[Ord. 6/11/1975A; as added by Ord. 86-5, 1/14/1987; and as
amended by Ord. 2000-3, 4/12/2000]
1.
Any application for a conditional use shall demonstrate that:
A.
The use will not endanger the public health and safety if located
where proposed and will not deteriorate the environment or generate
nuisance conditions.
B.
The use can be accommodated on the site with no variances required.
C.
The use is compatible with or will support the uses in the neighborhood
of the site.
D.
The use does not require substantial earthmoving, revision of drainage
patterns, or create excessive traffic congestion or substantial increase
in stormwater flow.
E.
Off-street parking is provided as required by § 326 of
this chapter and areas not covered by buildings or paved are landscaped
and maintained.
F.
Access to parking lots are located as remote as possible from nearby
street intersections and adequate sight distances are available at
access points for motorists entering and leaving the property proposed
for the use.
2.
Standards for Communications Towers as Conditional Uses.
A.
The applicant shall be required to demonstrate, using technological
evidence, that the tower or antenna must be situated at the location
and height where it is proposed in order to satisfy its function in
the applicant's grid system or coverage diagrams. The technological
evidence must be provided with the initial application. The Township
reserves the right, at its option, to have such demonstration reviewed
by an independent professional radio frequency engineer. All costs
to be borne by the applicant as engineering review fees.
B.
Every effort shall be made to locate the tower below the ridge line
of mountains and hills while still preserving the site's usefulness.
C.
The applicant shall demonstrate that it is licenses by the Federal
Communications Commission to operate a communications tower, if applicable,
and communications antennas.
D.
The applicant shall submit a copy of the lease or other documentation
evidencing that the owner of the property approves the siting of the
tower, antenna, and other supporting equipment and the access provided
to the site. All financial details of the lease may be omitted.
E.
The communications tower site shall be fully automated and unattended
on a daily basis, unless emergency conditions prevail. Two reserved
off-street paved parking spaces shall be required upon a communications
tower site.
F.
The applicant shall demonstrate that the proposed communications
tower and communications antennas proposed to be mounted thereon comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
G.
Communications towers shall comply with all applicable Federal Aviation
Administration, Commonwealth Bureau of Aviation and applicable airport
zoning regulations.
H.
Any applicant proposing construction of a new communications tower
shall demonstrate that a good faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure, or communications tower. A good-faith effort shall require
that all owners of potentially suitable structures within a 1/2 mile
radius of the proposed communications tower site be contacted and
that one or more of the following reasons for not selecting such structure
apply:
(1)
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure and the interference cannot be prevented at a reasonable
cost.
(3)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(4)
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with
the owners of such structures.
I.
Access shall be provided to the communications tower site by means
of a public street or easement to a public street. The easement shall
be a minimum of 20 feet in width and shall be paved to a width of
at least 10 feet for its entire length.
J.
A communications tower site may be located on a lot occupied by other
principal structures and may occupy a leased parcel within a lot meeting
the minimum lot size requirements for the zoning district.
K.
Site plans for all communications towers sites shall be submitted
as a land development and shall comply with the Kingston Township
Subdivision and Land Development Ordinance and will include a complete
landscape plan prepared by a Pennsylvania registered landscape architect.
L.
Recording of a plat of subdivision or land development shall be required
for any parcel on which a communications tower site is proposed to
be constructed.
M.
The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to perform its function.
N.
In all zoning districts, the maximum height of any communications
tower shall be 100 feet; provided, however, that if the tower is replacing
an existing communication tower structure such height may be increased
to no more than the height of the existing tower structure or 150
feet, whichever is less, provided the required setbacks from adjoining
property lines (not lease lines) are increased by one foot for each
one foot of height in excess of the existing tower structure or 100
feet whichever is less.
O.
The tower shall be set back from adjacent property lines and existing
buildings a distance equal to the maximum collapsible fall zone for
the proposed tower as certified by a Pennsylvania registered engineer
responsible for designing the proposed tower, plus 25 feet. At no
time will the setback be less than the existing setback requirement
or 50 feet whichever is greater.
P.
The base of a communication tower shall be landscaped so as to screen
the fenced foundation, base and communications equipment building
from abutting properties.
Q.
The communications equipment building shall comply with the required
yards and height requirements of the applicable zoning district for
an accessory structure.
R.
The applicant shall submit certification from a Pennsylvania registered
professional engineer that a proposed communications tower will be
designed and constructed in accordance with the current Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association, and applicable requirements of the Township's
Building Code.
S.
The applicant shall submit certification that the tower and its method
of installation has been designed by a Pennsylvania registered engineer
and is certified by that registered engineer to be structurally sound
and able to withstand wind and other loads projected for the proposed
site in accordance with the American National Standards Institute
(ANSI) as amended, and other federal, state and local building regulations
and accepted industry standards.
T.
The applicant shall submit on an annual basis a copy of its current
Federal Communications Commission license; the name, address and emergency
telephone number for the operator of the communication tower; and
a certificate of insurance evidencing general liability coverage in
the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
the communications tower, communications antennas, and all elements
of the communications tower site.
U.
All guy wires associated with guyed communications towers shall be
clearly marked so as to be visible at all times and shall be located
within the fenced enclosure.
V.
The communications tower site including guy wires and equipment buildings
shall be secured by a security fence with a minimum height of eight
feet to limit accessibility by the general public, as described in
§ 348.
W.
The following buffer plantings shall be located around the perimeter
of the communication tower site:
(1)
An evergreen screen shall be planted that consists of either
a hedge, planted three feet on center maximum, or a row of evergreen
trees planted 10 feet on center maximum. The hedge shall be sized
to reach a height of 48 inches and evergreen trees shall be sized
to reach a height of 96 inches within 36 months of installation.
(2)
Existing vegetation (trees and shrubs) shall be preserved to
the maximum extent possible.
(3)
All planting and planting areas shall be actively maintained
throughout the life of the facility.
(4)
A landscape plan prepared by a Pennsylvania registered landscape
architect shall be submitted as part of the land development and or
subdivision plan. This plan will become part of the final approved
subdivision and or land development plans and will be recorded with
the approved plans. This plan shall delineate planting areas, plant
types, and sizes at installation, fencing type construction and finishes,
as well as paved and lawn areas. The buffer planting will be maintained
per the approved design as delineated in the recorded plans.
(5)
No signs or lights shall be mounted on a communications tower,
except as may be required by the Federal Communications Commission,
Federal Aviation Administration or other governmental agency which
has jurisdiction, or related solely to the use of the communication
tower.
(6)
All lighting shall be shielded and reflected away from adjoining
properties, except as required by the Federal Aviation Administration
or other regulatory agencies.
(7)
Communication towers shall be painted or camouflaged in such
a way to minimize the visual impact on the surrounding landscape and
to blend into the surrounding landscape.
(8)
Communication towers shall be protected and maintained in accordance
with the requirements of the Township's Property Maintenance
Code.
X.
If a communication tower remains unused for a period of 12 consecutive
months, the owner or operator shall dismantle and remove the communications
tower within six months of the expiration of such twelve-month period.
Failing to do so, the Township may cause the same to be removed and
charge the cost of the removal to the foregoing parties. In addition,
the Township may file a municipal lien against the land to recover
the cost of removal and attorney's fees. If the owner or operator
plans to discontinue use of the facility, a copy of intent to cease
operations must be submitted to Kingston Township.
Y.
In order to reduce the number of antenna support structures needed
in a community in the future any proposed new support structure shall
be designed to accommodate at least one other user(s), including other
communications company(ies) and local fire, police, ambulance and
emergency provider(s).
[Ord. 6/11/1975A; as added by Ord. 86-5, 1/14/1987]
1.
A developer proposing a conditional use shall submit to the Zoning
Officer five copies of the following materials at least five calendar
days before a regular meeting of the Planning Commission:
A.
A written statement supporting the general criteria outlined in § 601
above and describing in detail the proposed use;
B.
A scaled illustrative site plan showing the arrangement of the proposed
use on the site, including property lines, setback lines, uses on
adjacent properties, abutting streets, buildings existing and proposed
on the site by use and height, points of access into the site, internal
driveways, parking area layout with number of spaces noted, freestanding
signs, areas of earth moving with grade of finished slope noted, means
of disposing of stormwater, proposed landscaping and other pertinent
information.
C.
The Commission may waive parts of the site plan submission that are
clearly irrelevant in a particular case.
2.
The Commission shall review the documents required by this section
together with the specific criteria that apply to the proposed use
at its next meeting and may recommend approval of the plan as submitted,
rejection or approval with specific conditions to be met by the developer.
Also, the Commission may table it for further information, or schedule
a public hearing on it to gather public opinion.
3.
The Commission shall note its discussion of the proposal and its
recommendation to the Board of Supervisors in its minutes of the meeting
and shall submit a copy to the developer and copies to the Board,
together with the developer's submission.
4.
The Board shall review the Commission's recommendations at the
Board's next regular meeting and shall vote to accept or reject
the recommendations. A copy of the Board's decision shall be
sent to the Planning Commission and the developer.
5.
The Board's decision shall be made not more than 90 days after
the submission was first reviewed by the Planning Commission, provided
the plan is not withdrawn and resubmitted. The review period shall
start over upon resubmission. When the Board fails to render a decision
within the allotted time period 90 days, the application for a conditional
use shall be deemed to be approved, unless an extension of time has
been agreed to by the applicant.
6.
If the Board grants approval, it shall authorize the Zoning Officer
to issue a zoning permit for the proposed development. If conditions
are attached to approval, they shall be noted on the building permit.
[Added by Ord. 2011-2, 4/13/2011]
1.
General Criteria and Standards of Conditional Uses.
A.
General Standards. Kingston Township hereby declares that oil and
gas development and production is a conditional use, as defined in
this chapter, and the conditional use is authorized by the issuance
of a conditional use permit by the Township, subject to the following
conditions, criteria, and standards:
(1)
Oil and gas drilling surface activities shall only be permitted
to be drilled on a lot of land that is a minimum area of 10 contiguous
acres or larger, as calculated in accordance with prevailing established
procedures and practices of land surveying in the Commonwealth of
Pennsylvania.
(2)
Oil and gas drilling surface activities, natural gas compressor
stations, and natural gas processing facilities are prohibited for
use in Single-Family Residential Districts (R-1), Two-Family Residential
Districts (R-2), Multifamily Residential Districts (R-3), Mobile Home
Park Residential Districts (R-4), Industrial Districts (I-1), and
Conservation Districts (C-1).
(3)
Oil and gas drilling subsurface activities are authorized in
all zoning districts.
(4)
Oil and gas drilling surface activities, natural gas compressor
stations and natural gas processing facilities are authorized as a
conditional use in Agricultural Districts and as a permitted use in
Mining Zoning Districts of the Township, pursuant to the criteria
set forth in this section.
B.
Additional General Criteria and Standards of Conditional Uses. The use of a lot of land for oil and gas development and production, oil and gas drilling subsurface facilities, oil and gas surface facilities, natural gas compressor stations and natural gas processing plants shall comply in all respects with each term and provision of the Township of Kingston Code of Ordinances, Chapter 27, Part 6, § 601 ("General Criteria: Conditional Uses"), which are incorporated herein and made a part hereof as though the same were set forth at length herein.
C.
Special Criteria and Standards for Approval and Permanent Maintenance
of Conditional Uses Provided for in this Section:
(1)
A copy of the well location plat as submitted to and approved
by the Pennsylvania Department of Environmental Protection showing
the location(s) of the planned well(s).
(2)
A general description of the planned operation of the planned
well(s) and associated equipment used in development of the well(s).
(3)
A copy of the approved drilling permit issued by the Pennsylvania
Department of Environmental Protection (DEP).
(4)
A map showing the planned access route(s) on public roads to
the well sites.
(5)
Planned hours of construction activities involving excavation
of or alteration to the work of any access road or well site.
(6)
Procedure and methods of compliance with the noise controls
as provided in this section.
(7)
A copy of the plan to control spill, leak or malfunction and
to remove or cause to be removed all waste materials from any public
or private property affected by such spill, leak or malfunction.
(8)
The name of the person supervising the drilling operation and
toll-free number where such person can be reached 24 hours a day.
(9)
The identity, address and contact telephone numbers for all
subcontractors associated with the development or production facility.
The Township will be notified by the operator within 48 hours of any
subcontractor changes.
(10)
Verification that the operator and all subcontractors have read
and will comply with all provisions of this section.
2.
Procedure for Review, Approval and Permitting of Conditional Uses
Provided for in this Section.
A.
Application Fee. An application fee in the amount of $3,000 shall
be paid by the operator/applicant for the purposes of payment for
expenses incurred or to be incurred by the Township of Kingston associated
with all documentation, general area inspection, and engineering costs
related to public safety requirements of the oil and gas well site
areas, both before and after drilling, and the processing of the oil-
and gas-related conditional use application.
B.
Application, Review and Approval Procedure. The procedure for the conditional use plan application, review, approval and permitting applicable to this section is set forth in all respects in § 602, Subsections 1 through 6, of Part 6 of this chapter, which is incorporated herein and made a part hereof as though the same were set forth at length herein.
C.
Land Development. Following the issuance of conditional use approval by the Board of Supervisors, the operator/applicant shall forthwith comply with all of the terms and conditions necessary for the final approval of a land development, as provided in Chapter 22 of the Code of Ordinances of the Township of Kingston, which chapter is incorporated herein in its entirety and made a part hereof by specific reference thereto herein.
3.
Conditions Imposed Upon the Use of Land for the Purposes Provided
for in this Section Following Conditional Use Approval and Land Development
Approval.
A.
Conditions.
(1)
The operator, its successors and assigns, shall be liable for
the full and complete repair and restoration of all damages of whatever
nature to all Township roads directly caused by truck hauling from
the oil and gas drill site in excess of any usual and customary damage
attributable to normal and general vehicular use. Notwithstanding
the provisions contained herein relating to an excess maintenance
agreement and the bonding of the operator's performance thereof,
should the operator, its successors and assigns, fail to repair and
restore fully and completely such road repair and restoration of damages
to Township roads attributable to the drilling process, the Township
reserves the right to proceed against the operator, its successors
and assigns, by the commencement of an action in law or equity seeking
payment of the entire cost of such repair and restoration of road
damage, including but not limited to all costs of suit and reasonable
attorneys' fees.
(2)
The operator shall disclose the proposed routes of all trucks
and other heavy equipment to be utilized for hauling to and from the
oil and gas drill site and the estimated weights of those trucks and/or
heavy equipment associated with the drilling process. The Township
reserves the right to designate alternate routes in the event that
the operator's proposed routes are determined by the Township
Engineer to be inadequate, unsafe, or overly disruptive to normal
vehicular traffic.
(3)
Before the commencement of any drilling operations, including
but not limited to the construction of the well site, the Township
Engineer and the operator shall conduct an on-site inspection of all
roads to be utilized for truck hauling to and from the oil and gas
drill site. Upon the basis of the inspection, the Township Engineer
and the operator shall prepare a detailed report documenting the existing
structural condition of the road. Photographs and videotapes will
be taken to substantiate the report. Copies of the inspection report,
photographs, and/or videotapes will be made available to the operator
and the Township.
(4)
The operator shall plan or design all proposed hauling routes
to minimize the use and impact of such truck hauling upon Township
roads wherever feasible.
(5)
The operator shall produce evidence satisfactory to the Township
Engineer that all intersections along proposed hauling routes provide
a sufficient turning radius for trucks to be utilized for hauling
so that all turns can be safely made without damage to vehicles, sidewalks,
curbs or surrounding property.
(6)
All Township roads used by the operator for truck and/or equipment
hauling from the oil and gas drill site will be kept and restored
to the same or similar condition during and after the drilling operations.
Accordingly, prior to any drilling operations, the Township and the
operator shall enter into an excess maintenance agreement, in a form
acceptable to the Township, in order to guarantee the repair and the
restoration of any Township road(s) which may be determined in the
reasonable professional opinion of the Township Engineer founded,
in whole or in part, on the inspection report and the graphic documents
in support of the inspection report, to be subject to damage as a
result of and in the course of traffic generated by truck and/or equipment
hauling from the oil and gas drill site. In the excess maintenance
agreement, the operator must assume explicitly its responsibility
to repair and restore any Township road determined to be damaged as
a result of traffic generated by truck and/or equipment hauling from
the oil and gas drill site and in excess of the usual and customary
extent due to general vehicular use. The reasonable professional opinion
of the Township Engineer as to damage(s) shall prevail hereunder.
(7)
In addition to the aforesaid excess maintenance agreement and
to secure the performance thereof, the operator shall post a bond
or other financial security in favor of the Township and in a form
acceptable to the Township. The principal of the bond shall be determined
by the Township Engineer acting on behalf of the Township. The bond
to be posted by the operator may be in a principal sum in excess of
otherwise-applicable PennDOT limits when the Township Engineer has
reasonably estimated that the cost of the repair and restoration of
Township roads will exceed the prevailing PennDOT bonding limits.
(8)
The operator is responsible for the satisfactory and complete
repair and restoration of damaged roads, as above determined, before
the excess maintenance agreement can be terminated and the security
released.
(9)
Notwithstanding any other provision herein set forth, the operator
shall, at all times, utilize the Township roads only in a manner that
permits unobstructed and safe passage for other members of the traveling
public. The operator shall covenant in the excess maintenance agreement
to make immediate repair of any conditions on the road attributable
to its use for truck hauling from the oil and gas drill site which
restricts use of the road by the traveling public or causes or contributes
to an unsafe condition, including the removal of mud and dirt from
the road.
(10)
Where truck traffic generated by oil and gas drill site hauling
is heavy in the proximity of school bus stops, the operator will provide
flagmen to ensure the safety of children waiting for or leaving school
buses.
(11)
The access driveway off the public road to the drill site shall
be gated at the entrance to prevent illegal access into the drill
site. The drill site's assigned address shall be clearly visible
on the access gate for emergency 911 purposes. In addition, the sign
shall include the well name and number, the name of the operator and
the telephone number for a person responsible who may be contacted
in case of emergency.
(12)
Access of well site roads directly to state roads shall require
Pennsylvania Department of Transportation (PennDOT) highway occupancy
permit approval. Prior to initiating any work at a drill site, the
Township shall be provided a copy of the highway occupancy permit.
(13)
The operator shall not clear brush or trees by way of burning,
and it shall chip, grind or remove all tree stumps from properties
it clears for development purposes. The operator shall comply in all
respects with the Township's Burning Ordinance.[1]
(14)
Prior to development, the operator shall provide to all of the
Township's first responders (fire, police, ambulance, and emergency
medical treatment) and the Zoning Officer a copy of its preparedness,
prevention and contingency ("PPC") plan relating to emergencies.
(15)
Before drilling, the Township shall ascertain whether the Township's
first responders have secured adequate information to cope satisfactorily
with any potential dangerous conditions that may result due to development
activities. First responders shall have initial access to on-site
orientation and be provided adequate emergency awareness information.
Upon request from the Township, the operator will, prior to drilling
of an oil and gas well, make available, with at least 30 days' notice,
at its sole cost and expense, an appropriate site orientation for
first responders. Such site orientation shall be made available at
least annually during the period when the operator anticipates drilling
activities in the Township.
(16)
The operator shall take all necessary safeguards to ensure appropriate
dust-control measures are in place.
(17)
Recognizing that the specific location of equipment and facilities is an important and integral part of the oil and gas development, as and as part of the planning process, the operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future Township development activities as authorized by this chapter and the Subdivision and Land Development Ordinance (Chapter 22).
(18)
Recognizing that adequate and appropriate lighting is essential
to the safety of those involved in the development of oil and gas,
the operator shall take steps, to the extent practicable, to direct
site lighting downward and inward toward the drill site, wellhead
or other area being developed so as to attempt to minimize glare on
public roads and adjacent buildings within 300 feet of the drill site,
wellhead or other area being developed.
B.
Additional Conditions of Conditional
Use for Purposes Provided for Herein.
(1)
Public Meeting.
(a)
At least 30 days prior to the initial development activities
or any subsequent or additional development activities, the operator
must inform the Zoning Officer of such development activities. The
Zoning Officer shall thereupon issue public notice once and written
notice delivered by regular United States mail of a public meeting
to be held in the Kingston Township Administration Building to be
conducted by the Board of Supervisors and the Planning Commissioners
jointly, at which the operator shall present all general information
regarding all such initial or additional planned development activities.
The written notice of the public meeting required herein is limited
to owners or occupants of land lying within 1,000 feet of the surface
location(s) of the planned development activities. All costs of public
notice by publication and mail shall be borne by the operator. The
individual in primary charge of such proposed development activities
shall be present at the public meeting.
(b)
The operator shall provide to the Zoning Officer and each Supervisor
and Planning Commissioner the following information at least 30 days
before the aforesaid public meeting:
(2)
Additional Requirements for the Conditional Use Provided Herein.
(a)
In addition to the requirements provided herein, for any oil
and gas well where the planned surface location of the well will be
within 500 feet of a protected structure, the operator shall:
[1]
Install temporary safety fencing, at least six feet in height,
around the established drilling pad containing drilling and hydraulic
fracturing equipment and install permanent fall-protection fencing
meeting OSHA requirements around any pits that contain or could contain
water or other liquids at depths greater than two feet.
[2]
Install warning signs providing notice of the potential dangers
at the well site.
[3]
Provide at least one well site security guard at all times when
a drilling rig or hydraulic fracturing equipment is on the well site.
(b)
In addition to the requirements provided herein, prior to drilling
an oil and gas well or multiple oil and gas wells at a location, no
later than 45 days beforehand, the operator shall notify each resident
whose property lies within 1,000 feet where horizontal drilling will
take place under their property for informational purposes.
(c)
Prior to the commencement of drilling activities, no construction
activities involving excavation of, alteration to, or repair work
on any access road or well site shall be performed during the hours
of 9:00 p.m. to 7:00 a.m. on weekdays and 9:00 p.m. to 8:00 a.m. on
Saturdays and Sundays.
(d)
The Township recognizes and acknowledges that oil and gas development
is accomplished by inherent noise. However, the operator shall take
all reasonable steps to minimize, to the extent practicable, the noise
resulting from the development. In the event that noise emanating
from the oil and gas development becomes an unlawful nuisance within
1,000 feet of a protected structure, the Township may require the
operator, at its cost, to erect and maintain suitable sound barriers
surrounding the well site as determined by the Township Engineer.
The operator will ensure that any and all vehicles servicing oil and
gas well sites, whether owned by the operator or not, are equipped
with mufflers and other equipment to minimize the noise generated
by the use of these vehicles.
(e)
The Township reserves the right to review and approve all housing
arrangements of a temporary nature for employees of the operator and
any subcontractors working on the oil and gas well site during the
duration of drilling operations. All such temporary housing arrangements
must comply with all Department of Environmental Protection sanitary
sewer disposal rules and regulations. All such temporary housing must
be removed within 30 days of the completion of the operator's
drilling operation.
(f)
All permanent surface facilities shall be painted an earth-tone
color to blend in with the surrounding area. The Township may require
fencing and/or landscaping to buffer the facilities from adjacent
properties.
(g)
The Township reserves the right to inspect the environs or general
surrounding area of the well site, including but not limited to all
public roadway conditions surrounding the site, all water sources
in and around the site, as defined herein and deemed to be "protected
areas," and all property boundaries of real estate adjacent to the
well site. A videotape may be made of such inspection; a copy of which
shall be delivered to the operator.
(h)
The operator shall provide to the Township a statement of the
manner of and soil sampling of water and soils from all sources by
the operator and a copy of the water sample report(s) provided to
DEP by the operator. The water sampling shall address all water sources
and soil types and characteristics within the radius of the well drilling
activity. All water sampling and soil sampling shall be performed
and certified by an independent and qualified third party.
4.
Zoning Approval Procedure and Standards for Conditional Uses (Natural
Gas Compressor Stations and Natural Gas Processing Facilities).
A.
Zoning Approval. All applications for the conditional use or the permitted use of natural gas compressor stations and natural gas processing plants shall be processed, and the same shall be reviewed, and, if applicable, approved, in the same procedural manner as provided in Subsection 2B and C of this section.
B.
Standards and Criteria.
(1)
The minimum site required for a natural gas processing facility
shall be 50 acres, and site location is limited to the Agricultural
and Mining Zoning Districts of the Township.
(2)
Natural gas compressor stations shall be limited to the Agricultural
and Mining Zoning Districts. The minimum area of the site of a natural
gas compressor station shall be 10 surface acres or larger, as calculated
in accordance with prevailing standards and principles of Pennsylvania
land surveying.
(3)
Compressors shall be located within a completely enclosed building.
During the periods of normal operations, doors, windows, and similar
operations shall remain closed to ensure maximum noise suppression.
(4)
Compressors and other power-driven equipment shall utilize electric
motors, where feasible, rather than internal combustion engines. No
electric power shall be generated on the site. All electrical installations
shall conform to local, state and national codes.
(5)
All property lines adjoining property of the specific site wherein
a natural gas compressor station is located shall be screened by a
landscaped buffer area for the distance necessary to screen buildings,
structures, parking areas, storage areas and equipment.
(6)
First responders shall be provided with a complete, detailed
list of all gases, chemicals and waste products produced, stored and
distributed on the site.
(7)
All waste disposal and storage of gases or by-products shall
be in accordance with the rules and regulations of the Pennsylvania
Department of Environmental Protection (PA DEP) and any other applicable
federal, state or local agency.
(8)
Incident to the use stated herein, no person shall place, deposit,
discharge or cause to be placed, deposited or discharged any oil,
petroleum, asphalt, tar hydrocarbon substances or any refuse, including
wastewater or brine from any natural gas processing facility or the
contents of any container used in connection with it on any public
right-of-way, alley, street, lot, storm drain, ditch or sewer, sanitary
drain, lake, pond, creek or similar body of water or on any private
property, all such waters being protected areas, without permits from
the appropriate regulatory agencies.
(9)
Drip pans and other containment devices shall be placed or installed
underneath all tanks, containers, pumps, lubricating oil systems,
engines, fuel and chemical storage tanks, system valves, connections
and any other areas or structures that could potentially leak, discharge
or spill hazardous liquids, semiliquids or solid waste materials,
including hazardous waste that is inseparable by simple mechanical-removal
processes and is made up primarily of natural material.
(10)
All chemicals and/or hazardous materials shall be stored in
such a manner as to prevent, contain and facilitate rapid remediation
and cleanup of any accidental spill, leak or discharge of a hazardous
material. The operator shall have all material safety data sheets
(MSDSs) for all hazardous materials on site. All applicable federal
and state regulatory requirements for the proper labeling of containers
shall be followed. Appropriate pollution-prevention actions shall
be required and include but are not limited to chemicals and materials
raised from the ground (e.g., wooden pallets), bulk storage, installation
and maintenance of secondary containment systems, and protection from
stormwater and weather elements.
(11)
All equipment and facilities shall comply with the noise limitations
provided in this section.
5.
Penalties. Any operator, or person performing work at their direction,
who violates or permits a violation of this section shall, upon being
found liable therefor in an enforcement proceeding commenced by the
Township before a District Justice, pay a fine of not more than $500,
plus all court costs, including reasonable attorneys' fees incurred
by the Township. No judgment shall be commenced or imposed, levied
or payable until the date of the determination of a violation by the
District Justice. Each day a violation exists shall constitute a separate
offense. Further, the appropriate officers or agents of the Township
are hereby authorized to issue a cease-and-desist notice and/or to
seek equitable relief, including injunction, to enforce compliance
herewith. No bond will be required if injunction relief is sought
by the Township.
