Township of Wilkins, PA Conditional Uses

The definition of "family" contained in § 450-7 of this chapter shall apply to multiple-family dwellings.

No part of any lot used as a multiple-family dwelling shall be located closer than 250 feet to any part of any other lot in the R-3 and R-4 Districts used as a multiple-family dwelling.

Off-street parking shall be provided as follows:

There shall be two parking spaces for each multiple-family unit, and each space shall be at least 10 feet by 20 feet.

All parking areas shall be graded for proper drainage and surfaced to provide a durable and dust-free surface.

All lighting in the parking area shall be arranged to reflect light away from other premises and to prevent glare thereon or therein.

At least 50% of the required parking spaces shall be totally enclosed within the principal or an accessory structure.

No more than 1/2 of the required front and rear yard area shall be used for parking.

No part of the required side yard area shall be used for parking.

Lot, yard, height and sidewalk requirements shall be as follows:

Minimum lot area: 20,000 square feet.

Minimum lot width: 80 feet.

Required front yard: 50 feet.

Required side yard: 15 feet.

Required rear yard: 30 feet.

Maximum height: 35 feet.

Section 450-13B of this chapter shall apply to corner lots.

Sidewalks shall be installed according to existing Township standards along the portion of the multiple-dwelling lot abutting all streets.

The maximum number of multiple-family units permitted on a tract of 20,000 square feet shall be six.

For each multiple-family unit over six, the minimum lot area shall be increased by 2,500 square feet per unit.

The maximum number of multiple-family units permitted on any single lot or tract shall be 13.

The yard and height requirements (not minimum lot size) above set forth may be altered by not more than 10% by the Zoning Hearing Board as a special exception when said Board finds that such alteration is warranted because of unusual lot configuration or topography.

Group care facility.

[Added 12-9-1985 by Ord. No. 738]

Applications for group care facilities shall be accompanied by all certificates, licenses, approvals or other documents required by any governmental unit or agency having jurisdiction to issue the same when it is possible to obtain those instruments prior to conditional use approval.

Supervision and staff shall be provided by adults qualified by training and experience to render the services required.

Supervision and staff shall be provided on a twenty-four-hour-a-day basis.

The minimum number of supervisors and staff required during a day or any part thereof shall be determined by the governing body as a condition of approval of the use.

The operator of the group care facility shall provide a resume identifying supervisors and staff and their professional or occupational training and experience. This information shall be provided for each person prior to beginning work.

When the group care facility involves child care, the operator shall comply with Act 244 of 1984, as amended or supplemented,[1] and provide the Township Chief of Police with proof of compliance.

Editor's Note: See now 23 Pa.C.S.A. § 6301 et seq., the Child Protective Services Law.

The residents of a group care facility need not be related to each other; however, the number of residents shall not exceed 15 persons, plus supervisors and staff.

On-site parking facilities shall be provided at the ratio of one stall for each facility supervisor, staff or employee and one additional stall for each nonemployee resident operating a motor vehicle from the facility, plus four additional spaces.

The application for a group care facility shall contain a plan showing the location of the facility on the ground, parking area, lot area, setback and yard provisions, together with a narrative statement relating to the requirements of this article.

The operator of a group care facility shall file annually with the Township Secretary a report detailing the use of the facility and its compliance with the conditions of original approval and of this chapter.

Nothing contained herein shall be construed to exempt a group care facility from complying with the provisions of the Township Building and Fire Codes[2] or other ordinances applicable to the construction, occupancy and operation of the facility.

Editor's Note: See Ch. 160, Construction Codes, Uniform, and Ch. 201, Fire Prevention.

Gas and oil well drilling, oil and gas development, and oil and gas drilling subsurface facilities in the M Zoning District, under the following conditions:

[Added 10-26-2009 by Ord. No. 1000; amended 1-25-2016 by Ord. No. 1060]

Conditional use application. A person or entity desiring approval of a conditional use application pursuant to this section shall submit a written application. Before submitting the application, the applicant is strongly encouraged to meet with the Township staff to determine the requirements of and the procedural steps for the application. The intent of this process is for the applicant to obtain necessary information and guidance from the staff before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation. The application shall not be considered to be complete and properly filed unless and until all items required by this section, including the application fee, have been received.

Such application shall include the following information and plans:

Payment of an application fee in an amount to be determined from time to time by the Board of Commissioners of the Township of Wilkins as adopted by a consolidated fee resolution. Said fee schedule may also include a requirement to deposit escrow funds to be drawn from by the Township for reimbursement of administrative and engineering costs 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.

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

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.

The GIS location and 911 address of the well site.

Copies of any and all permits and applications submitted to the various local, county, state and federal agencies. Permits and plans shall include but not be limited to the Pennsylvania Department of Environmental Protection well applications and permit, Erosion and Sediment Control General Permit-2 (ESCGP-2), or current permit requirement, or other erosion and sedimentation permits and all air, water and waste management permits.

A site plan, prepared by an engineer or surveyor licensed in Pennsylvania, shall be provided to establish compliance with all applicable regulations. All drilling and production operations, including derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, temporary housing, ponds and pits, and ancillary equipment on the well site shall be identified. All protected structures within 1,500 feet of the property lines of the well site shall be identified. All roads related to the development or facility must also be shown. A sufficient number of copies of the site plan shall be provided for review and comment by all Wilkins Township emergency service organizations.

Traffic study:

A description of plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials and 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 transportation infrastructure that may be used and the type, weight, number of trucks and delivery schedule necessary to support each phase of the development.

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 Municipal Engineer.

[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 of the district and Woodland Hills Emergency Services.

[12]

Noise management plan:

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 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.

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 chapter.

[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 Standards Institute's standard for a Type I sound-level meter.

[13]

Environmental impact analysis. 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 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 and approved by the Planning Commission and the Board of Commissioners. The environmental impact study shall include, but not be limited to, all critical impact areas on or off site 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 Department of Environmental Protection 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 or wildlife habitat; and areas of historic, cultural and/or archaeological significance.

[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 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]

Hydrological 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 hydrological 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 where such historical data, in the judgment of the Planning Commission, is inadequate. 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 groundwater quantity and quality. Acceptance of the study is subject to final approval by the Board of Commissioners. If the study shows an alteration to the groundwater, the permit shall be denied.

Conditional use approval is nontransferable without consent from the Board of Commissioners and shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of issuance of the conditional use. The conditional use approval may be extended by the Board of Commissioners 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.

The applicant shall provide any and all waivers from owners of protected structures.

General standards.

Best management practices shall be encouraged.

The uses regulated by this section are determined to be land developments and subject to the applicable provisions of Chapter 385, Subdivision and Land Development.

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 Code 704, Standard System for the Identification of the Hazards of Materials for Emergency Response. All regulated tanks are to be labeled to an NFPA specification.

Fracture fluid storage ponds, open pits and reserve pits are highly discouraged. Closed-loop systems and other related best management practices, including but not limited to the use of netting over fracture fluid ponds, are strongly recommended to be used during the drilling or completion of any well.

Fresh-water storage ponds are permitted. The use of nonpotable water is strongly encouraged.

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,[3] and pursuant to all other applicable rules, regulations and procedures adopted pursuant thereto.

Editor's Note: The Oil and Gas Act, 58 P.S. §§ 601.101 through 601.605, was repealed 2-14-2012 by P.L. 87, No. 13 (aka "Act 13"). See now 58 Pa.C.S.A.§ 3201 et seq., for relevant provisions.

It is strongly recommended that drip pans, containment devices or other best management practices be placed, used or installed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, connections and any other areas or structures that could potentially leak, discharge or spill hazardous liquids. The operator shall be responsible for prevention and prompt removal of spills involving waste materials, oil and toxic or hazardous materials.

Multiple well pad sites on any one oil and gas development shall be prohibited, unless the operator proves to the satisfaction of the Township that the underlying geology makes using a single well pad impractical.

(i)

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 further conditional use approval pursuant to the terms and conditions of this chapter.

(j)

Except for emergency and governmental compliance activity, hours of operation are limited to Monday through Friday, 7:00 a.m. to 7:00 p.m. All deliveries and pickups incidental to the oil and gas development or facility must occur during the defined hours of operation.

(k)

At least 30 days prior to any development activity at the development or facility, the operator shall provide the following information to each property owner within 3,000 feet of the planned surface location of the development or facility:

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

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

The contact information for the operator; and

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.

(l)

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 chapter 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 chapter.

(m)

The operator of any development or facility shall notify the Emergency Management Coordinator, Municipal Zoning Officer and Municipal Engineer no less than 90 days prior to the startup and abandonment or shutdown of any well site.

(n)

All drilling and production operations, including but not limited to derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, temporary housing, ponds, pits, and ancillary equipment, shall be located not less than 1,500 feet from any protected structure and not less than 200 feet from the nearest property line.

Traffic impact.

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 Municipal Engineer. Vehicles are to operate on state routes and may only use municipal roads when the use of state routes is not feasible.

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 municipal roadway maintenance and repair agreement will identify the responsibilities of the applicant to prepare, maintain, and repair municipal roads before, during and immediately after drilling operations associated with the development or facility. 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.

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.

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 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.

There will be no staging of trucks or equipment on local roads.

A traffic control plan in conformance with PennDOT standards shall be provided.

Visual.

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.

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.

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

Lighting.

Lighting shall be in conformance with the Building Code of the Township of Wilkins.[4]

Editor's Note: See Ch. 160, Construction Codes, Uniform.

Air and water quality.

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 Wilkins, as amended, and all applicable regulations for smoke, ash, dust, fumes, gases, odors and vapors.

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.

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

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

Noise. Except for emergency and governmental compliance activity, noise shall be regulated by Chapter 277, Noise, of the Township Code.

Hazards.

Upon request of the Emergency Management Coordinator, the operator shall, prior to drilling its first gas 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 municipal code enforcement personnel. Such training shall be made available at least annually during any year that drilling activities take place at the oil and 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 Marshal annually. If additional wells are drilled at the site, the operator and Emergency Management Coordinator will determine if additional training is required.

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.

Access.

Beginning with its intersection with a public street, any ingress or egress point for the development or facility shall be paved for the first 50 feet and improved with limestone or other 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 well site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Township to keep the streets continuously clean.

The first 50 feet from the existing edge of pavement extending into the site shall consist of the following material:

Compacted subgrade.

PennDOT Class 4 geotextile fabric.

[c]

Eight inches of AASHTO No. 1 crushed aggregate base course.

[d]

Two inches of PennDOT 2A aggregate.

[e]

Six inches of Superpave® 25 mm binder course.

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

Eight inches of AASHTO No. 1 crushed aggregate base course.

Two inches of PennDOT 2A aggregate.

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

Meet 67 Pa. Code Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads, PennDOT Design Manual 2.

Ensure adequate capacity for existing and projected traffic volume.

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

Minimize hazards to highway users and adjacent property and human activity.

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

Access or driveway permits to state or county roads.

Overweight or oversize loads.

Geophysical exploration.

Geophysical seismic testing is governed by Chapter 185, Explosives, of the Township Code, as amended.

A licensed geologist must provide a report regarding the ability of the land to subside due to the proposed operations. This report must detail the amount of risk of seismic activity because of existing subsurface conditions and with the introduction of drilling and fracking.

Storage of equipment.

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.

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

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 development or facility which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except equipment which is necessary for the maintenance of the development or facility or for the gathering or transporting of hydrocarbon substances from the site.

Fencing, screening and buffering.

Security fencing consisting of a permanent eight-foot, galvanized chain-link fence topped with either razor or barbed wire shall be installed prior to the commencement of any activity at every well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the well site.

Security fencing shall be at least eight feet in height, equipped with lockable gates at every access point, and have 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 well site, 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.

The Township's first responders shall be given means to access the well site in case of an emergency. It is recommended that a lock box be installed. The applicant must provide the Allegheny County 911 Communications Center with necessary information to access the development or facility in case of an emergency.

Warning signs shall be placed on the fencing surrounding the 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 well site.

In construction of the oil and gas development or facility, the natural surrounding 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.

All oil and gas developments and facilities shall have a minimum front, side and rear yard setback of a minimum of 200 feet.

Oil and gas developments and facilities are subject to Chapter 450, Zoning, of the Code of the Township of Wilkins.

Any development which abuts a residential use shall provide a ten-foot buffer strip along the affected boundary line(s). All plants shall be selected from species that are hardy in the area and shall be sound nursery stock. Developers will have two options for the buffer strip:

Type I buffer: to consist of a double row of Norway spruces planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of 12 feet in height at the time of planting. Trees which die shall be replaced within six months.

Type II buffer: A Type II buffer shall consist of a single row of any species of coniferous tree, shrub or plant that will block a line of sight from the level of existing grade to at least 12 feet in height at time of planting.

(i)

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.

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.

Oil and gas development facilities.

Oil and 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, subsurface facilities, including horizontal drilling facilities, gathering system facilities and production facilities shall be listed as a principal use upon conditional use approval only in the M Manufacturing District, subject to this subsection, all applicable chapters of the Code of the Township of Wilkins and the following:

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

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

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

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

Adjacent public streets shall be adequate to accommodate traffic volumes and weight limits associated with traffic to and from the site.

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 Wilkins, the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency.

No structure shall be located less than 3,000 feet from any protected structure.

[8]

Secondary containment shall be provided at sites utilizing liquid separators.

[9]

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

[10]

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.

[11]

A security fence, as specified in Subsection L(12), Fencing, screening and buffering, of this subsection, shall be set back at least 10 feet from the property line and 20 feet from a public right-of-way.

Natural gas processing plants shall be listed as a principal use upon conditional use approval in the M Manufacturing District and shall be subject to this subsection, all applicable chapters of the Code of the Township of Wilkins, and the following:

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

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

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

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

The traffic study shall show that adjacent public streets shall be adequate to accommodate traffic volumes and weight limits associated with traffic to and from the site.

The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of Chapter 185, Explosives, of the Code of the Township of Wilkins, the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency.

The facility's property line shall be located not less than 3,000 feet from any protected structure.

Secondary containment shall be provided at sites utilizing liquid separators.

(i)

Power-driven equipment shall use sparkless electrical motors, when practicable, as an alternative to internal combustion motors.

(j)

(k)

LAR-TND Larimer Avenue Traditional Neighborhood Development District. The following criteria shall apply to all uses listed in § 450-11I(3) through (9):

[Added 5-10-2010 by Ord. No. 1006]

There shall be no minimum lot area; however, a minimum usable lot area of 7,200 square feet shall be required. Usable lot area shall be interpreted as a contiguous lot area with a slope of 3% or less.

Building size. A building of 3,240 square feet on each usable lot (i.e., 7,200 square feet) is permitted. Usable lots in excess of 7,200 square feet shall be allowed to have a building equal to 45% of the usable lot area. (Example: A developer with a usable lot of 9,000 square feet could build a building of 4,050 square feet.)

Parking. All parking shall comply with § 450-23 of this chapter.

All off-street loading shall comply with § 450-23 of this chapter.

Driveways and access. Larimer Avenue is owned and maintained by the Commonwealth of Pennsylvania. As such, the proper highway occupancy permits shall be obtained from the Pennsylvania Department of Transportation and proof of same will be required by the Township.

Landscaping plan.

A landscaping plan for the proposed development shall be submitted. Also, any development which abuts a residential use shall provide a ten-foot buffer strip along the side boundary line. All plants shall be selected from species that are hardy in the area and shall be sound nursery stock. Developers will have two options for the buffer strip.

Type I buffer: to consist of a double row of Norway spruces planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of four feet in height at the time of planting. Trees which die shall be replaced within six months.

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

Building design. Although expensive buildings will not be required, the Township expects modern, clean structures (see Design Manual) or professional, workmanlike structural rehabilitation; buildings of plain, painted or unpainted cement blocks will not be approved.

Lot design and slope protection. Any development which encroaches on the toe of a slope of 2:1 or greater shall provide a geotechnical investigation report and suitable structure(s) to ensure slope stability. The design shall be provided by a professional engineer licensed in Pennsylvania. Said design shall have the engineer's name and professional stamp upon the same.

Height of structures. All structures, including signs, shall not exceed 35 feet.

Sidewalks. A sidewalk of at least four feet in width shall be provided along Larimer Avenue. Construction shall follow Pennsylvania Department of Transportation specifications.

Setbacks. All structures shall be set back at least 10 feet from any lot line and at least five feet from any required screening. Larger front yard setbacks from Larimer Avenue shall be required in accordance with the following schedule; the depth of the lot will be calculated from the front property line to the rear of the usable lot area.

Depth of Lot (feet)	Required Setback (feet)
60 or less	10
60 to 70	15
Greater than 70	20

Stormwater management plan. The developer shall file and have approved a stormwater plan with the Township that follows Chapter 374, Stormwater Management, of the Township Code.

Signage. Signage shall be consistent with the requirements of Article V of Chapter 450, Zoning, as permitted in the Commercial District.

Dumpsters. All dumpsters or rolloff boxes (except temporary ones used during construction or demolition) shall be enclosed. The enclosure shall consist of masonry construction on three sides with an opaque gate on the fourth side to allow for pickup and emptying. The exterior shall harmonize with the primary building on site. Dumpsters shall be placed behind the front wall of the primary building.

Processing. LAR-TND applications shall be processed in accordance with §§ 450-47 through 450-50. The approval or denial of plans shall be based upon their conformance with the criteria set forth by this district and the Design Manual. The process for review and approval of development proposals shall be as follows:

Step 1: sketch plan meeting. Though not required, developers are strongly encouraged to develop a sketch plan prior to submitting a formal development proposal. This proposal can be presented at any public meeting of the Township (Commissioners, Planning Commission) for informal review and comment.

Step 2: formal development proposal. The developer shall present a formal development proposal to the Township. The Township does not require elaborate plans and specifications, but will require a submission sufficient for review. The submission shall consist of:

A site plan showing proposed building layout, parking, road access, buffer strip and general landscaping;

An elevation or similar representation of the proposed structure(s). This need not be an architectural rendering;

Signage.

Special Note: The design of all proposals shall be judged using the LAR-TND Design Manual. This manual is available at the Administrative Office of the Township.

Step 3: Planning Commission review. A copy of the formal development proposal will be forwarded to the Planning Commission and a copy will be sent to the Township Engineer. The Planning Commission shall meet with the developer to discuss the proposal and shall report its findings and recommendations to the Board of Commissioners.

Step 4: Township Commissioners public hearing. The Township Commissioners shall schedule and hold a public hearing on the proposal pursuant to public notice. After the public hearing, the proposal shall be approved, conditionally approved or denied. Any conditional approval or denial shall clearly set forth the reasons for such action.

School building conversions.

[Added 2-14-2011 by Ord. No. 1012]

Former school buildings located in R-1, R-2, R-3 and R-4 Zoning Districts may be used for any of the following purposes:

Educational purposes;

Recreational purposes;

Business offices or professional offices;

Financial institutions.

One sign for each separate occupancy not in excess of three square feet in size may be displayed on the property, provided that all signs are affixed to one common structure not exceeding 100 square feet in size nor in excess of 20 feet in height.

No sign shall be lighted directly or indirectly.

No use shall begin prior to 7:00 a.m. or end after 9:00 p.m., prevailing time.

No recreational use shall result in noise discernible beyond the property line of the subject property.

No substantial change in exterior architecture or building size shall be permitted.

The use shall comply with parking and general regulations in Article III, District Regulations.

Mobile home park in the R-4 Residential District under the following conditions:

[Added 11-10-2014 by Ord. No. 1047]

Compliance with all requirements of Chapter 385, Subdivision and Land Development, Article VII.

Minimum park area.

A mobile home park shall have a gross area of at least five contiguous acres of land.

Each mobile home lot shall contain at least 5,000 square feet.

Site location. The location of all mobile home parks shall comply with the following minimum requirements:

Free from adverse influence from swamps, marshes, garbage or rubbish disposal areas, or other potential breeding places for insects or rodents.

Not subject to flooding or not extended into the 100-year floodplain.

Not subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.

Park areas for nonresidential uses.

No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.

Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities.

Required setbacks, buffer strips and screening.

All mobile homes shall be located at least 40 feet from any park property line or street.

There shall be a minimum distance of 30 feet between an individual mobile home, including accessory structures attached thereto, and adjoining pavement of a park street or common parking area or other common areas and structures.

All mobile home parks located adjacent to industrial or commercial land uses shall be required to provide screening such as fences or natural growth along the property boundary line separating the park and such adjacent nonresidential use.

Erection and placement of mobile homes.

Mobile homes shall be separated from each other and from other buildings and structures by at least 30 feet on all sides.

Mobile homes shall be installed upon and securely fastened to a frost-free foundation or footer, and in no event shall it be erected on jacks, loose blocks or other temporary materials.

An enclosure constructed with either face brick construction or split face concrete block, both of which must meet the conditions of a crawl space, shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure and prevent inhabitation of vermin and vector.

[Amended 10-29-2018 by Ord. No. 1078]

Mobile homes must meet all required safety standards based upon the Construction Code,[5] federal and state law, and all other applicable laws.

Editor's Note: See Ch. 160, Construction Codes, Uniform.

A mobile home patio with a minimum gross floor area of 180 square feet is required for each mobile home.

Off-street parking.

A minimum of two off-street parking spaces per each mobile home is required.

Compliance with the requirements of Chapter 260, Mobile Home Parks.

Domestic livestock use in the promotion of agroforestry subject to the following conditions:

[Added 1-6-2020 by Ord. No. 1085]

In all Residential Zoning Districts, the principal use of the property must be for a single-family dwelling. Domestic livestock use is an accessory use in these zoning districts.

Minimum lot size. The minimum lot size for domestic livestock use is five acres.

Number of domestic livestock permitted.

Two domestic livestock are permitted for each one acre of land.

For properties whose area includes a fraction of an acre, the number of allowable animals shall be calculated by taking the total number of allowable livestock per acre multiplied by the total acreage. For each fraction thereof, the number shall be rounded to the nearest whole number. [Example, a property that is 10.34 acres would be permitted to house 21 animals (10.34*2) = 20.68.]

If any additional domestic livestock born on the premises causes the maximum allowable number of domestic livestock to be exceeded, adjustments must be made to bring the total number of animals into compliance with this chapter within six months of the date of birth of the domestic livestock.

Domestic livestock shall not be slaughtered on-site.

Required setbacks, buffer strips and screening.

Except as otherwise noted in § 450-50P(6), (7), (9) and (15) the setbacks required for principal and accessory structures in each residential district shall apply.

All residential properties upon which a domestic livestock use is located shall be required to provide screening, such as natural growth along the property boundary line separating the domestic livestock use from adjacent residential uses. If there is sufficient existing vegetation or existing topography that provides adequate buffering, it can be used to satisfy this requirement. At a minimum, property boundaries will be required to have two overlapping rows of coniferous shrubs or trees of at least five feet tall.

Any animal shelter used for the keeping, raising or feeding of domestic livestock shall be located at least 200 feet from any street line and from any adjacent landowner's property line. Animal shelters shall not be permitted in the front yard.

All grazing and pasture areas shall be adequately fenced, as provided in § 450-19 of this chapter. All required interior fencing shall be located at least 50 feet from any property line or street. Fences, pens, corrals or similar interior enclosures must be at least 42 inches in height and of sufficient strength to retain domestic livestock. For the purposes of domestic livestock use, portable electric or high tensile fences are permitted to be used to corral domestic livestock within a smaller space inside the interior of the perimeter fence.

Feed and water. Domestic livestock shall be provided with access to feed and clean water at all times. All feed, water and other such items associated with the keeping of domestic livestock shall be properly stored in a clean and sanitary manner so as to prevent the infestation of rats, mice, or other rodents, vectors or snakes.

Storage. Storage of odor- or dust-producing substances shall be located at least 50 feet from any property line. Animal bedding may be stored outside of structure or building so long as such material is stored a minimum of 50 feet from any property line, existing street, wetland or waterway.

If the property includes a stationary animal shelter, then manure from the stationary animal shelter must be collected at least once a week and shall be disposed of in one or more of the following manners:

Placement of manure in a flyproof container with periodic removal of manure from the lot;

Adequate burying of the manure;

Removal of manure from the lot.

Nuisance effect. The use shall not constitute a nuisance with regard to noise, odor, vectors, dust, vibration or other nuisance effects beyond the property lines of the parcel upon which the use is located.

Running at large. No person or owner of domestic livestock shall allow said domestic livestock to run at large in the Township. All owners of domestic livestock shall provide the necessary restraints to prevent such domestic livestock from so running at large and shall be liable for all damages occasioned by such domestic livestock running at large.

Veterinary care. All domestic livestock shall be afforded veterinary care if they are known or suspected to be sick or injured. All noncommercial keeping of domestic livestock must comply with the minimum standards of animal care as required by Pennsylvania Law, Pa. Code Title 18, regarding animal cruelty.[6]

Editor's Note: See 18 Pa.C.S.A. § 5531 et seq.

Conversion. Conversion of a domestic livestock use to a more intense, commercial livestock operation shall not be permitted. No conversion of a domestic livestock use to any other principal or accessory use shall be permitted unless such use complies with all ordinance and permitting requirements in force and effect at the time such conversion is applied for. If domestic livestock operations cease for more than one year, then the presumption that this use is no longer ongoing shall be made and all structures, equipment, and other items ordinarily associated with the domestic livestock use must be removed from the property.

Seasonal roadside stands shall comply with the following regulations:

Seasonal roadside stands shall be located no closer than 15 feet to any street right-of-way or property line. Seasonal roadside stands shall have a maximum footprint of 120 square feet and be no higher than 10 feet.

Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right-of-way and do not park or stand on any street or berm.

One nonilluminated freestanding sign shall be permitted to announce the seasonal roadside stand, provided that the maximum surface area of the sign shall not exceed 24 square feet.

Greensburg Pike Transitional Overlay Zone (GP-TOZ). The following criteria shall apply to all uses listed in § 450-11J(2) and (3).

[Added 11-9-2020 by Ord. No. 1091]

Minimum lot area: 7,500 square feet, with usable lot area of at least 7,200 square feet. Usable lot area is defined as contiguous lot area with a slope of 5% or less.

Setbacks. Set back requirements shall be the same as the underlying zoning district as defined in the Table of Lot, Area and Bulk Requirements in § 450-11A of this chapter.

Lot width. The lot width must comply with § 450-13 of this chapter.

Building footprint.

Existing residential structures. The footprint of existing residential structures shall not be expanded by more than 25% or to an amount equal to 45% of the usable lot area, whichever is the greatest.

New construction. The footprint of newly constructed buildings shall not exceed 45% of the usable lot area.

Parking.

Parking is prohibited in the required front yard area.

The supplemental regulations of the design book are applicable, although in the event of conflicting provisions, the stricter regulation shall apply.

For appointment-based retail establishments, driveway parking is permissible.

Driveways shall not be greater than 10 feet wide.

Establishments may have up to of five parking spaces per lot for employees and guests.

Driveways and access.

Greensburg Pike is owned and maintained by the County of Allegheny. As such, the proper roadway occupancy permits shall be obtained from the county and proof of same will be required by the Township.

Access driveways may be located in the required front yard area.

A sidewalk of at least four feet in width or a sidewalk matching the existing adjacent sidewalk shall be provided along Greensburg Pike. Construction shall follow Pennsylvania Department of Transportation and Wilkins Township specifications.

Landscaping.

All off-street parking and loading areas shall be screened from any abutting property. Screening shall be accomplished by the placement of adequate earth berms or solid fences, constructed of wood, vinyl, composite material or masonry (untreated wood, plain concrete block or cinder block is prohibited), and plantings or the provision and maintenance of solid plantings in the form of contiguous trees and shrubs. Shrubs or hedges must planted at an initial height of not less than two feet.

A landscaped periphery shall be provided and maintained for a minimum depth of five feet along the side lot and the rear lot line, except where natural or physical barriers exist that are determined by the Township Commissioners to fulfill the landscaping requirement. All plantings and screenings shall comply with the requirements of § 450-19, Fences.

A landscaped area adjacent to the principal building shall also be provided for a minimum of 10 feet in width from the building. A mixture of grass or ground cover, quality shrubs and trees shall be located in the landscaped area.

All areas not covered with impervious surface or buildings shall be landscaped.

Artificial plants are prohibited.

Adequate consideration shall be given to sight distance during review of both plant material and its location.

The Township Commissioners may require additional landscaping and buffering to effectively screen parking areas from neighboring properties.

Building design.

Development character. The transitional overlay includes existing residential neighborhoods. The architectural character of projects developed within this corridor for new buildings shall preserve this residential quality and respect the residential scale through the appropriate massing and scale of proposed buildings, materials use, landscaping and lighting. A residential character is the goal for developments within this district that will blend with the existing residential neighborhoods and preserve the qualities of them. This character will be achieved by using basic guidelines defining height restrictions, materials use, roof treatment, landscaping, site lighting and signage requirements. Those basic guidelines will permit individual flexibility in design and treatment of proposed projects by specifying critical parameters.

Design guidelines. To ensure that office/commercial projects within the overlay reflect a desirable image of this district of the Township, the following architectural guidelines shall be incorporated into the overlay standards.

Material use. All principal and accessory structures shall be constructed primarily of a brick, stone, stucco, fireproof precut stucco or clay tile material and architectural wood siding. Colors and materials shall be compatible with the adjacent residential areas in design and appearance and additions to structure shall be architecturally compatible with the structure itself.

Glazing. Glazing areas shall not exceed 40% of the exterior skin of the structure. Mirrored glazing is not permitted within the district; solar absorption/reflective glazing is an acceptable material.

Screening. All mechanical equipment, including HVAC shall be screened from public view and screening shall be constructed using materials consistent with the primary building.

Any structure located within the overlay must comply with the current International Building Code as adopted by the Commonwealth of Pennsylvania.[7]

Editor's Note: See also Ch. 160, Construction Codes, Uniform.

Accessory structures.

All accessory structures shall be constructed using materials consistent with the primary building.

Outside refuse areas shall be screened with solid fences constructed of wood, vinyl, composite material or masonry (untreated wood, plain concrete block or cinder block is prohibited) at a height sufficient to obstruct sight but not to exceed eight feet in height. Refuse areas may not be located in the required yard.

Height. The height of a nonresidential principal structure shall comply with § 450-12 of this chapter.

Outdoor seating.

Outdoor seating shall not encroach upon the public right-of-way.

Outdoor seating shall be portable and shall be removed at the close of business daily and placed within a secured area where it is not usable by the public after business hours.

The outdoor seating area shall not be open any later than the regular operating hours of the existing establishment.

Music and any other form of entertainment are prohibited.

The operator shall comply with all the requirements of the Allegheny County Health Department and any other applicable ordinances, regulations or statutes.

The number of seats permitted in an outdoor seating area shall be calculated based upon the actual front yard set back multiplied by the actual width of the lot and then divided by 100, as follows:

Existing Front Yard Setback x Existing Lot Width

100

Signage.

Signs shall be permitted as provided for in § 450-35 of this chapter, as designated by the GPT-OZ Zoning District.

Outdoor storage or display of materials or products is prohibited except for display of ornamental flower beds and plants.

Exterior light standards.

Purpose. To allow for the safety and security of a site without disturbance to adjacent property owners or the motoring public, lighting regulations are provided. A lighting plan with fixture type and manufacturer's data shall be provided in the applicant's submission.

Standards.

All parking lots, sidewalks, entrances, signs and property lines shall be provided with a light system that shall conform with the regulations shown in the following table:

Use	Maximum lighting levels at surface (footcandles)
Parking lots	2
Sidewalks and entrances	5
Signs	2
Property line	0.5

Mounting heights of lighting fixtures may not exceed 10 feet. Where raised islands are used to separate parking stalls, the poles may be placed on the island.

At the time any exterior lighting is installed or substantially modified and whenever a site plan approval is sought, an exterior lighting plan shall be submitted to the Zoning Officer in order to determine whether the requirements of this section have been met.

Performance standards. Notwithstanding any other provision of this chapter, it shall be unlawful for any person to erect or construct any building or improvement, or any part thereof, on a site located in the Transitional Overlay Zone unless all the following conditions are met.

No mirrored or reflective glass or material is used on the facade of the building, structure or improvement which faces any residential use.

No loading dock shall face a residential use property (except for noncorner lots and lots separated by a right-of-way). Loading docks shall be subject to approval by the Board of Commissioners.

No shipping or deliveries and loading or unloading shall be permitted prior to 7:00 a.m. or later than 8:00 p.m.

No refuse collection shall be permitted prior to 7:00 a.m. or later than 6:00 p.m. All exterior refuse bins shall remain closed at all times.

The employees, agents, associates, or contractors of a business shall not engage in any conduct or activity which substantially or unreasonably disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area during nonbusiness hours. The factors which shall be considered in determining which activity described above violates this requirement are:

The volume of noise;

Whether the nature of the noise is usual or unusual;

Whether the nature of the noise is natural or unnatural;

The proximity of the noise to the residential sleeping area;

The time of day or night the noise occurs;

The duration of the noise;

Whether the noise is recurrent, intermittent or constant;

[8]

Noises with a continuous or constant volume of 55 DB or more are not permitted.

Processing. GP-TOZ applications shall be processed in accordance with §§ 450-47 through 450-50 of this chapter. The approval or denial of plans shall be based upon their conformance with the criteria set forth by this district and the design manual. The process for review and approval of development proposals shall be as follows:

Step 1: sketch plan meeting. Although not required, it is recommended that developers provide a sketch plan prior to submitting a formal development proposal. This proposal can be presented at any public meeting of the Township (Commissioners, Planning Commission) for informal review and comment.

Step 2: formal development proposal. The developer shall present a formal development proposal to the Township. The submission shall consist of the following elements, at a minimum:

A site plan showing proposed building layout, parking, road access, buffer strip and general landscaping;

An elevation or similar representation of the proposed structure(s);

Signage.

Step 3: Planning Commission review. A copy of the formal development proposal will be forwarded to the Planning Commission and a copy will be sent to the Township Engineer. The Planning Commission shall meet with the developer to discuss the proposal and shall report their findings and recommendations to the Board of Commissioners.