All permitted uses, conditional uses and uses by special exception
in all zoning districts shall comply with the requirements of this
section. The method of determining compliance at the time of application
and continuing compliance by an established use shall be subject to
Subsections J and K.
A.
Fire protection. Fire prevention and fire-fighting equipment acceptable
to the Board of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
materials is carried on.
B.
Electrical disturbance. No activity shall cause electrical disturbance
adversely affecting the operation of any other electrical equipment
in the vicinity of the creator of the disturbance.
C.
Noise.
(1)
The sound pressure level of sound radiated from any property, measured
at the lot line, shall not exceed the values in any octave band of
frequency specified in Table 1 or in Table 1 as modified by the correction
factors set forth in Table 2, below. The sound pressure level shall
be measured with a sound level meter and associated octave band analyzer
conforming to the standards prescribed by the American Standards Association.
Table 1
Maximum Permissible Sound Pressure Levels
Measured re: 0.0002 dyne per cm2
| ||
---|---|---|
Frequency Band
(cycles per second)
|
Decibels
| |
20 to 75
|
74
| |
76 to 150
|
62
| |
151 to 300
|
57
| |
301 to 600
|
51
| |
601 to 1,200
|
47
| |
1,201 to 2,400
|
42
| |
2,401 to 4,800
|
38
| |
4,801 to 10,000
|
35
|
Table 2
Correction Factors
| |||
---|---|---|---|
Condition
|
Correction in Decibels
| ||
On a site located within, contiguous to or across the street
from any property in an R District
|
Minus 5
| ||
Sound levels emitted between the hours of 10:00 p.m. and 7:00
a.m.
|
Minus 5
| ||
Sound of an impulsive character (for example, hammering)
|
Minus 5
| ||
Sound of periodic character (for example, hum or screech)
|
Minus 5
| ||
Sound source operated less than:
| |||
20% in any one-hour period
|
Plus 5*
| ||
5% in any one-hour period
|
Plus 10*
| ||
1% in any one-hour period
|
Plus 15*
|
*
|
Apply only one of these corrections.
|
(2)
The following uses or activities shall be exempted from the noise
regulations:
(3)
In addition to the above regulations, all uses and activities within
the Township shall conform to all applicable county, state and federal
regulations. Whenever the regulations contained herein are at variance
with any other lawfully adopted rules or requirements, the more restrictive
shall govern.
D.
Vibrations. No vibration at any time shall produce any acceleration
of more than 0.1 g or shall result in the combination of amplitudes
and frequencies on any structure beyond the "safe" range of Table
7, United States Bureau of Mines Bulletin No. 442, entitled "Seismic
Effects of Quarry Blasting," or its successor publication. The methods
and equations of said publication shall be used to compute all values
for the enforcement of this subsection.
E.
Odors. No use shall emit odorous gas or other odorous matter in such
quantities as to be offensive at any point on or beyond the lot lines.
The guide for determining such quantities shall be the 50% response
level of Table I (Odor Thresholds in Air), Research on Chemical Odors:
Part I — Odor Thresholds for 53 Commercial Chemicals, October
1, 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
F.
Smoke, ash, dust, fumes, vapors and gases. There shall be no emission
at any point for longer than five minutes in any hour of visible gray
or other color smoke, ash, dust, fumes, vapors or gases with a shade
darker than No. 3 on the Standard Ringelmann Chart issued by the U.S.
Bureau of Mines; nor shall there be any emission, at any point, from
any source, that can cause damage to health, to animals or vegetation
or to other forms of property or which can cause excessive soiling
at any point.
G.
Glare. All lighting devices shall be designed with shields, reflectors
or refractor panels that direct and cutoff light at a cutoff angle
that is less than 60°. (See illustration of cutoff angle in Appendix
B.[1]) In no case shall there be spillover lighting on any adjacent
residential property in excess of 0.2 footcandle.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
H.
Erosion. No runoff of water or erosion of land by wind or water shall
be permitted onto adjacent properties. Measures satisfactory to the
Township shall be installed to control runoff and/or erosion.
I.
Water pollution. Water quality shall be subject to the standards
established by the Pennsylvania Department of Environmental Protection
(PA DEP).
J.
Determination of compliance with performance standards. During the
review of an application for zoning approval, the applicant may be
required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Township may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues and the Township may seek advice from a qualified
technical expert. All costs of the expert's review and report
shall be paid by the applicant. A negative report by the technical
expert and the applicant's refusal or inability to make alterations
to ensure compliance with this section shall be a basis for denying
approval of the application.
K.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation of the
performance standards and, subject to the approval of the Board of
Supervisors, may employ qualified technical experts to assist in the
determination of a violation. Costs of the services of such experts
shall be paid by the owner or operator of the facility or use accused
of the violation if the facility or use is found to be in violation.
If the facility or use is found to be in compliance with the performance
standards, said costs shall be borne by the Township.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 350-138 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the certificate of zoning compliance for the facility or use.
A.
Buffer areas described. Buffer areas, as defined by this chapter and required by Subsection B, shall meet all of the following criteria. (See Appendix C for illustrations of buffer areas.[1])
(1)
Buffer Area "A" shall be 35 feet in depth as measured from the property
line and shall contain two rows of plantings. Each row shall consist
of a mixture of 30% deciduous and 70% evergreen plantings spaced within
the row a minimum of 15 feet apart, measured from the vertical center
lines of adjacent trees. The two rows shall be staggered in a manner
which shall result in adjacent trees on two different rows being no
more than 10 feet apart, measured from the vertical center lines of
the trees. The row of plantings shall be supplemented by a landscaped
earthen berm or earthen mound at least three feet in height planted
with grass or ground cover and a row of evergreen hedges or shrubs
to provide a visual screen in locations where parking is located within
100 feet of the required buffer area.
(2)
Buffer Area "B" shall be 25 feet in depth as measured from the property
line and shall contain one row of plantings that shall consist of
a mixture of 30% deciduous and 70% evergreen spaced within the row
a minimum of 10 feet apart, measured from the vertical center lines
of adjacent trees. The row of plantings shall be supplemented by a
landscaped earthen berm or earthen mound at least three feet in height
planted with grass or ground cover and a row of evergreen hedges or
shrubs to provide a visual screen in locations where parking is located
within 100 feet of the required buffer area.
(3)
Buffer Area "C" shall be comprised of a continuous, compact evergreen
hedge or line of evergreen trees that will grow together when mature
and that are a minimum of six feet in height at the time of planting.
The depth of Buffer Area "C" shall be 15 feet as measured from the
property line.
(4)
None of the required plantings shall encroach across any property
line. All plantings shall be located so that, at maturity, all parts
of the tree shall be a minimum of 2 1/2 feet from any public
street right-of-way or any property line that constitutes the exterior
boundary of the buffer area.
(5)
In the event that existing vegetation and/or existing topography
provides screening that is adequate to meet the intent of the required
buffer area to screen the buildings, activities and parking areas
from adjoining residential properties, the Board of Supervisors, upon
recommendation by the Planning Commission, may determine that the
existing topography and/or vegetation constitutes all or part of the
required buffer area. If such a determination is made, the applicant
may be required to record a conservation easement of the depth specified
by the Board of Supervisors to guarantee that the existing topography
and/or vegetation will not be disturbed or removed from the approved
buffer area.
(6)
When there are substantial differences in elevation between the first
floor elevation of the proposed construction and the elevation of
the property line along which the buffer area is required, the buffer
area may be relocated to the top of the slope or the toe of the slope,
whichever provides the more effective visual screen.
(7)
In the event that a public street right-of-way dedicated and accepted
by the Township separates the two dissimilar uses specified, the buffer
area shall not be required.
(8)
In the case of a lot that is deeper than 400 feet, the requirement
to provide the buffer area along the entire perimeter of the lot may
be waived by the Township Supervisors, provided the required buffer
area is installed along the side property lines and across the rear
yard for a distance sufficient to screen the buildings and parking
areas from adjacent properties.
(9)
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 350-97D of this chapter. (See Appendix A.[2])
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(10)
No structures or uses shall be permitted in the required buffer
area, other than fences, active or passive recreation facilities and
stormwater management facilities, provided the structures or uses
do not interfere with the required plantings in the buffer area and
provided all plantings are located outside any stormwater management
structure. Structures or uses not permitted within the required buffer
area include, but are not limited to: buildings, accessory structures,
parking spaces, access drives and lighting devices.
(11)
When common open space is provided on a development site, the
required buffer area shall be located within the common open space
and shall not be located on any individual residential lot.
[1]
Editor's Note: Appendix C is included at the end of this chapter.
B.
Buffer areas required. Buffer Areas "A," "B" and "C" listed in Subsection A above shall be required under the following circumstances:
(1)
Buffer Area "A." Buffer Area "A" shall be required:
(a)
Along all property lines where any development in the C-2, C-3
or I-1 District adjoins property in an R-A, R-1, R-2 or R-3 District.
(b)
Where the express standards and criteria for a conditional use or use by special exception in § 350-93 of this chapter specify that Buffer Area "A" is required.
(c)
Along all property lines where a planned residential development
(PRD) adjoins property in an R-A, R-1, R-2 or R-3 District.
(d)
Along all property lines where any development in the CC District
adjoins property in an R-A, R-1 or R-2 District.
(2)
Buffer Area "B." Buffer Area "B" shall be required:
(a)
Along all property lines where any development in the C-1 District
adjoins property in an R-A, R-1, R-2 or R-3 District.
(b)
Along all property lines where the expansion of a legal nonconforming
use in any zoning district adjoins property in an R-A, R-1, R-2 or
R-3 District.
(c)
Where the express standards and criteria for a conditional use or use by special exception in § 350-93 of this chapter specify that Buffer Area "B" is required.
(d)
Along all property lines where any development in the CC District
adjoins property in an R-3 District.
(3)
Buffer Area "C." Buffer Area "C" shall be required:
(a)
Where the express standards and criteria for a conditional use or use by special exception in § 350-93 of this chapter specify that Buffer Area "C" is required.
(b)
On developed nonresidential properties in the C-1, C-2, C-3
or I-1 District where existing conditions such as building location
and existing paving of the parking lot make it impossible to meet
the requirements for Buffer Area "B" along a property line that adjoins
property in the R-A, R-1, R-2 or R-3 District.
D.
Existing structures in buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure that encroaches on the required buffer area. The required buffer area, as determined by Subsection B, shall apply on all other sides of the existing structure.
E.
Existing trees in buffer areas.
(1)
Where trees already exist within the required buffer area, these
trees shall remain undisturbed, except that diseased or dead material
may be removed. If it is determined that some healthy trees must be
removed in conjunction with development, a written request to remove
such trees must be submitted to the Township, along with an explanation
detailing the rationale for the request. These trees shall not be
removed until the Township has given written authorization permitting
said removal. This permission will not be unreasonably denied; however,
those who violate this section shall be subject to the maximum penalties
authorized by this chapter.
(2)
When any trees, regardless of their physical condition, are removed,
they shall be replaced by trees suitable to the environment. (See
Appendix D for a suggested list of plant materials.[3]) All such replacement planting shall be in accordance
with accepted conservation practices.
[3]
Editor's Note: Appendix D is included at the end of this chapter.
F.
Size of trees in required buffer areas.
(1)
Any existing trees within the required buffer area that are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the description of the required buffer area in Subsection A.
(2)
All trees required to be planted within the buffer area shall be
a minimum of two inches in diameter at a point one foot above the
ground measured along the trunk of the planted tree which tree shall
be planted in accordance with accepted conservation practices. All
required trees shall be a minimum of six feet in height at time of
planting measured from the ground adjacent to the planted tree to
the top of the tree.
G.
Responsibility for maintenance. It shall be the responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. The landowner shall record a restrictive covenant on the land guaranteeing perpetual maintenance and preservation of the required buffer area. Upon inspection by the Township and issuance of and enforcement notice in accordance with § 350-138B of this chapter, the landowner or lessee shall replace required landscaping materials with like type and size if the required plant materials do not survive for any reason at any time after occupancy of the property.
H.
Stormwater management facilities in buffer areas. Stormwater management
facilities and structures may be maintained within a buffer area,
but the existence of such facilities or structures shall not be a
basis for a failure to meet the planting requirements.
I.
Landscaping of open areas. All yard areas not utilized for parking
facilities, driveways, gardens, the planting of trees or shrubs, flower,
vegetable or herb beds or similar uses shall be seeded, sodded or
landscaped within a reasonable period of time. The phrase "a reasonable
period of time" shall be interpreted to be within two weeks after
construction activities are completed, unless those activities are
completed between a November 1 through April 1 time period. In such
case, the required sodding or seeding shall occur by May 1. Erosion
and sedimentation controls acceptable to the Township Engineer shall
be installed during the winter months and until such landscaping is
completed.
J.
Additional landscaping specifications. Landscaping shall be provided
in accordance with the following specifications:
(1)
Planting required in buffer areas as outlined in Subsection B shall not be substituted for any required planting mandated in this section.
(2)
Plant materials shall be selected from the List of Suggested Plant
Materials in Appendix D[4] or equivalent materials.
[4]
Editor's Note: Appendix D is included at the end of this chapter.
(3)
The landscaping plan required by Chapter 292, Subdivision and Land Development, shall contain the following information to demonstrate compliance with this § 350-96:
(a)
All required buffer areas with proposed plantings (identifying
each proposed tree, bush or shrub) drawn to scale and identifying
the height and width of any proposed mounds.
(b)
All required planting independent of any buffer area requirements
(identifying each tree, bush, shrub, the use of sod or seeding, etc.)
drawn to scale.
(d)
Any existing trees or vegetation that are to be preserved, accurately
identifying their relative location.
(e)
Any existing trees or vegetation that will be removed, accurately
identifying their relative location.
(4)
Parking areas shall be landscaped in accordance with the requirements of § 350-109J of this chapter.
(5)
In any nonresidential development, deciduous trees shall be planted
in accordance with the following schedule.
(a)
These trees shall be in addition to the trees provided in any
required buffer area or parking area:
Building Footprint
(square feet)
|
Requirement
| |
---|---|---|
1,000 to 30,000
|
1 tree for each 1,000 square feet of building footprint
| |
30,001 to 75,000
|
A minimum of 30 trees, plus 1 tree for each 3,000 square feet
of building footprint in excess of 30,000 square feet
| |
Over 75,000
|
A minimum of 45 trees, plus 1 tree for each 5,000 square feet
of building footprint over 75,000 square feet
|
(b)
The required trees shall be planted in clusters on the site
and shall be distributed throughout the site to enhance the open space
on the site. The final location of the plantings shall be subject
to approval by the Township depending on the size of the site, the
magnitude of the required buffer area and the amount of paving and
building coverage proposed.
(6)
In any development that contains multifamily dwellings, deciduous
trees shall be planted in accordance with the following schedule.
(a)
These trees shall be in addition to the trees provided in any
required buffer area or parking area:
Number of Multifamily Dwellings
|
Required Trees
| |
---|---|---|
First 25 dwelling units
|
1 tree for each dwelling unit
| |
26 to 100 dwelling units
|
25 trees, plus 1 tree for each 2 dwelling units in excess of
25 dwelling units
| |
101 to 200 dwelling units
|
62 trees, plus 1 tree for each 3 dwelling units in excess of
100 dwelling units
| |
201 or more dwelling units
|
95 trees, plus 1 tree for each 4 dwelling units in excess of
200 dwelling units
|
(b)
The required trees shall be planted as front yard trees or may
be clustered in groups around the multifamily dwelling units and shall
not be located within any public street right-of-way.
(7)
All trees that are required to be planted as per the regulations of this Subsection J shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
(8)
In conjunction with the development of property for any use, the
applicant shall show that the removal of any trees or natural vegetation
is necessary for the imminent and orderly development of the property.
"Imminent development" shall mean development that is reasonably expected
to commence, and for which there are realistic plans to commence,
on a minimum eight-hours-per-day, forty-hours-per-week basis (utilizing
a five-day-on, two-day-off, standard-work-week basis) within 30 days
of the removal of trees or vegetation and for which a land development
plan and landscaping plan have been submitted and approved by the
Township.
(9)
Any existing trees that are not disturbed and are not located within
a required buffer area and are a minimum of four inches in diameter
at a point one foot above the ground shall count towards the required
number of trees to be planted outside of the buffer area.
K.
Posting of bond for landscaping. A maintenance bond in the form of
cash, certified check or letter of credit shall be posted with the
Township in the amount of 15% of the total cost of landscaping shown
on the approved landscaping plan for a period of 18 months from the
date of installation of the landscaping materials. The maintenance
bond shall guarantee replacement of the required landscaping materials
during the term of the bond.
In addition to the yard requirements specified in each zoning
district, the following yard requirements shall apply in all zoning
districts to the applicable circumstances described below:
A.
Corner lots. Corner lots shall provide front yards on each street
frontage. The remaining two yards shall constitute side yards.
C.
Accessory structures. In all zoning districts, the following regulations
shall apply to accessory structures:
(1)
Private swimming pools and associated decks and patios accessory
to a dwelling.
(a)
Swimming pools accessory to a dwelling shall be located at least
15 feet from the rear property line. Swimming pools accessory to a
dwelling shall not be permitted in the minimum required front yard
or in the minimum required side yard.
(b)
All swimming pools shall be enclosed by a continuous fence or
wall not less than four feet in height with a self-closing, self-latching
gate designed to prevent access to the pool when it is not in use.
The dwelling may be part of the enclosure.
(c)
In the case of an aboveground pool, when any point on the top
circumference of the pool is less than four feet above the adjacent
ground level, the entire pool shall be enclosed by a continuous fence
or wall not less than four feet in height with a self-closing, self-latching
gate. Any aboveground pool that is at least four feet above the adjacent
ground level around the entire top circumference of the pool shall
not be required to be fenced, provided the pool has a retractable
ladder or steps that are kept retracted when the pool is not in use.
(2)
Private sports courts accessory to a dwelling. Sports courts accessory
to a dwelling shall be located only in a side or rear yard and shall
be no closer to the side or rear property line than 15 feet. Lighting
of the sports court shall not be permitted. All sports courts shall
be enclosed by a fence that is a minimum of 10 feet in height and
a maximum of 12 feet in height and that shall contain openings equal
to 50% or more of the surface area of the fence. The area of the sports
court shall not exceed 50% of the total area of the lot defined by
the side lot lines, rear lot line and rear wall of the dwelling.
(3)
Fences.
(a)
No fence in any zoning district shall be constructed in any
public street right-of-way. Fences in any zoning district that are
accessory to a single-family dwelling shall be installed so that the
finished side faces the adjoining property.
(b)
In the R-1, R-2, R-3 and R-4 Districts, all fences shall have
openings that comprise at least 25% of the total surface area of the
fence, such as board fences, picket fences, chain-link fences and
the like.
(c)
In the R-1, R-2, R-3 and R-4 Districts, fences that have openings
that comprise at least 25% of the surface area of the fence may be
erected in the minimum required side or rear yard, provided the maximum
height of the fence shall not exceed six feet.
(d)
In the R-1, R-2, R-3 and R-4 Zoning Districts, fences may be
permitted in the minimum required front yard, provided the maximum
height of the fence shall not exceed four feet.
(e)
In the P Public and C Commercial Districts, the maximum height
of a security fence shall be eight feet. Solid screening fences shall
be permitted as otherwise provided for by this chapter to screen dumpsters,
loading berths and outside storage areas.
(f)
In the I Industrial District, the maximum height of a fence
or wall shall be 10 feet. Solid screening fences shall be permitted
as otherwise provided for by this chapter to screen dumpsters, loading
berths and outside storage areas.
(4)
Fences and landscaping adjacent to streets. All fences, buffer areas or other landscaping material shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties and shall comply with the clear sight triangle required by § 350-97D.
(5)
Satellite dish antennas. Satellite dish antennas, for personal use
by private citizens, not including communications antennas, as defined
by this chapter, shall be permitted as an accessory use subject to
the following requirements:
(a)
Satellite dish antennas that have a diameter of one meter or
less shall be exempted from these regulations.
(b)
In the case of satellite dish antennas greater than one meter
in diameter, only one satellite dish antenna shall be permitted on
a residential lot. In all zoning districts, satellite dish antennas
shall not be permitted in front yards. In the R-A, R-1, R-2 or R-3
Zoning Districts, the maximum diameter of any satellite dish antenna
installed on any lot or on any roof or above any building shall be
12 feet.
(c)
In zoning districts other than an R-A, R-1, R-2 or R-3 District,
any satellite dish antenna greater than one meter in diameter that
is installed on any lot or on any roof or above any building shall
not exceed 20 feet in diameter. In all zoning districts, the maximum
height of any freestanding satellite dish antenna shall be 25 feet
and, in the case of satellite dish antennas mounted on a roof or above
a building, the maximum height shall be no greater than 25 feet above
the highest point on the roof.
(d)
In all zoning districts, no part of any satellite dish antenna
shall be located closer than 10 feet to any property line.
(6)
Radio or television antennas. A radio or television antenna for personal
use by private citizens shall be permitted as an accessory use, subject
to the following requirements, except as these provisions may be superseded
by any applicable Federal Communications Commission (FCC) ruling:
(a)
A radio or television antenna structure may be mounted on a
roof or installed in a rear yard only, provided that no such structure
shall be located within 20 feet of any property line.
(b)
The maximum height for such structure shall not exceed that
otherwise allowed in the zoning district in which it is located by
more than 20 feet. If placed on a roof, any antenna structure exceeding
eight feet in height shall be mounted with guyed wires.
(c)
Any such structure shall comply with applicable Airport Zoning
and Federal Communications Commission (FCC) regulations.
(d)
Radio or television antenna structures located on the ground
shall be screened from adjacent properties by evergreen trees or other
suitable material, as approved by the Township.
(7)
Canopies and similar structures. Canopies and similar permanent freestanding
roofed structures without walls shall be permitted to cover outdoor
seasonal display and sales areas or fuel-dispensing areas accessory
to authorized uses in the C-1, C-2 and C-3 Commercial Districts, provided
that:
(a)
Such structure shall not be attached to the principal building;
(b)
Such structure shall be located at least 10 feet from any property
line or street right-of-way;
(c)
Such structure shall not be enclosed; and
(d)
Such structure shall be removed immediately, once the principal
use or the use of the accessory structure is discontinued.
(8)
Residential accessory storage structures and detached garages.
(a)
No detached garage or storage structure accessory to a dwelling
shall be located in the minimum required front yard. Detached garages
and storage structures accessory to a dwelling shall be located at
least 10 feet from any side or rear property line if the floor area
of the structure is 500 square feet or less. If the floor area of
the structure is more than 500 square feet, the structure shall be
located at least 15 feet from any side or rear yard.
(b)
In the R-1, R-2 and R-3 Districts, the maximum floor area of
any detached garage or residential accessory storage structure shall
be related to the size of the residential lot, in accordance with
the following:
Size of Lot
(square feet)
|
Maximum Floor Area of Accessory Structure
(square feet)
| |
---|---|---|
Up to 21,780
|
500
| |
21,780 to 43,560
|
1,000
| |
Over 43,560
|
1,500
|
(9)
Structures accessory to nonresidential structures and buildings.
(10)
Distance from principal buildings. All accessory storage structures
and garages shall be located at least 10 feet from any principal building,
except that if a detached garage accessory to a dwelling is connected
to the dwelling by contiguous side walls, breezeways or similar connections,
the distance between the dwelling and the connected garage may be
less than 10 feet.
D.
Visibility at intersections. No object, including, without limitation,
fences, landscaping rocks, hedges, trees and other plantings, buildings,
structures, walls, signs and motor vehicles, exceeding a height of
three feet as measured from the lowest elevation of the center line
of any abutting street, shall be temporarily or permanently placed,
erected, installed or parked within the clear sight triangle required
at the intersection of two streets or the intersection of a driveway
or private lane with a public street. The required clear sight triangle
is illustrated in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
The following shall be permitted to project into any required
yard in any zoning district:
A.
Typical architectural features of the principal structure, including,
but not limited to: bay windows, windowsills, chimneys, cornices and
eaves, shall be permitted to project into required yards no more than
18 inches.
B.
Decks and their stairs, stoops and unenclosed porches without enclosed
habitable foundation or space and without a roof or walls shall be
permitted to project into required front, side and rear yards no more
than three feet. Porches that have a roof or walls or that are enclosed
or have enclosed habitable foundations shall be subject to the yard
requirements for the principal structure.
C.
Steps attached to the principal building and open fire escapes shall
be permitted to project into required yards no more than three feet.
The height limitations of this chapter shall not apply to the
following structures, provided they do not exceed the height limitations
of the district by more than 15 feet: church spires, chimneys, elevator
bulkheads and other mechanical equipment that is part of the principal
structure, conveyors, flagpoles, silos, standpipes, elevated water
tanks, derricks, public utility structures and other structures not
intended for human habitation. The foregoing exceptions shall not
apply to communications towers, communications antennas and their
facilities.
All businesses that propose drive-through facilities, as defined
by this chapter, as accessory uses or principal uses shall meet all
of the following requirements:
A.
Drive-through facilities proposed on parcels within a planned shopping
center shall have access only from the interior circulation system
within the planned shopping center site. All other properties shall
have frontage on and direct vehicular access to an arterial or collector
street, as defined by this chapter.
B.
In addition to the parking spaces required for the principal use,
a minimum of five standing spaces, in one lane, with a total length
of 100 feet, in direct line with each service position, shall be provided
for vehicles to wait in line. The standing space shall not interfere
with the use of any required parking spaces and shall not inhibit
the free flow of traffic on the property. The standing spaces shall
be designed so that waiting vehicles shall not stand in any right-of-way
or overflow onto adjacent properties, streets or berms.
C.
Entrances, exits and standing spaces shall be adequately indicated
with pavement markings and/or directional signs.
D.
Parking areas and circulation patterns shall be adequately striped
and marked to facilitate traffic circulation on the property.
Temporary construction trailers, model homes or sales offices
shall be permitted in any zoning district subject to the following
conditions:
A.
Temporary construction trailers shall be permitted only during the
period that the construction work is in progress under a valid building
permit, under Township approval to install public improvements, during
road or bridge construction or other public works projects or during
the installation of public utilities. The temporary construction trailer
shall be removed upon completion of the construction authorized under
a building permit or upon completion of the installation of the public
improvements in a plan of subdivision. In the event that construction
is phased, the temporary construction trailer shall be moved from
the completed phase to the next phase when 90% of the required improvements
in the completed phase have been installed as determined by the Township
Engineer, provided a valid grading permit or building permit has been
issued for the next phase.
B.
Model homes or sales offices shall be permitted only until 90% of
the lots or dwelling units in the development are sold. In the case
of a phased development, the use of a model home or sales office shall
be permitted to continue only if the subsequent phase is initiated
within six months of the completion of 90% of the lots or dwelling
units in the prior phase.
C.
A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer in accordance with the requirements of § 350-142 of this chapter prior to the commencement of construction and shall be renewed every six months, if necessary, until the project is completed.
D.
Temporary construction trailers that are located on the lot or development site on which the construction is progressing shall not be located within 25 feet of any property line adjoining property in an R-A, R-1, R-2 or R-3 District. All other temporary construction trailers that are located within a public right-of-way or on private property adjacent to a public right-of-way shall comply with the clear sight triangle requirements of § 350-97D and shall be subject to the granting of permission from the owner of the property or the right-of-way.
E.
Temporary construction trailers shall be used only as temporary field
offices and for storage of incidental equipment and supplies and shall
not be used for any dwelling use whatsoever.
F.
No signs or other advertising materials for the project shall be
attached to the temporary construction trailer; however, the name
of the construction company may appear on the trailer.
G.
"Class 3" materials, as classified by the National Fire Prevention
Association (NFPA), shall not be stored in temporary construction
trailers.
H.
Model homes shall be located on a separate lot and shall meet all
the requirements for permanent dwellings in the zoning district in
which they are located. Sales offices may be located in a model home
or may be located in a trailer located on a vacant lot in the plan
or on the site of construction. If the sales office is located in
a trailer, the trailer shall not be located within 25 feet of any
property line. No signs or other advertising information shall be
located on the outside of the trailer or sales office.
I.
Model homes or sales offices located in a trailer shall not be utilized
for any dwelling use whatsoever during the time they are approved
as a temporary use or structure in accordance with the provisions
of this section.
J.
Model homes or sales offices shall be used primarily for sales associated
with the development in which they are located and shall not be used
as the only place of business for the listing realtor.
K.
Model homes or sales offices shall meet all applicable Uniform Construction
Code (UCC) and ADA (Americans with Disabilities Act) requirements.
In the R-A District, agriculture, as defined herein, conducted
on a farm and related activities conducted on a farm or on other properties,
when authorized by this chapter, including pet grooming, boarding
stables, commercial greenhouses, riding academies, kennels, private
stables and specialized animal raising, shall be subject to the following
requirements:
A.
Storage of manure, odor- or dust-producing substances shall be located
at least 200 feet from any property line.
B.
Any stable or other building used for the sheltering, keeping, raising
or feeding of horses, livestock and poultry shall be located at least
200 feet from any property line on properties of 10 acres or more.
Such buildings shall be located at least 75 feet from any property
line on properties having at least five acres, but less than 10 acres.
C.
A commercial greenhouse heating plant shall be at least 100 feet
from any property line.
D.
All grazing and pasture areas shall be adequately fenced to properly
enclose the animals and to protect adjacent property.
E.
Private stables on properties of five acres or more, but less than
10 acres, shall be accessory to the stable owner's dwelling.
F.
The number of horses maintained in a private stable shall be limited
to one animal for the first five acres, plus one animal for each additional
acre or portion thereof up to 10 acres, not to exceed a total of six
horses. There shall be no limit on the number of horses on properties
of 10 acres or more.
H.
Agricultural sales, as defined herein, shall be permitted accessory
to a farm, as defined herein, in the R-A District only, subject to
the following regulations:
(1)
All sales shall be conducted on the premises of a farm, as defined
and regulated by this chapter.
(2)
Products sold shall include only products raised, grown or produced
on the farm.
(3)
All permanent structures shall comply with the yard requirements
for principal structures in the district in which the property is
located.
(4)
Seasonal roadside stands shall be located no closer than 15
feet to any street right-of-way or property line, and shall be removed
at the end of each growing season.
(5)
Buildings used for retail sales of agricultural products shall
not exceed 1,000 square feet of sales floor area for every 10 acres
of land farmed. No building used for agricultural products shall exceed
5,000 square feet in sales area.
(7)
Off-street parking for seasonal roadside stands shall be designed in accordance with § 350-109; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
(8)
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 350-110 for retail businesses; however, in no case shall less than five spaces be provided.
(9)
Adequate ingress, egress and traffic circulation shall be provided
so that vehicles do not back onto the street right-of-way and do not
park or stand on any street or berm.
I.
Seasonal activities such as hay rides, spring and fall festivals and similar activities related to the farm shall be subject to all applicable requirements of § 350-142 for temporary uses, provided adequate parking is provided in a temporary parking area based on the ratio specified in § 350-110C for "all other uses."
A.
Outdoor storage in commercial and industrial districts.
(1)
In the C-1, C-2, and C-3 Commercial Districts, storage of materials
outside a completely enclosed structure shall not be permitted, except
for convenience stores, vehicle sales, nurseries, garden supply, building
supply, custom crafting and similar businesses that require outside
storage of products offered for sale. In the case of nurseries, garden
supply, building supply, custom crafting and similar businesses, outside
storage areas larger than 1,000 square feet shall be completely enclosed
by a security fence and shall be screened by an opaque fence or hedge
that is at least six feet in height.
(2)
In the I-1 Industrial District, any material or equipment stored
outside an enclosed building shall be incidental to the principal
use of the lot and shall be stored to the rear of the building or
an alternative location that screens the storage area from public
view from the street or adjacent residential property located at similar
elevations within 500 feet of the property. If existing buildings
do not screen the storage area from public view from the street or
adjacent residential property located at similar elevations within
500 feet of the property, the area shall be screened by a hedge or
opaque fence at least eight feet in height.
B.
Refuse collection and waste disposal. In all districts, all organic
rubbish and discarded materials shall be placed in tight verminproof
containers on the property and shall be secured in side or rear yards
screened from public view by means of a solid-face fence or wall at
least six feet in height. Containers shall be emptied once a week.
On properties where food is served in paper containers, covered waste
receptacles shall be conspicuously located on the premises for use
by patrons. The management shall be responsible for maintaining the
property free of litter. All nonresidential uses shall provide trash
receptacles that are completely enclosed by a screening fence secured
by a self-latching gate.
C.
Storage of recreational vehicles. The parking or storage of recreational
vehicles shall not be permitted in any front yard in any R-1, R-2
or R-3 District. Recreational vehicles with a current license or registration
and a valid inspection sticker may be parked or stored in the side
or rear yard of property in any R-1, R-2 or R-3 District. At no time
shall any parked or stored recreational vehicle be occupied or used
as a dwelling.
D.
Parking of commercial vehicles and equipment. Commercial vehicles
and equipment, including trucks in excess of one-ton capacity, tandems,
tractor-trailers, tractors or other commercial or construction or
cargo-moving vehicles or equipment shall not, under any conditions,
be stored outside a completely enclosed building or parked outside
overnight between the hours of 10:00 p.m. and 7:00 a.m. in any R-1,
R-2 or R-3 District, other than on construction sites for an approved
subdivision or land development, on sites for which a valid grading
permit, zoning permit or building permit is in effect; or on farms
that are being used for agriculture, as defined by this chapter.
E.
Aboveground or below-ground storage tanks.
(1)
All aboveground and below-ground storage tanks shall comply
with Title 25, Chapter 245, Administration of the Storage Tank and
Spill Prevention Program, regulations of the Pennsylvania Department
of Environmental Protection (PA DEP).
(2)
Aboveground water storage tanks shall be exempt from the height
regulations of this chapter, provided they are set back from all property
lines a distance equal to the height of the storage tank.
(3)
All other aboveground storage tanks shall not exceed 10 feet
in height and shall be set back from all property lines at least 10
feet.
(4)
Below-ground storage tanks shall be located at least five feet
from all property lines.
Forestry, as defined herein, shall be conducted in accordance
with the following provisions. Proof of compliance with all requirements
shall be submitted with the application for a zoning certificate.
A.
All operations shall be located at least 300 feet from any existing
dwelling.
B.
All operations shall be discontinued between 7:00 p.m. and 7:00 a.m.,
provided further that such operations shall not take place during
any hours on Sundays or legal government holidays.
C.
Routes to be used by the hauling trucks shall be approved by the
Township and the operator shall demonstrate that there shall be no
negative impact on Township roads from the proposed operation.
D.
The operator shall provide the Township with a copy of a videotape
of the condition of all roads to be utilized in the forestry operation
prior to commencing operations.
E.
A performance bond shall be posted in favor of and in the amount
required by the Township to guarantee restoration of Township roads
used as hauling routes.
F.
The operator shall be responsible for cleaning dirt and debris from
public streets daily during the operation.
G.
The applicant shall submit a copy of the state and/or county permit
for hauling on state and/or county roads.
H.
The applicant shall supply the Township with the name of an on-site
contact person.
I.
J.
A logging plan prepared and sealed by a registered surveyor or engineer
shall be submitted that shows, at a minimum:
(1)
The design, construction, maintenance and retirement of the
access system, including haul roads, skid roads, skid trails and landings;
(2)
The design, construction and maintenance of water-control measures
and structures such as culverts, broad-based dips, filter strips and
water bars;
(3)
The design, construction and maintenance of stream and wetland
crossings, if any;
(4)
The general boundaries of the proposed operation in relation
to Township and state or county roads, including any accesses to those
roads;
(5)
The site location, including boundaries of the property and
boundaries of the proposed harvest area;
(6)
Significant topographic features;
(7)
The location of all earth-disturbance activities, such as roads,
landings and water control measures and structures; and
(8)
The location of all crossings of waters of the commonwealth.
K.
Felling or skidding on or across any public street is prohibited
without the express written consent of the Township, Westmoreland
County or the Pennsylvania Department of Transportation (PennDOT),
whichever is responsible for maintenance of the street.
L.
No remnants of trees or debris shall be left within 25 feet of any
public street or any private road providing access to adjoining residential
property during the operation.
M.
All remnants of trees, stumps and debris within 50 feet of a public
street or residential property line shall be cut to a maximum of four
feet above the adjacent ground level following completion of the forestry
operation.
N.
No remnants of trees or debris shall be left on any adjoining property
or across any property line without the consent of the adjoining owner
during the operation.
O.
Upon completion of the forestry operation, haul roads shall be restored
to their original condition.
All no-impact home-based businesses, as defined herein, shall
comply with the following:
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including,
but not limited to: parking, signs or lights.
E.
No on-site parking of commercially identified vehicles shall be permitted.
F.
The business activity shall not use any equipment or process that
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
that is detectable in the neighborhood.
G.
The business activity shall not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling
and shall not occupy more than 25% of the habitable floor area of
the dwelling.
I.
The business shall not involve any illegal activity.
J.
The business shall register annually in January of each year with
the Zoning Officer or his or her designated representative to demonstrate
continuing compliance with these regulations.
All communications antennas, as defined herein, shall be subject
to the following:
A.
Building-mounted antennas shall not be permitted on any dwelling.
B.
The applicant shall demonstrate that the electromagnetic fields associated
with the proposed antennas comply with safety standards now or hereafter
established by the Federal Communications Commission (FCC).
C.
The applicant shall demonstrate compliance with all applicable Federal
Aviation Administration (FAA) and any applicable airport zoning regulations.
D.
Building-mounted antennas shall be permitted to exceed the height
limitations of the district by no more than 20 feet. Antennas mounted
on an existing public utility or transmission structure shall not
project more than 20 feet above the height of the structure.
E.
Omnidirectional or whip antennas shall not exceed 20 feet in height
or seven inches in diameter.
F.
Directional or panel antennas shall not exceed five feet in height
or two feet in width.
G.
Satellite and microwave dish antennas mounted on the roof of a building
shall not exceed six feet in diameter.
H.
Satellite and microwave dish antennas mounted on an existing public
utility storage or transmission structure shall not exceed two feet
in diameter.
I.
The height and location of the proposed antennas shall be designed
so that, in the event of collapse, the antennas will fall within the
boundaries of the property on which they are to be located.
J.
The applicant proposing a building-mounted antenna shall submit evidence
from a structural engineer certifying that the proposed installation
will not exceed the structural capacity of the building considering
wind and other loads associated with the antenna's location.
K.
Evidence of lease agreements and easements necessary to provide access
to the building or structure for installation and maintenance of the
antennas and placement of the equipment cabinet or equipment building
shall be provided to the Township.
L.
The placement of the equipment cabinet or equipment building shall
not obstruct the free flow of traffic on the site, shall not reduce
any parking required or available for other uses on the site and shall
not obstruct any right-of-way or easement without the permission of
the owner or grantor of the right-of-way or easement.
M.
Unless located within a secured building, the equipment cabinet or
equipment building shall be fenced by a ten-foot high chain-link security
fence with locking gate. If the equipment cabinet or equipment building
is visible from any public street or adjoining property in an R-A,
R-1, R-2 or R-3 District, the equipment cabinet or equipment building
shall be screened by a minimum six-foot-high compact evergreen hedge.
N.
If vehicular access to the equipment cabinet or equipment building
is not provided from a public street or paved driveway or parking
area, an easement or right-of-way shall be provided that has a minimum
width of 20 feet and that shall be improved with a dust-free all-weather
surface for its entire length.
O.
At least one off-street parking space shall be provided on the site
within a reasonable walking distance of the equipment cabinet or equipment
building to facilitate periodic visits by maintenance workers.
All oil and gas well operations, as defined herein, shall be
subject to the following regulations:
A.
All activities conducted in association with, and as a part of, oil
and gas wells shall be in accordance with the Commonwealth of Pennsylvania
Oil and Gas Act (Act 1984-223), as amended,[1] and any other applicable federal, state, county and Township
statutes.
[1]
Editor's Note: See 58 P.S. § 601.101 et seq.
B.
Permits issued by other agencies and authorities.
(1)
The applicant shall have obtained from appropriate state and
other applicable regulatory agencies or authorities permits issued
in accordance with all applicable laws and regulations for the proposed
use. In the event such permits have not been issued at the time Township
conditional use approval is requested, applicant's zoning approval
shall be expressly conditioned on the granting of necessary permits
as required by the above agencies or authorities.
(2)
At the time of making application to such authorities, the applicant
shall file with the Township Secretary or his/her authorized designee
a copy of each state or federal application with supporting documentation
for the proposed use.
C.
The applicant shall provide a description of plans for the transportation
of materials and equipment to construct the facility, and measures
that will be taken to maintain all roads within the Township that
are used to transport materials and equipment, and to repair any damages
to the roads that may occur as a result.
D.
Any material stored outside an enclosed structure being used as an
incidental part of the primary operation shall be screened by opaque
ornamental fencing, walls or evergreen plant material in order to
minimize visibility if the storage area is readily visible from adjoining
occupied residential properties. Such materials shall not be deemed
to include operable vehicles.
F.
The applicant shall provide certification that a bond is held by
the Pennsylvania Department of Environmental Protection (PA DEP) to
ensure proper plugging when the well is classified as inactive by
the PA DEP.
G.
The applicant shall provide a schedule indicating the following dates:
(1)
Site preparation beginnings and endings.
(2)
Anticipated drilling activity beginnings and endings.
(3)
Anticipated completion (perforating) work to begin and end.
(4)
Anticipated stimulation (fracturing) work to begin and end.
(5)
Anticipated production work to begin and end.
(6)
Anticipated plugging date.
H.
Adequate security measures shall be proposed to protect wellheads
that are in a remote location.
I.
The access road to the well site shall be improved with a dust-free,
all-weather surface in such a manner that no water, sediment or debris
will be carried onto any public street.
J.
An off-street area for maintenance vehicles to stand while gaining
entrance to the access road shall be provided that does not disrupt
the normal flow of traffic on the public street.
K.
Roads.
[Added 7-21-2011 by Ord. No. 5-2011[2]]
(1)
Prior to any construction, the applicant shall provide a map
of the proposed routes of all trucks to be utilized for hauling to
and from the gas and oil well site, and shall minimize impact upon
Township roads whenever feasible. The Township reserves the right
to designate alternate routes in the event the applicant's proposed
routes are deemed inadequate, unsafe or overly disruptive to normal
vehicular traffic by the Township Engineer. The applicant shall also
show satisfactory evidence to the Township Engineer that intersections
along proposed hauling routes provide a sufficient turning radius
for trucks, such that all turns can be safely made without damage
to vehicles, sidewalks, curbs or surrounding property.
(2)
The applicant or operator shall post a bond or other financial
security in favor of the Township and in a form acceptable to the
Township and enter into Road Maintenance Agreement, prior to beginning
operations, regarding maintenance and repair of Township roads that
are to be used by vehicles for development activities. The applicant
shall conduct an inventory, analysis and evaluation of existing road
conditions on Township roads along the proposed transportation route
identified by the applicant, including photography and video. The
Township Road Maintenance Agreement will identify the responsibilities
of the applicant to prepare, maintain, and repair Township roads before,
during and immediately after drilling operations associated with the
gas resources development. The applicant shall take all necessary
corrective action and measures as directed by the Township pursuant
to the agreement to ensure the roadways are repaired and maintained
during and immediately after drilling operations associated with the
gas resources development.
(3)
In addition, should the Township Engineer reasonably determine
that preventative measures, such as shoring of bridges or putting
protective mats over utility lines, should be taken to prevent damage
to Township roads, bridges or utilities, then the applicant shall
install such protective measure as directed by the Township Engineer,
prior to beginning operations.
(4)
Upper Burrell Township declares that oil and gas development
is a conditional use in the R-A Agricultural Residential, P Public
and I Industrial Zoning Districts in the Township, subject to the
following conditions:
(a)
Where gas and oil resource development constitutes a land development
pursuant to the Township Code, all provisions of the applicable Township
ordinances shall apply, except as preempted by state or federal law.
The drilling pad, natural gas compressor stations or natural gas processing
plants shall comply with all setback and buffer requirements of the
zoning district in which they are located. Equipment and drilling
rigs shall be set back (a fall zone) from protected structures, property
lines, streets or buildings a distance of one and 1.5 foot for every
foot of height of equipment.
(b)
The applicant shall take the necessary safeguards to ensure
that the Township roads utilized remain free of dirt, mud and debris
resulting from development activities and/or shall ensure such roads
are promptly swept or cleaned if dirt, mud and debris occur. Beginning
with its intersection with a public street, any access road for the
development shall be at least 20 feet in width. The applicant shall
comply with Township Code regarding connecting driveways, roads, or
construction entrances to Township roads, and Township construction
standards. Operator shall take the necessary safeguards to ensure
appropriate dust control measures are in place. Accepted professional
standards pertaining to minimum traffic sight distances for all access
points shall be adhered to.
(c)
An off-street area within the development site for vehicles
to stand while gaining access to the gas well site shall be provided
so that the normal flow of traffic on the public street is undisturbed.
(d)
The applicant shall take all necessary precautions to ensure
the safety of persons in area established for road crossing and/or
adjacent to roadways. During periods of anticipated heavy or frequent
truck traffic associated with the development, the applicant will
coordinate with the Township to develop a safety plan which may include
flagmen to ensure the safety of motorists and pedestrians and take
measures that include adequate signs and/or other warning measures
for truck or vehicular traffic. Where traffic associated with the
development is in proximity of school bus stops, the operator will
coordinate with the Township and school district on a safety plan
to avoid truck traffic during peak school bus activity time periods,
which may include providing flagmen to ensure the safety of children
waiting or leaving school buses.
[2]
Editor's Note: This ordinance also provided the following:
Basic provisions.
A. The regulation of well sites herein will permit reasonable
access to a significant portion of the gas resources in the Township,
while protecting certain other uses and by regulating gas and oil
well use in a manner consistent with traditional zoning regulations
without primarily regulating the technical aspects of oil and gas
well functioning.
B. Upper Burrell Township recognizes that the regulation of
oil and gas operations is the primary responsibility of the regulatory
agencies of the Commonwealth of Pennsylvania, but that the Township
maintains its zoning power as set forth in 53 P.S. § 10101
et seq., as amended, the Pennsylvania Municipalities Planning Code,
and through the Upper Burrell Township Zoning Ordinance.
C. This ordinance applies to all oil and gas well sites, natural
gas compressor stations, and natural gas processing plants that will
be permitted or constructed.
L.
Noise. The Township recognizes and acknowledges that oil and gas
development is accompanied by inherent noise. However, the operator
shall take the following steps to minimize, to the extent practicable,
the noise resulting from the development.
[Added 7-21-2011 by Ord. No. 5-2011]
(1)
Prior to drilling of an oil and gas well or the operation of
a natural gas compressor station or a natural gas processing plant,
the operator shall establish a continuous seventy-two-hour ambient
noise level at the nearest protected structure property line or 100
feet from the nearest protected structure (as measured to the closest
exterior point of the building), whichever is closer to the protected
structure or, alternatively, and in lieu of establishing the above
seventy-two-hour ambient noise level, the operator may assume and
use, for the purposes of compliance with this ordinance,[3] a default ambient noise level of 55 dBA. The sound level
meter used in conducting any evaluation shall meet the American National
Standard Institute's standard for sound meters or an instrument
and the associated recording and analyzing equipment which will provide
equivalent data.
[3]
Editor's Note: "This ordinance" refers to Ord. No. 5-2011.
(2)
The operator shall provide documentation of any established,
seventy-two-hour evaluation, relied upon to establish an ambient noise
level greater than 55 dBA to the Township's Zoning Officer within
three business days of such a request from the Zoning Officer.
(3)
The noise generated during drilling, hydraulic fracturing activities,
oil and gas operations or the natural gas compressor station or the
natural gas processing plant, when measured at the nearest protected
structure property line or 100 feet from the nearest protected structure
(as measured to the closest exterior point of the building), whichever
is closer to the protected structure, shall not exceed the average
ambient noise level (as determined by the seventy-two-hour evaluation)
or default level, whichever is higher:
(a)
During drilling activities by more than seven decibels during
the hours of 6:00 a.m. to 10:00 p.m.;
(b)
During drilling activities by more than five decibels during
the hours of 10:00 p.m. and 6:00 a.m.; or
(c)
By more than 10 decibels during hydraulic fracturing operations.
The operator shall inform the Township which level (average ambient
noise level or default level) is being used.
(4)
Adjustments to the foregoing noise limits may be permitted in
accordance with the following:
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
| |
---|---|---|
5
|
15
| |
10
|
5
| |
15
|
1
| |
20
|
1
|
*
|
Cumulative minutes during any one hour.
|
(5)
If a complaint is received by the Township from any person,
whether a resident or otherwise using the protected structure as defined
herein for any lawful purpose; regarding noise generated during drilling
or hydraulic fracturing activities, the operator shall, within 24
hours of receipt of the complaint from the Township, continuously
monitor for a forty-eight-hour period at a point which is the closer
to the complainant's building of:
(6)
If the operator engages in any noise testing as required by
this ordinance,[4] it will provide preliminary data to the Township no later
than 10 business days following the completion of the noise testing.
Once the monitoring is complete, operator will meet with Township
representatives and affected residents to discuss whether possible
noise abatement measures are warranted, if the permitted levels set
forth herein were exceeded. If noise levels violate the standards
set forth in this ordinance,[5] sound-mitigating techniques and/or devices may be required
to meet acceptable levels.
(7)
Exhaust from any internal combustion engine or compressor used
in connection with the drilling of any well or for use on any production
equipment or used in development shall not be discharged into the
open air unless it is equipped with: an exhaust muffler; or an exhaust
box. The exhaust muffler or exhaust box shall be constructed of noncombustible
materials designed and installed to suppress noise and disruptive
vibrations. Moreover, all such equipment with an exhaust muffler or
exhaust box shall be maintained in good operating condition according
to manufacturer's specifications.
(8)
All work-over operations shall be restricted to the hours of
6:00 a.m. to 10:00 p.m., except in the extent of an emergency, as
reasonably determined by the operator. "Work-over operations" shall
mean work performed in a well after its completion in an effort to
secure production where there has been none, restore production that
has ceased, or increase production.
M.
Emergency services. The operator shall, prior to drilling, provide
the Township adequate information to deal with any potential dangerous
conditions that may result due to development activities. First responders
shall have on-site orientation and be provided adequate awareness
information. Upon request from the Township, 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. Operator shall provide appropriate
maps, material safety data sheets and emergency plan and Preparedness,
Prevention and Contingency Plan (PPC) documents to the Township Manager.
The operator shall provide 24/7 contact information, including a supervisor's
name and a toll-free number, to all Township emergency service providers,
the Township Manager and on signage at the entrance to the well site.
Warning signs must be posted providing notice of potential dangers
at the well site.
[Added 7-21-2011 by Ord. No. 5-2011]
N.
Lighting.
[Added 7-21-2011 by Ord. No. 5-2011]
(1)
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
sight 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.
(2)
Recognizing that the specific location of equipment and facilities
is an important an integral part of oil and gas development, as part
of the planning process, operator shall strive to consider location
of its temporary and permanent operation, where prudent and possible,
so as to minimize interference with Township residents' enjoyment
of their property.
O.
Public notice. Prior to drilling an oil and gas well, but not later
than two weeks prior to drilling, the operator shall provide the following
information to each resident within 1,000 feet of the planned surface
location of the well:
[Added 7-21-2011 by Ord. No. 5-2011]
(1)
A copy of the well survey plat showing the locations of the
planned wells;
(2)
A general description of the planned operations at the planned
well and associated equipment used in the development of the well;
(3)
The contact information for the operator; and
(4)
The availability of the operator to hold a meeting with such
residents to present operator's plans for the well and to allow
for questions and answers. The meeting shall be held prior to well
site construction.
P.
Application.
[Added 7-21-2011 by Ord. No. 5-2011]
(1)
Any applicant desiring approval of a conditional use application
pursuant to this ordinance[6] shall submit a written application. Before submitting
an application, the applicant is strongly encouraged to meet with
the municipal staff to determine the requirements of and the procedural
steps for the application. The intent of this process is for the applicant
to obtain necessary information and guidance from the staff before
entering into any commitments or incurring substantial expenses with
regard to the site and plan preparation. The application shall not
be considered complete and properly filed unless and until all items
required by this ordinance, including application fee, have been received.
Such application shall include the following in formation and plans:
(b)
Applicant shall comply with all Upper Burrell Township ordinances.
An addendum listing the various ordinances of the Township which may
apply is attached; this addendum is for reference purposes and is
not meant to be all inclusive.[7]
[7]
Editor's Note: Said addendum to Ord. No. 5-2011 provided the
following:
Addendum. The operator, when making application to the Township
of Upper Burrell, is encouraged to familiarize themselves with the
ordinances of the Township. This is not intended to be all-inclusive
and is included for reference purposes. Ordinances which may in part
or in whole have an impact on the application and subsequent land
development may include the following:
Ordinance No. 1 of 2011, Floodplain Ordinance
Ordinance No. 1 of 2009, Zoning Ordinance
Ordinance No. 2 of 2007, Subdivision and Land Development
Ordinance No. 3 of 2007, Driveways, Roads, Streets or Drainage
Facilities to Township Roads
Ordinance No. 4 of 2007, Grading, Excavating and Filling
Ordinance No. 2 of 2005, Uniform Construction Codes
Ordinance No. 2 of 1974, Registration of Tenants
Ordinance No. 1 of 1994, Road Cleaning Surrounding Construction
Logging and Well Drilling Sites
Ordinance No. 4 of 1968, Parking Regulations
Ordinance No. 2 of 1980, Hauling In Excess of Posted Weight
Limit
(c)
Provide written evidence that legal notice of the intent to
drill has been given to the property owner(s) who have legal or equitable
title in and to the surface of the proposed development.
[6]
Editor's Note: "This ordinance" refers to Ord. No. 5-2011.
(2)
As a condition of permit approval, applicant shall provide all
permits and plans form the Pennsylvania Department of Environmental
Protection and all other appropriate regulatory agencies within 30
days of receipt of such permits and plan.
(3)
Access 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. Access directly to Township
roads shall require a Township Driveway Permit prior to initiating
any work at a well site.
(4)
Copies of any and all permits and applications submitted to
the various local, county, state and federal agencies. Permits and
plans shall include but not be limited to the Pennsylvania Department
of Environmental Protection well application and permit, ESCGP-1 or
other erosion and sedimentation permits and all air, water and waste
management permits.
(5)
The applicant shall provide the GIS location and make application
to the Township for a 911 address of the well site. The applicant
must mark the site at the entrance where it intersects with a Township
road using a reflective address sign, in accordance with Pennsylvania
Department of Transportation standards, as amended.
(6)
During construction, the operator shall remove and dispose of
all uprooted trees, stumps, rubbish, construction materials and debris
promptly in the interest of public safety. All refuse stored on site
for final off-site disposal shall be located within a building, covered
dumpster or other enclosure designed and constructed for the proper
storage of such material.
(7)
No employees, subcontractors or other persons shall be housed
on the well site, compressor station site or processing plant site
except supervisory personnel necessary for safety reasons. Any applicant
must register all supervisory personnel occupying a bunk house with
the Township Tax Collector in accordance with Ordinance No. 2 of 1991,
requiring the owners of all occupied structures to register the occupants.[8] The operator shall meet all state and local water and
sewage standards.
(8)
The Township recommends all condensate tanks located on drilling
sites, compressor stations and/or processing plants shall be equipped
with vapor recovery and/or vapor destruction units or the best technology
available.
(9)
The applicant shall make reasonable efforts to avoid and/or
mitigate any disruption or loss of radio, telephone, cellular phone,
television or similar signals, and shall mitigate any harm caused
by the oil and gas development in a timely manner.
(10)
Drip pans or other containment devices are required on equipment
that could potentially leak, discharge or spill hazardous liquids.
The operator is responsible for any spills involving waste materials,
oil, gas, toxic or hazardous substances and shall notify the Township
of any such spill.
Q.
Fencing.
[Added 7-21-2011 by Ord. No. 5-2011]
(1)
Install chain-link fencing at least six feet high and install
permanent fall protection fencing meeting OSHA requirements around
any pit for impoundment of liquid at a depth greater than two feet.
A sample standard follows for guidance:
(a)
Support posts shall be set in concrete and imbedded into the
ground to a depth of sufficient to maintain the stability of the fence.
Temporary fence posts shall not be required to be set in concrete;
(b)
The chain-link fence shall have a minimum thickness of 11 gauges;
(c)
Tension rods shall be 3/8 inch round steel bolt stock. Adjustable
tighteners shall be turnbuckle or equivalent having six-inch minimum
take-up. Tension bars shall have minimum thickness of 1/4 inch by
3/4 inch;
(d)
All chain-link fences shall be equipped with at least one gate.
The gate shall meet the following specifications:
[1]
Each gate opening shall not be less than 12 feet wide and be
composed of two gates, each of which is not less than six feet wide,
or one sliding gate not less than 12 feet wide. If two gates are used,
gates shall latch and lock in the center of the span.
[2]
The gates shall be provided with a combination catch and locking
attachment device for a padlock, and shall be kept locked when no
one is working on the site.
(e)
Security fencing shall not be required at oil or gas well sites
during the initial drilling or redrilling operations, as long as manned
twenty-four-hour on-site supervision and security are provided.
(f)
Upon completion of drilling or redrilling, including hydraulic
fracturing and associated processes, security fencing consisting of
a permanent chain-link fence shall be promptly installed at the oil
or gas well site to secure wellheads, storage tanks, separation facilities,
water or liquid impoundment areas, and other mechanical and production
equipment and structures on the oil or gas well site.
(g)
The Township First Responders shall be given means to access
oil and gas well sites in case of an emergency. Applicant must provide
County 911 Communications Center necessary information to access the
well pad in case of an emergency.
(h)
Warning signs shall be placed on the fencing surrounding the
oil or gas well site providing notice of the potential dangers and
the contact information in case of an emergency. During drilling and
hydraulic fracturing, clearly visible warning signage must be posted
on the pad site.
(2)
Operator shall comply with all FAA requirements for equipment,
where applicable, and inform medical helicopters of any equipment,
where applicable.
R.
Interpretation and severability. This ordinance[9] is interpreted to be applied so that it meets all federal
and state constitutional and statutory requirements. This ordinance
is to be interpreted and applied to impose zoning regulations identifying
where gas and oil well uses are permitted in the Township and not
to regulate technical aspects of gas and oil well operation, including
technical aspects of oil and gas well functioning and matters ancillary
thereto governed by the Pennsylvania Oil and Gas Act[10] and regulations
adopted pursuant thereto. The provisions of this ordinance are severable.
If any provision or part thereof if held to be illegal or invalid,
the remaining provisions shall remain in full force and effect. If
any provision hereof is held to be preempted by the Pennsylvania Oil
and Gas Act, then such provision and all remaining provisions shall
be applicable to the extent it is consistent with and not preempted
by the Act.