Any hobby farm use is subject to the following supplemental
regulations:
A.
Minimum lot size: three acres.
B.
Maximum lot size: 10 acres.
C.
The number of animals maintained on a hobby farm, if any, shall be
reasonably related to the size of the property, the area available
for grazing, and the capacity of the land to sustain the animals without
creating a nuisance.
D.
A hobby farm shall be for personal use and enjoyment of the owner
and shall not involve rental, boarding or similar activity.
E.
All stables or other buildings in which animals are kept and storage
of manure shall be located as far from property lines as is reasonable
and in no case shall a stable or other building in which animals are
kept or storage of manure be located closer than 100 feet to an occupied
residential dwelling on an adjacent property and no such structure
shall be located closer than 50 feet to any property line.
F.
No grazing of any animals shall permitted closer than 100 feet from
any occupied dwelling.
G.
The area of the property used for grazing, if any, shall be adequately
fenced to properly enclose the animals.
Any home occupation use is subject to the following supplemental
regulations and shall receive a home occupation permit from the Township.
A.
The employees of a home occupation may include the residents of said
dwelling and a maximum of one nonresident.
B.
A home occupation shall not exceed 25% of the gross floor area (GFA)
of the residence, including the space to maintain the equipment needed
in the occupation (business).
C.
The use shall not create any additional environmental impact other
than those impacts, including but not limited to road infrastructure,
traffic, garbage, water and sewage, normally resulting from residential
use.
D.
The use shall not cause an increase in the use of water, sewerage,
garbage, public safety or any other municipal services beyond that
which is normal for an average residence in the neighborhood.
E.
The use shall not require internal or external alterations or construction
features which change the fire rating of the structure.
F.
There shall be no use of materials or equipment except that of similar
power and type normally used in a residential dwelling for domestic
household, farming or agricultural purposes.
G.
There shall be no storage of materials or equipment outside an enclosed
building.
H.
The conduct of any home occupation, including but not limited to
the storage of goods or equipment, shall not reduce or render unusable
areas required for enclosed parking for the dwelling unit.
I.
The use shall not create greater vehicular or pedestrian traffic
than that which is normal for the residences in the neighborhood.
J.
All needs for parking generated by the conduct of a home occupation
shall be provided for on the lot.
K.
The home occupation shall not involve the use of vehicles in excess
of one ton capacity or 9,000 pounds gross vehicle weight for delivery
of materials to or from the premises, and such vehicles shall not
be parked on the premises.
L.
There shall be no regular display of merchandise available for sale
on the premises; however, merchandise may be stored on the premises
for pickup and/or delivery.
M.
The home occupation shall not involve the use of advertising signs
on or off the premises or any other local advertising media which
shall call attention to the fact that the home is being used for business
purposes other than a telephone listing or small classified ad briefly
describing the service and providing only a telephone number.
N.
The following uses shall not be considered to be home occupations
and shall be limited to the districts in which they are specifically
authorized as permitted uses or conditioned uses:
(1)
Veterinary clinic.
(2)
Automobile sales, rental, service and repair shops.
(3)
Personal services that can serve more than one customer at a time.
(4)
Hospitals, nursing homes, group living facilities.
(5)
Kennels.
(6)
Funeral homes.
(7)
Club or lodge.
(8)
Private instruction to more than three students at a time.
(9)
Restaurants.
(10)
Equestrian facilities.
O.
Day care, as defined by this chapter, shall be considered a home
occupation, provided that:
(1)
All of the foregoing standards for a home occupation are met.
(2)
An adequate area for outdoor recreation shall be provided and shall
be secured by a fence with a self-latching gate.
(3)
A safe area shall be provided for dropping off and picking up children
which does not obstruct the free flow of traffic on any public street.
(4)
Any approved home occupation which requires any type of public access
to the dwelling must obtain all required approvals from the Pennsylvania
Department of Labor and Industry.
(5)
Normal hours of operation shall be a maximum of 7:00 a.m. to 9:00
p.m. for customer/client traffic.
A.
Throughout the entire Township, all lighting or illumination by any
means, whether by electric or otherwise, whether the same is indoors
or outdoors, is to be located and directed and of such an intensity
so as not to create a hazardous condition or damage to the person
or property of others or interfere with or restrict the lawful use
and enjoyment by others of property in the Township. Any illumination
or lighting which is of such intensity or so directed or so located
as to cause a hazardous condition or danger to the person or property
of others or interfere with and restrict the lawful use and enjoyment
of property in the Township by others is hereby declared to be a public
nuisance.
B.
There shall be a maximum illumination value shall be 0.10 horizontal
and vertical footcandles at all lot lines when measured three feet
above the ground surface.
C.
The maximum on-site illumination value of three footcandles and the
average on-site illumination value shall be less than or equal to
one footcandle when measured three feet above the ground surface.
D.
No more than 5% of the fixture's lumens shall be emitted at a 90°
angle or greater from nadir.
Land development plans for commercial and industrial uses shall
be designed to minimize the points of access to arterial and collector
roads. The site of a shopping center, office industrial use which
contains multiple buildings shall be designed to encourage the use
of common driveways and shared parking and loading areas within the
site to control access to arterial or collector roads. Ingress, egress
and internal traffic circulation on the site shall be designed to
minimize congestion and ensure safety and to provide accessibility
to all buildings for firefighting equipment and emergency vehicles.
A.
Unless otherwise specified by this chapter, in all residential districts,
no parking shall be permitted in front and side yards. In the B and
M Districts, parking is permitted in front and side yards as long
as a five-foot setback/buffer strip (measured from property line)
is provided for screening or landscaping.
B.
Parking areas and access drives for nonresidential uses. Parking
areas containing more than five parking spaces and driveways serving
nonresidential uses shall be located at least 10 feet from any property
line.
Storage of any merchandise other than explosives or inflammables;
garbage, offal or dead animals; rags or junk; petroleum or other bulk
liquid hydrocarbons in excess of an amount necessary for use on the
premises, except that of fuel storage tanks for a motor vehicle service
station, may be permitted in the B and M Districts.
A.
A temporary structure shall not be a permanent use. Temporary structures
may include but are not limited to a shed or trailer that is temporarily
used for construction purposes. Such structures shall not disturb
or impair traffic ingress/egress, the clear sight triangle at intersections
of driveways and streets or the intersection of streets and fire lanes
and shall be authorized, in writing, by the owner of the lot(s).
B.
A temporary structure may be permitted on private property for a
period of one day to 45 days. An extension of time may be requested
by the landowner and/or developer in writing to the Zoning Officer,
provided the purpose for which the temporary structure has been permitted
is still actively being used. No more than two forty-five-day extensions
shall be permitted for temporary structures that are not related to
construction activities. Temporary structures related to construction
activities shall be removed immediately upon completion of construction.
C.
A temporary structure may be permitted in Township right-of-way for
a period of one day to 30 days.
D.
A temporary structure shall not alter the movement of traffic or
parking arrangement of cars in a designated parking lot.
A.
At least 30 days prior to the initiation of any activities contemplated
in this chapter within the Township, the operator shall submit an
application for a zoning permit for development activities within
the Township, with the required fee, to include but not limited to,
the following:
(1)
A copy of the well location plat submitted to the Pennsylvania Department
of Environmental Protection showing the location(s) of the planned
wells;
(2)
A general description of the planned operation of the planned well(s)
and associated equipment used in development of the well(s);
(3)
A copy of the drilling permit issued by the Pennsylvania Department
of Environmental Protection (DEP);
(4)
Written permission, i.e., lease, memorandum, or agreement, from the
property owner(s) who have legal or equitable title in and to the
surface property of the drill site;
(5)
A map showing the planned access route(s) to the well sites on public
roads;
(6)
Information on the status of road bonding;
(7)
The operator's erosion and sedimentation plan;
(8)
Planned hours of construction activities involving excavation or
alteration to the repair work on any access road or well site;
(9)
Procedure and method of compliance with the noise control provisions
of this chapter;
(10)
Plan to control spill, leak or malfunction and to remove or
cause to be removed all waste materials from any public or private
property affected by such spill, leak or malfunction;
(11)
The name of the on-site supervisor of the drilling operation
and toll-free number where such person can be reached 24 hours a day;
(12)
The identity, address and contact numbers for all subcontractors
associated with the development or production facility. The Township
will be associated with the development or production facility. The
Township will be notified by the operator within 48 hours of any subcontractor
changes;
(13)
Verification that the operator has read and will comply with
all provision of this chapter.
B.
Conditions and standards.
(1)
At least 30 days prior to initial development activities in the Township,
the operator/applicant shall attend a public meeting after submitting
information required by this chapter to the Township so the Board
may review prior to that public meeting. The operator/applicant will
allow for questions and answers related to the development plans thereto.
The operator shall notify owners of real estate within 1,000 feet
of contemplated drilling within the Township, the date, time and location
of the meeting, and the approximate location of the proposed well
site, well sites and compressor stations at least once, not more than
30 days and not less than seven days in advance of the meeting. If
requested by Township, and if drilling activities continue for more
that 12 months, the operator shall attend additional meeting and present
information, but shall not be required to do so more often than annually,
unless additional well sites not previously discussed at a public
hearing are proposed.
(2)
Operator shall comply with any general applicable bonding and/or
maintenance agreements required for the Township roads that are to
be used by overweight vehicles and equipment for development activities.
(3)
Operator shall take the necessary safeguards to ensure that the Township
roads utilized remain free of dirt, mud and debris resulting from
the development activities and/or shall ensure such roads are promptly
swept or cleaned if dirt, mud and debris occur.
(4)
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 permitted, during periods of anticipated heavy
or frequent truck traffic associated with developments, operator will
provide flagmen to ensure the safety of children at or near schools
or school bus stops and include adequate signs and/or other warning
measures for truck traffic and vehicular traffic.
(5)
The first 100 feet of access driveway off the public road to the
drill site shall be paved and also gated at the entrance to prevent
illegal access into the drill site. The operator may either pave or
use aggregate on the remaining portion of the access road. The drill
site assigned address shall be clearly visible on the access gate
for emergency 911 purposes. In addition, the sign shall include the
well name and number, name of the operator and the telephone number
for a person responsible who may be contacted in case of emergency
24 hours a day, seven days a week.
(6)
Access directly to state roads shall require Pennsylvania Department
of Transportation (PennDOT) highway occupancy permit approval. Prior
to initiating any work at a drill site, the Township shall be provided
a copy of the highway occupancy permit.
(7)
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. However, operator shall be permitted to, consistent with Chapter 131, Burning, Open, to burn any brush, trees, or stumps that have been removed from the ground and collected into a pile or piles on the properties where the operator is engaging in development.
(8)
Prior to commencement of drilling activity, operator shall provide
to the Township's first responders, and Zoning Officer, a copy of
its preparedness, prevention and contingency (PPC) plan.
(9)
Before drilling, the Township shall ascertain whether the Township's
first responders have secured adequate information to deal with any
potential dangerous conditions that may result due to development
activities. The Township Zoning Officer, Township Engineer, Township
Emergency Management Coordinator and first responders shall have on-site
orientation and be provided adequate awareness information. Upon request
from the Township, operator will, prior to drilling of an oil and
gas well, make available with at least 30 days' notice, at its sole
cost and expense, and appropriate site orientation for first responders.
Such site orientation shall be made available at least annually during
the period when the operator anticipates drilling activities in the
Township.
(10)
Operator shall take the necessary safeguards to ensure appropriate
dust-control measures are in place.
(11)
Recognizing that the specific location of equipment and facilities is an important and integral part of the oil and gas development, and as part of the planning process, operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future Township development activities as authorized by this chapter and Chapter 360, Subdivision and Land Development.
(12)
Recognizing that adequate and appropriate lighting is essential
to the safety of those involved in the development of oil and gas,
the operator shall take steps, to the extent practicable, to direct
site lighting downward and inward toward the drill site, wellhead
or other are being developed so as to attempt to minimize glare on
public roads and adjacent buildings within 300 feet of the drill site
wellhead or other area being developed.
(13)
Prior to drilling an oil and gas well or multiple oil and gas
wells at a location, but no later than two weeks beforehand, the operator
shall provide the following information to both the Township Zoning
Officer and each resident within 1,000 feet of the planned surface
location of the wells(s):
(a)
A copy of the well survey plat showing the location(s) of the
planned well(s);
(b)
A general description of the planned operations at the planed
well(s) and associated equipment used in the development of the well(s);
(c)
The contact information for the operator, or his representative,
to be reached 24 hours a day, seven days a week; and
(d)
The availability of the operator to hold a meeting with such
residents to present operator's plans for the well(s) and allow for
questions and answers. The meeting(s) shall be held prior to well
site construction.
(14)
In addition to the above requirements, for any oil and gas well
where the planned surface location of the well will be within 600
feet of a protected structure, the operator shall:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Install permanent fall protection fencing meeting OSHA requirements
around any pits that contain or could contain water or other liquids
at depths greater than two feet;
(b)
Install warning signs providing notice of the potential dangers
at the well site;
(c)
Provide at least one security guard 24/7 at all times when drilling
rig or hydraulic fracturing equipment is on the well site.
(15)
In addition to the requirements in Subsection B(1) through (14) above, prior to drilling an oil and gas well or multiple oil and gas wells at a location, no later than two weeks beforehand, the operator shall notify each resident where horizontal drilling will take place under their property for informational purposes.
(16)
Prior to the commencement of drilling activities, no construction
activities involving excavation of, alteration to, or repair work
on any access road or well site shall be performed during the hours
of 8:00 p.m. to 6:00 a.m.
(17)
The Township recognizes and acknowledges that oil and gas development
is accompanied by inherent noise. However, the operator shall take
the following steps to minimize, to the extent practicable, the noise
resulting from the development:
(a)
Prior to drilling of an oil and gas well, the operator shall
establish a continuous seventy-two-hour ambient noise level at the
nearest protected structure property line or 100 feet from the nearest
protected structure (as measured to the closest exterior point of
the building), whichever is closer to the protected structure or,
alternatively, and in lieu of establishing the above seventy-two-hour
ambient noise level, the operator may assume and use, for the purposes
of compliance with this chapter, a default ambient noise level of
55 dBA. The sound level meter used in conducting any evaluation must
be calibrated for accuracy at all times and shall meet the American
National Standard Institute's standard for sound meters or an instrument
and the associated recording and analyzing equipment which will provide
equivalent data.
(b)
The operator shall provide documentation of any established
seventy-two-hour evaluation relied upon to establish an ambient notice
level greater that 55 dBA to the Township's Zoning Officer within
three business days of such a request from the Zoning Officer.
(c)
The noise generated during drilling and hydraulic fracturing
activities when measured at the nearest protected structure property
line or 100 feet from the nearest protected structure property (as
measured to the closest exterior point of the building), whichever
is closer to the protected structure, shall not exceed the average
ambient noise level (as determined by the seventy-two-hour evaluation
or default level, whichever is higher):
(d)
The operator shall inform the Township of which level (average ambient
noise level or default level) is being used. In addition, the Township
may require acoustical blankets, sound walls, mufflers or other alternative
methods to ensure compliance depending on the proximity of the location
of a proposed drill site relative to adjacent residential properties.
(e)
Adjustments to the foregoing noise limits may be permitted in
accordance with the following:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
|
|---|---|
|
5
|
15
|
|
10
|
5
|
|
15
|
1
|
|
20
|
1
|
|
NOTES:
| |
|
*
|
Cumulative minutes during any one hour.
|
(18)
If a complaint is received by the Township from any person,
whether a resident or otherwise, using the protected structure as
defined herein for any lawful purpose, regarding noise generated during
drilling or hydraulic fracturing activities, the operator shall, within
24 hours of receipt of the complaint from the Township, continuously
monitor for a forty-eight-hour period at a point which is closer to
the complainant's building of:
(19)
If the operator engages in any noise testing as required by
this chapter, it will provide preliminary data to the Township no
later than 10 business days following completion of the noise testing.
Once the monitoring is complete, operator will meet with the Township
Zoning Officer or Township Code Enforcement Officer and affected residents
to discuss whether possible noise abatement measures are warranted,
if the permitted levels set for herein were exceeded.
(20)
Exhaust form any internal combustion engine or compressor used
in connection with the drilling of any well or for use on any production
equipment or used in development shall not be discharged into the
open air unless it is equipped with i) an exhaust muffler or ii) an
exhaust box. The exhaust box shall be constructed on noncombustible
materials designed and installed to suppress noise and disruptive
vibrations. Moreover, all such equipment with an exhaust muffler or
exhaust box shall be maintained in good operating condition according
to manufacturer's specifications.
(21)
All work over operations shall be restricted to the hours of
6:00 a.m. to 8:00 p.m., except in the extent of an emergency, as reasonably
determined by the operator. "Work over operations" shall mean work
performed in a well after its completion in an effort to secure production
where there has been none, restore production that has ceased, or
increase production.
(22)
Operator will ensure that any and all vehicles servicing oil
and gas well site, whether owned by the operator or not, are equipped
with mufflers and other equipment to minimize the noise generated
by the use of these vehicles.
(23)
Subsection B(1), (15), (16) and (17) above shall not apply to coal bed methane and conventional oil and gas well drilling and completion activities, i.e., those wells drilled to depths shallower than the base of the Elk sandstone or its stratigraphic equivalent, and such oil and gas well drilling of a single well on a well site for no more than seven consecutive days total in any calendar year.
(24)
The Township reserves the right to review and approve all temporary
housing arrangements for employees of operator and any subcontractors
working on the oil and gas well site during the duration of drilling
operations.
(25)
All permanent surface facilities shall be painted an earth tone
color to blend in with the surrounding area. The Township may require
fencing and or landscaping to buffer the facilities from adjacent
properties.
(26)
No drilling will be conducted closer than 300 feet to any adjacent
property line or public right-of-way without written permission from
that adjacent property owner(s) and/or lessor(s) of the property.
(27)
No drilling operations shall be conducted closer than 600 feet
from the center of the drilling pad to any existing dwelling school,
hospital or similar residential use or to any water source for such
uses without written permission from those owner(s) and/or lessor(s).
