This Chapter 480, Zoning, of the Code of the Township of Bethel, as amended, is hereby further amended to create a zoning district to be designated as Tank Farm District.
A. 
The following uses shall be permitted in the T Tank Farm District:
(1) 
The storage of liquid hydrocarbons together with the fixtures and appurtenances necessary for the satisfactory and efficient operation thereof.
B. 
The following use shall be permitted as a conditional use:
(1) 
A communication tower and a building or buildings to be used to house the electronic equipment necessary for the satisfactory operation of the tower.
(2) 
Subject to the regulations set forth in § 480-96.1 below, Adult commercial and/or adult entertainment uses, either as primary or accessory use in a building or structure.
[Added 12-21-2016 by Ord. No. 221]
(3) 
Ground-mounted solar energy systems in accordance with the development and design standards set forth in § 480-149.1 of this chapter, either as a primary use or as an accessory use to a use permitted by § 480-90A.
[Added 12-21-2016 by Ord. No. 221; 7-11-2023 by Ord. No. 239]
As used in this article, the following terms shall have the meanings indicated:
ATMOSPHERIC TANK
A storage tank, which has been designed to operate at pressures from atmospheric through 0.5 pounds per square inch gauge.
BOILOVER
The expulsion of crude oil (or certain other liquids) from a burning tank. The light fractions of the crude oil burn-off producing a heat wave in the residue, which on reaching a water strata may result in the expulsion of a portion of the contents of the tank in the form of froth.
LOW-PRESSURE TANK
A storage tank, which has been designed to operate at pressures above 0.5 pounds per square inch gauge but not more than 15 pounds per square inch gauge.
TANK FARM
The storage of liquid hydrocarbons together with the fixtures and appurtenances necessary for the satisfactory and efficient operation thereof.
WEAK ROOF-TO-SHELL SEAM
The seam between the tank roof and the tank shell constructed to fail preferentially to any other seam in order to provide relief for preventing the development of excessive internal pressure.
A. 
Design and construction of tanks.
(1) 
Atmospheric tanks shall be built in accordance with the American Petroleum Institute Standard No. 650 — Welded Steel Tanks for Oil Storage.
(2) 
Low-pressure tanks. Low-pressure tanks shall be built in accordance with the American Petroleum Institute Standard No. 620 — Recommended Rules for Design and Construction of Large, Welded, Low-Pressure Storage Tanks.
(3) 
No tank shall exceed 56 feet in height and 210 feet in diameter unless authorized as a special exception by the Zoning Hearing Board.
B. 
Installation of tanks.
(1) 
Location with respect to property lines and public ways.
(a) 
All tanks shall be set back a minimum of 250 feet from the near side of a public right-of-way or street, and a minimum of 100 feet from any property lines. If a greater setback is required by the following subsection, the greater setback shall apply.
(b) 
Every tank for the storage of liquid hydrocarbons except those liquids with boil-over characteristics shall be located in accordance with Table I below.
(c) 
Every tank for the storage of liquid hydrocarbons with boil-over characteristics shall be located in accordance with Table III below.
(2) 
Spacing between tanks. The distance between tanks storing liquid hydrocarbons shall not be less than the diameter of the largest tank.
(3) 
Normal venting for tanks.
(a) 
Atmospheric storage tanks shall be adequately vented to prevent development of vacuum or pressure sufficient to distort the roof of a cone roof tank or exceeding the design pressure in the case of other atmospheric tanks, as a result of filling or emptying of atmospheric temperature changes.
(b) 
Normal vents shall be sized in accordance with the American Petroleum Institute Standard 2000 — Venting Atmospheric and Low-Pressure Storage Tanks.
(c) 
Low-pressure tanks shall be adequately vented to prevent development of pressure or vacuum exceeding the design of the tank.
(4) 
Emergency relief venting for fire exposure.
(a) 
Every tank shall have some form of construction or device that will relieve excessive internal pressure caused by exposure fires.
(b) 
In a vertical tank, the construction referred to in Subsection C(2)(d)[1] of this section may take the form of a floating roof, lifter roof, or a weak roof-to-shell seam.
(c) 
Where the entire dependence for emergency relief is placed upon pressure-relieving devices, the total venting capacity of both normal and emergency vents shall be enough to prevent rupture of the shell or bottom of the tank.
(5) 
Drainage, dikes, and walls for tanks.
(a) 
Drainage and diked areas. The area surrounding a tank shall be diked to prevent accidental discharge of liquid from endangering adjoining property or reaching waterways. Protection of adjoining property and waterways shall be accomplished by retaining the liquid around the tank by means of a dike, and the volume of the diked area shall comply with the following requirements:
[1] 
The volumetric capacity of the diked area shall be not less than 125% of liquid that can be released from the tank within the diked area.
[2] 
Walls of the diked area shall be of earth, steel, concrete, or solid masonry designed to withstand a full hydrostatic head. Earthen walls three feet or more in height shall have a flat section at the top not less than two feet wide. The slope of earthen wall shall be consistent with the angle of repose of the material of which the wall is constructed.
[3] 
Where provision is made for draining water from diked area, drainage shall be provided at a uniform slope of not less than 1% away from tanks towards sump, drainbox, or other safe means of disposal located at the greatest practical distance from the tank. Such drains shall be controlled in a manner so as to prevent liquid hydrocarbons from entering natural watercourses, public sewers, or public drains. Control of drainage shall be accessible under fire conditions.
C. 
Testing.
(1) 
All tanks shall be strength tested before they are placed in service in accordance with the applicable paragraphs of the code (API Std. 650 or 620). The American Petroleum Institute (API) monogram on a tank shall be evidence of compliance with this strength test.
A. 
Design. The design (including selection of materials) fabrication, assembly, test and inspection of piping systems containing liquid hydrocarbons shall be suitable for the expected working pressures and structural stresses. Conformity with the applicable provisions of Pressure Piping, American National Standards Institute B31.4 Code for Liquid Petroleum Transportation Piping Systems, shall be considered prima facie evidence of compliance with the foregoing provisions.
B. 
Testing. All piping shall be hydrostatically tested to 150% of the maximum anticipated pressure of the system, or pneumatically tested to 110% of the maximum anticipated pressure of the system but not less than five pounds per square inch gauge at the highest point of the system. This test shall be maintained for 10 minutes or a sufficient period of time to complete visual inspection of all joints and connections, whichever is longer.
Table I
Type of Tank
Minimum Distance in Feet from Property Line Which May Be Built Upon
Floating roof
1/2 times diameter of tank but need not exceed 100 feet
Fixed roof with weak roof-to-shell seam
Diameter of tank but need not exceed 175 feet
Tanks with emergency-relief venting to limit pressures to 2.5 pounds per square inch gauge
See Table II
Tanks with emergency relief venting pressures in excess of 2.5 pounds per square inch gauge
1 1/2 times Table II
Table II
Tank Capacity in Gallons
Minimum Distance in Feet from Property Line Which May Be Built Upon
1,000,000 or less
100
1,000,001 to 2,000,000
135
2,000,001 to 3,000,000
165
3,000,001 or more
175
Table III
Type of Tank
Minimum Distance in Feet From Property Line Which May Be Built Upon
Minimum Distance in Feet From Nearest Side of Any Public Way
Floating roof
Diameter of tank but need not exceed 175 feet
250
In addition to the fire-protection requirements of the National Fire Prevention Association Code 30 and the Regulations of the Pennsylvania State Police, Fire Marshal Division, as a condition precedent to the issuance of a building permit hereunder, the lands zoned Tank Farm District must be serviced by a public water supply. In addition, a minimum of 500 gallons of fire-fighting foam shall be stored on the site of the land wherein the liquid hydrocarbons are stored.
At the time of application to the Township for a building permit for the erection and construction of a tank or tanks, the applicant shall file a landscape screening plan, which shall set forth existing and proposed trees and plantings screening the proposed tank or tanks from adjacent properties and/or public rights-of-way or streets. Screening shall consist of a minimum of a group of trees on twenty-foot centers, the total length of said groupings to be not less than the diameter of the proposed tank or tanks nearest the property or street line.
A. 
Purpose. The cellular telecommunications facility section is designed to:
(1) 
Accommodate the need for cellular telecommunications facilities while regulating their location and number in the Township;
(2) 
Minimize adverse visual effects of cellular telecommunications facilities through careful design, sitting and vegetative screening;
(3) 
Avoid potential damage to adjacent properties from cellular telecommunications facilities failure and falling ice and debris through engineering and careful sitting of cellular telecommunications facilities;
(4) 
Maximize the use of any new or existing cellular telecommunications facilities or other tall structure(s) so as to reduce the number of cellular telecommunications facilities needed in the future; and
(5) 
Have no effects on any other electronic communications, electrical equipment or home entertainment broadcasts.
B. 
Application and interpretation. In interpreting the provisions of this section to determine the extent of the restriction upon the use of the property, the provision shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted, as permitting the cellular telecommunications facilities sites that are appropriate and yet compatible with surrounding land uses.
C. 
Definition of terms. For the purposes of this section, the following words, terms and phrases shall have the meanings indicated herein:
ANTENNA
A device used to collect or transmit telecommunications or radio signals. Examples are panels, microwave dishes and single poles known as "whips."
ANTENNA HEIGHT
The vertical distance measured from the base of an antenna support structure at grade to the highest point of the antenna support structure, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE
Any pole, telescoping mast, monopole, tower, tripod or any other structure which supports or has attached to it an antenna or antennas.
CELLULAR TELECOMMUNICATIONS FACILITY
The equipment and structures involved in receiving telecommunication or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
LANDSITE
A tract or parcel of land that contains the cellular communications facility, tower, antenna and/or telecommunications equipment building.
TELECOMMUNICATIONS EQUIPMENT BUILDING
The building in which the electronic receiving and relay equipment for a cellular telecommunications facility is housed.
TOWER
A structure that is intended to support equipment used to transmit and/or receive telecommunications signals.
D. 
Use, area, landscaping, fencing and heights requirements (cellular telecommunications facility).
(1) 
A cellular telecommunications facility with antenna that is attached to an existing wireless communications, cellular communications or personal communications services tower, smokestack, water tower or other similar tall structure, together with any antenna support structure, shall not exceed the height of the existing structure by more than 15 feet nor a maximum height of 180 feet above the ground and shall require building and zoning permits.
(2) 
A cellular telecommunications facility with antenna that is not mounted on an existing antenna support structure shall not have an antenna height or tower height in excess of the minimum height necessary to effectively provide the wireless communications service, and not in excess of 180 feet, and shall require a building and zoning permit and land development approval pursuant to the provisions of Chapter 395, Subdivision and Land Development, of the Code of the Township of Bethel.
(3) 
If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing tall structure), the minimum distance between the base of the support structure (excluding any guy wire anchors) and any property line shall be the largest of the following:
(a) 
One hundred feet.
(b) 
In addition, unless the communication tower is designed to collapse upon itself so as not to fall upon any adjoining property, the setback from each lot line shall be equal to the height of the tower. It shall be an applicant's burden to establish by clear and convincing evidence that a proposed communication tower has been so designed by a Pennsylvania licensed structural engineer.
(4) 
Any provisions of the Township Code which are not addressed hereunder shall remain in effect and shall not be considered altered or modified by this section and shall apply to the proposed cellular telecommunications facilities and/or telecommunications equipment building.
(5) 
Landscaping.
(a) 
Existing vegetation shall be preserved to the maximum extent possible.
(b) 
Landscaping shall be required to screen and buffer as much of the cellular telecommunications facility as possible, and the fence surrounding the cellular telecommunications facility, and any other ground-level features of the cellular telecommunications facility from the abutting properties.
(c) 
Where the cellular telecommunications facility abuts residentially developed land, residential zoning districts, public land or streets, the cellular telecommunications facility perimeter shall be landscaped with at least one row of deciduous trees, not less than 3 1/2 inches in caliper, spaced not more than 30 feet apart, on center, and within 40 feet of the cellular telecommunications facility boundary, as well as at least one row of evergreen trees or shrubs, at least 14 feet high when planted and spaced not more than 15 feet apart and within 25 feet of the cellular telecommunications facility boundary.
(6) 
Fencing. A security fence shall be required around the cellular communications facility, unless the antenna is mounted on an existing tall structure. The security fence shall be a minimum of eight feet in height; the type of fencing shall be solid wood as approved by the Township.
(7) 
In the event that a cellular telecommunications facility is attached to a nonresidential building or structure in a residential district, the maximum antenna height shall be 180 feet above the ground level.
(8) 
In the event that a cellular telecommunications facility is attached to a mid-rise or high-rise apartment building in a residential district, the maximum antenna height shall be 180 feet above the ground level.
(9) 
All uses ancillary to the cellular telecommunications facility, including, without limitation, a business office, maintenance depot, vehicle storage, etc. are prohibited from the landsite, unless otherwise permitted in the zoning district in which the landsite is located.
(10) 
The cellular telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.
E. 
Standards for approval; additional design standards. The following standards of approval shall apply to all cellular telecommunications facilities:
(1) 
The applicant shall demonstrate, using accepted technological evidence, that the antenna and antenna support structure must be located where proposed in order to satisfy its function in the applicant's grid system.
(2) 
If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing tall structure), it is required to demonstrate that it contacted the owners of tall structures within a one-mile radius of the site proposed, requested permission to install the antenna on those tall structures and was denied permission for reasons other than economic reasons. The term "tall structures" includes smokestacks, water towers, antenna support structures of other cellular phone companies and other communications towers (fire, police, etc.). If the antenna can be physically and legally accommodated on an existing tall structure, the governing body may deny the conditional use application to construct a new tower.
(3) 
The applicant shall demonstrate that the antenna height is the minimum required to function satisfactorily. No antenna height taller than this minimum height shall be approved, unless the applicant provides proof that another provider of wireless, cellular or personal communications services has already agreed to co-locate on the applicant's antenna support structure at a greater height than is required by the applicant.
(4) 
The applicant shall demonstrate that the proposed antenna and antenna support structure are safe and the surrounding properties will not be negatively affected by antenna support structure failure, falling ice or other debris. All antenna support structures shall be fitted with anti-climbing devices, as approved by the manufacturers and the Township.
(5) 
In order to reduce the number of antenna support structures needed in the Township in the future, the proposed antenna support structure shall be required to accommodate, where possible, other users, including other wireless communication, cellular communication and personal communication service provider companies, and local police, fire and ambulance companies. Applicants shall provide evidence that all other authorized users have been contacted by the applicant with an offer of co-location on the applicant's proposed antenna support structure.
(6) 
The applicant must demonstrate that it is licensed by the Federal Communications Commission to provide wireless communications, cellular communications and/or personal communications services.
(7) 
If the wireless communications facility is fully automated, adequate parking shall be required for maintenance workers. The Bethel Township Zoning Officer shall determine the required number of parking spaces.
(8) 
Antenna support structures shall, to the extent possible, be finished so as to reduce the visual impact. Support structures must be painted green up to the height of nearby trees and shall meet all Federal Aviation Administration regulations.
(9) 
A full site plan shall be required for all landsites, showing the antenna and antenna support structure, together with any building, fencing, buffering, access and all other items required in Chapter 395, Subdivision and Land Development, for a land development application.
(10) 
Towers shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EID-222-E Manual, as amended from time to time.
(11) 
A soil report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA-222-E, as amended, shall be submitted to the Township to document and verify the design specifications of the foundation for the tower and anchors for the guy wires, if used.
(12) 
Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour.
(13) 
An antenna may not be located on a building or structure that is listed on the current Township's Historic Resources Map.[1]
[1]
Editor's Note: The Historic Resources Map is located at the Bethel Township Building.
(14) 
No antenna or its support structure may be artificially lighted except when required by the Federal Aviation Agency.
F. 
Conditional use provisions. In addition to the typical requirements for a conditional use, a conditional use for a cellular telecommunications facility with antenna shall not be granted except upon compliance with the following:
(1) 
The applicant shall demonstrate that the tower for the cellular telecommunications facility is the minimum height necessary for the service area. The applicant shall also demonstrate that the facility must be located where it is to serve the company's system.
(2) 
The applicant shall present documentation that the tower is designed in accordance with the standards cited in this section for cellular telecommunications towers.
(3) 
The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.
(4) 
The need for additional buffer yard treatment shall be evaluated.
(5) 
The applicant shall demonstrate that the cellular telecommunications facility must be located where it is proposed in order to serve the applicant's service area.
(6) 
Where the cellular telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility.
G. 
Maintenance; abandonment.
(1) 
The cellular telecommunications facility shall be maintained and kept in good order and repair and in compliance with all applicable federal and state requirements and the Code of the Township.
(2) 
In the event that a cellular telecommunications facility is not used by its owner/operator for a period of six months, it shall be conclusively presumed to be abandoned. All such abandoned facilities shall be removed within six months after the presumed abandonment.
[Added 12-21-2016 by Ord. No. 221]
A. 
Area and height regulations.
Minimum lot area: four acres for each principal permitted building.
Minimum lot width at the building line: 250 feet.
Maximum impervious surface area: 60%.
Maximum building coverage: 15%.
Minimum depth of front and rear yard: 100 feet.
Maximum building height: 25 feet.
Minimum width of each individual side yard: 100 feet.
B. 
Special design and development requirements.
(1) 
The building, lot or structure of such use shall be located no closer than 500 feet, measured in any direction, from any residential lot or residential zoning district;
(2) 
The building, lot or structure of such use shall be located no closer than 1,000 feet, measured in any direction, from any lot having a school, church, recreational, religious, institutional and/or educational use.
(3) 
No adult entertainment and/or adult commercial use shall be located within 2,000 feet, measured in any direction, of a similar use.
(4) 
No pornographic material or adult entertainment material nor any advertising of such materials shall be visible from any window, door or exterior of the building or structure.
(5) 
The building, lot or structure of such use shall be located on a state highway and all ingress and egress to the building, lot or structure of such use must be on a state highway.
(6) 
No person under the age of 18 years shall be permitted to patronize an adult commercial use or be sold any pornographic material.
C. 
Lighting. All driveways, parking areas and vehicle maneuvering areas shall be adequately illuminated and all exterior or outdoor lighting shall be arranged in such a manner so as to protect adjoining property and traffic from any glare. All such lighting shall be equipped with glare-shielding devices and not be more than 20 feet high.
D. 
Buffering. Along each property line, a buffer yard not less than 50 feet in width shall be provided. The buffer yard shall contain landscape plantings in accordance with § 480-150.
E. 
Rubbish. All trash and rubbish storage areas shall be screened from public view and from view of any surrounding uses. The screening of such storage shall be shown on the landscaping plan.
F. 
Public water and public sewer. Any adult commercial and/or adult entertainment use shall be served by public water and public sewer.
G. 
Signs. Any adult commercial and/or adult entertainment use shall only be permitted the following signs:
(1) 
One freestanding sign: maximum height 10 feet and 30 square foot maximum sign face size. The freestanding sign must be located adjacent to a State Highway at the ingress/egress point for the lot, as identified in Subsection B(5) above, and shall not contain any electronic, digital, flashing details.
(2) 
One wall sign: 25 square foot maximum wall sign size. Adult commercial and/or adult entertainment uses are specifically prohibited from installing or maintaining any roof-mounted signs.
(3) 
Adult commercial and/or adult entertainment signs permitted in Subsection G(1) and (2), above, shall be limited to identification of the establishment and shall not contain any images, graphics or illustrations of any human anatomical parts and shall comply with all other provisions of Article XVII, Signs, in this chapter.
H. 
Adult commercial and/or adult entertainment uses may only be open to the public between the hours of 12:00 p.m. and 1:00 a.m. Adult commercial and/or adult entertainment uses shall be prohibited from installing, maintaining or utilizing any outdoor speakers.