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.
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.
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.
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):
(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):
(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.
(19)
Private clubs, lodges, fraternal organizations (LI Zoning District):
(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.
(22)
Beverage distributor, drive-through (HC and NC Zoning Districts):
(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.
(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:
(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.
(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.
(29)
Bulk fuel storage and distribution facility (LI Zoning District):
(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.
(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.
(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.
(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.
(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.
(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):
(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;
[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:
[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.
[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):
[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:
[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:
[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.
[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]
(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.
[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.
(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:
[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.
[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:
[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.
[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.
(k)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(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).
(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.
(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).
(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.
