Borough of Manor, PA GENERAL STANDARDS

No use, land or structure in any district shall involve any element or cause any condition that may be dangerous, injurious or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration, glare, excessive traffic, attract vermin or rodents or constitute a nuisance or be a detriment to the health, safety, moral or general welfare of the community or to any other person or property in the Borough. All uses in all districts shall be subject to the following standards of operation set forth in this chapter.

§ 27-302 Compliance.

[Ord. 315, 9/11/1974, § 301; as amended by Ord. 539, 12/5/2012, § VIII]

In cases where the Borough determines that compliance cannot be adequately determined from the information submitted by the applicant or issues develop over the need for or the adequacy of compliance the Borough may require evaluation and report by a qualified consultant. In such instance the Borough shall advise the applicant of the Borough's needs and first offer the applicant to address the Borough's issues by an evaluation and report from a qualified consultant. In the alternative the applicant shall authorized the Borough to select and engage such consultant. In either case the cost and expenses for such services shall be borne by the applicant.

§ 27-303 Fire Protection.

[Ord. 315, 9/11/1974, § 302]

Fire prevention and firefighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any industrial activity involves the handling or storage of flammable or explosive materials.

All industrial uses shall be carried on only in buildings approved by the Department of Labor and Industry, and shall be carried on in such a manner as to conform fully to the standards herein, and with such precautions against fire and explosion hazards as to produce no exposure hazard to a use on an adjacent property, either at present or in the future.

The storage, utilization or manufacture of materials or products, ranging from free to active burning as determined by the Borough Fire Chief or the Westmoreland County Fire Marshall, is permitted subject to compliance with all other performance standards and provided the following conditions are met:

(1)

Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls.

(2)

Materials or products which produce flammable or explosive vapors or gases under ordinary weather conditions shall not be permitted; provided, however, such materials as are used or required in emergency or standby equipment or in secondary processes auxiliary to the principle operation shall be exempt from this requirement.

§ 27-304 Electrical Disturbances.

[Ord. 315, 9/11/1974, § 303]

No activity shall cause repetitive or continuous electrical disturbance adversely affecting the operation of other electrical equipment.

§ 27-305 Noise.

[Ord. 315, 9/11/1974, § 304; as amended by Ord. 539, 12/5/2012, § VIII]

No new use proposed in any District which by the nature of its use, operation or activity produces noise of objectionable character or volume as noted by a person of ordinary and reasonable sensibilities at the property line of the parcel upon which the offending use is located, will be permitted. The following standards shall apply in each district for any use in the district unless standards are established for subcategories of uses, in which case such subcategory standards shall apply:

Steady-state Noise Emanated from Stationary, Portable or Mobile Equipment, Processes or Facilities. Steady-state noise emanating from any equipment or sources onto adjacent real properties or to a receiving property within any district within the Borough, which will persist during indefinite or periodic intervals of time of two hours or more in a calendar day, or for a period of one hour during two or more days in any seven consecutive days period, shall not exceed the maximum noise levels set forth below:

(1)	Maximum noise level 7:00 a.m. to 10:00 p.m.: 60 dBA.
(2)	Maximum noise level 10:00 p.m. to 7:00 a.m.: 60 dBA.
In addition, if steady-state noise emanating from any equipment or sources onto adjacent real properties or to a receiving property within any district within the Borough exceeds 90 dBA for any period of 15 minutes or more, but less than the time frames set forth above, then the applicant or occupant shall install and maintain suitable noise baffles to reduce such noise levels to meet the above standards in order to protect the adjacent properties or receiving properties from such noise.

(1)

No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in this section when measured at the following locations:

(a)

Within 25 feet of any receiving residence, occupied structure or building located in any district.

(b)

At any point along the boundary line between the source property and the receiving property in any Residential or Village Districts.

(2)

Maximum permissible noise levels at any time in any Residential District or Village are:

(a)

Daytime (7:00 a.m. to 10:00 p.m.)-60 dBA.

(b)

Nighttime (10:00 p.m. to 7:00 a.m.)-60 dBA.

(3)

The use of residential maintenance equipment including, but not limited to, power mowers, on a temporary basis, in residentially zoned districts shall be exempt from the standards in this section.

Sound measurements made to determine compliance with the conditions and standards of these sections shall be made using a sound level meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications S1, 4-1971 or more current specifications.

§ 27-306 Air Pollution.

[Ord. 315, 9/11/1974, § 305]

No pollution of air by fly ash, dust, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property.

§ 27-307 Erosion and Sedimentation.

[Ord. 315, 9/11/1974, § 306]

No erosion and/or sedimentation by wind or water shall be permitted which will carry substances into the air, waters of the commonwealth, neighboring properties or public rights-of-way. As of July 1, 1973, plans for excavation shall include conservation plans as required by the rules and regulations of the Pennsylvania Clean Streams Act, 35 P.S. § 691.1 et seq. Developments over five acres shall be submitted to the Westmoreland County Conservation District Office for review and recommendations.

Required Trees. The maintenance or replacement of at least 15% of the existing trees during and after construction on the unbuilt portions of the land is required in all districts. These trees will be exempted from maximum height regulations.

§ 27-308 Heat.

[Ord. 315, 9/11/1974, § 307]

No use shall carry on any operation that would produce heat perceptible from any property line of the lot on which the operation is located.

§ 27-309 Glare and Outdoor Lighting.

[Ord. 315, 9/11/1974, § 308; as amended by Ord. 539, 12/5/2012, § VIII]

No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or employ unshielded illumination sources beyond its lot lines or onto any public road. Spillover lighting from parking areas shall not exceed two foot-candles per square foot beyond the property line.

All exterior light fixtures, except lighting for residential and agricultural uses and street lighting and associated traffic safety devices provided by a public utility or governmental entity within a public right-of-way, shall comply with the following standards:

Outdoor Luminaire Design.

(1)

For lighting horizontal tasks such as private drives, sidewalks, entrances and parking areas, full cutoff luminaries shall be used.

(2)

Luminaries shall be equipped with light directing and/or shielding devices such as shields, visors, skirts or hoods to redirect offending light distribution and/or reduce direct or reflected glare.

(3)

Light fixtures, including mounting base, shall not exceed 35 feet in height above finished grade.

Glare Control.

(1)

Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, fences or similar methods be considered acceptable for reducing glare.

(2)

Neither the direct nor reflected light from any exterior lighting fixture shall create a disabling glare that would be a potential traffic hazard for motor vehicles on public roads.

(3)

No exterior lighting fixture shall have any blinking, flashing or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color. Deliberately induced sky-reflected glare, caused by the use of searchlights, beacon light or laser source lights for advertising or entertainment purposes, is prohibited.

(4)

The Zoning Officer may require that lighting be controlled by automatic timing devices to extinguish light sources during specific periods to mitigate the adverse consequences of light pollution when such action is necessary to protect adjacent properties and uses.

§ 27-310 Vibration.

[Ord. 315, 9/11/1974, § 309]

Any use or portion thereof creating intense or earthshaking vibrations shall be set back from the lot lines on all sides to a distance which will insure that in no case shall any such vibration create a nuisance or hazard beyond said lot lines.

Vibrations detectable without instruments on neighboring property in any zoning district except the Industrial District shall be prohibited.

Vibrations detectable without instruments on neighboring property in the Industrial District shall be permitted providing such vibrations do not endanger, or in any way damage persons or properties on neighboring lots.

§ 27-311 Problem Development Land.

[Ord. 315, 9/11/1974, § 310]

Land where development and the public health, safety and general welfare are threatened by special development problems, consisting of excessive slope, heavy traffic or periodic flooding, shall conform to the following additional regulations pursuant to § 605, Clause 2, of the Municipalities Planning Code, 53 P.S. § 10608.

In all districts, both permitted uses and special exceptions are subject to regulation, restriction or prohibition of uses and structures by the Board at or near (1) major thoroughfares and transportation arteries, their intersections and interchanges, (2) natural or artificial bodies of water, (3) places of relatively steep slope or grade, (4) public buildings and public grounds, (5) places having unique historical or patriotic interest or value, and, (6) floodplain areas, subsidence areas, gas and oil wells, and other places having a special character of use affecting and affected by their surroundings.

Approval for such problem development land as described herein shall be considered by the Board if improvement through such measures as excavation or clean fill will eliminate the development problem.

§ 27-312 Steep Slope.

[Ord. 315, 9/11/1974, § 311]

Land having a slope in excess of 24% shall be deemed steep slope land. For the purpose of determining compliance with the area requirements of this chapter, the area of steep slope land shall be computed at one-tenth of the value of other land; that is, each 10 square feet of steep slope land shall be counted as one square foot in computing such compliance.

§ 27-313 Floodplain Overlay District.

[Ord. 315, 9/11/1974, § 312; as amended by Ord. 524, 3/2/2011, § II]

The various floodplain districts classified as special flood hazard areas as delineated in the Flood Insurance Study and the accompanying Flood Insurance Rate Map for the Borough of Manor, issued by the Federal Emergency Management Agency, effective March 17, 2011, or the most recent revision thereof including all digital data developed as part of the Flood Insurance Study, and any subsequent revisions and amendments, are hereby adopted as the Floodplain Overlay Zoning District in the Borough and declared to be a part of this chapter.

The above Floodplain Overlay Zoning District is hereby established as part of the Official Zoning Map of the Borough, which is declared to be part of this chapter and shall be kept on file at the Borough Offices.

§ 27-314 Off-Street Parking Requirements.

[Ord. 315, 9/11/1974, § 313]

Off-street parking spaces shall be provided and satisfactorily maintained in accordance with the following provisions for each building which, after the effective date of this chapter, is erected, enlarged or altered for use for any of the following purposes in any district:

Residential	2 per dwelling unit
Church or School	1 per 6 seats in principal assembly room
Private Club or Lodge	1 for each 200 square feet of floor space, excluding storage and kitchen
Theater	1 per 4 seats
Hospital and Rest Home	1 per 3 beds and 1 for each 2 employees on the maximum working shift
Hotel and Motel	1 per transient room
Professional Office	1 for each 250 square feet of floor space
Business Service	1 for each 250 square feet of floor space
Wholesale Business	1 for each 250 square feet of floor space
Medical Clinic	1 for each 250 square feet of floor space
Retail Business	1 for 100 square feet of floor space excluding storage and kitchen
Eating and Drinking Establishment	1 for 100 square feet of floor space excluding storage and kitchen
Personal Services Establishment	1 for 100 square feet of floor space excluding storage and kitchen
Bowling Alley	5 for each alley
Funeral Home	1 for each 30 square feet of public display space
Recreational Assembly Place	1 for each 100 square feet of floor space, excluding storage and kitchen
Industrial Use	1 for each 2 employees on the maximum working shift or 1 for each 250 square feet of floor space

NOTE: Exceptions for off-street parking requirements may be granted by the Board for the established commercial district in Central Manor.

§ 27-315 Design Standards.

[Ord. 315, 9/11/1974, § 314]

The design standards specified below shall be required for all off-street parking facilities with a capacity of three or more vehicles, built after the effective date of this chapter:

The minimum dimensions of stalls and aisles shall be as follows:

(1)

Stall width shall be at least 10 feet.

(2)

Stall depth shall be at least 20 feet with said dimensions measured on the angel for all angle parking and 22 feet for parallel parking.

(3)

Minimum width of aisles providing access to stalls for one-way traffic only, varying with the angle for the parking, shall be:

Angle of Parking	Minimum Aisle Width
Parallel	12 feet
30	12 feet
45	14 feet
60	18 feet
90	18 feet

(4)

Minimum width of aisles providing access to stalls for two-way traffic shall be 25 feet.

Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.

The width of entrance and exit drives shall be:

(1)

A minimum of 12 feet for one-way use only.

(2)

A minimum of 20 feet for two-way use.

In no case shall parking areas for three or more vehicles be designed to require or encourage cars to back into a public street in order to leave the lot.

§ 27-316 Home Occupations.

[Ord. 315, 9/11/1974, § 315]

Any home occupation such as art studios and dressmaking, or teaching with musical instruction limited to one pupil at a time, or the professional office of a physician, dentist, lawyer, etc., shall comply with the following requirements:

The home occupation shall be carried on by a member of the family residing in the unit with not more than one employee who is not part of the family.

The home occupation shall be carried on wholly within the principal or accessory structure.

Objectionable noise, vibration, smoke, dust, odors, heat, or glare shall not be produced.

Adequate off-street parking shall be provided at a rate of one space for every customer.

See definition, "home occupation."

§ 27-317 Mobile Home Parks.

[Ord. 315, 9/11/1974, § 316]

Mobile home parks shall meet the requirements of the Westmoreland County Mobile Home Park Subdivision Regulations and have approval by the Planning Commission prior to consideration by the Zoning Hearing Board.

§ 27-318 Mobile Homes.

[Ord. 315, 9/11/1974, § 317; as amended by A.O.]

Mobile homes may be located, providing:

The provisions of all Borough regulations and Department of Environmental Protection regulations regarding water supply and sewage disposal are adhered to.

The lot area, dimensional, and other applicable requirements of this part for single-family dwellings shall be met.

Mobile homes shall be acceptably skirted within 60 days of placement, subject to inspection by the Zoning Officer.

§ 27-319 Required Open Space.

[Ord. 315, 9/11/1974, § 318]

Developments with townhouses, multi-family and two-family dwellings shall be required to provide at least 5% open space to be used for recreational activities, in such a location as to best serve the development.

§ 27-320 Planned Residential Developments.

[Ord. 315, 9/11/1974, § 319]

Planned residential developments maybe permitted if the development meets the requirements of this section. After the plan is approved by the Zoning Hearing Board, all development, construction and use shall be in accordance with that plan. Upon enactment of an ordinance regulating planned residential developments, this section shall be revised:

The area of the land to be developed shall not be less than 10 acres.

Properties adjacent to the area shall not be adversely affected.

The average number of dwellings units per acres shall not be higher than that permitted in the district in which the plan is located.

The use of the land shall not differ substantially from the uses permitted in the district in which the plan is located, except that limited business facilities, intended to serve only the planned residential development area and fully integrated into the design of the project, may be considered.

The plan shall be reviewed and recommendations made by the Planning Commission to determine and assure that the proposed unit plan is in the best interest of the Borough. The Commission may recommend reasonable controls and/or restrictions.

§ 27-321 Annexed Areas.

[Ord. 315, 9/11/1974, § 320]

All land annexed to a municipality after the effective date of this chapter shall be classified automatically as being in an A-1 District. The Commission shall recommend to the Council appropriate zoning for the annexed area within not more than six months after the effective date of annexation; and until the Council has adopted a zoning district for the annexed area, the provisions of an A-1 District shall apply to such annexed areas.

§ 27-322 Existing Lots of Record.

[Ord. 315, 9/11/1974, § 321]

Any lot of record existing at the effective date of this chapter may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this chapter.

§ 27-323 Maintenance of Yards and Property.

[Ord. 315, 9/11/1974, § 322; as added by Ord. 377, 6/6/1984, § 1; and as amended by Ord. 539, 12/5/2012, § VIII]

The owner or lessee of any property located near or adjacent to any developed property or area shall maintain such property so that:

All portions of the property shall be kept free of junk, debris, disabled motor vehicles, and dangerous or noxious material.

Any material stored outside an enclosed structure being used for commercial or industrial purposes, as an incidental part of the primary operation, shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining properties not owned by the user. Materials shall not be deemed to include operable vehicles.

The required screen shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The Borough Council shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.

Landscaping in commercial and industrial districts adjacent to public rights-of-way shall meet the following requirements:

(1)

Any part or portion of a site that is being occupied and that is not used for buildings, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan. A replacement program for nonsurviving plants shall be included.

(2)

Any single parking area with 25 or more spaces shall utilize at least 5% of its area in landscaping.

§ 27-324 Design Review Requirement.

[Ord. 315, 9/11/1974, § 322; as added by Ord. 514, 7/15/2009, § X; and amended by Ord. 539, 12/5/2012, § VIII]

All zoning applications for development, improvement or modification of sites in business or industrial zoning districts or involving an industrial use regardless of zoning district shall be submitted to the Borough Planning Commission for design review prior to approval by the Zoning Officer (uses by right), Borough Council (conditional uses) or the Zoning Hearing Board (special exceptions).

Zoning applications shall include data and drawings in sufficient detail for evaluation and review of:

Site location and physical characteristics.

Building locations-on-site and adjacent thereto.

Structure design and related amenities.

Accessory uses-storage, structures and parking.

Site access and adjacent traffic considerations.

On-site circulation.

Landscaping plan.

Drainage, utility and other support requirements.

Initial and projected use potential.

Any additional data deemed appropriate and necessary by the Planning Commission to evaluate the proposed development.

Stormwater management plan which complies with the Borough's Stormwater Management Ordinance [Chapter 23] or the stormwater management requirements of the commonwealth or United States.

Outdoor lighting plan.

§ 27-325 Home Based Business.

[Ord. 315, 9/11/1974, § 323; as added by Ord. 514, 7/15/2009, § XI]

Home based businesses as defined in this chapter shall be permitted in all residential zoning districts and in all zoning districts in which single-family dwellings are permitted, subject to the standards and conditions as set forth in such definition and the standards and conditions set forth in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

§ 27-326 Recovery of Subsurface Gas and Oil Deposits.

[Ord. 315, 9/11/1974; as added by Ord. 520, 7/21/2010, §§ IV, V]

Standards.

The recovery of subsurface gas and oil deposits is prohibited on any property subject to a conservation easement.

The recovery of subsurface gas and oil deposits shall be subject, in addition to use regulations, to the applicable zoning district regulations of yard, frontage, setbacks, lot size and area, lot width, net building area, site capacity calculations, natural resource protection standards, easements, provisions for off-street parking and loading, floodplain standards, all overlay district regulations, and to such other provisions as are specified in other provisions or this part and this chapter.

The recovery of subsurface gas and oil deposits shall be subject, in addition to the provisions of this part, to all laws, rules and regulations of other applicable Borough, county, state or federal requirements and licensing laws, rules and regulations and to the requirements of any agency having jurisdiction. These include, but are not limited to, laws, rules and regulations concerning soil erosion and sedimentation control, stormwater management, street and road regulations and fire protection requirements.

Where multiple uses exist or are proposed for a single parcel, each use must meet the required minimum net building area. Each well site shall be calculated based upon, the "pad" area where the well and its attendant facilities are located, as well as any pond, impoundment, reservoir or access road areas.

The recovery of subsurface gas and oil deposits shall be subject to the applicable standards of the Borough of Manor Stormwater Management Ordinance [Chapter 23]. Where the provisions for the management of stormwater under this part are in conflict with the provisions of the Stormwater Management Ordinance [Chapter 23], the provisions of the Borough of Manor Stormwater Management Ordinance [Chapter 23] shall be applicable.

The recovery of subsurface gas and oil deposits shall also comply with all applicable provisions of the Borough of Manor Subdivision and Land Development Ordinance [Chapter 22] and the Manor Borough Building Code [Chapter 5, Part 1].

A conditional use approval for a well shall be valid for a period of one year from the date of the approval. If drilling of a well has not been initiated within one year after the conditional use approval, the conditional use approval shall expire, An extension may be granted by the Borough of Manor Borough Council for an additional period of time, not to exceed a maximum of one year, upon written request by the applicant filled prior to the expiration of the original one-year period, subject to the finding that the plan is in compliance with all applicable provisions and requirements.

General Provisions Applicable to All Recovery of Subsurface Gas and Oil Deposit Uses and Applications.

Offensive or noxious odors, noises, fluids, gases, dust or glare shall be confined to the subject parcel or the leasehold premises and shall not impact any occupied structures or dwellings at any time during the siting, drilling, stimulating, completion, altering and production periods.

Junk, refuse, trash or abandoned material shall not be disposed of on-site, All refuse stored on site for final off-site disposal shall be located within a building, covered dumpster or other enclosure designed and constructed for the proper storage of such material.

Only one well site shall be permitted on any one parcel.

Any expansion of the ground surface area used and/or devoted to the well site or drilling or production operations shall require further conditional use approval.

Any hazardous or toxic material shall be properly and securely contained, stored and removed in accordance with applicable state or federal regulations. On-site disposal of such material is prohibited.

All operations shall be in accordance with all applicable state and federal laws and rules and regulations, as amended; and pursuant to all rules, regulations and procedures promulgated thereunder.

All drilling and production operations, including wells, derricks, retaining pits, impoundments, vacuum pumps, storage tanks, vehicles, compressors, structures, machinery and ancillary equipment shall be located at least 200 feet from any structure used as a residential dwelling or from any structure used for public assembly, including schools and churches; or from any occupied nonresidential structure, if the owner of such structures are not the owner or lessor of the property on which the well site is located.

All aspects of the recovery of subsurface gas and oil deposits, including without limitation, all drilling, production operations, buildings, pipelines, shall be located at least 100 feet from the right-of-way of any public or private street, and 50 feet from any property line. Pipelines from the well site shall be permitted to traverse the required setback only to the extent necessary to transport extracted product (oil or gas) off-site.

No recovery of subsurface gas and oil deposits shall be conducted within 1,000 feet of any properties known to be a landfill or known to be designated as site containing hazardous substances under state or federal cleanup laws.

The well owners(s) and well operator(s) shall be jointly liable and responsible for prevention and prompt removal of spills involving waste materials, oil and toxic or hazardous materials.

Minimum lot size for an oil or gas well site, other than a Marcellus Shale formation well, shall be two acres. The minimum lot size for a gas well site for a Marcellus Shale formation well shall be 10 acres.

All well site structures, equipment and operations within 200 feet of a residential structure or a place of public assembly shall be fully screened from off-site view from such residential structure or place of assembly. Methods of screening may include, but are not limited to, any of the following methods, either individually or in combination:

(1)

Existing or planted screening consisting of trees, shrubs and other vegetation as well as topography, if sufficient proof of the same is presented to Council as part of the conditional use process.

(2)

Fencing if sufficient proof of the same is presented to Council as part of the conditional use process.

For areas of potential wildfire hazard, fire line intensities shall be abated to less than 100 BTU/foot/second through fuel breaks or other equally effective means around structures or areas of operation. A fire protection plan shall be submitted to the Borough's Emergency Management Agency for review and approval.

A duly authorized representative of the Borough shall have the authority, at any time, both in relation to the enforcement of this part and pursuant to the Borough's enforcement rights under 58 P.S. § 601.504(b) of Pennsylvania's Oil and Gas Act, to enter upon property where a drilling site is contemplated, upon property where a well is in the process of being drilled or upon a producing well site, for the purpose of inspecting the site, equipment and all other things necessary to assure compliance with this part.

Unless other times and days are approved by Council as a condition of the grant of a conditional use, the hours of activity for the siting, drilling, stimulating, inspection, servicing, completion or alteration of the well and its site, shall be limited to Monday through Saturday, 7:00 a.m., to 7:00 p.m., except for emergencies.

Air and Water Quality; Noise. Operators shall conform to all following in connection with air and water quality and noise:

(1)

Air contaminant emissions shall be in compliance with all county, state and federal regulations, including without limitation the control provisions of the Clean Air Act, as amended; and all fugitive dust regulations for smoke, ash, dust, fumes, gases, odors and vapors.

(2)

Noise. The operator shall take all possible precautions and measures to minimize the level and duration of noise created by the drilling operation, including without limitation maximum muffling of generators and construction of noise dissipaters or earthen berms. All equipment used in drilling, completion or production of a well must comply with the noise limits in this subsection.

(a)

The noise (sound) pressure levels at any point beyond the property boundary containing the well shall be no more than 55 decibels (dB) during the day (7:00 a.m. to 7:00 p.m.); and no more than 45 decibels (dB) during the night (7:00 p.m. to 7:00 a.m.), and on Sundays and Federal holidays. These noise standards shall also apply to any gas compressors and to all equipment used for well siting, drilling, stimulation, completion, alteration, production and other related operations.

(b)

Based upon special site characteristics, additional noise measures may be required upon inspection and determination by the Borough.

(c)

When taking noise measurements to determine whether additional noise mitigation measures are necessary, sound pressure levels shall be measured under conditions that are representative of the most demanding assumptions related to the specific site. Consideration shall be given to (including, but not limited to) the nature and proximity of adjoining properties; lime of day; prevailing weather patterns; amount of vegetative cover on or adjacent to the property; and topography of the site.

(d)

If, based upon special site conditions and analysis, additional noise measurements are necessary, one or more of the following additional noise abatement measures, listed below in ascending order of mitigation, shall be required:

Acoustically insulated housing or covers enclosing any motor or engine.

Screening the site or noise emitting equipment by fence or landscaping.

Solid wall or fence of acoustically insulating material surrounding all or part of the facility.

The applicant shall maintain at the property and on file with the Borough Emergency Management Agency, 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, polymers, salts, surfactants and solvents) and in any hydraulic fracturing operations.

Emergency Preparedness and Public Safety Plan. As part of the conditional use application, the applicant shall provide an emergency preparedness and public safety plan. The plan shall demonstrate the following:

(1)

Name, address and phone number, including 24 hour emergency number of at least two persons responsible for drilling operations.

(2)

As-built facilities plan.

(3)

First responders plan for potential emergencies, including, but not limited to, explosions, fires, geological activity, flooding or pipe rupture.

(4)

Specific emergency preparedness plan for all potential hazardous scenarios.

The operator shall be responsible to keep all public and private rights-of-way which are used to enter or exit the well site substantially free from mud, dirt and other debris. If any substantial amount of mud, dirt or other debris is carried on to public or private rights-of-way from the well site, the operator shall clean the roads at regular intervals.

The applicant shall file with its application for a conditional use, all plans for: (1) the transportation and delivery of equipment, machinery, water, chemicals, products, material and items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the well; (2) the storage, transportation and removal of gas, hydrocarbons, fracturing fluids, waste products and other items from the well site; and, (3) roads, streets, alleys, rights-of-way, easements or other property interests to be utilized for the transportation, delivery and/or removal of equipment, machinery, chemicals, products, gas, hydrocarbons, fracturing fluids, water, waste products and other items to and/or from the well site.

§ 27-327 Provisions and Procedures Applicable to Oil and Gas Operations.

[Ord. 315, 9/11/1974; as added by Ord. 539, 12/5/2012, § X]

Junk, refuse, trash or abandoned material shall not be disposed of on-site. All refuse stored on site for final off-site disposal shall be located within a building, covered dumpster or other enclosure designed and constructed for the proper storage of such material.

Only one well site shall be permitted on any one lot.

Any expansion of the ground surface area used and/or devoted to the well site or drilling or production operations shall require further conditional use approval.

All operations shall be in accordance with all applicable state and federal laws and rules and regulations, as amended; and pursuant to all rules, regulations and procedures promulgated thereunder.

10.

The well owners(s) and well operator(s) shall be jointly liable and responsible for prevention and prompt removal of spills involving waste materials, oil and toxic or hazardous materials.

11.

Minimum lot size for an oil or gas well site for a conventional well, shall be two acres. The minimum lot size for a gas well site for an unconventional well shall be 10 acres.

12.

All well site structures, equipment and operations within 200 feet of a residential structure or a place of public assembly shall be fully screened from off-site view from such residential structure or place of assembly. Methods of screening may include, but are not limited to any of the following methods, either individually or in combination:

Existing or planted screening consisting of trees, shrubs and other vegetation as well as topography, if sufficient proof of the same is presented to Council as part of the conditional use process.

Fencing if sufficient proof of the same is presented to Council as part of the conditional use process.

13.

14.

A duly authorized representative of the Borough shall have the authority, at any time, both in relation to the enforcement of this chapter and pursuant to the Borough's enforcement rights under Act 13, to enter upon property where a drilling site is contemplated, upon property where a well is in the process of being drilled or upon a producing well site, for the purpose of inspecting the site, equipment and all other things necessary to assure compliance with this chapter.

15.

16.

Air and Water Quality; Noise. Operators shall conform to all following in connection with air and water quality and noise:

(1)

(a)

Acoustically insulated housing, or covers enclosing any motor or engine.

(b)

Screening the site or noise emitting equipment by fence or landscaping.

(c)

Solid wall or fence of acoustically insulating material surrounding all or part of the facility.

17.

18.

Emergency Preparedness and Public Safety Plan. As part of the conditional use application, the applicant shall provide an emergency preparedness and public safety plan as required by Act 9 and the regulations promulgated thereunder and the other provisions of this chapter.

19.

20.

The applicant shall file with its application for a conditional use, in addition to the information and plans called for elsewhere in this chapter all plans for: (A) the transportation and delivery of equipment, machinery, water, chemicals, products, material and items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the well; (B) the storage, transportation and removal of gas, hydrocarbons, fracturing fluids, waste products and other items from the well site; and (C) roads, streets, alleys, rights-of-way, easements or other property interests to be utilized for the transportation, delivery and/or removal of equipment, machinery, chemicals, products, gas, hydrocarbons, fracturing fluids, water, waste products and other items to and/or from the well site.

§ 27-328 Cellular Communications Towers.

[Ord. 315, 9/11/1974; as added by Ord. 547, 7/17/2013, § 2]

Height Restrictions for Certain Structures. The following structures are exempt from height regulations provided they do not constitute a hazard to pedestrians or property; private residential television and radio towers, church spires, belfries, monuments, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles and farm silos.

Standards.

The communications company is required to demonstrate, using technological evidence that the antenna must go where it is proposed, in order to satisfy its function in the company's grid system.

If the communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a 1/4-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other communications companies, other communications towers (fire, police, etc.), and other tall structures. The Borough may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. In addition, no antenna shall exceed 200 feet in height.

All communications towers must be stealth towers. A stealth tower is a communications tower which is not recognizable as a conventional communications tower (e.g., a metal lattice structure), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such stealth towers include a tower which is painted to look like a tree or one which is concealed in a church steeple.

The Borough Council may waive the stealth tower requirement where the applicant can demonstrate that the requirement is not necessary to protect the health, safety and welfare of the community and the neighboring properties and property owners or occupiers, considering items such as the development's impact on surrounding and abutting property values; aesthetics; height of tower and its engineered fall distance; screening to be provided; number of uses per tower, including public uses; noise, lighting, fumes and emissions; roads, energy or access easements; location and setbacks.

Setbacks from Base of Antenna Support Structure (Tower). If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between each point on the perimeter and any property line shall be the greatest of the following:

(1)

One hundred percent of antenna support structure (the pole or tower) height.

(2)

One hundred feet minimum.

Fencing. A fence shall be required around the antenna support structure and other equipment attendant to the tower and its uses, unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height.

Landscaping. The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground level features (such as a building), and in general soften the appearance of the cell site. The Borough may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.

(1)

An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of 15 feet at maturity.

(2)

In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other communications companies, and local police, fire, ambulance services and municipal authority and road departments. In addition, a linear one mile separation shall be maintained between communications towers, measured from the base of the support structure.

The communications company must demonstrate that it is licensed by the Federal Communications Commission.

Antenna support structure under 200 feet in height should be painted silver or have a galvanized finish retained, in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except as provided for and required by the FAA.

A land development plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access to public rights-of-way, and all other items required in the Borough Subdivision and Land Development Ordinance [Chapter 22]. The site plan shall not be required if the antenna is to be mounted on an existing structure.

In granting the use, the Borough Council may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.

All approvals will be only for specific facilities set forth in the application. No additions or alterations thereto will be permitted without a new application.

All sources of energy (primary and secondary) for the cellular uses on the tower and site shall be identified by location, with all easements, transmission lines and facilities specifically identified by size (all dimensions), as well as types of energy. No storage of fuel or other forms of energy, other than batteries, will be permitted on the site. Other than batteries all facilities and sources of generation of electrical energy for any cellular uses on the tower or site shall be considered a separate industrial use and shall only be permitted in an industrial zoning district.