The special exceptions listed in this article and Articles III through VI may be permitted by the Zoning Hearing Board in the zoning districts specified. Upon application, in accordance with the provisions of § 300-183, the Board shall determine the reasonableness and propriety of an application for a special exception and may authorize the issuance of zoning permits in conformity with the provisions prescribed in this article and all other applicable regulations of this chapter unless otherwise excepted hereunder. The Board shall request a report and recommendation from the Planning Commission on the planning aspects of each application.
A.
Public (government), semipublic and private nonprofit uses which are of educational, cultural, institutional, social or recreational character and which serve residents of the neighborhood, community or City may be permitted in any of the zoning districts specified in accordance with the requirements of this article. Such uses include fire stations, libraries, museums, government office buildings, post offices, neighborhood or community clubs, social and recreational clubs, but do not include business, professional or fraternal associations or any use involving the serving of alcoholic beverages on the premises. For specific requirements other than those applicable herein for the various types of educational institutions, see "Special exceptions" listed under the zoning districts of this chapter. (See § 300-28C, 300-37 and 300-47).
B.
Institutional uses include philanthropic and religious institutions.
A church or other place of worship may include a parish house, convent
or educational facility operated in compliance with a church or place
of worship. The above uses may be permitted in any of the zoning districts
specified in this chapter, provided:
(1)
Side yards not adjoining a street shall be not less than 30
feet wide, and other yards shall be not less than 10 feet more than
required in the zoning district for which application is made.
(2)
When students, teachers or communicants are to be housed, the
lot area exclusive of that around principal buildings not devoted
to housing shall be, in relation to the number of sleeping rooms,
such as to permit no greater density than is permitted in any other
type of dwelling facility in the zoning district where the use is
located.
(3)
Minimum distances between buildings shall be equal to the heights
of buildings, or in the case of buildings of unequal height, to the
height of the taller building, but not less than 50 feet.
(4)
The use shall be located on a zoning lot which meets the yard
requirements of the zoning district.
(5)
Building coverage shall not exceed 20% of the total lot area.
(6)
The height of principal buildings shall not exceed 2 1/2 stories or 35 feet, except that this height limitation may be exceeded if all required yard widths are increased by one foot for every one foot by which a building exceeds 35 feet in height. (See Article XV).
(7)
If the use for which application is made is one which generates
substantial amounts of traffic, the Zoning Hearing Board may determine
that such use shall have frontage on or direct access to a major street
or, where entrance into the traffic may be hazardous, to a side street
with a nearby intersection with a major street.
(8)
The Board shall require the provision of a sufficient number
of off-street parking spaces to accommodate the vehicles of the potential
average number of users of the facility at any one time.
(9)
In considering applications for uses under this section, the
Board shall consider the character of the proposed use, probable method
and hours of operation and the kinds of activities which will be carried
on in relation to the character of the neighborhood and zoning district,
especially R and S, in which the proposed use would be located.
(11)
Playgrounds, playfields and other active recreational facilities,
if designed and incorporated as an accessory use to the principal
use, shall not extend into required front or side yards or closer
than 30 feet to a rear lot line.
Public and private nonprofit parks, playgrounds and other outdoor recreation uses open to the public may be permitted in any of the zoning districts specified in Article XIII of this chapter, provided:
A.
The Zoning Hearing Board determines that such use is of reasonable
size, on topography and at a location to serve the public convenience
and welfare and is not seriously detrimental to the character of the
neighborhood.
B.
Safeguards are established with respect to sanitation and general
safety.
C.
No structure other than a fence, similar enclosure or landscape feature
shall be closer to a property line than the buildable area of lots
in the zoning district in question.
D.
Any public or private nonprofit swimming pool, open to the public, constructed in a recreation area as listed above shall conform to the requirements found in § 300-153.
E.
Fences and planted buffer strips shall be provided, as determined
by the Zoning Hearing Board, to be necessary for safety purposes or
to protect adjacent or abutting properties from possible detrimental
influences from the recreation use.
Any natural or artificial facility for water recreation such as a public swimming pool (including motel, apartment, private swimming pool club, and private home), a commercial fishing pond or any other water storage facility such as reservoirs, fish hatcheries, sewage lagoons. (See § 300-78) and farm ponds shall comply with the following regulations:
A.
Required yards, unoccupied except for fences and walls and landscape
features, shall not be less than 30 feet abutting a street, and 20
feet along all other property lines and must meet the setback requirements
of the zoning districts where located, whichever imposes the greater
restriction, however.
B.
A permanent in-ground or aboveground private swimming pool, accessory to a one- or two-family dwelling, may be located within a required rear yard, but shall not extend closer than 15 feet to a rear lot line or closer to a side lot line than the required side yard depth. An in-ground pool shall be enclosed with a four-foot-high wall or fence, either around the perimeter of the rear yard, or around the pool, with an entrance which can be latched or locked to prevent unauthorized, uncontrolled or accidental entry. An aboveground pool (all sides a minimum of four feet above grade) shall have retractable steps that latch and prevent access to pool when not in use. For private, public or commercial pools, a wall or face of a dwelling or building may be used as part of the pool enclosure. (See § 300-164).
C.
Before a permit is issued to the operator or owner of the facility,
other than a private swimming pool, a plan shall be submitted to the
Zoning Hearing Board showing the size of the facility, proposed use,
parking arrangement, use of the buildings and structures on the site,
surrounding properties and their usage and any other pertinent information.
D.
A swimming pool accessory to a multifamily use or to a motel or hotel
shall be located within the buildable area of the lot or parcel.
E.
No part of a public swimming pool and adjacent lounging area as defined
by the required fence or wall enclosing such area, shall be closer
than 200 feet from any residential property line.
F.
Lot coverage by a private apartment or motel swimming pool, adjacent
lounging area and accessory buildings shall not exceed 15% of the
total area.
G.
A public swimming pool and adjacent lounging area shall be enclosed with a fence or other barrier 6 1/2 feet in height with doors or a gate equipped with a self-closing and self-latching device on pool side keeping the door or gate securely closed at all times when not in use to prevent unauthorized, uncontrolled entry; a barrier four feet in height and latch shall be sufficient for private pools. (See Subsection B hereof).
H.
All illumination shall be directed away from abutting properties,
and all floodlights shall be appropriately shielded so as to eliminate
any direct sight of light bulbs from outside the property lines.
I.
When construction of a swimming pool is undertaken in conjunction with and on the same parcel of land as a planned residential or unit development, it may be considered as a part of such planned development and deviations from lot coverage, yards and distance requirements and parking requirements may be permitted in order to promote a more efficient or attractive development plan but not to permit a less adequate standard of development. (See § 300-154).
J.
An adequate number of off-street parking spaces shall be provided to accommodate the potential average number of persons using the premises at any one time as determined by the Zoning Hearing Board, but shall not be less than one space for every 60 square feet of water surface in a swimming pool. The facility, if operated to attract visitors, must comply with parking requirements established under Article XIII.
(See § 300-164.)
A.
Residential land development.
(1)
In the R-2, R-3 and C Zoning Districts, residential land development
projects for multifamily units of a single type (townhouses, garden
apartments, or high-rise units) or a mix of housing types, including
urban renewal, may be permitted if the land development meets the
requirements of this section.
(2)
Land development projects are not to be interpreted as planned residential developments. (See Article VIII). The provisions of planned residential developments are meant to encourage original and unique planned developments as special exceptions throughout the City. Developers may decide, depending on unique circumstances, density and site constraints, between developing according to the provisions under land development projects or planned residential development.
(3)
When the Zoning Officer is satisfied that all requirements are
met, he shall refer the land development plan to the Zoning Hearing
Board for review and approval. After the plan is approved by the Board,
all development, construction and use shall be in accordance with
that plan, unless a new land development plan is submitted and approved
by the Board in accordance with this section. Any deviation from the
approved land development plan shall constitute a violation of this
chapter.
(a)
The area of the land to be developed shall not be less than
four acres, except:
[1]
In C Zones, only when a single high-rise apartment structure is proposed to be constructed for either subsidized or conventional rental, sale or ownership. Such structure shall be reviewed and judged as having adequate lot area based on the presentation of an overall site plan that shows conformance to all other applicable provisions of this section and this chapter. (See Article VII).
[2]
No high-rise structure shall exceed 10 stories.
[3]
No main or accessory building shall be located within 75 feet,
and no parking area within 50 feet, of any boundary line of the land
development.
[4]
The lot area per dwelling unit shall be not less than 4,000 square feet of total land development area for a townhouse, and 3,500 square feet for garden apartments. (See § 300-32). High-rise apartments shall not exceed 40 dwelling units per acre.
[5]
The minimum distances between main buildings shall be the same
as specified in § 300-151C.
[6]
Buildings shall cover not more than 25% of the lot area.
B.
Properties adjacent to the land development project or immediately
opposite on a public right-of-way shall not be adversely affected.
C.
Limited business facilities, fully integrated into the design of
the project, may be considered.
D.
An overall land development site plan shall be prepared and presented
to the Planning Commission for review of traffic circulation, grading,
screening, access, landscaping and relationship to adjacent residential
or commercial structures.
E.
Architectural plans must be presented to the Planning Commission
for review of design and aesthetics.
F.
The land development projects shall be reviewed and recommendations
made by the Planning Commission to determine and assure that the proposed
plan is in conformance with the Comprehensive Plan, meets all applicable
provisions of this article, and is in the best interest of the City.
The Commission may recommend reasonable controls and/or restrictions.
G.
Recommendations of other agencies or officials required elsewhere
in this article with regard to elements of the land development including
off-street parking requirements shall be incorporated prior to submitting
the land development plan to the Board for approval.
Use of land in any zoning district for public utility purposes
such as a gas company regulating station, water pumping station, electric
distribution station or substation and similar uses, all without rotary
(generating) motors may be permitted, provided:
A.
The use of structure is located on a zoning lot complying with the
yard requirements of the zoning district.
B.
The use does not involve company offices or storage areas or structures,
generating major trucking operations or excessive traffic or heavy
equipment movements, except where specified in this chapter.
C.
The portion of the use not within a building, including exposed transformers
shall be enclosed on all sides by a solid wall or fence erected to
a height suitable to shield the use from surrounding properties, retard
the noise and obstruct the view of the passage of persons and material
to and from the installation, as determined by the Zoning Hearing
Board; and it is proven to the Board or the Pennsylvania Public Utility
Commission upon petition that such use is reasonably necessary at
the proposed location for the convenience or welfare of the public.
D.
Utility regulator stations or substations in the required front yard
or public right-of-way shall be constructed below the grade of the
adjoining ground. Installations above ground shall comply with lot
and yard requirements and shall be housed in a structure with an architectural
design, exterior material and appearance harmonizing with the adjacent
structure or surroundings.
Water storage, smokestacks, electric transmission, satellite
dish, telephone or radio or television transmission or receiving towers
and facilities (not including broadcasting studios, or business offices,
operated under regulations of the Federal Communications Commission)
may be permitted in any district, provided:
See § 300-65C regarding planned unit developments.
An existing gasoline service station may add a service island
canopy, provided no portion of same shall be placed closer to the
road right-of-way line than 30 feet nor closer thereto than the line
fixed by this chapter or buildings on adjoining lots.
Indoor recreation facilities shall be permitted as a special
exception in C-2, C-3 and M districts for racquet sports, skating
and bowling, and provided:
A.
The building or buildings and site plan thereof are presented for
review and approval by the Zoning Hearing Board.
B.
A landscape plan is submitted for review and approval by the Zoning
Hearing Board.
C.
An adequate number of off-street parking spaces shall be provided
as determined by the Zoning Hearing Board to meet the needs of the
particular facility and service provided.
D.
The use shall be located on a zoning lot which meets the zoning requirements
of the zoning district.
[Added 10-13-1997 by Ord. No. 9-1997]
A.
Findings of fact and conclusions of the City Council.
(1)
The quality of life in the Lower Burrell community will be preserved
and protected by making some areas available for adult businesses
while preventing such businesses from locating in other areas.
(2)
Prohibiting the location of adult businesses in close proximity
to residences, schools, hospitals, nursing homes, sanitariums, retirement
or convalescent homes, group homes, personal care homes, public parks,
churches and establishments which are licensed to sell alcoholic beverages
or to other adult businesses will further the public health, safety
and welfare in Lower Burrell and serve to:
(3)
The Council is aware of and concerned about the proliferation
of businesses which offer, at one location, entertainment of an adult
nature, mixed with otherwise non-adult activities, such as establishments
offering food or beverages, the sale of merchandise, personal services,
etc.
(4)
Such mixture of activities at one location makes the proper,
uniform and predictable application of this chapter extremely difficult
and may adversely affect the commercial and business environment of
the City.
B.
Special exceptions. Adult businesses, subject to the following express
standards and criteria, and to any other standards and criteria generally
applicable to all special exceptions:
(1)
Adult businesses may be established in a C-2 District.
(2)
Persons or owners who intend to open an adult business must
obtain from Lower Burrell a license to operate such an enterprise
and must pay an investigative fee in an amount as established from
time to time by resolution of City Council to Lower Burrell. In addition,
such persons or owners must supply to the City detailed information
as to the ownership and financing as required on the licensing application
form. This form can be obtained at the office of the Ordinance Officer.[1]
(3)
No adult business can be located within 500 feet of a preexisting
residence, school, hospital, nursing home, sanitarium, retirement
or convalescent home, group home, personal care home, public park,
church, establishment which is licensed to and does sell alcoholic
beverages or other adult beverages.
(4)
No adult business can be located within 1,000 feet of an area
zoned residential.
(5)
An adult business shall be initially licensed, where it has
met all ordinance requirements, through December 31 of the year in
which the license is issued. For each year thereafter that the adult
business intends to continue its business as an adult commercial enterprise,
it must seek from the office of the Ordinance Officer a renewal of
this license. The application for renewal is due in the Ordinance
Officer's office no later than November 1 of the year preceding the
year for 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 City to deny or revoke an occupancy permit
to an adult bookstore, adult movie theater or similar adult commercial
enterprise or other adult establishment. Council may establish the
license fee by resolution.
(6)
Any booths, cubicles or enclosures of any type including, but
not limited to peep show booths, contained on the premises shall be
open to the view of the other patrons in the establishment. No door,
curtain or obstruction of any type which blocks or hinders the plain
view of others shall be permitted.
(7)
Any adult bookstore, adult movie theater or similar adult commercial
enterprise or other adult entertainment found to be in violation of
this chapter shall be subject to the enforcement penalties provided
for in this chapter and/or the Municipalities Planning Code.
(8)
No person under 18 years of age shall be given access to sexual
conduct or nudity materials as defined in this chapter in accordance
with 18 Pa.C.S.A. § 5503.
[Added 7-13-1998 by Ord. No. 5-1998; amended 3-9-2009 by Ord. No.
2-2009]
A.
Permitted in the, S-1 and S-2 as a special exception, provided that all of the following criteria are met, as well as all criteria at §§ 300-156 and 300-126.
(1)
The lot on which a tower is located must meet the minimum lot
size for the particular zoning district. The lot on which a tower
is located shall not be within 2,500 feet of any other existing tower
site measured from the nearest property line to nearest property line.
Only one tower shall be permitted per lot.
(2)
The applicant shall demonstrate that the proposed communications
tower and the electromagnetic fields associated with the antennas
proposed to be mounted thereon comply with safety standards now or
hereafter established by the Federal Communications Commission (FCC).
Additionally, the owner shall submit to the City, annually, an inspection
report at the owner's expense that the tower is in compliance with
FCC guidelines.
(3)
The applicant shall demonstrate that the proposed height of
the communications tower is the minimum height necessary to function
effectively.
(4)
Tower height shall be measured from the ground level to the
top point of the tower or top point of the highest communications
antenna, whichever is higher.
(5)
The communications tower shall be designed and constructed to
all applicable standards of the American National Standards Institute,
ANSI/EIA-222-Manual, as amended.
(6)
A soils report complying with the standards of Appendix I, Geotechnical
Investigations, ANSI/EIA-222-E-Manual, as amended, shall be submitted
to the City to document and verify design specifications of the foundation
of the communications tower and anchors for the guy wires, if used.
The soil report shall be signed and sealed by an engineer registered
in the Commonwealth of Pennsylvania.
(7)
Equipment cabinets and equipment buildings shall comply with
the height and yard requirements of the zoning district for accessory
structures. Setbacks shall be measured from the lease or right-of-way,
etc., lines.
(8)
Recording of a plat of subdivision shall not be required for
the lease parcel on which the tower is proposed to be constructed,
provided the equipment building is proposed to be unmanned and the
required easement agreement for access is submitted for approval by
the Township.
(9)
The owner of the communications tower shall be responsible for
maintaining the parcel on which the tower is located, as well as the
means of access to the tower, including clearing and cutting of vegetation,
snow removal and maintenance of the access driveway surface.
(10)
The owner of any communications tower that exceeds 50 feet in
height shall submit to the Township proof of an annual inspection
conducted by a structural engineer at the owner's expense and an updated
tower maintenance program based on the results of the inspection.
Any structural faults shall be corrected immediately and reinspected
and certified to the City by a structural engineer at the owner's
expense. Additionally, owner shall submit to the City, annually, that
the tower is in compliance with FCC guidelines.
(11)
All tower structures shall be fitted with anti-climbing devices
as approved by the manufacturer for the type of installation proposed.
(12)
The exterior finish of the tower shall be compatible with the
immediate surroundings shall be properly maintained and the tower
shall be at least 1,000 feet from R districts.
(13)
No antenna or tower structure shall be illuminated, except as
may be required by the Federal Aviation Administration (FAA) or the
Federal Communications Commission (FCC).
(14)
The applicant will submit a copy of its FCC license. Any grant
of special exception hereunder will automatically lapse if said license
ever expires or lapses.
(15)
Shared use of towers and tower sites shall be encouraged. If
shared use of an existing or approved tower or an existing or approved
tower site is not proposed, the applicant shall demonstrate that the
proposed equipment cannot be accommodated on an existing or approved
tower or an existing or approved tower site for one of the following
reasons:
(a)
The proposed equipment would exceed the structural capacity
of the existing or approved towers and reinforcement of the existing
or approved towers cannot be accomplished at a reasonable cost.
(b)
The proposed equipment will cause RF (radio frequency) interference
with other existing or proposed equipment for that tower or that existing
or approved tower site and the interference cannot be prevented at
a reasonable cost.
(c)
Existing or approved towers or the existing or approved tower
site do not have adequate space to accommodate the proposed equipment.
(d)
Addition of the proposed equipment would result in NIER (Non-Ionizing
Electromagnetic Radiation) levels which exceed any adopted local,
federal or state emission standards.
(e)
Any applicant proposing a new freestanding commercial communications
tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the antenna on an existing building or
other structure or an existing commercial communications tower. A
good faith effort shall require that all owners within a 1/2 mile
radius of the proposed site be contacted by regular U.S. Mail, First
Class, postage prepaid, 10 days prior to the Planning Commission meeting.
(f)
There are other valid reasons, including but not limited to
denial of access, that make it impossible or impractical to place
the proposed equipment on any existing or proposed tower or any existing
or approved tower site. A letter shall be submitted showing that shared
use has been granted or denied.
(16)
Communication towers may exceed the height limitations of the
zoning district, provided they shall be set back from adjacent property
lines the largest of the following distances as may be applicable:
(a)
A distance of 100% of the tower height from any adjacent property.
(17)
Unless the communication tower is located on a building, the
tower structure shall be completely enclosed by a ten-foot-high chain-link
or similar fence with self-latching gate to limit accessibility to
the general public, unless the entire property is secure by such a
fence. The property shall be landscaped and screened.
(18)
All guy wires and all guyed towers shall be clearly marked so
as to be visible at all times. All guy wires shall be located a minimum
of 20 feet within the property line.
(19)
All communication towers must be stealth towers. A "stealth
tower" is a communications tower which is not recognizable as a conventional
communications tower (e.g., a metal lattice structure), but instead
is disguised or concealed in such a fashion as to conform to its surroundings.
Examples of such stealth towers include a tower which looks like a
tree or one which is concealed in a church steeple. In determining
conformity to surroundings, the Zoning Hearing Board will consider
the following factors, at a minimum:
(a)
Height and types of trees (if applicable and when compared with the
proposed communication tower);
(b)
Height and types of structures within sight distance of the proposed
communication tower;
(c)
Nature of neighborhood (e.g., residential, church, golf club); and
(d)
Proximity of the communication tower to neighboring properties and
structures.
(20)
The applicant must use applicant's best efforts to fly an all-weather
balloon or place an alternative object at or near the proposed location
of the communication tower for at least 14 days prior to the public
hearing on the application. The balloon or object must be red and
at least 18 inches in diameter, if spherical, or 18 inches in height
and width, if rectangular. The top of the balloon or object must be
at the maximum proposed height of the communications tower.
(21)
In granting the use, the Zoning Hearing Board may attach reasonable
conditions warranted to protect the public health, safety and welfare,
including, but not limited to, location, fencing, screening, increased
setbacks and the right to use said facilities for public purposes.
(22)
All special exception uses approved under this section will
automatically lapse if not used for six continuous months. In such
a case, all portions of the communications tower will be taken down
by the applicant, its successors or assigns, as soon as possible,
but not longer than four months after the conclusion of said six-month
period. In the event that the applicant, its successors and assigns
fail to take down the tower, the owner of the property upon which
the tower is located will be responsible for taking it down.
(23)
A previously approved special exception use will lapse if an
entity operating an existing communications tower in the City does
not provide reasonable cooperation with another applicant attempting
to co-locate on said existing tower.
(24)
All approvals will be only for the specific facilities set forth
in the application. No additions or alterations thereto will be permitted
without a new application.
(25)
The applicant shall submit evidence that the tower and its method
of installation (including design installation during erection) has
been designed by a registered engineer and is certified by that registered
engineer to be structurally sound and able to withstand wind and other
loads in accordance with accepted engineering practice and the Uniform
Construction Code.[1] The applicant shall include, from a registered engineer
or architect responsible for designing and the proposed tower, a specification
of the maximum collapsible fall zone of the proposed tower.
(26)
The tower shall be subject to any applicable Federal Aviation
Administration (FAA), Pennsylvania Bureau of Aviation and airport
zoning regulations.
(27)
No sign or other structure, shall be mounted on the tower, except
as may be required or approved by the FAA, Federal Communications
Commission, Pennsylvania Bureau of Aviation or other applicable governmental
agency.
(28)
All lighting, other than required aviation lighting, shall be
shielded and reflected away from adjoining properties.
(29)
At least a minimum of one off-street parking space shall be
provided on the tower site, plus one off-street parking space for
each on-site personnel.
(30)
Existing vegetation on the site shall be preserved to the maximum
extent possible.
(31)
A minimum twenty-foot easement or right-of-way from a public
street for access shall be provided to the tower to accommodate maintenance
and emergency vehicles and which is improved with an all-weather surface
sufficient to accommodate the weight of vehicles proposed to use the
easement or right-of-way subject to approval by the City council.
The right-of-way or easement shall be maintained by the landowner
or lessee.
(32)
Even if the tower site is an easement or leased, a site plan shall be prepared to show the site to receive the tower described by bearings and distances within the property from which the site has been leased or sold. In addition, a scaled site development plan shall be prepared to show precisely the location of the tower in its site, support buildings on the ground, guy anchors, access to the site and parking areas. Such plans shall be reviewed and decided as required by Chapter 260, City Subdivision and Land Development.
(33)
The applicant shall submit proof that it has guaranteed removal
of any tower which becomes obsolete or not used for one year and that
adequate financial security exists or has been posed to cover the
cost of such removal. Upon removal of the tower and accessory structures,
the property must be returned to its same or similar original condition.
This involves removing any foundations and grading and planting.
(34)
Each tower owner shall inform the City of any changes in ownership
or responsibility for a tower immediately after the change occurs.
(35)
If there is reasonable cause, the applicant may be required
to perform an environmental impact study.
(36)
Applicant shall demonstrate that the tower is needed.
(37)
Applicant shall submit information as to how the tower will
be brought to the site. Applicant shall try to avoid moving such structures
through residential areas.
(39)
If technical fees are incurred by the City, an additional application
fee may be assessed upon the applicant.
[Added 12-12-2011 by Ord. No. 5-2011]
A.
Purpose.
(1)
The regulation of well sites herein will permit reasonable access
to a significant portion of the gas resources in the City, while protecting
certain other uses and by regulating gas and oil well use in a manner
consistent with traditional zoning regulations without primarily regulating
the technical aspects of oil and gas well functioning.
(2)
The City of Lower Burrell recognizes that the regulation of
oil and gas operations is the primary responsibility of the regulatory
agencies of the commonwealth of Pennsylvania, but that the City maintains
it Zoning power as set forth in 53 P.S. § 10101 et seq.,
as amended, the Pennsylvania Municipalities Planning Code, and through
this chapter.
(3)
A City also has the ability to regulate land under its police
powers. [Third Class City Code, 53 P.S. 37403]
B.
Roads.
(1)
Prior to any construction, the applicant shall provide a map
of the proposed routes of all trucks to be utilized for hauling to
and from the gas and oil well site, and shall minimize impact upon
City roads whenever feasible. The City reserves the right to designate
alternate routes in the event the applicant's proposed routes are
deemed inadequate, unsafe or overly disruptive to normal vehicular
traffic by the Municipal Engineer. The applicant shall also show satisfactory
evidence to the City Engineer that intersections along proposed hauling
routes provide a sufficient turning radius for trucks, such that all
turns can be safely made without damage to vehicles, sidewalks, curbs
or surrounding property. The applicant or operator shall post a bond
or other financial security in favor of the City and in a form acceptable
to the City and enter into an excess maintenance agreement, prior
to beginning operations, regarding maintenance and repair of City
roads that are to be used by vehicles for development activities.
The applicant shall conduct an inventory, analysis and evaluation
of existing road conditions on City roads along the proposed transportation
route identified by the applicant, including photography and video.
The City Excess Maintenance Agreement will identify the responsibilities
of the applicant to prepare, maintain, and repair City roads before,
during and immediately after drilling operations associated with the
gas resources development. The applicant shall take all necessary
corrective action and measures as directed by the City pursuant to
the agreement to ensure the roadways are repaired and maintained during
and immediately after drilling operations associated with the gas
resources development.
(2)
In addition, should the City Engineer reasonably determine that
preventative measures, such as shoring of bridges or putting protective
mats over utility lines, should be taken to prevent damage to City
roads, bridges or utilities, then the applicant shall install such
protective measure as directed by the City Engineer, prior to beginning
operations.
(3)
The City of Lower Burrell declares that oil and gas development
is conditional use in the Conservancy (S) and Industrial (I) Zoning
Districts in the City, subject to the following conditions:
(a)
Where gas and oil resource development constitutes a land development,
all provisions of the applicable City ordinances shall apply, except
as preempted by state or federal law. The well site, natural gas compressor
stations or natural gas processing plants shall comply with all setback
and buffer requirements of the zoning district in which they are located.
Equipment and drilling rigs shall be setback (a fall zone) from protected
structures, property lines, streets or buildings a distance of one
foot for every foot of height of equipment.
(b)
Applicant responsibilities; construction requirements.
[1]
The applicant shall take the necessary safeguards to ensure
that the City roads utilized remain free of dirt, mud and debris resulting
from development activities and/or shall ensure such roads are promptly
swept or cleaned if dirt, mud and debris occur. Beginning with its
intersection with a public street, any access road for the development
shall be at least 20 feet in width and shall be paved with an impervious
material for the first 50 feet and consist of the following material:
[2]
The remainder of the driveway or access road to the well pad
shall be constructed with the following material:
[a]
Compacted Subgrade.
[b]
Eight inches AASHTO #2 Crushed Aggregate Base Course.
[c]
Two inches PennDOT 2A Aggregate (Choke Material).
[d]
The City Engineer may approve alternate design
standards that keep the driveway access road improved to a dust free,
all-weather surface for its entire length. Operator shall take the
necessary safeguards to ensure appropriate dust control measures are
in place.
[3]
Accepted professional standards pertaining to minimum traffic
sight distances for all access points shall be adhered to.
(c)
An off-street area within the development site for vehicles
to stand while gaining access to the gas well site shall be provided
so that the normal flow of traffic on the public street is undisturbed.
(d)
The applicant shall take all necessary precautions to ensure
the safety of persons in area established for road crossing and/or
adjacent to roadways. During periods of anticipated heavy or frequent
truck traffic associated with the development, the applicant will
coordinate with the City to develop a safety plan which may include
flagmen to ensure the safety of motorists and pedestrians and take
measures that include adequate signs and/or other warning measures
for truck or vehicular traffic. Where traffic associated with the
development is in proximity of school bus stops, the operator will
coordinate with the City and School District on a safety plan to avoid
truck traffic during peak school bus activity time periods, which
may include providing flagmen to ensure the safety of children waiting
for or leaving school buses.
C.
Noise. The City recognizes and acknowledges that oil and gas development
is accompanied by inherent noise. However, the operator shall take
the following steps to minimize, to the extent practicable, the noise
resulting from the development:
(1)
Prior to drilling of an oil and gas well, the operator shall
establish a continuous seventy-two-hour ambient noise level at the
nearest protected structure property line or 100 feet from the nearest
protected structure (as measured to the closest exterior point of
the building), whichever is closer to the protected structure or,
alternatively, and in lieu of establishing the above seventy-two-hour
ambient noise level, the operator may assume and use, for the purposes
of compliance with this section, a default ambient noise level of
55 dBA. The sound level meter used in conducting any evaluation shall
meet the American National Standard Institute's standard for sound
meters or an instrument and the associated recording and analyzing
equipment which will provide equivalent data.
(2)
The operator shall provide documentation of any established,
seventy-two-hour evaluation, relied upon to establish an ambient noise
level greater than 55 dBA to the City's Zoning Officer within three
business days of such a request from the Zoning Officer.
(3)
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) or default
level, whichever is higher:
(a)
During drilling activities by more than seven decibels during
the hours of 6:00 a.m. to 10:00 p.m.;
(b)
During drilling activities by more than five decibels during
the hours of 10:00 p.m. and 6:00 a.m.; or
(c)
By more than 10 decibels during hydraulic fracturing operations.
|
The operator shall inform the City which level (average ambient
noise level or default level) is being used.
|
(4)
Adjustments to the foregoing noise limits may be permitted in
accordance with the following:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
| |
|---|---|---|
|
5
|
15
| |
|
10
|
5
| |
|
15
|
1
| |
|
20
|
1
|
|
*
|
Cumulative minutes during any one hour.
|
(5)
If a complaint is received by the City from any person, whether
a resident or otherwise using the protected structure as defined herein
for any lawful purpose; regarding noise generated during drilling
or hydraulic fracturing activities, the operator shall, within 24
hours of receipt of the complaint from the City, continuously monitor
for a forty-eight-hour period at a point which is the closer to the
complainant's building of:
(6)
If the operator engages in any noise testing as required by
this section, it will provide preliminary data to the City no later
than 10 business days following the completion of the noise testing.
Once the monitoring is complete, operator will meet with City representatives
and affected residents to discuss whether possible noise abatement
measures are warranted, if the permitted levels set forth herein were
exceeded. If noise levels violate the standards set forth in this
section, sound-mitigating techniques and/or devices may be required
to meet acceptable levels.
(7)
Exhaust from any internal combustion engine or compressor used
in connection with the drilling of any well or for use on any production
equipment or used in development shall not be discharged into the
open air unless it is equipped with: an exhaust muffler; or an exhaust
box. The exhaust muffler or exhaust box shall be constructed of noncombustible
materials designed and installed to suppress noise and disruptive
vibrations. Moreover, all such equipment with an exhaust muffler or
exhaust box shall be maintained in good operating condition according
to manufacturer's specifications.
(8)
All work-over operations shall be restricted to the hours of
6:00 a.m. to 10:00 p.m., except in the extent of an emergency, as
reasonably determined by the Operator. "Work-over operations" shall
mean work performed in a well after its completion in an effort to
secure production where there has been none, restore production that
has ceased, or increase production.
D.
Emergency services.
(1)
The operator shall, prior to drilling, provide the City adequate
information to deal with any potential dangerous conditions that may
result due to development activities. First responders shall have
on-site orientation and be provided adequate awareness information.
Upon request from the City, operator will, prior to drilling of an
oil and gas well, make available with at least 30 days' notice, at
its sole cost and expense, an appropriate site orientation for first
responders. Such site orientation shall be made available at least
annually during the period when the operator anticipates drilling
activities in the City.
(2)
Operator shall provide appropriate maps, material safety data
sheets and/or its hydraulic fracturing formula and emergency plan
and Preparedness, Prevention and Contingency Plan (PPC) documents
to the City Manager. The operator shall provide 24/7 contact information,
including a supervisor's name and a toll-free number, to all City
emergency service providers, the City Manager and on signage at the
entrance to the well site. Warning signs must be posted providing
notice of potential dangers at the well site.
E.
Lighting.
(1)
Recognizing that adequate and appropriate lighting is essential
to the safety of those involved in the development of oil and gas,
the operator shall take steps, to the extent practicable, to direct
sight lighting downward and inward toward the drill site, wellhead,
or other area being developed so as to attempt to minimize glare on
public roads and adjacent buildings within 300 feet of the drill site,
wellhead, or other area being developed.
(2)
Recognizing that the specific location of equipment and facilities
is an important an integral part of oil and gas development, as part
of the planning process, operator shall strive to consider location
of its temporary and permanent operation, where prudent and possible,
so as to minimize interference with City residents' enjoyment of their
property.
F.
Pre-drilling notice. Prior to drilling an oil and gas well, but not
later than two weeks prior to drilling, the operator shall provide
the following information to each resident within 1,000 feet of the
planned surface location of the well:
(1)
A copy of the well survey plat showing the locations of the
planned wells;
(2)
A general description of the planned operations at the planned
well and associated equipment used in the development of the well;
(3)
The contact information for the Operator; and
(4)
The availability of the operator to hold a meeting with such
residents to present operator's plans for the well and to allow for
questions and answers. The meeting shall be hell prior to well site
construction.
G.
Application.
(1)
Any applicant desiring approval of a conditional use application
pursuant to this section shall submit a written application. Before
submitting an application, the applicant is strongly encouraged to
meet with the municipal staff to determine the requirements of and
the procedural steps for the application. The intent of this process
is for the applicant to obtain necessary information and guidance
from the staff before entering into any commitments or incurring substantial
expenses with regard to the site and plan preparation.
(2)
The application shall not be considered complete and properly
filed unless and until all items required by this section, including
application fee, have been received. Such application shall include
the following in formation and plans:
(a)
Application for land development other than a subdivision according
to the Planning and Zoning Code, as applicable and not preempted by
the Pennsylvania Oil and Gas Act, as amended,[1] or DEP regulations.
[1]
Editor's Note: Said Act was repealed 2-14-2012 by P.L. 87,
No. 13; see now 58 Pa.C.S.A. § 3201 et seq.
(b)
Applicant shall comply with all City of Lower Burrell ordinances.
An addendum listing the various ordinances of the City which may apply
is attached; this addendum is for reference purposes and is not meant
to be all-inclusive.[2]
[2]
Editor's Note: Said addendum was an attachment to the original
ordinance.
(c)
Provide written evidence that legal notice pursuant to the Oil
and Gas Act of the intent to drill has been given to the property
owner(s) who have legal or equitable title in and to the surface of
the proposed development.
H.
Site plan and other application documents.
(1)
Each application for conditional use shall have attached thereto
a site plan. The proposed site development plan shall be a topographic
plan, prepared and sealed 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 24 inches high by 36 inches wide,
to include the following:
(a)
Title block giving name of development, property owner, developer,
North point, key location map, registration stamp, date and scale
on a standard sheet with index;
(b)
Property lines, Zoning Ordinance district boundary lines and
total acreage of parcel proposed for development;
(c)
All existing streets, rights-of-way and easements related to
the development;
(d)
Owners of adjacent properties, including the location of any
existing structures and driveway locations;
(e)
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 stand of existing
trees;
(f)
The location of relevant natural features abutting properties
within 300 feet, including, but not limited to, streams or other natural
watercourses and adjacent areas which are subject to flooding, and
significant stand of existing trees;
(g)
The location of structures on abutting property within 300 feet
of common property lines and the location of any protected structures;
(h)
The location of all proposed gas and oil well structures, facilities,
equipment or buildings showing that they meet the setback and buffer
requirements of the zoning district in which they are located;
(i)
The location of existing structures, buildings and accessory
uses on site;
(j)
The location of vehicle and equipment cleaning and tire cleaning
areas and a description of the proposed program for removing mud and
other well sire generated debris from public streets;
(k)
The location of proposed access roads and proposed haul roads;
(l)
The location of stormwater and sediment controls and any water
impoundment facilities.
(2)
The operator shall provide to the City Zoning Officer, at least
10 days prior to well site construction:
(a)
A copy of any Environmental Impact Study submitted to the Pennsylvania
Department of Environmental Protection which includes the following:
[1]
A description of existing conditions in the area and the land
use history of the property;
[2]
A description of the proposed gas and oil well operations in
abutting, surrounding uses;
[3]
A historical record of previous gas and oil well operations
at the site; and
[4]
A description of existing conditions, including gas and oil
well facilities, structures, buildings or equipment.
(3)
A copy of an approved permit or permit application issued by
the Pennsylvania Department of Environmental Protection, and any applicable
Pennsylvania Department of Transportation highway occupancy permit.
Access to City roads will require a City driveway permit.
(4)
Copies of any and all permits and applications submitted to
the various local, county, state and federal agencies. Permits and
plans shall include but not be limited to the Pennsylvania Department
of Environmental Protection well application and permit, ESCGP-1 or
other erosion and sedimentation permits and all air, water and waste
management permits.
(5)
The location, depth, and profile of any proposed pipelines for
water, gas, oil or other substance will be provided to the City in
an as-built format upon completion.
(6)
The applicant shall provide the GIS location and make application
to the City for a 911 address of the well site. The applicant must
mark the site at the entrance where it intersects with a City road
using a reflective address sign, in accordance with Pennsylvania Department
of Transportation standards, as amended.
(7)
During construction, the operator shall remove and dispose of
all uprooted trees, stumps, rubbish, construction materials and debris
promptly in the interest of public safety. All refuse stored on site
for final off-site disposal shall be located within a building, covered
dumpster or other enclosure designed and constructed for the proper
storage of such material.
(8)
No employees, subcontractors or other persons shall be housed
on the well site, compressor station site or processing plant site
except supervisory personnel necessary for safety reasons. Any applicant
must register all supervisory personnel occupying a bunk house with
the City Tax Collector in accordance with the Planning and Zoning
Code, requiring the owners of all occupied structures to register
the occupants. The operator shall meet all state and local water and
sewage standards.
(9)
The City recommends that condensate tanks located on drilling
sites, compressor stations and/or processing plants be equipped with
vapor recovery and/or vapor destruction units or the best technology
available.
(10)
The applicant shall make reasonable efforts to avoid and/or
mitigate any disruption or loss of radio, telephone, cellular phone,
television or similar signals, and shall mitigate any harm caused
by the oil and gas development in a timely manner.
(11)
Drip pans or other containment devices are required on equipment
that could potentially leak, discharge or spill hazardous liquids.
The operator is responsible for any spills involving waste materials,
oil, gas, toxic or hazardous substances and shall notify the City
of any such spill.
I.
Fencing.
(1)
Install chain-link fencing at least six feet high and install
permanent fall protection fencing meeting OSHA requirements around
any pit for impoundment of liquid at a depth greater than two feet.
A sample standard follows for guidance:
(a)
Support posts shall be set in concrete and imbedded into the
ground to a depth sufficient to maintain the stability of the fence.
Temporary fence posts shall not be required to be set in concrete;
(b)
The chain-link fence shall have a minimum thickness of 11 gauge;
(c)
Tension rods shall be three-eighths-inch round steel bolt stock.
Adjustable tighteners shall be turnbuckle or equivalent having six-inch
minimum take-up. Tension bars shall have minimum thickness of 1/4
inch by 3/4 inch;
(d)
All chain-link fences shall be equipped with at least one gate.
The gate shall meet the following specifications:
[1]
Each gate opening shall not be less than 12 feet wide and be
composed of two gates, each of which is not less than six feet wide,
or one sliding gate not less than 12 feet wide. If two gates are used,
gates shall latch and lock in the center of the span.
[2]
The gates shall be provided with a combination catch and locking
attachment device for a padlock, and shall be kept locked except when
no one is working on the site.
(e)
Security fencing shall not be required at oil or gas well sites
during the initial drilling, or redrilling operations, as long as
manned twenty-four-hour on-site supervision and security are provided.
(f)
Upon completion of drilling or redrilling, including hydraulic
fracturing and associated processes, security fencing consisting of
a permanent chain-link fence shall be promptly installed at the oil
or gas well site to secure wellheads, storage tanks, separation facilities,
water or liquid impoundment areas, and other mechanical and production
equipment and structures on the oil or gas well site.
(g)
The (City) First Responders shall be given means to access oil
and gas well sites in case of an emergency. Applicant must provide
County 911 Communications Center necessary information to access the
well pad in case of an emergency.
(h)
Warning signs shall be placed on the fencing surrounding the
Oil or Gas Well Site providing notice of the potential dangers and
the contact information in case of an emergency. During drilling and
hydraulic fracturing, clearly visible warning signage must be posted
on the pad site.
(2)
Operator shall comply with all FAA requirements for equipment,
where applicable, and inform medical helicopters of any equipment,
where applicable.
J.
Conventional gas and oil wells. The following provisions shall apply
to conventional gas and oil wells:
(1)
Applicant shall submit a copy of its Preparedness, Prevention
and Contingency Plan (PPC), material safety, data, sheets and/or its
fracturing formula.
(2)
The applicant shall provide the GIS location and make application
to the City for a 911 address of the well site. The applicant must
mark the site at the entrance where it intersects with a City road
using a reflective address sign, in accordance with Pennsylvania Department
of Transportation standards, as amended.
(3)
The access road to the well site shall be improved with a dust-free,
all-weather surface in such a manner that no water, sediment or debris
will be carried onto any public street.
(4)
An off-street area for maintenance vehicles to stand while gaining
entrance to the access road shall be provided that does not disrupt
the normal flow of traffic on the public street. Public road bonding
may be required as determined by the City Engineer.
K.
This section is interpreted to be applied so that it meets all federal
and state constitutional and statutory requirements. This section
is to be interpreted and applied to impose zoning regulations identifying
where gas and oil well uses are permitted in the City and not to regulate
technical aspects of gas and oil well operation, including technical
aspects of oil and gas well functioning and matters ancillary thereto
governed by the Pennsylvania Oil and Gas Act[3] and regulations adopted pursuant thereto. The provisions
of this section are severable. If any provision or part thereof if
held to be illegal or invalid, the remaining provisions shall remain
in full force and effect. If any provision hereof is held to be preempted
by the Pennsylvania Oil and Gas Act, then such provision and all remaining
provisions shall be applicable to the extent it is consistent with
and not preempted by the Act.
[3]
Editor's Note: Said Act was repealed 2-14-2012 by P.L. 87,
No. 13; see now 58 Pa.C.S.A. § 3201 et seq.
L.
Technical standards. Technical standards contained within this section
may be amended from time to time by resolution of the Council of the
City of Lower Burrell.
[Added 11-6-2023 by Ord. No. 7-2023]
Neither a medical marijuana dispensary or a medical marijuana
grower/processor facility may be located within 500 feet of the property
line of a public, private, or parochial school, day-care center, church
or actual place of a regular stated religious worship, public playground,
public park, or residence.
