Township of Hampton, PA Article XII Conditional Uses

§ 310-76 General criteria for evaluation of conditional uses.

A. Conditional uses are listed in Article IX of this chapter.

B. The granting of a conditional use by the Township Council, after review and recommendations by the Planning Commission and the Environmental Advisory Council, shall be predicated on the developer's submission of a written application, together with an illustrative site plan containing the information required in § 310-63F, as applicable.

C. The written submission shall demonstrate that the development for which the conditional use is sought will meet the primary criteria outlined below:

(1) Will not endanger the public health, safety and welfare, if located where proposed, and will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare and vibration;

(2) Meets all other requirements of this chapter in the zoning district where the use is proposed;

(3) Is in general conformity and is in harmony with the area in which it is proposed;

(4) Is an appropriate use on the proposed site as a conditional use;

(5) Is consistent with the comprehensive plan for the development of the municipality;

(6) Is in conformity with zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use;

(7) Makes adequate provision for public services, environmental protection, provides adequate control over vehicular traffic, and furthers the amenities of light and air, recreation and visual enjoyment;

(8) Is complementary to the neighborhood in which it is proposed to be established; and

(9) Will not increase danger and congestion in travel and transportation.

D. The illustrative site plan shall show to scale the entire property to be ultimately developed and shall indicate the locations, height and use of structures, driveways, parking areas and topographical and/or natural features of the property. An architectural rendering of the structures proposed may also be submitted.

E. Any development that proposes to create condominium units, or to convert rented units to condominium, shall not be approved until bylaws binding the condominiums to the maintenance of and responsibility for common spaces inside and outside the buildings, have been reviewed by the Township Solicitor and found to be in compliance with existing statutes, ordinances and regulations of the Commonwealth of Pennsylvania, the Township of Hampton and County of Allegheny.

§ 310-77 Procedure for review of conditional use application and options available after review.

A. The Zoning Officer shall place the application for referral on the agenda of the next regular meeting of the Township Council following the submission of the complete conditional use application. Township Council shall thereafter refer the proposal to the Planning Commission and Environmental Advisory Council for review and recommendation.

B. The Planning Commission may call and hold a public hearing, properly advertised, to gather additional testimony on the proposal, or it may gather such information as it deems necessary to make its recommendations during its regularly or specially scheduled public meetings.

C. The Planning Commission and Environmental Advisory Council shall submit its recommendations to the Township Council within 60 days after receipt of the completed application, recommending approval, rejection or approval with certain specific conditions.

D. In accordance with Section 908(1), 908(1.2) and 913.2 of the Municipalities Planning Code (MPC),[1] the Township Council shall hold a public hearing on the conditional use application, which shall commence within 60 days from the date of receipt of applicant's completed application, unless applicant has agreed in writing to an extension of time. If deemed appropriate in the Township Council's discretion, it may hold a joint hearing with the Planning Commission. A joint public hearing of the Planning Commission and the Township Council shall fulfill the requirement for a public hearing held by the governing body on the application. Public notice of the public hearing shall be given in accordance with the law. Written notice of the public hearing shall be given to the applicant, to the Zoning Officer, and to such other persons who have made timely requests for same, at least one week prior to the hearing. In addition, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. A recommendation from the Planning Commission should be provided to the Township Council prior to the expiration of any time limitations regarding the conditional use decision. In this regard, the requirements set out herein shall not be construed as procedurally mandatory. Within 45 days of the close of the last session of the public hearing, and otherwise in accordance with Section 908(9) of the MPC,[2] the Township Council shall render its decision on the conditional use application, either granting, denying, or granting with such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.

(1) A copy of the final decision shall be delivered to the applicant personally or mailed no later than the day following the date of the decision.

(2) It is the intent of this chapter that conditional use applications shall be reviewed, hearings held, and decisions rendered thereon, in compliance with the time limits and other procedural requirements as set forth in the Municipalities Planning Code (MPC), as amended from time to time, and that nothing herein is intended to, nor shall be interpreted as, adding any procedural requirements other than those specifically set forth in the MPC. Compliance with the MPC requirements shall constitute compliance with this chapter.

[1] Editor's Note: See 53 P.S. §§ 10908(1), 10908(1.2) and 10913.2, respectively.

[2] Editor's Note: See 53 P.S. § 10908(9).

E. The developer may request, in writing, an extension of the time limitations for review, if extenuating circumstances dictate such extension.

F. If the Township Council grants the conditional use, the Zoning Officer shall issue a building permit as if the conditional use was a principal permitted use provided that the application meets all requirements of this chapter or any other ordinance of the Township. If the developer does not apply for a building permit for the conditional use within 24 months of the granting of the conditional use, the conditional use shall be deemed void. The conditional use shall not be deemed void if: the developer has pending an application for financing of the project with an accredited lending institution such as a bank, savings and loan, etc., and the lending institution submits a letter indicating that the financial application is under current review; or, the developer has submitted the appropriate site plan prior to the expiration of the 24 months. In no event, however, should the conditional use exceed 36 months without issuance of a building permit.

G. If the Township Council does not grant the conditional use, or the conditions specified by the Township Council in the grant are unacceptable to the developer, the developer may not reapply for the same conditional use within one year from the date of the Township Council's decision.

H. In the event that a variance from the requirements of this chapter, relating to a submitted site plan, is also requested by the developer, it must be approved by the Zoning Hearing Board before a decision on the conditional use is made by Township Council Such request for a variance shall be accompanied by a copy of a written request for an extension of time submitted to the Township Council for an extension of time for action on the conditional use application. If the developer fails to request the extension of time, the Township Council shall act on the application as though no variance has been granted.

I. The Planning Commission and Environmental Advisory Council should review the conditional use request while a variance request is being reviewed by the Zoning Hearing Board and may recommend approval, rejection, or approval with conditions before a decision is reached by the Zoning Hearing Board.

§ 310-78 Conditional use standards and criteria.

A. All conditional uses, including the following, shall be subject to the standards outlined in Article X, Supplemental Requirements, Table A, and any relevant special regulations in Article XI and Article XIII.

(1) Dwelling units.

(a) Structures and outbuildings shall be sited to create the least damage to the environment.

(b) Normally overhead service lines and related equipment may be required by the Township to be placed underground in whole or in part.

(c) Buildings shall not be located in any identified flood-prone area, and shall not be constructed on a slope greater than 25%.

(d) Each building shall be spaced and oriented so as to insure adequate light and air exposure for walls containing main window exposures or main entrances; so as to avoid undue exposure to concentrated loading or parking facilities; and so as to preserve visual and audible privacy between adjacent buildings and adjacent lots. Buildings shall be so arranged as to be accessible by emergency vehicles.

(e) Disturbance of vegetative cover and existing trees shall be minimized and strict erosion control measures shall be practiced in accordance with standards of the Pennsylvania Department of Environmental Protection.

(f) Site plans shall include contours throughout the property and, in the area to be developed, shall be at an interval of five feet, with all proposed earth movement shown.

(g) Areas of the property not occupied by buildings nor paved shall be landscaped and or left in natural cover.

(2) Municipal and/or public utility service buildings, structures or facilities (CB, RA, RB, RC Zoning Districts):

(a) Parking areas shall be screened from adjacent residential properties.

(b) Normally overhead lines and related equipment may be required by the Township to be placed underground in whole or in part.

(c) Access drives shall provide at least the minimum legally required sight distances for motorists.

(d) Clearance of vegetation within a right-of-way shall not exceed a width of 20 feet.

(e) Necessary aboveground structures shall be located to minimize environmental damage and be made as unobtrusive as possible from neighboring properties and streets.

(f) Structures shall be designed to be compatible with surrounding residential developments.

(3) Accessory structures needed in the maintenance of recreational activities (CA, CB Zoning Districts):

(a) All structures shall be compatible with area.

(b) All structures shall meet yard and bulk requirements as stated in Table A.[1]

[1] Editor's Note: Table A is included at the end of this chapter.

(c) All structures within 50 feet of adjacent residential property lines shall be screened.

(4) Bed-and-breakfast establishment (RC, RD, NC and HC Zoning Districts):

(a) No individual rooms shall have kitchen facilities.

(b) A resident manager shall be provided on the premises at all times.

(c) Food and beverage service shall be limited to breakfast, snacks or afternoon tea for registered, paying overnight guests.

(d) The maximum length of stay shall not exceed 15 consecutive days in a thirty-day period.

(e) No retail sales shall be permitted on the premises.

(5) The raising of livestock and/or fowl or commercial stabling of horses, the latter in the Conservation B District only:

(a) Drainage of barnyard and pasture land shall be arranged to avoid contamination of downstream watercourses.

(b) Areas to be occupied by concentrations of animals shall be located to minimize odors affecting adjacent properties.

(c) Areas to be occupied by animals shall be fenced to adequately contain the animals enclosed.

(6) Wayside markets for seasonal sales of produce grown on the same property (CB Zoning District):

(a) Structures shall meet requirements of Table A of this chapter for a permitted use.

(b) Parking on the property shall be provided for at least six customer vehicles.

(c) Access from the adjacent road shall be safe as to sight distances, and no more than two access drives into the property shall be provided and marked as such.

(d) Signs shall not exceed 30 square feet in area (each side) and shall not exceed two in number on the property.

(e) When the market is not in operation, it shall be closed up and secured, and signs shall be removed.

(7) Cemetery and related activities (CB Zoning District):

(a) No burial sites or related structures shall be permitted on private residential property.

(b) No crematorium shall be a part of the development unless approved by Township Council.

(c) Outdoor storage of maintenance equipment or supplies, or materials for use in the cemetery, shall be screened from view of observers on properties or public roads adjacent to the cemetery.

(d) Access drives shall be located to take advantage of sight distances for motorists.

(e) No burial sites or structures within 100 feet of any property line.

(f) Minimum of 20 acres of private property.

(8) Recreational areas limited to golf courses, country clubs, fishing lakes, pools within municipal parks, parks, playgrounds and fishing preserves (CB, RA and RB Zoning Districts):

(a) Structures shall be set back at least 100 feet from all property lines, and boundary areas if wooded shall remain in their natural state.

(b) Access drives shall be located to take advantage of maximum sight distances for motorists.

(c) Parking areas shall be screened from adjacent residential properties.

(d) Lighting shall be oriented so as not to create glare or excessive light conditions on adjacent properties or roads.

(e) Signs shall not exceed 30 square feet in area, shall not exceed two in number on the property, and shall not be lighted.

(9) Commercial kennels (HC, NC, and LI Districts):

(a) The operator or owner of any kennel must hold and provide copies of all current state and local licenses and permits for the location, with the activity and number of animals so specified.

(b) Any exterior fenced area wherein animals exercise or are otherwise exposed must be located a minimum of 150 feet from any principal structure on adjacent lots.

(c) The perimeter of the exterior exercise area must be fenced with a minimum height fence of five feet, accessible only through a self-latching gate.

(d) Exterior exercise areas shall be screened from view from adjacent properties and roadways.

(e) Indoor exercise runs shall be required.

(f) Dogs, cats and other kenneled animals shall be kenneled in a soundproofed, totally enclosed structure only.

(g) Any structure used to house animals shall be equipped with code approved nontoxic, noise-dampening material or acoustic tile.

(h) No kennel may be established within 1/2 of a mile of an existing kennel.

(i) No additional residential use may be established on land designated as a kennel.

(j) A kennel shall be permitted as an accessory use to veterinary offices in zoning districts where veterinary offices are permitted, subject to all of the conditions established in Subsection A(9).

(k) The premises of the kennel shall be maintained in a sanitary condition at all times; excreta shall be cleaned up from outside areas on a daily basis and be removed from the site in an appropriate manner in order to eliminate the potential of11/2 odors being emitted onto adjacent properties.

(l) At no time shall any nondomestic animal(s) be kenneled at the facility.

(m) Any sale of related items and supplies must be clearly incidental to the principal use.

(10) Churches and other institutional places of worship (RA, RB and RC Zoning Districts):

(a) Structures shall be set back at least 100 feet from all property boundary lines and road right-of-way lines.

(b) Access drives shall provide at least the minimum legally required sight distances for motorists.

(c) Parking areas shall be required to be screened from adjacent residential properties.

(d) Where living accommodations in the form of group quarters for members of a religious order are a part of the development, such quarters shall not provide for more than 12 individuals.

(e) One single-family dwelling may be constructed on the property as part of the development.

(f) Property must contain a minimum of five acres of land.

(g) Lighting shall not create glare conditions on adjacent properties or roads.

(h) Areas of the property not occupied by building or paved shall be left in its natural condition, or landscaped and maintained.

(11) Schools accredited by the commonwealth (RA and RB Zoning Districts):

(a) Such a school shall be the sole occupant of the property.

(b) Structures shall be set back at least 100 feet from all property boundary lines and road right-of-way lines.

(c) Access drives shall provide at least the minimum legally required sight distances for motorists.

(d) Parking areas shall be screened from adjacent residential properties.

(e) The course of instruction shall not create dirt, noise, glare or other nuisances to adjacent properties.

(f) Lighting shall not create glare conditions on adjacent properties or roads.

(g) Areas of the property not occupied by buildings or paved shall be landscaped and maintained, or left in natural cover.

(h) Property must contain a minimum of five acres of land.

(12) Hospital, nursing home, retirement or convalescent home licensed by the commonwealth (RD, LI Zoning Districts):

(a) Access drives shall provide at least the minimum legally required sight distances for motorists.

(b) Parking areas shall be screened from adjacent residential properties.

(c) Structures shall be set back at least 100 feet from all property boundary lines.

(d) Lighting shall not create glare conditions on adjacent properties or roads.

(e) Areas of the property not occupied by buildings or paved shall be landscaped and maintained, or left in natural cover.

(13) Real estate sales office (RA and RB Zoning Districts):

(a) Access drives shall provide at least the minimum legally required sight distances for motorists.

(b) Parking areas shall be screened from adjacent residential properties.

(c) Parking shall be provided on the property for at least two, but no more than six vehicles.

(d) Only one sign not to exceed 25 square feet in area shall be permitted on the property.

(e) When the office is not in operation, it shall not be lighted from outside, and in no case shall outside lighting create glare conditions on adjacent properties or streets.

(14) Personal care home (small and large) (RC and RD Zoning Districts):

(a) The appropriate area, bulk and height regulations for the appropriate residential district or the appropriate commercial district must be met.

(b) The lot area shall be provided at a minimum lot area required under the Zoning Ordinance in which the area might be located, plus an additional 500 square feet for each sleeping room in excess of three. Every unit of two beds, or fraction thereof, in a sleeping room shall be counted as a separate sleeping room.

(c) There shall not be more than one personal care home located in any one building.

(d) No personal care home shall be located in a building that is occupied by any other residential type of use except in Residential D (RD).

(e) No personal care home shall be spaced closer than 800 feet from any other personal care home. Said distance of 800 feet shall be measured by imposing a circular area of an accurate plan by locating a point on the center of the subject building and by extending a radius of 800 feet from said center point. Any other building occupied or used as a personal care home and located totally or partially within said circular space shall be cause for rejection of the application for conditional use.

(f) Prior to approval of any application for establishment or operation of any personal care home, the applicant shall provide proof, satisfactory to Township Council, that the applicant either has acquired, or will be able to acquire, all appropriate licenses and permits from the Pennsylvania Department of Public Welfare and the Allegheny County Department of Health, prior to the issuance of a building permit by the Township. No building or other structure shall be occupied as, or used as, a personal care home until a Township certificate of occupancy is issued.

(g) Sleeping rooms, accommodations or facilities shall not be located in any basement or cellar and shall comply with all applicable life safety and health codes.

(h) On-site parking facilities shall be provided at the ratio of one space for every three residents and shall be required to be screened from adjacent residential properties.

(i) The owner and/or operator of the institutional home shall permit inspections of the facility from time to time by Township officials and representatives of the Township including, but not limited to, the Township Fire Marshal, Fire Chief or Assistant Fire Chief, and the Township Zoning Officer. Such inspections shall be conducted at reasonable times but shall not be limited to daytime hours, nor to normal business hours. Such inspections shall be conducted to ascertain the continued compliance by the operator with all applicable federal, state, county and local statutes, ordinances, regulations, and rules.

(j) Township Council may attach such reasonable conditions and safeguards, in addition to those expressly set forth in the Zoning Ordinance, as Township Council may deem necessary to implement the purposes of this chapter.

(15) Group care home (RB, RC and RD Zoning Districts):

(a) No two such facilities shall be placed closer together than 1,500 feet to one another.

(b) All state and county approvals shall have been issued.

(c) Off-street parking shall include one off-street parking space for each person employed in the home on the largest shift, one space for visitors and one space for vehicles used to transport residents, and shall be required to be screened from adjacent residential properties.

(d) The owner and/or operator of the institutional home shall permit inspections of the facility from time to time by Township officials and representatives of the Township including, but not limited to, the Township Fire Marshal, Fire Chief or Assistant Fire Chief, and the Township Zoning Officer: Such inspections shall be conducted at reasonable times but shall not be limited to daytime hours, nor to normal business hours. Such inspections shall be conducted to ascertain the continued compliance by the operator and/or with all applicable federal, state, county and local statutes, ordinances, regulations, and rules.

(16) Personal, professional or business services (RD and NC Zoning Districts):

(a) Where paved vehicular areas occur in an area that abuts a residential district, such paved areas shall be held back at least 15 feet from the property line, and the paving area shall be suitably screened by landscaping or natural cover.

(b) Parking, as required by this chapter, shall be based on the single or combined use or uses of the property. Requirements for parking shall be no less than one space per 300 square feet of floor area of the building being used as an office.

(c) A building identification sign may be erected on the property; however, the sign shall not be placed within 15 feet of the edge of the right-of-way of the roadway, shall not exceed 16 square feet of area, and may be lighted, provided that no reflected glare occurs on adjacent roads or properties.

(d) Signs indicating the names of business occupants of a building may be placed on a signboard not more than 12 square feet in area mounted on the wall of the building or freestanding in the front yard area, such signs not higher than eight feet off the ground, and lighted from within, if illuminated, and may be lighted, provided that no reflected glare occurs on adjacent roads or properties.

(e) The developer shall submit a written application, together with an illustrative site plan of the proposal, and the application and site plan shall demonstrate compliance with the criteria set forth in this article.

(17) Individual apartment or townhouse building or groups of such buildings on the same property (RC and RD Zoning Districts):

(a) In addition to meeting the screening requirement of § 310-59E, all parking areas shall meet the requirements of §§ 310-80 and 310-65H.

(b) Parts of the property not occupied by buildings or paving shall be landscaped and maintained or left in natural cover. Edges of paved areas abutting planting shall be curbed.

(18) Public parking lots (RC Zoning District):

(a) The front yard area of such lots adjacent to or directly across a street from residential development, shall be planted in a ground cover for a depth of not less than 30 feet, and side yards for a depth of not less than 10 feet.

(b) A dense evergreen hedge, maintained at a height of three feet, shall be placed along the edge of the paved parking lot surface where the lot is parallel to, or directly across the street from, residential development, except where abutting the development the parking lot serves and at the entrance of the lot.

(c) Refer to § 310-65H for additional requirements.

(19) Private clubs, lodges, fraternal organizations (LI Zoning District):

(a) All structures shall be no closer than 50 feet from all property lines.

(b) An identification sign up to 16 square feet is permitted.

(c) Exterior lighting shall be shielded away from adjacent residential properties.

(d) Outdoor speakers are prohibited.

(e) Any use which meets the "outdoor amusement" definition in Chapter 98, Amusements, Article II, License Required for Outdoor Amusements, shall be licensed as required by said article, as amended.

(20) Highway or neighborhood commercial activities similar to those listed under permitted uses. Applicant must submit a written statement describing in detail in which manner the applicant's goods and services are compatible with the goods or services stated as permitted uses, and that the application meets all other applicable requirements of this chapter (HC and NC Zoning Districts):

(a) Proposed business sells goods or services at retail on the premises.

(b) Most (75%), if not all, the business is conducted within a completely enclosed permanent structure.

(c) There are no unusual parking and/or off-street loading problems connected with the business.

(d) Outdoor display is controlled and not arranged so as to be distracting to motorists on adjacent roads or to adjacent properties.

(e) The proposed business will not adversely affect the public health, safety and general welfare.

(21) Contractor's storage yard. Parking, display or storage of heavy equipment and vehicles, as an accessory or principal use and which are not in daily use, shall conform to the following (LI and HI Zoning Districts):

(a) Parking of equipment or vehicles, as used in the daily operation of a business, shall be designated on a site plan submitted in accordance with the requirements of § 310-63.

(b) Construction equipment used in an ongoing land development project, for road building, municipal, utility or authority projects and service or for emergency operations, does not come under this use classification.

(c) Heavy equipment/vehicles includes dump trucks, farm tractors, hi-lifts, bulldozers, semitrailers, large machinery and similar large equipment.

(d) All parking areas shall be paved, and may only be waived by Council where it is not suitable, such as track vehicles, etc.

(e) Parking areas shall be located 100 feet from residential districts and streets abutting such districts.

(f) Parking areas shall be located 35 feet from all other zoning districts and streets.

(g) Buffer yards shall be planted in accordance with the requirements of § 310-59E.

(22) Beverage distributor, drive-through (HC and NC Zoning Districts):

(a) Access to and circulation through the property shall be adequately situated.

(b) Location shall not cause undue congestion on adjacent streets and there shall be ample space on the property to accommodate at least five cars in each lane waiting for service for drive-through.

(23) Drive-in or drive through restaurants, quick food service outlets and drive-in or drive-through banks (HC and NC Zoning Districts):

(a) Access drives shall provide at least the minimum legally required sight distances for motorists and circulation into and through the property and location of parking shall be obvious to motorists.

(b) Areas not paved or occupied by structures shall be landscaped and maintained, or left in natural cover, and the edges of paved areas abutting landscaped areas shall be curbed.

(c) The use of the site and the access to it shall not endanger the public health, safety and general welfare.

(24) Groups of two or more retail and service commercial businesses on the same property or with shared parking (HC, LI and NC Zoning Districts):

(a) The entire complex shall have a common architectural character and be an integrated design.

(b) Access from adjacent roads shall be carefully designed to minimize congestion and confusion.

(c) Parking areas shall be laid out so that circulation through them and to access points is obvious. Parking lanes should be at right angles or diagonal to the length of the buildings.

(d) Loading areas shall be separate from parking areas.

(e) The edges of paved areas abutting landscaped areas shall be curbed where possible.

(f) Areas to be used for outdoor sales shall be designated and shall not occur on pedestrian circulation areas or in required parking areas.

(g) Any existing site upon which additional retail, service or commercial businesses are desired to be located shall meet the parking requirements and all other Zoning Ordinance requirements in effect at the time the additional structure is erected.

(25) Wholesale sales (HC Zoning District):

(a) The structure shall have essentially the appearance of a retail or service commercial building.

(b) Goods for sale at wholesale shall be limited to those listed under principal permitted uses or closely similar goods.

(26) Nonresidential uses (RD Zoning District):

(a) Individual building or group of buildings containing offices and apartments, provided no office occupies the same floor as, or floors above, any apartments, but limited to the following:

[1] Banks, savings-and-loan associations.

[2] Retail sale of wearing apparel, jewelry, notions, or stationery supplies.

[3] Retail florists.

[4] Barber shop/beauty shop.

[5] Pharmacy.

[6] Restaurant.

[7] Deli.

[8] Funeral home.

(b) All parking requirements must be met.

(c) All parking areas shall be paved.

(d) In addition to meeting the design requirements of § 31Q-79G of this chapter, all parking areas must be adequately screened.

(e) Areas of the property not occupied by structures or paved shall be landscaped and maintained or left in natural cover.

(f) The design of the structure shall be compatible with surrounding neighborhood.

(g) All business must be operated/conducted within an enclosed structure.

(h) Access to use shall not endanger public health and safety.

(i) Loading areas shall be separate from parking.

(27) Restaurant, except drive-in or drive through (NC Zoning District):

(a) Parking areas, signs and lighting shall be screened from, adjacent residential areas.

(b) Design and arrangement of property shall be compatible with surrounding residential development.

(c) Outdoor food services. Outdoor food services may be offered, provided that:

[1] All activities remain on property.

[2] The outdoor dining activities use is located at least 75 feet from a residential district.

[3] No noise or odor shall emanate from such restaurant use which adversely affects the use and enjoyment of any residential dwelling unit within 300 feet of the restaurant.

[4] The outdoor dining area shall be kept clean from all litter and debris and shall also be swept and washed with water at the close of the business day.

[5] Outside cooking and food preparation is not permitted.

[6] No music or other audio performance may be broadcast or performed in the outside seating area that is audible from adjacent properties.

[7] Table umbrellas must be free of advertising text and images.

[8] All fixtures and appurtenances associated with outside services shall meet setback limitations for the primary structure and shall be free of advertising text and images.

[9] Outside food service shall be permitted only between the hours of 7:00 a.m. and 10:00 p.m., Sunday through Thursday, and between 7:00 a.m. and 11:30 p.m. on Friday and Saturday.

(28) Other assembly and limited manufacturing uses of a nature similar to principal permitted uses LI, HI Zoning District:

(a) All operations shall be entirely within an enclosed building, except as allowed under accessory uses.

(b) Performance standards in § 310-62 shall be strictly adhered to.

(c) Outdoor storage areas shall be screened from nearby public streets and residential properties.

(d) Areas of the property not occupied by structures or paved shall be landscaped and maintained or left in natural cover.

(e) The landscaping must meet the applicable requirements of Article X.

(29) Bulk fuel storage and distribution facility (LI Zoning District):

(a) Performance standards in § 310-62 shall be met.

(b) All state and federal permits will be acquired prior to the issuance of a building permit; all building permits shall be in compliance with all ICC regulations and requirements.

(c) The fuel spill containment area shall be capable of containing at least 1 1/2 times the amount of the largest storage tank.

(d) All areas shall be properly landscaped or left in natural cover.

(e) The facility shall be screened from all abutting residential areas and shall comply with the provisions contained in § 310-59E.

(30) Auto salvage and storage (LI Zoning District):

(a) The activity must be screened from nearby residences by the appropriate buffer yards as defined in this chapter.

(b) The manner of storage of junk shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of junk are maintained in order to facilitate access for firefighting and prevent the accumulation of stagnant water. The proposed layout of the salvage yard shall be indicated on the site plan submitted with the application.

(c) No junk shall be stored or accumulated and no structure shall be constructed within 50 feet of any dwelling unit or within 25 feet of any other parcel or right-of-way of a public street.

(d) No garbage, organic waste, petroleum products or hazardous waste shall be stored, buried or disposed of on the site. The material stored on the premises must be removed periodically but not less than bimonthly.

(e) An acceptable plan for rodent and insect control must be presented.

(f) The entire operation shall be surrounded by a fence or type of screening acceptable under the provisions of this chapter.

(g) All applicable standards of § 310-61 must be met.

(31) Commercial recreation (LI Zoning District):

(a) Access drives shall be located to take advantage of sight distances on public roads.

(b) Lighting of site shall be oriented away from nearby residential areas and adjacent public roads.

(c) Site facilities shall be arranged to minimize impact of noise created on-site by use of plantings or separation of noise-producing elements from residential areas.

(32) Mobile home parks (LI and HI Zoning Districts):

(a) A minimum of 10 acres is required for the development of a mobile home park.

(b) The maximum density shall be six units per acre.

(c) The mobile home park shall conform to all applicable requirements of Chapter 280, Subdivision and Land Development, and this chapter.

(d) The management of the park shall keep an up-to-date register of all park occupants.

(e) The development shall be designed with at least one access street which connects the development with a public street.

(f) Every mobile home must be connected to the public sewer system.

(g) All service and accessory structures must meet the Township of Hampton's Building and Fire Codes.[2]

[2] Editor's Note: See Ch. 120, Construction Code, Uniform, and Ch. 148, Fire Prevention.

(h) All mobile home units must meet all state and federal construction standards.

(33) Mining (LI and HI Zoning District):

(a) From and after the effective date of this chapter, mining for any substances or products, but in particular, for coal, both anthracite and bituminous, slate, or any such igneous material or product, whether surface or deep mining, natural gases, ignitable or the extraction of any minerals or mining operations shall be prohibited in all conservation districts, residential districts, highway commercial, neighborhood commercial districts, and professional offices and office, research and development districts of the Township of Hampton. These operations may be conducted only as conditional uses subject to the standards and requirements set out in the Zoning Ordinance of the Township of Hampton, the Grading Ordinance of the Township of Hampton,[3] and all other ordinances applicable thereto.

[3] Editor's Note: See Ch. 161, Grading and Excavation.

(b) In the event that it may be demonstrated to the Township Council of the Township of Hampton that the accumulation or buildup of natural gases, oil, or other hazardous or explosive substances is likely to cause risk of injury or death to persons occupying residences in the immediate vicinity of such accumulations or buildups, then, upon proper application to the Township Council of the Township of Hampton, the drilling, extraction or removal of such dangerous or hazardous substances may be permitted, but only under the following circumstances:

[1] The submission by appropriate landowners in the immediate vicinity of prospective emergency, of a certificate of a registered certified oil, gas, or petroleum engineer attesting to the accumulation or significant buildup of such products or gases, and that the same is likely to cause damage to the property of persons or persons within that vicinity, and that such dangers are imminent.

[2] That the person or persons submitting such applications have submitted to the Township Council the names of qualified engineering or professional firms certified or authorized to conduct activities such as the removal or extraction of such gases or materials.

[3] The time or times when such activities are proposed to be conducted, and the manner in which such extraction or removal shall be conducted, including the ultimate disposal of such materials or gases.

[4] That adequate notice of such danger or imminent risk has been given to the person or persons owning property within 300 feet of the property. The Township Council shall conduct an immediate hearing after proper notice to the person or persons owning properties within 300 feet of the property and shall, where appropriate, grant such relief as may be required.

[5] The presentation of appropriate permits or licenses from the Department of Environmental Protection or any other federal or state agency having jurisdiction authorizing the removal of such resources and approving the manner in which such removal is to be accomplished.

[a] Full compliance with the applicable provisions of Article X and Article XII of this chapter shall be required.

(c) The owner or owners of any properties upon which has been erected, rigs, or equipment, such as is described in this chapter, and which uses have been abandoned or are no longer approved or licensed by the Department of Environmental Protection, or where such rigs or equipment have been abandoned for a period of one year or upward, shall upon notice from the Code Enforcement Officer of the Township of Hampton, remove such rigs, wells, drills or other equipment, within 30 days of such notice. Any excavations, tunnels or holes left remaining after the removal of such equipment shall be filled and appropriately plugged by the owner or owners of such property upon application to the Department of Environmental Protection or any other agency for the appropriate licenses for such purposes.

(d) Any such equipment which may from the date of this chapter be in operation or continuing as a drill, well or other equipment designed for extraction or removal of gases or minerals, shall be immediately enclosed by chain link or equivalent fences, no less than six feet in height, and at least 10 feet from the point where such equipment is erected.

(34) Horses (RA and RB Zoning Districts):

(a) Manure or other odor- or dust-producing substances shall not be stored within 200 feet of any property line.

(b) The required minimum lot size shall not be included in calculation for the fenced-in area for the horses.

(c) All fences used to confine horses shall be set back a minimum of three feet from any side or rear property line and six feet any front property line or road right-of-way, whichever is higher.

(d) Also see § 310-75C(7).

(35) Alcohol sales (NC Zoning District):

(a) All Pennsylvania Liquor Control Board requirements must be met.

(b) Intermunicipal liquor license transfers must submit an application for liquor license transfer and meet requirements of Township Resolution No. 682.

(c) All alcohol sales are limited to the hours of 8:00 a.m. to 11:00 p.m.

(36) Oil and gas development and production (HI Zoning District):

[Amended 8-28-2019 by Ord. No. 827]

(a) Purpose.

[1] This section provides reasonable criteria for the regulation of oil and gas related uses.

[2] In conjunction with all applicable requirements of Chapter 280 of the Hampton Township Code governing Subdivision and Land Development, these regulations apply to all new oil and gas related uses proposed after the effective date of this chapter. Should the requirements of this section conflict with any state or federal law or regulation, such state or federal law or regulation shall prevail.

[3] Information to be provided by an applicant is reviewed in the conditional use approval process to ensure that the public health, safety and welfare is protected.

[4] Any physical modification to an existing site materially altering the size, type, location and/or number of wells or other accessory equipment shall require a revised conditional use approval under this chapter, including the reentering and drilling of an abandoned well or a well that has been active for more than two years from the time of conditional use approval.

(b) Conditional use application. A person or entity desiring approval of a conditional use application pursuant to this section shall submit a written application in a form prescribed by Township Council. The application shall not be considered complete and properly filed unless and until all items required by this section, including the application fee, have been received. In addition to the requirements set forth under the Hampton Township Code § 310-76, such application shall include the following information and plans:

[1] Payment of an application fee in the amount of $1,000 or in an amount to be determined from time to time by the Township Council of the Township of Hampton as adopted by a fee resolution. Said fee shall also include a requirement to deposit escrow funds in the amount of $7,500 to be drawn from by the Township for reimbursement of administrative and engineering and other professional fees associated with review and inspections to ensure compliance with this chapter. The Township may adjust the escrow amount from time to time as may reasonably be required. Escrow funds shall be maintained according to existing Township policies, and in accordance with applicable laws.

[2] Five paper copies and one electronic copy of the completed application form supplied by the Township along with supporting documentation as identified in this section.

[3] Written permission from the property owner(s) who has legal or equitable title in and to the proposed development or facility or demonstrable documentation of the applicant's authority to occupy the property for oil and gas development and production.

[4] The GPS NAD 1983 State Plane Pennsylvania South FIPS 3702 Feet location and 911 address of the wellsite.

[5] Copies of any and all permits and applications submitted to all applicable local, county, state and federal agencies. Permits and plans shall include but not be limited to the Pennsylvania Department of Environmental Protection (PADEP) well applications and permit, erosion and sediment control general permit-2, or current permit requirement, and all other required erosion and sedimentation, air, water and waste management permits. The applicant shall provide certification that a bond or other security is held by the PADEP.

[6] Site plan:

[a] Each application for a conditional use under this section shall have attached thereto a site plan. The site plan shall be provided both in hard copy and electronically in a format prescribed by the Township Engineer. The proposed site development plan shall be a stamped topographic plan, prepared by a professional engineer registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 200 feet, on a standard sheet size of 24 inches high by 36 inches wide. In addition to the requirements set forth under § 310-63, Subsection F, of the Hampton Township Code, the site plan shall include the following:

[i] Title block giving name of development, property owner, developer, North point, key location map, registration stamp, date and scale on a standard sheet size of 24 inches high by 36 inches wide, with index;

[ii] Property lines, zoning ordinance district boundary lines and total acreage of parcel proposed for development;

[iii] All existing streets, rights-of-way, and easements related to the development and any acreage leased in connection with the proposed well;

[iv] Identification of the owners and zoning classiciation of adjacent properties, including the location of any existing structures and driveway locations;

[v] The location of relevant natural features on site, including, but not limited to, streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees;

[vi] The location of relevant natural features abutting properties within 2,000 feet, including, but not limited to, streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees;

[vii] The location of structures on abutting property within 2,000 feet of common property lines, including, but not limited to, the location of any protected structures, the setback distances of protected structures from the oil and gas wellsite and copies of any waivers from owners of such protected structures;

[viii] The location of all oil and gas well structures, facilities, equipment or buildings, existing or proposed within 2,000 feet of the wellsite;

[ix] The location of existing structures, buildings and accessory uses on site;

[x] The location of vehicle and equipment cleaning and tire cleaning areas and a description of the proposed program for removing mud and other well-site-generated debris from public streets;

[xi] The location of proposed access roads;

[xii] Points of ingress and egress from access roads and the radius of those points, accompanied by AutoTURN templates;

[xiii] A stormwater management plan in accordance with Ordinance No. 815,[4] as amended, including the location of stormwater and sediment controls and/or any water impoundment, fresh and water impoundment, waste facilities;

[4] Editor's Note: See Ch. 266, Stormwater Management.

[xiv] The location, depth and profile of any proposed pipelines for water, gas, oil or other substance within 1,000 feet of the wellsite; and

[xv] The location, depth and profile of any existing or proposed transmission lines within 1,000 feet of the wellsite.

[7] Traffic study:

[a] A description of plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials and all other items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the development or facility. Such description shall include a map showing the planned vehicular access roads and the transportation infrastructure being proposed and the type, weight, number of trucks and delivery schedule necessary. The delivery schedule shall indicate anticipated daily volumes of commercial vehicles associated with the conditional use and differentiate between varying stages of development and operation.

[b] A traffic study shall be conducted to establish normal daily traffic volume for the access roads exclusive of activity related to the conditional use. Measurements shall indicate volumes on an hourly basis over a continuous fifteen-day period.

[c] An inventory, analysis and evaluation of existing road conditions on Township roads along the proposed transportation route identified by the application, including photography, video and core boring as determined to be necessary by the Township engineer(s).

[8] To the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a water withdrawal plan for the development identifying the source of water, how many gallons will be used and withdrawn each day, the origination of the water, proposed truck routes and all permits issued by the Commonwealth of Pennsylvania or any other governmental body. If the development is to be supplied by way of waterlines, the locations of all proposed waterlines are to be identified. The site for the treatment and disposal of the water shall also be identified. The use of nonpotable water sources is highly encouraged. The use of injection wells for disposal of fracking fluid is strongly discouraged. The applicant is required to use best management practices.

[9] To the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall identify the means and availability of the site for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials and other waste products.

[10] To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the development. The plan will identify but not be limited to gathering lines, compressors and other mid- and downstream facilities located within the Township and extending 800 feet beyond the Township boundary.

[11] The applicant shall provide a sufficient number of copies to the Township of the preparedness, prevention and contingency ("PPC") plan as defined in the PADEP document, "Guidelines for the Development and Implementation of Environmental Emergency Response Plans," or the most recent applicable guidance document, to be distributed to the Township Manager, the Emergency Management Coordinator, the Fire Chief and any other emergency service providers for the Township.

[12] Noise management plan:

[a] An acoustics study shall be prepared and submitted with the application. The study shall be prepared by an acoustics expert(s) acceptable to the Township. The study shall identify the existing background level of noise and the anticipated noise impact from the proposed use. The report shall contain measures of existing ambient noise level measurements, estimates of the noise measurements to be anticipated from the type of operations and equipment that are proposed for the use and if there are any significant increases in those noise levels. The report shall also contain specific proposals that are intended to reduce noise levels emanating off the site.

[b] The study shall be based upon actual sound level measurements and estimates of potential noise impact at the property lines of the site of the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on acoustics, in regards to the standards of this section.

[c] The noise level shall be established based on a test performed during a continuous seventy-two-hour time span which shall include at least one twenty-four-hour reading during either a Saturday or Sunday. The testing shall be done by a qualified noise control engineer or other qualified person approved by the Township and shall be in accordance with specifications ANSI S12.18-1994 Method II and ANSI S1.4-1971. The Township reserves the right to hire a third-party consultant to witness testing and review the results at the sole expense of the applicant. The sound level meters used shall meet the American National Standard Institute's standard for a Type I sound level meter.

[13] Environmental impact analysis:

[a] To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an environmental impact analysis. The environmental impact analysis shall describe, identify and analyze all environmental aspects of the site and of neighboring properties within 2,500 feet that may be affected by the proposed operations or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed by the Environmental Advisory Council, and Planning Commission, and approved by the Township Council. The environmental impact study shall include, but not be limited to, all critical impact areas on or off-site within 2,500 feet of the Wellsite that may be impacted by the proposed or ultimate use of the facility, including the impact on the critical areas, the protective measures and procedures to protect the critical areas from damage, and the actions to be taken to minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. "Critical impact areas" include, but are not limited to, stream corridors; streams; wetlands; slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines, indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance; and any other information as local conditions may necessitate or that is requested by the Environmental Advisory Council, Planning Commission or Township Council.

[b] An environmental impact statement, which shall include the following:

[i] A description of existing conditions relative to flora, fauna, air quality, groundwater locations and qualities, and notable geological features in the area of the property;

[ii] A description of existing conditions, including oil and gas well(s) or oil and gas development facility(ies), structures, buildings or equipment.

[iii] A historical record of previous drilling operations of the property;

[iv] A description of the proposed oil and gas well(s) operation(s), and associated facilities on the property;

[v] An assessment of the proposed oil and gas well(s) operation(s) on the property, abutting properties and surrounding uses; and

[vi] An assessment of the proposed oil and gas well(s) operation(s) on the property relative to flora, fauna, air quality, groundwater locations and qualities, and notable geological features in the area of the property;

[vii] Anticipated or projected impacts of the oil and gas well(s) at the time of installation, at one year post installation, at full production, at 10 years post installation and following the cessation of operations at the property; and

[viii] Any other information as local conditions may necessitate or that is requested by the Environmental Advisory Council, Planning Commission or Township Council.

[14] Air quality study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an air quality study. The study shall be prepared by experts acceptable to the Township and submitted with the application. The study shall reflect a technical approach generally accepted by PADEP and shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on air quality.

[15] Hydrogeological study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units, and herewith submitted or where no such permit is required, the applicant shall provide a hydrogeological study. The study shall be prepared by a hydrogeologist acceptable to the Township. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas that may be affected by the proposed use, map the groundwater table and analyze and delineate the effects of the proposed use on the hydrology, including surface and ground water quantity and quality. Acceptance of the study is subject to final approval by the Township Council. If the study shows an alteration to the groundwater, the application shall be denied.

[16] Pre-development and post-development soil testing. Prior to beginning any oil and gas development activities, the operator shall be responsible for testing soil conditions in accordance with PADEP best management practices within 2,000 feet of the edge of each wellsite. The purpose of testing is to determine the baseline soil conditions surrounding the proposed wellsite and address resultant changes that may occur or have an impact on the soils of the site and surrounding area.

[a] Pre-drilling testing results shall be submitted as part of the conditional use application.

[b] Post-hydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.

[c] The results shall be submitted to the Township and PADEP within 10 days of their receipt.

[d] The operator shall be responsible for all costs associated with testing and testing shall be done by an independent state-certified testing laboratory agreed upon by the Township.

[e] Remediation of soil contamination shall be in accordance with PADEP requirements, and all such efforts and results shall be reported to the Township.

[17] Conditional use approval is nontransferrable without consent from Township Council and shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of issuance of the approval, or if the necessary development activities to make the site operational are not completed within one year of being commenced. The conditional use approval may be extended by the Township Council upon written request by the operator, after notice and hearing. The operator shall provide proof that the requested conditional use permit for such location has not changed and that the operator meets all applicable requirements. Further development of a site that is beyond the scope of activities specifically evinced in the approved conditional use application shall require a new application, including but not limited to, additional accessory uses, different uses, or an increase in quantities of an approved use (such as the number of wells on a site).

[18] The applicant shall provide any and all property agreements, leases, and/or waivers from owners of protected structures.

[19] Scheduling. The applicant shall provide a schedule with the application indicating the anticipated beginning and ending dates for the following activities:

[a] Wellsite preparation;

[b] Drilling activity;

[c] Completion (perforating);

[d] Stimulation (hydraulic fracturing);

[e] Production work;

[f] Plugging; and

[g] Site restoration.

[20] Insurance. Applicant shall furnish to the Township a certificate of liability insurance naming the Township as an additional insured with respect to operations conducted within the Township, showing proof of liability insurance covering commercial, personal injury, and general liability in amounts not less than $25,000,000 per occurrence and exclusive of defense costs. The applicant shall fully defend, protect, indemnify, and hold harmless the Township, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any negligent, willful or intentional acts of the Township, its department, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage and umbrella coverage.

[21] A plan for usage and water impoundment, fresh, as well as water impoundment, waste, and disposal, identifying the source and amount of water to be used at or withdrawn from the wellsite, the proposed method of transport, treatment and/or disposal of waste water, including truck routes or pipeline routes, and the destination of any water to be tested or disposed of. No on-site burial or other disposal of drilling residuals or hydraulic fracturing chemicals or residuals is permitted.

[22] A ten-year master plan for oil and gas development in Hampton Township and adjacent communities within a twenty-air-mile radius. Such ten-year master plan shall describe and plot all well-pads, transmission lines, compression stations, processing plants, storage facilities, transportation facilities and other related infrastructure built, planned and anticipated by applicant or related third parties of applicant.

[23] Such other information pertinent to the proposed oil and gas well(s) and any other information as local conditions may necessitate or that is requested by the Environmental Advisory Council, Planning Commission, Township Council, the Township Engineer or Zoning Officer.

[24] Applicant shall demonstrate that its operations will not violate the citizens of Hampton Township's right to clean air and pure water as set forth in Article 1, Section 27, the Environmental Rights Amendment, of the Pennsylvania Constitution and that its operations will not affect the public health, safety or welfare of the citizens of Hampton Township. The applicant has the burden of proof and production relative to this requirement.

(c) General standards.

[1] Best management practices shall be followed.

[2] All permits issued by the PADEP shall be maintained, commencing at site construction and continuing throughout the duration of drilling and production testing operations. Any suspension, or revocation of permits or other penalties by PADEP shall be immediately reported to the Township and shall constitute a violation of conditional use approval and may result in the suspension of conditional use approval.

[3] The uses regulated by § 310-78, Subsection C(36), are determined to be land developments subject to the applicable provisions of the Township's Subdivision and Land Development Ordinance, codified at Chapter 280 of the Code of the Township of Hampton, as it may be amended.

[4] Any hazardous or toxic material shall be securely contained, stored and removed in accordance with applicable state or federal regulations. On-site disposal is prohibited. All hazardous materials stored must be clearly marked, identifying the contents, chemicals, and hazards as required by the OSHA Hazard Communication Standard 29 CFR 1910.1200 and National Fire Protection Association (NFPA) Code 704 - Standard System for the Identification of the Hazards of Materials for Emergency Response. All regulated tanks are to be labeled to a NFPA specification.

[5] Fracture fluid storage ponds, open pits and reserve pits are prohibited. Closed-loop systems and other related best management practices shall be used during the drilling or completion of any well.

[6] Water impoundments, fresh, are permitted. The use of nonpotable water is strongly encouraged.

[7] All operations shall be in accordance with applicable federal laws and regulations, the Pennsylvania Oil and Gas Act (58 P.S. § 601.101 et seq.), as amended, and pursuant to all other applicable rules, regulations and procedures adopted pursuant thereto.

[8] The operator shall be responsible for prevention and prompt removal of spills involving waste materials, oil and toxic or hazardous materials.

[9] Multiple well pads on any one wellsite shall be prohibited, unless the operator proves to the satisfaction of the Township that the underlying geology makes using a single well pad impractical.

[10] Changes in the site plan, including but not limited to any expansion of the ground surface area used and/or devoted towards drilling operations, requires a new conditional use approval pursuant to the terms and conditions of this section.

[11] Except for emergency and governmental compliance activity, hours of operation are limited to Monday through Saturday, 7:00 a.m. to 9:00 p.m. All deliveries and pickups incidental to the oil and gas development or facility must occur during the defined hours of operation. No activity shall occur on Sundays or holidays.

[12] At least 30 days prior to any development activity at the development or facility, the operator shall provide the following information in writing by U.S. mail or personal delivery to each property owner within 4,000 feet of the planned surface location of the development or facility. Proof of such notices shall be submitted to the Township Zoning Officer prior to commencing activity.

[a] A copy of the site plan submitted as part of the conditional use application;

[b] A general description of the planned operations at the development or facility and associated equipment to be used;

[c] The contact information for the operator; and

[d] The availability of the operator to hold a meeting locally with such residents to present the operator's plans for the development or facility and to allow for questions and answers. The meeting(s) shall be held prior to the commencement of development activity.

[13] A duly authorized representative of the Township, trained by the operator or agents of the operator, shall have the authority in relation to the enforcement of this section to enter upon the property of a development or facility for the purpose of inspecting the equipment and all other aspects of the site necessary to assure compliance with this section.

[14] The operator of any development or facility shall notify the Emergency Management Coordinator, Township Manager and Township Engineer no less than 90 days prior to the startup, cessation of activities, abandonment or shutdown of any wellsite.

[15] Wellheads shall be located not less than 250 feet from any protected structure and not less than 100 feet from the nearest property line. The use of a structure at the time of application shall determine whether it is within the definition of a "protected structure" for the purposes of this chapter.

[16] Conversion of existing, operational, or abandoned oil and gas wells for any purpose shall require the conditional use application and approvals for oil and gas wells adopted by this chapter.

(d) Natural gas compressor stations and natural gas processing plants.

[1] Natural gas compressor stations ("station") and natural gas processing plants ("plant") shall be permitted to occur on property whose overall acreage is a minimum of 10 acres or larger ("property"). Multiple contiguous parcels may be combined.

[2] The natural gas compressor station or natural gas processing plant shall maintain a minimum distance from protected structures, as set forth in the table below. The Township reserves the right to increase any setback based on physical characteristics of the site and evidence received at a hearing necessitating an increase in the minimum setback, including but not limited to topography, wind conditions, air modeling studies, woodlands, wetlands, hydrogeological studies, and distance from structures, parks, schools and residential neighborhoods as part of the conditional use review process.

[3] Natural gas compressor stations and natural gas processing plants shall be located with minimum setbacks from protected structures as follows:

Minimum Set Back Distances from Protected Structures (feet)
RA	250	NC	250
RB	250	CA	250
RC	250	CB	250
RD	250	HC	250
ORD	250	LI	250

[4] The application shall include all applicable items identified under § 310-78A(36)(b) and § 310-78A(36)(c) herein, except that information pertaining to natural gas compressor stations and plants and related operations, structures or facilities shall be provided in lieu of information pertaining to oil and gas wells.

[5] Compressors shall be located within a completely enclosed building, with doors, windows and other openings usually remaining closed to reduce noise heard offsite.

[6] No outdoor storage of materials or equipment is permitted.

[7] The minimum distance between any natural gas compressor stations shall be one mile.

[8] The station or plant may not be primarily powered by diesel, oil or gasoline fueled generators.

[9] Applicant shall, at its sole expense, provide site orientation and associated training to Township emergency services to all Township emergency services providers before operation begins and once per year thereafter. An emergency preparedness plan shall be submitted, prepared by an expert in emergency/hazardous materials response, which plan shall be reasonably satisfactory to the Township Police Chief, the Fire Chief of the fire company closest to the plant locations and the Township Emergency Management Coordinator.

(e) Tank pads.

[1] Tank pads shall be permitted to occur on property whose overall acreage is a minimum of five acres or larger. Multiple contiguous parcels may be combined.

[2] The application shall include all applicable items identified under § 310-78A(36)(b) and § 310-78A(36)(c) herein, except that information pertaining to tank pads shall be provided in lieu of information pertaining to oil and gas wells.

[3] Applications shall include tank certifications where applicable.

[4] Applications shall indicate the location, capacity, useful life, design, and intended use of all fixed tanks or storage containers and all mobile tanks or storage containers intended to remain on the site for more than three months.

[5] Temporary water storage facilities shall require a conditional use application as a tank pad if used for more than six months in a calendar year to support water storage for hydraulic fracturing operations.

(f) Traffic impact.

[1] The proposed routes must be designed to minimize the impact on streets within the Township. The Township reserves the right to designate alternate routes in the event that the applicant's proposed routes are deemed inadequate, unsafe or overly disruptive to normal vehicular traffic by the Township. Vehicles are to operate on state roads and may only use municipal roads when the use of state roads is not feasible. The operator shall coordinate truck routes with the school bus schedule so as to minimize interference with transportation of students to and from school.

[2] Prior to the commencement of any activity at the development or facility, the operator shall enter into a municipal roadway maintenance and repair agreement with the Township, in a form acceptable to the Township, regarding maintenance, repair and bonding of municipal roads that are to be used by vehicles for development activities. 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 at the conclusion of all development activities.

[3] The operator shall take the necessary safeguards to ensure that the municipal roads utilized remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are promptly swept and cleaned if dirt, mud and debris occur.

[4] The operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and or/adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and allowed, during periods of anticipated heavy or frequent truck traffic associated with the development of the facility, the operator will provide flagmen to ensure the public safety and include adequate signs and/or other warning measures for truck traffic and vehicular traffic. "Heavy truck traffic" shall mean a volume of commercial vehicles associated with the conditional use which exceeds the normal daily traffic volume established by the required traffic study by 25% or more in any eight-hour period.

[5] There will be no staging of trucks or equipment on local street(s) or road(s).

[6] A traffic control plan in conformance with Pennsylvania Department of Transportation (PennDOT) standards shall be provided.

(g) Visual.

[1] The oil and gas development or facility shall be located, designed and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance.

[2] The operator shall not clear brush or trees by way of burning and shall chip, grind or remove all tree stumps from properties it clears for development purposes.

[3] The location and design of structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area.

(h) Lighting.

[1] Lighting shall be in conformance with §§ 310-62B(3) and 310-66H.

[2] No wellsite lighting used for or associated with wellsite construction, drilling operations or post-drilling production shall be positioned in a manner such that it shines directly on public roads, protected structures, or any property within 2,000 feet of the wellsite. Wellsite lighting must be directed downward and shielded to prevent glare on public roads and adjacent properties.

[3] Upon complaint by the occupants of a nearby property of lighting generated at the wellsite which constitutes a nuisance, the operator will meet with the Township and the complainant or his/her representative within three days of receipt of the complaint to establish a feasible and effective way of remedying such issues. The operator will reimburse the Township for the cost of consultants or other investigation needed to address such complaints. For the purposes of this section, "nearby properties" shall be properties located within 2,000 feet of the wellsite.

(i) Air and water quality.

[1] Air-contaminant emissions shall be in compliance with all municipal, county, state and federal regulations, including, without limitation, the provisions of the Code of the Township of Hampton, as amended, and all applicable regulations for smoke, ash, dust, fumes, gases, odors and vapors.

[2] The operator shall take the necessary safeguards to ensure appropriate dust-control measures are in place to prevent visible plumes of dust from crossing the property line or adversely impacting neighboring properties.

[3] Sixty days prior to drilling, the operator shall notify residents with water wells within 2,000 feet of the gas well of its intentions to drill. The operator shall provide proof of notice to the Township.

[4] All condensate tanks, compressor stations, processing plants and other production facilities shall be equipped with vapor recovery and/or vapor destruction units.

[5] Upon complaint by the occupants of a nearby property of odors generated at the wellsite, the operator will meet with the Township and the complainant or his/her representative within three days of receipt of the complaint to establish a feasible and effective way of controlling any such odors. The operator will reimburse the Township for the cost of consultants or other investigation needed to address odor complaints. For the purposes of this section, "nearby properties" shall be properties located within 2,000 feet of the wellsite.

(j) Noise.

[1] Except for emergency and governmental compliance activity, or as otherwise provided by this section, noise shall be regulated by § 310-62B(1).

[2] Noise limitations.

[a] The noise generated during drilling and hydraulic fracturing activities 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):

[i] During drilling activities, by more than seven decibels during the hours of 7:00 a.m. to 9:00 p.m.;

[ii] During drilling activities, by more than five decibels during the hours of 9:00 p.m. and 7:00 a.m.; or

[iii] By more than 10 decibels during hydraulic fracturing operations.

[b] The operator shall inform the Township in writing of which level (average ambient noise level or default level) is being used.

[3] The operator shall provide for ongoing regular noise level monitoring at a station to be located at or near 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. The noise monitoring data acquired at this station shall be made available to the Township upon request.

[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

NOTE:
*	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 for any lawful purpose, within 2,000 feet from the wellhead or equipment generating noise during oil and/or gas production, drilling or fracking 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 the complainant's building of:

[a] The complainant's protected structure property line nearest to the wellsite or equipment generating the noise; or

[b] One hundred feet from the protected structure.

[6] Once the monitoring is complete, operator will provide the monitoring data to the Township within two business days and will meet with Township representatives and affected property owners and will within one week of the meeting submit a noise abatement plan to effectively mitigate any noise exceeding the permitted levels. In determining the noise mitigation measures to be employed, the Township may, at the expense of the operator, utilize the services of a consultant with expertise in noise measurement, noise abatement and oil and gas well drilling and operation.

[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 (i) an exhaust muffler or (ii) 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] In cases where noise has exceeded permitted levels, oil and gas well drilling rigs shall be outfitted with acoustic barrier insulation blankets installed in accordance with best management practices.

(k) Hazards.

[1] Upon request of the Emergency Management Coordinator, the operator shall, prior to drilling its first gas or oil well in the Township, make available, with at least 30 days' notice, at the applicant's sole cost and expense, an appropriate group training program for emergency responders and Township code enforcement personnel. Such training shall be made available at least annually during any year that drilling activities take place at the oil and/or gas development or facility. Training should cover each phase of the development from site work to well completion. The Township shall require a minimum of four hours of annual training, with additional hours added at the recommendation of the Fire Chief annually. If additional wells are drilled at the site, the operator and Emergency Management Coordinator will determine if additional training is required.

[2] The applicant shall maintain at the property and on file with the municipality a current list and the material safety data sheets (MSDS) for all chemicals used in the drilling operations (including but not limited to types of additives, acids, polymers, salts, surfactants and solvents) and in any fracturing operations. If the PPC requires availability and/or utilization of special equipment or supplies particular to the hazards or conditions addressed in the PPC, the Township shall require the operator to reimburse the Township for the cost of procurement of such special equipment or supplies.

(l) Access.

[1] Beginning with its intersection with a public street, any ingress or egress point for the development or facility shall be paved for the first 150 feet and improved with limestone or other similar material for the next 100 feet in a manner that no water, sediment, or debris will be carried onto any public street. If any amount of mud, dirt or other debris is carried onto public or private rights-of-way from the wellsite, the operator shall immediately clean the roads and implement a remedial plan as directed by the Township to keep the streets continuously clean.

[a] The first 150 feet from the existing edge of pavement extending into the site shall consist of the following material:

[i] Compacted subgrade.

[ii] PennDOT Class 4 geotextile fabric.

[iii] Eight inches of AASHTO No. 1 crushed aggregate base course.

[iv] Two inches of PennDOT 2A aggregate.

[v] Six inches of superpave 25 mm binder course that shall be covered with 1 1/2 inches of 9.5 mm wearing surface.

[b] The remainder of the driveway to the well pad shall be constructed with the following material:

[i] Eight inches of AASHTO No. 1 crushed aggregate base course.

[ii] Two inches of PennDOT 2A aggregate.

[2] Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to:

[a] Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2.

[b] Ensure adequate capacity for existing and projected traffic volume.

[c] Provide efficient movement of traffic, including appropriate turning radii and transition grade.

[d] Minimize hazards to highway users and adjacent property and human activity.

[3] All applicable permits or approvals must be obtained, including, without limitation:

[a] Access or driveway permits to state or county roads.

[b] Overweight or oversize loads.

[4] Site plans shall indicate points of ingress and egress from access roads and the radius of those points, and be accompanied by Auto TURN templates.

(m) Geophysical exploration/seismic testing. For any areas of the Township where the applicant intends to conduct seismic testing, the applicant shall obtain a permit in accordance with the Geophysical Exploration/Seismic Testing Ordinance.[5]

[5] Editor's Note: See Ch. 159, Geophysical and Seismic Testing.

(n) Storage of equipment.

[1] No equipment, including drilling, redrilling, reworking or other portable equipment, shall be stored on the development or facility which is not essential to the everyday operation of the development or facility. This includes the removal of idle equipment unnecessary for the operation of wells.

[2] Lumber, pipes, tubing and casing shall not be left on the wellsite development or facility except when drilling or well-servicing operations are being conducted on the site.

[3] It shall be illegal to park or store any vehicle or item of machinery on any street, right-of-way or in any driveway, alley or on the wellsite development or facility which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except that equipment which is necessary for the maintenance of the wellsite development or facility or for the gathering or transporting of hydrocarbon substances from the site.

(o) Fencing, screening and buffering.

[1] Security fencing consisting of a permanent galvanized chain-link fence, a minimum of eight feet in height, installed prior to the commencement of any activity at every wellsite to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the wellsite.

[2] Security fencing shall be equipped with lockable gates at every access point, and having openings no less than 12 feet wide. Gates shall be kept locked except when being used for access to the site. Additional lockable gates used to access the wellsite, freshwater ponds or open pits by foot may be allowed, as necessary. The fence posts shall be set in concrete at sufficient depths to maintain the stability of the fence.

[3] The Township's first responders shall be given means to access the wellsite in case of an emergency via lock box or a Township-approved equivalent. The applicant must provide the Allegheny County 911 Communications center with necessary information to access the wellsite development or facility in case of an emergency.

[4] Warning signs shall be placed on the fencing surrounding the wellsite development or facility, 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 wellsite.

[5] In construction of the wellsite or oil and/or gas development or facility, the natural surroundings shall be considered and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible.

[6] Buffers shall be used in accordance with § 310-59 of the Hampton Township Code of Ordinances.

[7] In addition to screening, the developer shall submit a general landscaping plan, including foundation planting around structures. Any landscaping strip along a Township right-of-way shall be composed of plantings that will not block clear views for vehicles entering or leaving the premises.

(p) Setback and acreage.

[1] Oil and/or gas wells shall be permitted to occur on a property whose overall acreage is a minimum of 10 acres or larger ("property"). Multiple property owners can combine adjoining parcels to achieve the minimum acreage required.

[2] The wellsite shall maintain a minimum distance from protected structures, as set forth in the table below. The Township reserves the right to increase any setback based on physical characteristics of the site and evidence received at a hearing necessitating an increase in the minimum setback, including but not limited to topography, wind conditions, air modeling studies, woodlands, wetlands, hydrogeological studies, and distance from structures, parks, schools and residential neighborhoods as part of the conditional use review process.

[3] In no case shall setbacks be less than 1 1/2 times the height of the structure, whether temporary or permanent.

[4] Oil and/or gas wells shall be located with minimum setbacks from protected structures as follows:

Minimum Set Back Distances from Protected Structures (feet)
RA	250	NC	250
RB	250	CA	250
RC	250	CB	250
RD	250	HC	250
ORD	250	LI	250

(q) Structure height. Permanent structures of the oil and gas developments and facilities (both principal and accessory) shall comply with the height regulations of the applicable zoning district.

(r) Oil and gas development facilities.

[1] The following requirements shall apply to oil and/or gas development facilities which employ the use of compressors, motors or engines as part of the operations and/or produce air-contaminant emissions or offensive odors, oil and gas subsurface facilities, including horizontal drilling facilities, gathering system facilities and production facilities.

[a] All noise-generating equipment and processes shall be contained within a completely enclosed building, and windows and doors shall remain closed during operations.

[b] Adequate public utilities shall be available to meet the demands of the facility.

[c] The front, rear and side yard requirements shall be a minimum of 200 feet.

[d] The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent streets and properties.

[e] The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Code of the Township of Hampton, the PADEP and the United States Environmental Protection Agency.

[f] Secondary containment shall be provided at sites utilizing liquid separators.

[g] Compressors and other power-driven equipment shall use sparkless electrical motors, when practicable, as an alternative to internal combustion motors.

[h] If an internal combustion engine is used, it shall not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and disruptive vibrations and the ignition of carbon or soot. All such equipment shall be maintained in good operating condition according to manufacturer's specifications.

[i] A security fence, as specified in Subsection A(36)(o), Fencing, screening and buffering, of this subsection, shall be set back at least 10 feet from the property line and 20 feet from a public right-of-way.

(s) Developers' agreement. Applicant and any subcontractors associated with the development of the oil and gas well operation shall be required to sign upon receiving conditional use approval a developers' agreement, prepared by the Municipal Solicitor. Such developers' agreement shall contain the conditions of approval as granted by Council and hold all parties responsible for compliance with those conditions.

(t) On-site living quarters. On-site living quarters shall be prohibited except for during critical operations as determined by industry standards. In the event that on-site living quarters are utilized during critical operations, the Township and local emergency response coordinators shall be notified in writing on a daily basis of the location and number of occupants of any on-site living quarters.

(37) Tower-based wireless communications facilities and nontower wireless communications facilities. The granting of conditional use for tower-based wireless communications facilities and nontower wireless communications facilities shall be subject to the following express standards and criteria in addition to the submittal of a revised site plan:

(a) General Requirements for All nontower wireless communications facilities.

[1] The following regulations shall apply to all nontower wireless communications facilities located within the Township, including those inside the public rights-of-way:

[a] Permitted in all zones subject to regulations. Nontower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

[b] Standard of care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

[c] Wind. All nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).

[d] Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

[e] Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[f] Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[g] Removal. In the event that use of a nontower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

[i] All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

[ii] If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

[h] Timing of approval. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

[i] Insurance. Each person that owns or operates a nontower WCF shall provide the Township with 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 nontower WCF.

[j] Indemnification. Each person that owns or operates a nontower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the nontower WCF. Each person that owns or operates a nontower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a nontower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

[k] Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[i] The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[ii] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

[iii] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

[2] The following regulations shall apply to all nontower wireless communications facilities, such as antennae, that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

[a] Permit required. Applicants proposing the modification of an existing Tower-based WCF shall obtain a permit from the Township zoning office. In order to be considered for such permit, the applicant must submit a permit application to the Township zoning office.

[b] Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 25 feet of a lot in residential use or zoned residential.

[c] Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF or $1,000, whichever is less.

[3] In addition to the regulations in Subsection A(37)(a), the following additional regulations shall apply to all nontower wireless communications facilities, such as antennae, that do substantially change the wireless support structure to which they are attached:

[a] Permitted in all zones subject to regulations. Nontower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township. In residential districts, the height of an antenna shall not exceed 20 feet and shall be located not closer than 25 feet to any property line.

[b] Prohibited on certain structures. Nontower WCFs shall not be located on single-family detached residences or single-family attached residences. Nontower WCFs greater than 10 feet in height shall be prohibited on residential accessory structures.

[c] Permit required. Any applicant proposing the construction of a new nontower WCF, or the modification of an existing nontower WCF, shall first obtain a permit from the Township Zoning Office. New construction and modifications shall be prohibited without a permit. After receipt of the permit application, the Township Zoning Officer shall determine whether zoning relief is necessary under the Township Code.

[d] Historic buildings. No nontower WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.

[e] Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[f] Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF, as well as related inspection, monitoring and related costs.

(b) Nontower wireless facilities outside the rights-of-way.

[1] The following additional regulations shall apply to nontower wireless communications facilities located outside the rights-of-way that do substantially change the wireless support structure to which they are attached:

[a] Development regulations. Nontower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, if possible, subject to the following conditions:

[i] The total height of any support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district, unless the applicant obtains a variance.

[ii] In accordance with industry standards, all nontower WCF applicants must submit documentation to the Township justifying the total height of the nontower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

[iii] If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the requirements for the applicable underlying zoning district.

[iv] A security fence of eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

[b] Design regulations.

[i] Nontower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

[ii] Noncommercial usage exemption. Township citizens utilizing satellite dishes and antennae for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the design regulations enumerated in this section.

[c] Removal, replacement, modification.

[i] The removal and replacement of nontower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennae.

[ii] Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.

[d] Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any nontower WCF for numerous factors, which include but are not limited to, visual impact, design, and safety standards.

[e] Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(c) Nontower Wireless Facilities in the public rights-of-way.

[1] The following additional regulations shall apply to all nontower wireless communications facilities located in the public rights-of-way:

[a] Co-location. Nontower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant shall locate its nontower WCFs on existing poles that do not already act as wireless support structures.

[b] Design requirements:

[i] WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

[ii] Antennae and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

[c] Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

[d] Equipment location. Nontower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

[i] In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.

[ii] Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

[iii] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

[iv] Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[v] Any proposed underground vault related to nontower WCFs shall be reviewed and approved by the Township.

[e] Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[i] The construction, repair, maintenance or installation of any Township or other public improvement in the Right-of-Way;

[ii] The operations of the Township or other governmental entity in the right-of-way;

[iii] Vacation of a street or road or the release of a utility easement; or

[iv] An emergency as determined by the Township.

[f] Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any nontower WCF for numerous factors, which include but are not limited to, visual impact, design, and safety standards.

(d) General requirements for all tower-based wireless communications facilities.

[1] The following regulations shall apply to all tower-based wireless communications facilities in the Township:

[a] Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

[b] Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Township.

[c] Conditional use authorization required. Tower-based WCFs are permitted in certain zoning districts and along certain public rights-of-way by conditional use and only in such location within such districts, and along such rights-of-way, and at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the proposed tower-based WCF is the minimum height necessary for the service area.

[i] Prior to Council's approval of a conditional use authorizing the construction and installation of tower-based WCF in a zoning district where the same is a permitted conditional use, it shall be incumbent upon the applicant for such conditional use approval to prove to the reasonable satisfaction of Council that the applicant cannot adequately extend or infill its communications system by the use of equipment such antennae installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The applicant shall further demonstrate that the proposed WCF must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.

[ii] The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment.

[iii] The conditional use application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

[iv] The conditional use application shall be accompanied by documentation that the proposed tower-based WCF complies with all applicable provisions set forth in the Hampton Township Zoning Code.

[d] Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.

[e] Visual appearance. Tower-based WCFs shall employ stealth technology which may include the tower portion to be painted silver or another color approved by Council, or shall have a galvanized finish. All wireless communications equipment buildings and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

[i] Township Council shall reserve the right to require that:

[A] Commercial communications antenna support structures be painted to match their surroundings (i.e., painted green up to the treeline); and

[B] Wireless communications equipment be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.

[ii] In making these determinations, Council shall consider whether its decision will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

[f] Co-location and siting. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or on Township property. Council may deny an application to construct a new tower-based WCF if the applicant has not made a good faith effort to mount the commercial communications antenna(s) on an existing structure as set forth in this section. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

[i] The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

[ii] The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower, and the interference cannot be prevented at a reasonable cost.

[iii] Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

[iv] A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

[g] Permit required for modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the Township Zoning Office. Nonroutine modifications shall be prohibited without a zoning permit.

[h] Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs.

[i] Additional antennae. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.

[j] Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).

[k] Site plan. A full site plan shall be required for all tower-based WCFs greater than 100 feet in height, showing all existing and proposed structures and improvements, including but not limited to the commercial communications antenna(s), commercial communications antenna support structure, building, fencing, buffering and ingress and egress.

[l] Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any tower-based WCF which is not located in the public ROW shall not exceed the maximum height of the underlying zoning district by more than 25 feet.

[m] Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[n] Maintenance. The following maintenance requirements shall apply:

[i] Any tower-based WCF shall be fully automated and unattended on a daily basis.

[ii] Any tower-based WCF shall be tested on a regular basis, during midday hours.

[iii] Maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

[iv] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

[o] Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[p] Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or which is included in the official historic structures and/or historic districts list maintained by the Township.

[q] Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.

[r] Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

[s] Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

[t] Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

[u] Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[v] Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.

[w] Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section. Co-location on nonconforming structures and tower-based WCFs shall be permitted.

[x] Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

[i] All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.

[ii] If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

[iii] Any unused portions of tower-based WCFs, including antennae, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

[y] Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs.

[z] FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility. All such information shall be accompanied by a certification signed by two officers of the applicant, provided that, after due inquiry, the information being supplied is true and correct to the best of their knowledge, information and belief. The applicant shall also provide the Township Secretary with copies of all applicable federal regulations with which it is required to comply and a schedule of estimated FCC inspections.

[aa] Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any nontower WCF for numerous factors, including but not limited to visual impact, design, and safety standards.

[bb] Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township with 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 each tower-based WCF.

[cc] Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times, against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

[dd] Engineer signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structural engineer licensed in the Commonwealth of Pennsylvania.

[ee] Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

(e) Tower-based facilities outside the rights-of-way.

[1] The following additional regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

[a] Development regulations.

[i] Location. No tower-based WCF shall be located in an area in which utilities are underground.

[A] Such tower-based WCFs may be located in the following zoning districts.

	{1}	CA Conservation A District.
	{2}	CB Conservation A District.
	{3}	HC Highway Commercial District.
	{4}	HI Heavy Industrial District.
	{5}	LI Light Industrial District.
	{6}	ORD Office Research and Development District.
	{7}	PRD Planned Residential District.
	{8}	RC Residential C District.
	{9}	RD Residential D District.

[B] Such tower-based WCFs shall not be located in, or within 75 feet of, any area in which utilities are underground.

[C] Such tower-based WCFs shall not be located within 250 feet of an existing dwelling in an RA or RB District.

[D] If such tower-based WCF is greater than 150 feet in height, it shall not be located within 2,000 feet of another existing tower-based WCF greater than 150 feet in height, such distance being measured from property line to property line.

[ii] Site requirements. A tower-based WCF may be located as permitted in the district regulations, subject to all of the conditions listed in this section.

[iii] Sole use on a lot. A tower-based WCF shall be permitted only as a sole use on a lot, provided that the underlying lot is a minimum of one acre. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure height.

[b] Design regulations:

[i] The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. In addition to the design requirements enumerated in Subsection A(37)(d), the application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

[ii] To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.

[iii] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.

[iv] Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

[c] Surrounding environs:

[i] The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

[ii] The WCF applicant shall submit a soil report to the Township complying with the standards of "Appendix I: Geotechnical Investigations, ANSI/TIA-222," as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

[d] Fence/screen:

[i] A security fence having a height of eight feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

[ii] Landscaping. Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. Township Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of Council, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

[e] Accessory equipment:

[i] Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.

[ii] All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

[f] Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

[g] Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces, or one space per employee, whichever is greater.

[h] Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(f) Tower-based facilities in the rights-of-way.

[1] The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

[a] Location.

[i] Tower-based WCFs 40 feet or shorter in height are prohibited in areas in which utilities are located underground.

[ii] Tower-based WCFs 40 feet or shorter in height shall not be located in the front facade zone of any structure.

[iii] Tower-based WCFs 40 feet or shorter in height shall be permitted along certain collector roads and arterial roads throughout the Township, regardless of the underlying zoning district, provided that they are not situated within 50 feet of an area in which utilities are underground. A map of such roads is kept on file at the Township Zoning Office.

[b] Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

[c] Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

[i] In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

[ii] Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

[iii] Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.

[iv] Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[v] Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.

[2] Design regulations.

[a] The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. In addition to the design requirements enumerated in Subsection A(37)(d), the application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

[b] Tower-based WCFs in the public ROW shall not exceed 40 feet in height.

[c] To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the Township, and shall not increase the overall height of the tower-based WCF to more than 40 feet.

[d] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.

[3] Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[a] The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

[b] The operations of the Township or other governmental entity in the right-of-way;

[c] Vacation of a street or road or the release of a utility easement; or

[d] An emergency as determined by the Township.

[4] Reimbursement for ROW use. In addition to permit fees as described in this section, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.

(38) Shared uses of towers or existing structures. The shared use of towers and/or existing structures, such as water tanks, steeples, electric transmission towers, and buildings shall be encouraged; if shared use of an existing tower or structure is proposed, the applicant shall demonstrate that it is in compliance with all of the conditions of Subsection A(38)(d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n) and (p) hereof, and shall be subject further to the following express standards and criteria:

(a) No antenna or groups of antennas upon a tower or placed upon an existing structure shall have, or create, an additional height to the structure of more than 20 feet; with the exception of amateur radio antennas.

(b) No antenna shall be located within 250 feet of an existing dwelling in a residential district, i.e., RA, RB, RC, and RD Zoning Districts, with the exception of amateur radio antennas, or 500 feet of an existing school, hospital, or similar use, measured from the antenna(s) to the nearest property line of such uses.

(c) No antenna shall be located or situated within 750 feet of another antenna; except that antennas may be located or situated upon the same tower or upon the same structure.

(d) No antenna may be erected upon any structure having historical designation or which is recognized as an historic structure.

(e) Each provider of personal wireless service facilities proposing to erect an antenna upon a structure, tower or other facilities shall be required to obtain approval of the enlargement or expansion of the conditional use, and shall be required to execute applications for enlargement or expansion of said conditional use, which will be submitted to the Township Council for a conditional use hearing.

(39) Amateur radio antennas. All amateur radio antennas operated by a federally licensed amateur radio operator as part of the amateur radio service may be permitted as a conditional use in Residential A, Residential B and Residential C Zoning Districts, provided the radio structure and antennas comply with the following criteria:

(a) Antennas installed on, or attached to, any existing building or other structure, or freestanding may not exceed a height of 80 feet in its fully extended position, measured from the base elevation to the top of the supporting tower, mast or pole, excluding any antennas, provided they shall be set back from any property line or public street right-of-way a minimum distance of 100% of the tower height or greater, if necessary, to guarantee that, in the event of collapse, the structure shall not fall on any adjacent property and all icefall or debris from tower failure shall be contained on the tower site. In the event an applicant contends that such applicant is unable to receive or transmit the necessary signal required or which complies with FCC regulations, then such applicant may request a hearing before the Council of the Township of Hampton wherein such applicant shall demonstrate through the use of engineering data, expert testimony, or such other means or methods as such applicant deems appropriate to seek an accommodation regarding the height of the antenna.

(b) Any freestanding towers, poles, masts, supporting guy wires or antenna shall not intrude into the airspace of an abutting lot, as if a plane was drawn vertically on the lot line. Furthermore, such equipment shall follow all FCC regulations.

(c) A building permit shall be required for the erection or construction of a freestanding or building-mounted tower, pole, mast or antenna.

(d) No antenna shall be permitted in any front yard.

(e) The antenna must be erected to comply with manufacturer requirements and accepted engineering standards.

(f) Only one amateur radio antenna or one amateur radio antenna system is permitted per lot.

(g) Lights and signs may be placed on the antenna only if and to the extent required by the FAA.

(40) Small wind energy conversion systems (SWECS). SWECS may be permitted as a conditional use in Residential A, Residential B and Residential C Zoning Districts, provided the SWECS and supporting structure comply with the following criteria:

(a) SWECS installed on, or attached to, any existing building or other structure, or freestanding may not exceed a height of 50 feet measured from the base elevation to the top of the structure, provided they shall be set back from any property line or public street right-of-way a minimum distance of 100% of the total SWECS height or greater. No part of the system, including guy wire anchors, may extend closer than 10 feet to the property boundaries on the installation site.

(b) A concrete base shall be required having the capability to support the SWECS and any appurtenances.

(c) A building permit shall be required for the erection or construction of any SWECS.

(d) No SWECS may be installed in a front yard.

(e) Only one SWECS shall be permitted per lot.

(f) The SWECS must be erected/installed to comply with manufacturer requirements and accepted engineering standards, including provisions for lightning strikes.

(g) Unless required by the FFA, lighting and signage shall be prohibited on any SWECS, nor shall lighting be located in such a manner as to illuminate the system.

(h) Any sound that may be produced by the SWECS shall not exceed 55 decibels at the property line. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

(i) SWECS that are inoperable for six consecutive months must be repaired or removed at the owner's expense within six months of receiving notification.

(j) Clearance of blades. No portion of the SWECS shall extend within 20 feet of the ground. No blades may extend over parking areas, driveways or sidewalks.

(k) All SWECS shall be equipped with manual (electronic or mechanical) and automatic overspeed controls to limit the blade rotation speed to within design limits of the system.

(41) Selfstorage facilities (HC and LI Zoning Districts).

(a) "Self-storage facility" means a building or group of two or more buildings containing one or more individual, self-contained, compartmentalized storage units for inside storage of business and household goods where no individual unit within said building or buildings exceeds 500 square feet in floor area, the operation and maintenance of which facility is subject to the terms of the Pennsylvania Self-Service Storage Facility Act, 73 P.S. § 1901 et seq.

(b) Primary siding includes any exterior finish that exceeds 15% of any facade.

(c) Self-storage facilities shall conform to the following design criteria, rules and regulations:

[1] Vehicular access to the self-storage facility shall primarily be from an arterial or collector street.

[2] The location of entrances and exits shall be clearly marked with on-lot circulation delineated by on-premises directional signs or pavement markings.

[3] All parking and loading areas shall be paved and properly drained in accordance with the off-street parking and loading requirements of this chapter.

[4] In addition to required parking and loading area, adequate stacking space for vehicles awaiting loading and unloading shall be provided.

[5] The minimum lot area shall be at least five acres.

[6] A manager's office may be permitted as an accessory use thereto. Sanitary facilities shall be located indoors.

[7] Outdoor lighting shall be installed in such a manner as to be directed away from adjacent residential uses and shall be shielded to prevent spillage of light onto adjoining properties.

[8] The exterior finish of the any self-storage facility shall consist primarily of stucco or masonry (such as brick or split face block) type materials. Thirty percent of the front faced shall be high-performance glass.

[9] All buildings within a self-storage facility shall be situated so as to comply with the minimum yard requirements set forth in Article X of this chapter. Bufferyards in accordance with § 310-59 of this chapter shall be maintained along all lot lines.

[10] The perimeter of the site shall be fenced with a minimum six-foot-high fence with self-latching gate. Fencing shall be of a type approved by the Planning Commission. Chain link and/or privacy fencing shall be prohibited along any street frontage.

[11] No building within a self-storage facility shall exceed 300 feet in length.

[12] No door openings accessing storage units shall face an adjacent residential use unless screened from view with landscaping, mounding or other buffers.

[13] Storage units may not be equipped with sanitary sewer service.

[14] In no event shall storage units be designed to accommodate nor shall they be used for the storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals, including propane or gasoline engine or storage tanks, and the use of a self-storage facility for the same is prohibited.

[15] The following activities are prohibited in conjunction with this use:

[a] Retail sales other than the ancillary sale of supplies such as boxes, tape or similar products to those leasing individual units within the self-storage facility (disposal of abandoned goods pursuant to the Self-Storage Facility Act shall be permitted);

[b] The servicing, repair or fabrication of engines, motor vehicles, boats, trailers, lawn mowers, appliances, furniture, or other similar equipment;

[c] The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment; and

[d] Transfer and storage businesses.

[16] Wall signage shall be limited to 100 square feet for each allowable sign or meet the wall size limitations of Article XIV, whichever is lesser. Freestanding/pole signs shall be limited to 100 square feet per side. Monument signs shall meet the requirements of Article XIV.

[Amended 5-24-2017 by Ord. No. 796]

[17] Fire hydrants shall be installed as required by the HSWA and/or HTVFD Fire Chief(s).

[18] Front setback from a road right-of-way shall be 150 feet in the Highway Commercial District.

(42) Massage therapy establishments may be allowed as a conditional use in the Highway Commercial District [see § 310-38C(14)], subject to the following expressed standards and criteria:

[Added 9-26-2018 by Ord. No. 811]

(a) All massage therapists employed by the massage therapy establishments shall be licensed to practice massage therapy under, the Massage Therapy Law of Pennsylvania, 63 P.S. §§ 627.1 through 627.50 as amended from time to time. Said license shall be issued by the State Board of Massage Therapy pursuant to Chapter 20 of the Pennsylvania Code, §§ 20.1 through 20.54.

(b) Hours of operation shall be restricted to 8:00 a.m. to 8:00 p.m., prevailing time. As part of its decision, the Hampton Township Council may further regulate the hours of operation for the facility in order to prevent adverse impacts on adjoining properties.

(c) The massage therapist licensed by the State Board of Massage Therapy shall operate in full compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Allegheny County Health Department.

(d) A massage therapy establishment shall be initially licensed by the Township, where it has met the applicable requirements set forth in the Hampton Township Code of Ordinances. The license shall be valid through December 31 of the year in which the license is issued. For each year thereafter that massage therapy establishment intends to continue as a massage therapy establishment, it must seek from the Township Manager a renewal of this license. The application for renewal must be received by the Township Manager no later than November 1 of the year preceding the year in which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Township to deny or revoke an occupancy permit to a massage therapy establishment.

(e) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(f) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Hampton Township Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(g) To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(h) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(43) Fireworks facility may be allowed as a conditional use in the Highway Commercial District [see § 310-38C(15)], subject to the following expressed standards and criteria:

[Added 11-28-2018 by Ord. No. 817]

(a) The fireworks facility shall be licensed by the Department of Agriculture exclusively dedicated to the storage and sale of consumer fireworks and related items, and the fireworks facility shall operate in accordance with the specific rules set forth in Section 2409 of Act 43 of 2017, the Pennsylvania Fireworks Law, as amended from time to time.

(b) The fireworks facility licensed by the Department of Agriculture shall operate in full compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania, the National Fire Protection Association, APA Standard 87-1, Standard 1124 and the Department of Agriculture.

(c) The fireworks facility shall comply with the provisions of the act of November 10, 1999 (P.L. 491, No. 45), known as the Pennsylvania Construction Code Act.

(d) The fireworks facility shall be a stand-alone permanent structure.

(e) Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation.

(f) The fireworks facility shall be located no closer than 250 feet from a facility selling or dispensing gasoline, propane or other flammable products.

(g) The fireworks facility shall be located at least 1,500 feet from another facility licensed to sell consumer fireworks.

(h) The fireworks facility shall have a monitored burglar and fire alarm system.

(i) Quarterly fire drills and preplanning meetings shall be conducted as required by the primary fire department.

(j) There shall be security personnel on the premises for the seven days preceding and including July 4 and for the three days preceding and including January 2.

(k) No smoking shall be permitted in the fireworks facility.

(l) No cigarettes or tobacco products, matches, lighters or battery-operated ignitors, or any other flame-producing devices, shall be permitted to be taken into the fireworks facility.

(m) No minors shall be permitted in the fireworks facility unless accompanied by an adult, and each minor shall stay with the adult in the fireworks facility.

(n) All facilities shall carry at least $2,000,000 in public and product liability insurance.

(o) A licensee shall provide its employees with documented training in the area of operational safety of a fireworks facility. The licensee shall provide to the Department of Agriculture written documentation that each employee has received the training.

(p) No display fireworks shall be stored or located at a fireworks facility.

(q) No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the fireworks facility, and no liquor, beer or wine shall be permitted in the fireworks facility.

(r) Emergency evacuation plans shall be conspicuously posted in appropriate locations within the fireworks facility.

(s) All fireworks facilities must fully comply with the Pennsylvania Fireworks Law.

(t) Temporary fireworks structure. A temporary fireworks structure selling fireworks shall secure a temporary structure permit from the Township, subject to the following standards and criteria:

[1] The temporary fireworks structure is located no closer than 250 feet from a facility storing, selling or dispensing gasoline, propane or other flammable products.

[2] An evacuation plan is posted in a conspicuous location for a temporary fireworks structure in accordance with NFPA 1124.

[3] The outdoor storage unit, if any, is separated from the wholesale or retail sales area to which a purchaser may be admitted by appropriately rated fire separation.

[4] The temporary fireworks structure complies with NFPA 1124 as it relates to retail sales of consumer fireworks in temporary firework structures.

[5] The temporary fireworks structure is located one of the following distances from a permanent facility licensed to sell consumer fireworks under the act of May 15, 1939 (P.L. 134, No. 65), referred to as the Fireworks Law, at the time of the effective date of this article:

[a] Prior to January 1, 2023, at least five miles; and

[b] Beginning January 1, 2023, at least two miles.

[6] The temporary fireworks structure does not exceed 2,500 square feet.

[7] The temporary fireworks structure is secured at all times during which consumer fireworks are displayed within the structure.

[8] The temporary fireworks structure has a minimum of $2,000,000 in public and product liability insurance.

[9] The sales period is limited to June 15 through July 8 and December 21 through January 2 of each year.

[10] Consumer fireworks not on display for retail sale must be stored in an approved permanent structure.

[11] The sale of consumer fireworks from the temporary fireworks structure is limited to the following:

[a] Helicopter, aerial spinner (APA 87-1, 3.1.2.3);

[b] Roman candle (APA 87-1, 3.1.2.4); and

[c] Mine and shell devices not exceeding 500 grams.

[12] All temporary fireworks structures must fully comply with the Pennsylvania Fireworks Law.

[13] All temporary fireworks structures must comply with all applicable ordinances of the Township of Hampton, including § 310-75A(4).

[14] The temporary fireworks structures are required to comply with all applicable provisions of the Uniform Construction Code.

(44) Medical marijuana dispensaries may be allowed as a conditional use in the Highway Commercial District and the Neighborhood Commercial District, subject to the following expressed standards and criteria:

[Added 11-28-2018 by Ord. No. 818]

(a) A medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.

(b) A medical marijuana dispensary must fully comply with all provisions of the Medical Marijuana Act, as amended from time to time.

(c) A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(d) A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

(e) A dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school, day-care center or public park.

(f) A dispensary may sell medical devices and instruments which are needed to administer medical marijuana under the Medical Marijuana Act, 35 P.S. §§ 10231.106 et seq.

(g) A dispensary may sell services approved by the Pennsylvania Department of Health related to the use of medical marijuana.

(h) Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

(i) A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

(j) A medical marijuana dispensary shall:

[1] Not have a drive-through service;

[2] Not have outdoor seating areas;

[3] Not have outdoor vending machines;

[4] Prohibit the administering of or the consumption of medical marijuana on the premises.

(k) A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

(l) Parking requirements will follow the parking schedule found in Article XIII, §§ 310-79 through 310-82, off-street parking regulations, as listed for medical and dental offices including outpatient clinics.

(m) Buffer yards shall follow the requirements set forth in Chapter 310, Article X, § 310-59E.

(n) Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.

[1] All accesses must secure the appropriate highway occupancy permit (state, township or borough).

[2] The clear sight triangle found in § 280-50P must be considered and maintained.

[3] The driveway must be designed and improved, to the standards expressly described in § 280-55H of the Subdivision and Land Development Ordinance.

(o) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.

(45) Medical marijuana grower/processor may be allowed as a conditional use in the Light Industrial District and the Heavy Industrial District, subject to the following expressed standards and criteria:

[Added 11-28-2018 by Ord. No. 818]

(a) A grower/processor must have a valid and current permit issued by the Pennsylvania Department of Health.

(b) A medical marijuana grower/processor must fully comply with all provisions of the Medical Marijuana Act, as amended from time to time.

(c) The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana-related materials and equipment used in production and cultivation or for required laboratory testing.

(d) All materials and equipment shall be stored within a completely enclosed building.

(e) The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.

(f) The Township Council may impose restrictions on access to the facility, storage of vehicles or materials in the premises, hours of operation and other such matters as they deem necessary to insure that there is no adverse impact upon the functioning of the district or adjacent parcels.

(g) A grower/processor may not be located within 1,000 feet of the property line of a public, private or parochial school, day-care facility or public park, and may not be located within 750 feet of a residential use and/or residential zoning district.

(h) A grower/processor may not operate on the same site as a dispensary.

(i) Buffer yards shall follow the requirements set forth in Chapter 310, Article X, § 310-59E.

(j) There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

(k) Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the DOH Policy and shall not be placed within any unsecure exterior refuse containers.

(l) The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

(m) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.

[1] All accesses must secure the appropriate highway occupancy permit (state, township or borough).

[2] The clear sight triangle found in § 280-50P must be considered and maintained.

[3] The driveway must be designed and improved to the standards expressly described in § 280-55H of the Subdivision and Land Development Ordinance.

(n) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.