Except as provided by law or this chapter, in each zoning district
no building, structure or land shall be used or occupied except for
the purposes permitted in the zoning districts as indicated herein.
[Amended 6-9-1992 by Ord.
No. 70; 6-10-1997 by Ord. No. 90; 2-3-2001 by Ord. No. 103; 2-18-2004 by Ord. No. 112; 11-15-2005 by Ord. No. 124]
A. E-1 Retail Trade and Retail Service: establishments engaged in selling
goods or merchandise to the general public for personal or household
consumption and rendering services incidental to the sale of such
goods; or establishments primarily engaged in providing services involving
the care of a person or his or her apparel. This use shall include
garden center: a retail store selling plants, pottery, potting soil,
fertilizers, mulch, garden tools, hardware and the like or any combination
thereof as a primary use of the premises. Garden centers are only
permitted as E-1 uses. Such use does not include an eating place or
other use specifically designated in this chapter as a separate use.
(1) All products produced on the premises shall be sold on the premises.
(2) Over-the-counter sale of alcoholic beverages in taverns and bars
is not included.
(3) Stores or groups of stores with a gross floor area in excess of 10,000
square feet are not included.
B. E-2 Large Retail Store. A large retail store is a store with greater
than 10,000 square feet of floor area; and any variety store, supermarket,
department store, home improvement center or discount store, regardless
of size.
C. E-3 Financial Establishment.
(1) A financial establishment shall include a bank, savings and loan
association, credit union or other financial establishment.
(2) If a drive-in window is provided, a stacking area to accommodate
at least six vehicles shall be provided for each drive-in window.
D. E-4 Eating Place: any place for the sale and consumption of food
and beverages without drive-through window service, which is prohibited.
E. E-5 Eating Place, Drive-Through and Fast-Food: cafeterias and eating
establishments in which the principal business is the sale of foods
and/or beverages in ready-to-consume state for consumption either
within the restaurant building or for carry-out with consumption off
the premises.
(1) The use must have direct access to a collector or arterial street.
(2) There shall be only one point of ingress and only one point of egress
per collector or arterial street.
(3) Where a drive-in window is proposed, a stacking lane shall be provided
to serve a minimum of nine cars. The stacking lane shall not be used
for parking lot circulation aisles, nor shall it in any way conflict
with through circulation or parking.
(4) A pedestrian walkway shall be provided between an existing sidewalk
and the entrance to the restaurant.
(5) All such restaurants shall provide a trash storage area which shall
be screened from the street and adjacent properties by an enclosed
fence at least six feet in height to prevent trash from blowing from
the area and to serve as a visual screen for the trash area.
(6) Trash receptacles shall be provided outside the restaurant for patron
use.
F. E-6 Repair Shop: any business for the repair of consumer goods, but
not including repair of automobiles, motor vehicles or motorcycles
and not including the repair of other items which, as part of the
repair process, causes noise, fumes or other disturbances to emanate
to the property line of the establishment.
G. E-7 Motel or Hotel: a building or group of buildings containing rooms
for rent for the accommodation of transient guests and may include
an eating place.
(1) The use must have direct access to a collector or arterial street.
(2) Units in such facilities shall contain a minimum of 200 square feet
of floor space, with a minimum of two rooms: a bedroom and a separate
bathroom equipped with a flush toilet, a lavatory basin and a bathtub
or shower.
H. E-8 Entertainment.
(1) An entertainment facility shall include a bowling alley, skating
rink, billiard hall, indoor movie theater, theater or other similar
uses. This use shall not include any activity which meets the definition
of Use E-18, Adult Entertainment.
(2) No audio speakers or equipment shall be installed inside or outside
the location of such use which would cause sounds to emanate beyond
the property boundaries.
I. E-9 Service Station: a facility whose principle function is the sale
of gasoline and fuels for motor vehicles and/or routine automobile
service and inspection, which may include lubricating, repairing or
otherwise servicing motor vehicles but shall not include painting,
body and fender repairs or vehicular sales. Minor automobile accessories
and food or beverage items may also be sold, subject to the limitations
of this chapter. Any use which provides for gasoline and fuel sales
directly to retail customers shall be considered to be a service station
and shall meet the requirements of this use.
(1) Minimum lot width of not less than 200 feet shall be provided along
each street on which the lot abuts.
(2) The minimum lot area shall be one acre.
(3) Access to roads shall be at least 50 feet from the intersection of
any streets.
(4) Such use may only be located on an arterial road.
(6) All pumps, lifts and other service facilities shall be located not
closer than 35 feet to any property or street line.
(7) No vehicle shall be stored in the open, except those awaiting minor
repairs, for a period exceeding seven consecutive days, unless screened
from adjacent roads or residential properties.
(8) All lubricating, making of minor repairs or similar activities shall
be performed in an enclosed building.
(9) Only one accessway for ingress and egress of motor vehicles shall
be provided unless otherwise required by PennDOT and/or the Township.
No accessway shall exceed 35 feet in width nor be less than 15 feet
in width.
(10)
Access to the street shall be physically controlled by a minimum
10 feet wide landscape strip along all street frontages except where
broken for accessways.
(11)
All automobile parts and similar articles shall be stored within
a building.
(12)
Junk vehicles shall not be stored in the open at any time.
(13)
The sale or rental of automobiles, trucks or other motor vehicles
shall be prohibited.
(14)
A service station may contain the following four types of activities:
fuel pumps; convenience commercial, which is the sale of convenience
food and beverage items; service bays; and/or car wash. Convenience
commercial shall be limited to 4,000 square feet of floor area and
meet the requirements of the use convenience store (E-17) of this
chapter, except that the minimum lot area required for a convenience
store operated as part of a service station shall be one acre total.
(15)
No drive-through windows are permitted for sale of convenience
items.
(16)
All requirements of §
234-24J (Accessory Use H-10) relating to regulated storage tanks shall be met.
[Amended 11-20-2012 by Ord. No. 146]
J. E-10 Motor Vehicle Sales: the sale and lease of new and/or used automobiles,
boats, motorcycles; or car, motorcycle and/or boat rentals; or the
sale and/or rental of travel campers and recreational, vehicles. This
use may include trucks with a maximum gross vehicle weight not exceeding
10 tons.
(1) Lighting. All outside lighting shall be directed in such a way as
not to create a nuisance to any adjacent property, and all lighting
shall be arranged and shielded so as to protect the street or highway
and adjoining property from direct glare or hazardous interference
of any kind.
(2) All facilities shall be located and all services be conducted within
the confines of the lot.
(3) All preparation, lubrication, repair, state inspection/emission testing
or similar activities shall be accessory to the principal use and
shall be conducted within a building.
(4) Only one accessway for ingress and egress of motor vehicles shall
be provided unless otherwise required by PennDOT and/or the Township.
No accessway shall exceed 35 feet in width nor be less than 15 feet
in width.
(5) Access to the street shall be physically controlled by a minimum
10 feet wide landscape strip along all street frontages except where
broken for accessways.
(6) All vehicle parts and similar articles shall be stored within a building.
(7) Storage or display of automobiles, trucks, boats and other vehicles
for sale shall be placed no closer to the ultimate street right-of-way
line than 25 feet.
(8) There shall be no more than one access point into the facility from
each street on which the facility has frontage, unless more than one
is specifically permitted by the Board of Supervisors.
(9) An auto body shop may be included as an accessory use, incidental
and subordinate to the automotive sales, provided that it meets the
regulations of use E-11 Automotive Body Repair and Paint Shop, and
provided that it is located at the rear or side of the building containing
the principal use.
(10)
All refuse shall be stored within a building or enclosed area.
K. E-11 Automotive Body Repair and Paint Shop: establishments doing
paint spraying, body and fender work and custom body work.
(1) All such work shall be performed within a building.
(2) All related automotive parts, refuse and similar articles shall be
stored within a building or enclosed area screened from view from
the street or surrounding properties.
(3) No vehicle shall be stored in the open awaiting repairs for a period
exceeding 14 consecutive days, unless screened from all adjacent roads
and properties by a fence or compact hedge at least eight feet in
height.
(4) All facilities and operations must comply with all applicable state
and federal regulations.
L. E-12 Car Wash.
(1) A car wash shall include a water recycling facility.
(2) Car washes shall be designed with a stacking area adequate for six
cars so that waiting cars do not interfere with traffic flow.
(3) The facility shall have a drainage system which ensures that water
will not collect on driveways, sidewalks or streets.
M. E-13 Shopping Center: a building or a group of buildings, designed
as a planned complex of related structures and circulation patterns,
subject to the following additional criteria:
(1) Such centers shall have a lot area of not less than 10 acres and
a lot width of not less than 500 feet at the street right-of-way line.
(2) Such centers may only be located on an arterial or higher order road.
(3) The shopping center shall be constructed in accordance with an overall
plan and designed with a single architectural style, approved by the
Board of Supervisors.
(4) Regulations dealing with lighting, parking, outdoor storage, buffering,
points of access, signs, landscaping and other applicable regulations
set forth herein shall be met.
(5) All establishments in the shopping center must have vehicular service
access either from an individual service yard or from a common service
area serving several establishments. All such service areas must be
segregated from public areas and screened from public view.
(6) Within a tract to be used for a shopping center, subdivision of the
tract into individual lots is not permitted.
(7) All structures in a shopping center shall be connected either as
part of one large structure or by means of pedestrianways or walkways
on which pedestrians can move from one building to another without
interference from vehicular traffic. No freestanding buildings without
such connections shall be permitted as part of a shopping center.
N. E-14 Specialty/Neighborhood Shopping Facility: small stores dealing
in handicrafts, art, flowers, boutiques, antiques, small specialty
household items or other household goods or other similar items; major
chain stores, supermarkets, department stores, discount stores, service
stations, home centers or variety stores shall not be permitted.
(1) Minimum lot area is three acres.
(2) The maximum size of any one shop shall be 3,000 square feet.
(3) The facility shall be planned and designed as a single complex centering
around a pedestrian or common area.
(4) The facility shall be designed with a single architectural theme
and with signs and lighting compatible with a small-scale shopping
facility.
(5) The distance, at the closest point, between any two buildings or
groups of units of attached buildings shall not be less than 20 feet.
O. E-15 Funeral Home: a mortuary or funeral home; but not including
a cemetery, columbarium, mausoleum or other permanent storage facility.
P. E-16 Recreational Campsites: a lot on which two or more campsites
are located, established or maintained for occupancy as temporary
living quarters for recreation or vacation purposes. A campsite shall
be a plot of ground intended for the accommodation of either a recreational
vehicle, tent or other individual camping unit. Such campsites shall
be rented by the day, week or month only and occupants of such sites
shall not use the campsite as a permanent residence. Campsite facilities
may include an accessory retail facility which sells food and consumer
items to the residents of the campsite. Such retail facility shall
be accessory to the campsite and shall not have more than 1,200 square
feet of sales area.
(1) The minimum site area shall be 10 acres.
(2) The maximum density permitted is 10 campsites per acre.
(3) Sewage disposal facilities shall be satisfactory to the Bucks County
Department of Health.
(4) A minimum of 40% of the site shall be kept as open space, exclusive
of buffer yards. Buffer yards shall be 200 feet from all property
lines.
(5) The maximum stay in the facility by any individual or family shall
not exceed six months in any one calendar year.
Q. E-17 Convenience Store: a retail store offering primarily groceries,
prepared food items and other small consumer items intended for quick
carry-out trade. Where sale of gasoline or fuel is proposed, the use
shall be located only in the district where the use service station
(E-9) is permitted and only where the requirements for service station
use are met.
(1) Minimum lot area shall be one acre.
(2) Access to the street shall be physically controlled by concrete curbing
at least eight inches in height and a ten-foot-wide landscaped strip
along all streets frontages and broken only for accessways.
(3) There shall be no more than one access point into the facility from
each street on which the facility has frontage, unless specifically
permitted by the Board of Supervisors.
(4) Such use may only be located on an arterial road.
(5) No drive-through windows are permitted.
(6) Trash receptacles shall be provided outside. Outdoor collection stations
shall be provided for garbage and trash removal. These stations shall
be located in the rear of the structure and shall be screened from
view and landscaped.
(7) Establishments which offer food items for sale, other than prepackaged
food items, must meet current Bucks County Department of Health regulations,
including a food establishment license and public water supply permit.
R. E-18 Adult Entertainment: establishments devoted to the display and
selling of materials which are pictures, drawings, photographs, videos
or other depictions or printed material and paraphernalia or explicit
sexual materials which, if knowingly sold to or viewed by a child
under 18 years of age, would violate the criminal laws of the Commonwealth
of Pennsylvania in effect at the same time thereof. The following
provisions shall also apply:
(1) A building or structure for such use shall be located no less than
500 feet from any residential use or residential district, public
or private school, church, recreation facility or park or any other
religious, educational or institutional use.
(2) No materials sold within shall be visible from any window, door or
exterior of the building.
(3) No persons under the age of 18 years of age shall be permitted within
an adult entertainment establishment.
S. E-19 Mini-Warehouse. Such use shall be limited to the storage of
personal property within a mini-warehouse structure.
(1) Such use shall be surrounded by a physical barrier, such as a fence,
measuring at least six feet in height, and by a buffer strip at least
10 feet in width. The buffer strip shall be planted outside of the
fence or other barrier and shall consist of plants which will hide
the fence from view from the street and other properties.
(2) The minimum driveway width between buildings shall be 25 feet.
(3) No business activity other than leasing of storage units shall be
permitted.
(4) All storage shall be within enclosed buildings, except that no more
than 10% of the total storage area may be devoted to outdoor parking
spaces for boats, cars, recreational vehicles or other noncommercial
vehicles.
(5) Storage of explosive, radioactive or highly flammable materials and
chemicals is prohibited.
T. E-20 Flea Market: the outdoor sale of handicraft items, art, flowers,
household goods and antiques.
(1) The maximum site area shall be 10 acres.
(2) The minimum site area shall be five acres.
(3) The minimum setback from all property lines and the street right-of-way
line shall be 50 feet.
(4) A planted buffer 25 feet in width shall be provided wherever the
use abuts a noncommercial district or use.
(5) Snack stands and food vendors operating outside an enclosed building
are permitted. Vending machines located outside an enclosed building
are prohibited.
(6) Tables and other accessories to the flea market use shall be stored
within a completely enclosed building when the market is not open
or otherwise in operation.
U. E-21 Commercial Kennel: the keeping of more than 10 dogs and/or domesticated
animals that are more than four months old for breeding, boarding,
grooming and training is permitted, provided that the following conditions
are met:
(1) Minimum lot size shall be 10 acres.
(2) No animal shelter or runway shall be located closer than 300 feet
to any property line.
(3) The kennel shall be constructed so that the animals cannot stray
therefrom.
(4) The property shall have a buffer yard 20 feet in width containing a dense screen of plantings, planted in accordance with §
234-30 of this chapter, along all property and street lines.
(5) The number of dogs and/or other domesticated animals shall not exceed
10 per acre.
V. E-22 Medical Marijuana Dispensary Facility: an activity or operation
owned and operated by a "dispensary," as that term is defined in Act
16 of 2016, known as the "Medical Marijuana Act" ("Act"). As used in this §
234-21V, "dispensary company" shall have the same meaning as the term "dispensary" defined in the Act. Medical marijuana dispensary facilities shall be subject to the following regulations:
[Added 1-19-2017 by Ord.
No. 163]
(1) A medical marijuana dispensary facility shall be owned and operated
in accordance with all applicable laws and regulations, including
the Medical Marijuana Act and federal memoranda regarding medical
marijuana.
(2) No medical marijuana dispensary facility shall be located within
1,000 feet of the property line of a public, private, or parochial
school or day-care center.
(3) A medical marijuana dispensary facility shall be clearly identified
as such in its signage.
(4) A medical marijuana dispensary facility shall be subject to quarterly
inspection by the Township Zoning Officer or other Township designee.
(5) Permit application requirements:
(a)
A copy of the permit issued to the dispensary company by the
Pennsylvania Department of Health under the Act.
(b)
Documentation of procedures and measures used or to be used
by the medical marijuana dispensary facility and its owner and/or
operator to ensure compliance with or to abide by:
[1]
The Medical Marijuana Act;
[2]
Federal memoranda regarding medical marijuana, including inter
alia, the August 29, 2013, United States Department of Justice memorandum
(known as the "Cole memorandum"); and
[3]
All other applicable laws and regulations governing the dispensary
company or the medical marijuana dispensary facility, including the
Township's Code of Ordinances.
(c)
Documentation that the dispensary company has provided the following
information to the Pennsylvania State Police:
[1]
Contact information [name, phone number(s), e-mail, mailing
address] for two individuals at the medical marijuana dispensary facility
and two individuals of the dispensary company who the Pennsylvania
State Police may contact should suspicions of illegal activity or
other concerns arise regarding the medical marijuana dispensary facility.
(6) Effect on federal law. Nothing in this §
234-21V shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.
[Amended 6-9-1992 by Ord.
No. 70; 2-13-2001 by Ord. No. 103; 12-17-2003 by Ord. No. 111; 5-18-2006 by Ord. No. 126; 4-17-2007 by Ord. No. 129; 5-20-2009 by Ord. No. 137]
A. G-1 Manufacturing: establishments engaged in the mechanical or chemical
transformation of materials or substances into new products, including
the assembling of component parts, the manufacturing of products and
the blending of materials such as lubricating oils, plastics, resins
or liquors.
B. G-2 Research: scientific or industrial research, testing or experimental
laboratory or similar establishment for research or product development,
provided that:
(1) No research facility shall be a commercial production facility.
(2) No research facility shall be permitted which constitutes a danger
to the community because of combustible, chemical or radioactive materials.
C. G-3 Wholesale: establishments engaged primarily in the selling of
merchandise to retailers; to industrial, commercial, institutional
users or to other wholesalers.
D. G-4 Contractor Services: offices and shops for contractors such as
builders, electricians, plumbers, masons, painters, landscapers, roofers
or similar contractors.
E. G-5 Fuel Storage and Distribution: establishments primarily engaged
in fuel storage and distribution.
(1) Minimum lot area shall be five acres.
(2) The facility and accessory storage areas shall be set back a minimum
of 100 feet from the ultimate street right-of-way and from all other
property lines.
F. G-6 Building Materials Sales: establishments such as lumber yards
and those offering for sale finished products used in building and
construction. This use shall not include home centers which shall
be classified as Use E-2, Large Retail Store.
(1) Millworking is permitted as an accessory use.
(2) Storage yards shall be fully enclosed by fencing and landscaping.
(3) The storage of flammable or toxic gases and liquids and the production
and mixing of asphalt and concrete is prohibited.
G. G-7 Truck Terminal: establishments used for the storage of trucks
and/or the transfer of freight, other than solid waste, from one truck
to another. Short-term warehousing may be permitted.
H. G-8 Food Processing: establishments engaged in food processing, packing,
canning of meat, fish, dairy and other food products as well as the
manufacture and packaging of nonalcoholic beverages.
I. G-9 Solid Waste Facility. Such use shall be limited to those uses meeting the definition of "solid waste facility" as set forth in Article
II. In addition, the following regulations shall apply:
(1) Landscaping shall be provided to buffer and screen the use from surrounding properties, to compliment buildings and other structures on the site and to enhance the overall character of the facility. A buffer zone of 50 feet in width shall be established from the property line to a line of evergreen trees which shall be planted around the perimeter of the site in accordance with the buffer standards of Article
V herein.
(2) The facility shall be screened by fencing, walls, berming and other
site improvement features to complement the proposed landscaping buffer
and shall be surrounded by adequate fencing to prevent unauthorized
entry.
(3) The facility shall provide adequate signs which shall be in accordance with Article
IX and which shall be crafted to be attractive and of the highest graphic quality in keeping with the character of surrounding properties.
(4) The facility shall provide adequate exterior lighting for the safe
and efficient operation and security of the facility but as minimal
and subdued as possible using light posts and fixtures complimentary
to the proposed architecture and the character of the surrounding
neighborhood.
(5) The facility shall provide for adequate environmental controls to
minimize noise, vibration, glare, heat, odor, smoke, dust, fumes,
vapors, gases, air emissions and water effluents, as required under
appropriate and relevant federal and state environmental laws.
(6) The facility shall include efficient mitigation of potential adverse environmental impacts as described in the environmental impact assessment requirements of this Article
VII.
(7) The facility shall not include any building with a height in excess
of 35 feet; provided, however, that for every foot that any building
might necessarily be constructed in excess of 35 feet (exclusive of
any exhaust stacks) in order to operate properly and safely, five
additional feet of front, side and rear yard setback shall be provided,
but in no case shall the overall height exceed 55 feet.
(8) The facility shall not include any exhaust or other stack with a
height in excess of 100 feet, except as required under the United
States Environmental Protection Agency (EPA) or other federal or state
regulations and shall provide safeguards and meet Federal Aviation
Administration (FAA) regulations regarding limitations relative to
airport safety and sound engineering practices.
(9) The facility shall provide adequate storage, loading and unloading facilities and sufficient paved turning areas to permit unobstructed maneuvering room for trash, transfer and ash trucks and shall provide adequate automobile parking as required by Article
V herein.
(10)
The facility shall have a contract with a pest and rodent control
company for the regular elimination and control of rats, flies, vermin
and other rodents, insects and pests that might become vectors for
carrying disease.
(11)
No use shall emit odorous gasses or other odorous matter in
such quantities as to be humanly perceptible at or beyond any point
at its lot lines.
(12)
Dimensional requirements for landfill (municipal or sanitary).
(a)
Minimum lot size: 50 acres.
(b)
Maximum building coverage: 10%.
(c)
Minimum lot width: 900 feet.
(e)
Minimum front Yard: 200 feet (400 feet if adjacent to residences
or a residential district).
(f)
Minimum side yard: 100 feet (200 feet if adjacent to residences
or a residential district).
(g)
Minimum rear yard: 100 feet (200 feet if adjacent to residences
or a residential district).
(13)
Dimensional requirements for other solid waste facilities, as defined in Article
II.
(a)
Minimum lot size: 20 acres.
(b)
Maximum building coverage: 10%.
(c)
Minimum lot width: 450 feet.
(e)
Minimum front yard: 200 feet (400 feet if adjacent to residences
or a residential district).
(f)
Minimum side yard: 100 feet (200 feet if adjacent to residences
or a residential district).
(g)
Minimum rear yard: 100 feet (200 feet if adjacent to residences
or a residential district).
J. G-10 Junkyard: an area of land, with or without buildings, that is
used for the storage of used or discarded materials, including but
not limited to wastepaper, rags, metal, building materials, house
furnishings, machinery, vehicles and parts thereof.
(1) There shall be a minimum lot size of 10 acres and a maximum lot area
to be utilized as a junkyard of 20 acres.
(2) Such use shall be a minimum of 200 feet from any public road as measured
from the street line and shall be set back from all other properties
lines a minimum of 100 feet.
(3) Such uses shall be entirely enclosed by a solid fence or wall, at
least eight feet high and constructed of plank boards, brick, cinder
block or concrete, with access only through solid gates. Such fence
or wall shall be kept in good repair and neatly maintained.
(4) A dense evergreen buffer planted on an earthen berm (minimum four
feet in height) shall be provided on the outside perimeter of the
fenced area. Evergreens shall be four feet to five feet in height
and planted on ten-foot staggered centers.
(5) The contents of such use shall not be placed or deposited to a height
greater than the height of the fence or wall herein prescribed.
(6) The storage of paper shall be within a building.
(7) The storage of toxic chemicals shall be prohibited.
(8) Dumping of trash or landfill operations and burning of any materials
is specifically prohibited.
(9) All such uses shall be sealed from groundwater contamination.
(10)
All fluids must be drained from any machinery, vehicles or parts thereof prior to storage in the junkyard in the manner required by Subsection
(11) hereof.
(11)
Zoning permit required.
(a)
Use G-10 is permitted only after issuance of a zoning permit, under Article
XII, following the junkyard operator's submission to the Zoning Officer of:
[1]
Written documentation of the means of disposal of anti-freeze,
gasoline, oil and other fluids from any machinery, vehicles or parts
thereof to be stored in the junkyard; and
[2]
Evidence of a contract between the junkyard operator and a facility
approved by the Pennsylvania Department of Environmental Protection,
providing for the disposal of such fluids or evidence that the Pennsylvania
Department of Environmental Protection has approved of some other
means of disposal.
(b)
The term of said zoning permit is one year and may be renewed
annually upon reauthorization by the Zoning Officer following an annual
inspection of the junkyard and following the junkyard operator's submission
to the Zoning Officer of written documentation establishing that:
[1]
All fluids have been disposed of in the manner required by the
zoning permit;
[2]
The fence or wall enclosing the junkyard is in good repair and
neatly maintained;
[3]
All other requirements for the G-10 use are being met;
[4]
There are no violations of any of the codified ordinances of
the Township or of any state or federal laws or regulations; and
[5]
No enforcement notices from any local, state or federal agency
are outstanding against the junkyard.
K. G-11 Quarry Extraction Operations: extraction operations conducted in accordance with Article
VI of this chapter. Such use shall include extraction operations for sand, clay, shale, gravel, topsoil, stone and similar operations including borrow pits.
L. G-12 Warehouse: a building or buildings primarily used for the storage
of goods and materials.
M. G-13 Light Equipment Sales and Storage: a facility for the sale,
service and/or rental of light equipment for home or farm use, such
as lawn and garden tractors, lawn mowers and the like.
(1) Storage area shall be fully enclosed by minimum four-foot high fencing
and/or landscaping comprised of evergreen plantings a minimum of four
feet in height when planted. Plantings shall be spaced to provide
a visual screen.
(2) Lighting. All outside lighting shall be directed in such a way as
not to create a nuisance to any adjacent property, and all lighting
shall be arranged and shielded so as to protect the street or highway
and adjoining property from direct glare or hazardous interference
of any kind.
(3) All facilities shall be located and all services be conducted within
the confines of the lot.
(4) All preparation, lubrication, repair, state inspection/emission testing
or similar activities shall be accessory to the principal use and
shall be conducted within a building.
(5) Only one accessway for ingress and egress of motor vehicles shall
be provided unless otherwise required by PennDOT and/or the Township.
No accessway shall exceed 35 feet in width nor be less than 15 feet
in width.
(6) Access to the street shall be physically controlled by a minimum
ten-foot-wide landscape strip along all street frontages except where
broken for accessways.
(7) All vehicle parts and similar articles shall be stored within a building.
(8) Storage or display of equipment for sale shall be placed no closer
to the ultimate street right-of-way line than 25 feet.
(9) All refuse shall be stored within a building or enclosed area.
N. G-14 Asphalt Plant. Such use shall be a plant or operation which has as its primary function the mixing of rock materials with asphalt oils or other binders for road building and construction purposes. The requirements for this use set forth in Article
VI herein shall apply.
O. G-15 Ready Mix Concrete Plant. Such use is a plant or operation which has as its primary function the mixing of materials to make concrete. The requirements for this use set forth in Article
VI herein shall apply.
P. G-16 Heavy Equipment Sales and Storage.
(1) Storage areas shall be fully enclosed by minimum four-foot-high fencing
and/or landscaping comprised of evergreen plantings a minimum of four
feet in height when planted. Plantings shall be spaced to provide
a visual screen.
(2) Lighting. All outside lighting shall be directed in such a way as
not to create a nuisance to any adjacent property, and all lighting
shall be arranged and shielded so as to protect the street or highway
and adjoining property from direct glare or hazardous interference
of any kind.
(3) All facilities shall be located and all services be conducted within
the confines of the lot.
(4) All preparation, lubrication, repair, state inspection/emission testing
or similar activities shall be accessory to the principal use and
shall be conducted within a building.
(5) Only one accessway for ingress and egress of motor vehicles shall
be provided unless otherwise required by PennDOT and/or the Township.
No accessway shall exceed 35 feet in width nor be less than 15 feet
in width.
(6) Access to the street shall be physically controlled by a minimum
ten-foot-wide landscape strip along all street frontages except where
broken for accessways.
(7) All vehicle parts and similar articles shall be stored within a building.
(8) Storage or display of equipment for sale shall be placed no closer
to the ultimate street right-of-way line than 25 feet.
(9) All refuse shall be stored within a building or enclosed area.
Q. G-17 Truck Sales: the sale and lease of new and/or used trucks and
trailers; truck rentals; or farm machinery. This use may include trucks
within a maximum gross vehicle weight less than 10 tons but shall
not include cars, boats, travel campers, recreation vehicles, motorcycles
or snowmobiles.
(1) Lighting. All outside lighting shall be directed in such a way as
not to create a nuisance to any adjacent property, and all lighting
shall be arranged and shielded so as to protect the street or highway
and adjoining property from direct glare or hazardous interference
of any kind.
(2) All facilities shall be located and all services be conducted within
the confines of the lot.
(3) All preparation, lubrication, repair, state inspection/emission testing
or similar activities shall be accessory to the principal use and
shall be conducted within a building.
(4) Only one accessway for ingress and egress of motor vehicles shall
be provided unless otherwise required by PennDOT and/or the Township.
No accessway shall exceed 35 feet in width nor be less than 15 feet
in width.
(5) Access to the street shall be physically controlled by a minimum
ten-foot-wide landscape strip along all street frontages except where
broken for accessways.
(6) All vehicle parts and similar articles shall be stored within a building.
(7) Storage or display or vehicles for sale shall be placed no closer
to the ultimate street right-of-way line than 25 feet.
(8) A body shop may be included as an accessory use, incidental and subordinate
to the truck sales, provided that it meets the regulations of use
E-11 Automobile Body Repair and Paint Shop, and provided that it is
located at the rear or side of the building containing the principal
use.
(9) All refuse shall be stored within a building or enclosed area.
R. G-18 Radioactive Materials Facility. A radioactive materials facility
shall mean any building, structure, land or other place or establishment
where any radioactive material is used, manufactured, produced, processed,
stored, buried, transported, transferred, received, acquired, owned
or possessed except those facilities directly involved in the use
of radiation machines or radioactive materials for medical diagnosis
and treatment. It shall be unlawful for any person to use, manufacture,
produce, process, store, bury, transport, transfer, receive, acquire,
own or possess radioactive material in Nockamixon Township except
in compliance with the provisions hereof. Any expansion of an existing
radioactive materials facility or increase in the amount or intensity
of radioactive materials stored, used or otherwise present in an existing
radioactive materials facility beyond the amount previously approved
by the Township or the amount present on the property on the effective
date of this chapter shall comply with the provisions hereof, including,
but not limited to, the requirement to obtain conditional use approval
for any expansion or increase.
(1) A radioactive materials facility shall be permitted only in the Q
Zoning District as a conditional use.
(2) No radioactive materials facility shall contain more than 400,000 curies of radioactive material at any given time. In addition to compliance with the general provisions of §
234-48 of this chapter, an applicant for conditional use approval for a radioactive materials facility shall demonstrate compliance with the provisions hereafter stated.
(3) Dimensional requirements.
(a)
The minimum lot area shall be 10 acres.
(b)
The minimum setback for this use shall be 200 feet from any
lot line or street line, whichever results in the larger setback.
(c)
A radioactive materials facility shall not be located closer
than 1,000 feet to a school, church or residential dwelling unit.
(4) Parking. One off-street parking space for each employee on the largest
shift plus one off-street parking space for each employee vehicle
normally stored on the premises plus one off-street parking space
for every 10 employees on the largest shift for visitor parking. Also,
the applicant must demonstrate that there is sufficient area on site
to accommodate parking based on one space for every 500 square feet
of gross floor area to ensure that a sufficient amount of parking
can be provided if the use or tenancy changes.
(5) Compliance with other zoning ordinance standards. In addition to the requirements set forth herein, an applicant for conditional use approval for a radioactive materials facility shall demonstrate compliance with the provisions of Article
V hereof as well as all other relevant provisions of this chapter. In the event any other provision of this chapter conflicts with any provision hereof, that provision containing the strictest regulation shall apply.
(6) Annual zoning permit. To assure that the operator of a radioactive
materials facility continues to comply with the provisions hereof
and the conditions of conditional use approval, the operator of such
a facility shall obtain a zoning permit on an annual basis with application
made by January 15 of each year The permit shall be issued only after
inspection by the code enforcement officer, or such other person as
is designated by the Township, to determine that the use continues
to meet all the provisions hereof and the conditions of any conditional
use approval. The code enforcement officer shall require certifications
from third parties as to the adequacy of and proper operation of the
radiation monitoring and security systems required hereby and that
the requirements, concerning personnel and training herein have been
met.
(7) Conditional use approval. An applicant for conditional use approval
to establish a radioactive materials facility shall demonstrate compliance
with all of the following:
(a)
Compliance with other regulations. In addition to the regulations
hereof, the applicant, prior to conditional use approval, shall demonstrate
that permits have been obtained from the Nuclear Regulatory Commission
("NRC") and/or Pennsylvania Department of Environmental Protection
("DEP") to the extent permits are required by either of such agencies.
The applicant shall provide Township with notice that it is applying
for such a permit and afford the Township an opportunity to participate
in the permit application process. The notice shall include a copy
of the permit application and all supporting materials. In the event
of a conflict between the regulations of the Nuclear Regulatory Commission
and/or Pennsylvania Department of Environmental Protection, the strictest
regulations shall apply except to the extent any specific regulation
hereof is preempted by such other regulatory agencies.
(b)
Security of facility. Applicant shall submit plans and materials
to demonstrate that the facility shall be secure from unauthorized
access, which plans shall include fencing, an adequate alarm system,
security guards and/or such other provisions to protect the radioactive
materials from access by unauthorized persons.
(c)
Financial security. An applicant shall post adequate financial
security in the form of cash or an irrevocable letter of credit as
determined by the Township in its sole discretion. Any other form
of financial security shall be subject to approval by the Township.
The financial security posted shall be adequate to assure that the
facility will be properly remediated in the event of a release of
radioactive materials and will be properly closed when out of service
in accordance with the provisions hereof. Additionally, the applicant
shall maintain liability insurance in an amount reasonably required
by the Township to assure that persons or property damaged as the
result of a release of radioactive materials are adequately compensated.
(d)
Containment standards. Applicant shall demonstrate that radioactive
materials facilities are adequately designed and will be constructed
such as to contain the radioactive materials within the area where
they are proposed to be stored, processed or used (the "containment
area"). The applicant shall submit appropriate plans and other information
demonstrating that the design and construction of the facility will
be adequate to contain the materials safely within the containment
area without release. The plans as well as the installation, construction,
repair or modification, closure and removal of such containment facilities
shall be subject to approval by the Township.
[1]
The containment area shall be constructed of materials sufficient
thickness, density and composition so as not to leak or be structurally
weakened as the result of contact with the radioactive material or
vessels and equipment used in any process involving the radioactive
material. The containment area shall be sufficient to contain radioactive
releases for a period of time equal to or longer than the maximum
anticipated tune sufficient to prevent a release of radiation outside
the building in which the containment area is located, but in no case
less than 72 hours.
(e)
Drainage system. Drainage systems shall be in accordance with
the Township Plumbing Code as amended and the following:
[1]
The shape of floors in indoor locations or similar areas in
outdoor locations shall be not less than 1%.
[2]
Drains from indoor storage areas shall be sized to carry the
volume of the fire protection water as determined by the design density
discharged from the automatic fire extinguishing system over the minimum
required system design area or area of the room or area in which the
storage is located, whichever is smaller.
[3]
Drains shall terminate in an approved location away from buildings,
valves, means of egress, fire access roadways, adjoining property
and storm drains. Drains for water which may come into contact with
radioactive materials shall be contained within the building.
[4]
Drains shall be constructed in such a way that there is no possibility
that radioactive material can be discharged into the drainage system.
(f)
Facility closure.
[1]
Temporarily out-of-service facilities. Facilities which are
temporarily out of service shall continue to maintain a permit and
be monitored and inspected.
[2]
Permanently out-of-service facilities. Facilities for which
a permit is not kept current or is not monitored and inspected on
a regular basis shall be deemed to be permanently out of service and
shall be closed in accordance with the provisions hereof.
[3]
Plan. The permit holder or applicant shall submit a plan to
the Township to terminate storage, dispensing, handling or use of
radioactive materials at least 30 days prior to facility closure.
The plan shall demonstrate that radioactive materials which were stored,
dispensed, handled, or used in the facility have been transported,
disposed of or reused in a manner that eliminates the need for further
maintenance and any threat to public health, safety and welfare. In
addition, closure shall be in accordance with any other state or federal
requirements concerning radioactive materials.
[4]
All radiation detectors shall be designed to automatically read radiation levels at the times specified in the conditional use approval and to automatically record the readings, the record of which shall be maintained by the permittee or applicant in accordance with the provisions of subsections
(g),
(m) and
(n) hereof.
(g)
Monitoring. The applicant shall provide a monitoring plan and
construct a monitoring system meeting the following conditions:
[1]
Monitoring methods. Monitoring methods shall include the following:
[a] Where water is utilized to shield the area surrounding
the radiation source, radiation detectors shall measure any increase
in the ambient radiation level of the water above the design levels
approved in the conditional use application. Where other containment
methods are used, radiation detectors shall be installed outside the
shield and shall measure any increase in the amount of radiation beyond
the level approved as part of the conditional use application.
[b] Where water is utilized to shield the area surrounding
the radiation source, radiation detectors shall be installed above
the water and shall measure any increase in the amount of radiation
above the design levels approved as part of the conditional use.
[c] Radiation detectors shall also be mounted at an
approved location on the building adjacent to the containment area
which shall measure any increase in the amount of radiation above
the design level approved as part of the conditional use.
[d] Radiation detectors shall be designed such that they provide automatic readings at the times specified in the conditional use approval and automatically record such readings. A record of the recorded readings shall be maintained in accordance with the provisions of subsection
(m) hereof.
[2]
Radiation monitoring devices. The radiation detectors shall
be designed and constructed in such a way as to be readable, outside
the containment area and shall also provide automatic notification
to a central monitoring service when the level measured by any radiation
detection device exceeds the ambient standards approved in the conditional
use decision. When the monitoring service receives notification of
such a reading, persons identified on a list as part of the conditional
use approval shall be immediately notified including the following
persons:
[b] Persons designated by the permittee.
[c] Township Code Official or Manager.
[d] Designated emergency management personnel.
[e] Such other persons as the Township may direct in
the conditional use approval.
Monitoring devices shall also be connected to attention getting
visual and audible alarms within the building housing the radioactive
materials.
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[3]
Monitoring, testing and inspection. The applicant shall demonstrate
annually, that the monitoring, testing and inspections are in compliance
with the radioactive materials business plan required herein and shall
maintain records adequate to demonstrate compliance therewith. The
applicant or permittee shall provide certifications from third parties
as to the proper operation of the monitoring devices and the central
monitoring service as to the performance of the monitoring system
during the previous 12 months and any recommended maintenance or upgrade
of the monitoring system. If the monitoring system failed to function
according to its design during the previous twelve-month period, a
report shall be provided stating the nature of the failure and the
steps taken to prevent such an occurrence in the future.
(h)
Maintenance, repair or replacement.
[1]
It shall be a condition of conditional use approval that the
operator of a radioactive materials facility shall carry out maintenance,
ordinary upkeep and minor repairs in a careful and safe manner as
approved by the NRC.
[2]
Any substantial modification or repair of a radioactive materials
storage facility other than minor repairs or emergency repairs shall
be in accordance with plans submitted to the Township and approved
by the NRC.
[3]
A permittee may make emergency repairs to a radioactive materials
storage facility in advance of seeking an additional permit approval
whenever an immediate repair is required to prevent or contain an
unauthorized release or to protect the integrity of the containment.
However, within five working days after such emergency repairs have
been started, permittee shall seek approval by submitting drawings
or other information adequate to describe the repairs to the Township
and the NRC.
[4]
Replacement of any radioactive materials storage components
must be in accordance with the provisions hereof and any state or
federal requirements concerning same.
(i)
Handling radioactive materials. An applicant for conditional
use approval shall demonstrate that the handling of radioactive materials
shall not be done in such a manner as to substantially increase the
risk of release. When radioactive materials are moved into or out
of a facility they shall remain in the travel path only for time reasonably
necessary to transport the radioactive material and such movement
shall be in a manner which will not result in an unauthorized release.
(j)
Emergency planning. The applicant shall submit a written Emergency
Management Plan. The applicant shall demonstrate that emergency equipment
shall be provided which is reasonable and appropriate for potential
emergencies presented by the radioactive materials facility. Such
equipment shall be regularly tested and adequately maintained. Simplified
emergency procedures shall be posted conspicuously in locations where
radioactive materials are kept.
(k)
Radioactive Materials Business Plan. An applicant for conditional
use approval for a radioactive materials facility shall submit a Radioactive
Materials Business Plan ("RMBP") addressing the following:
[1]
Each applicant shall file a written plan with the Township,
to be known as the RMBP which shall demonstrate the safe use, storage
and handling of the radioactive materials. The RMBP may be amended
from time to time with the approval of the Township. The RMBP shall
be a public record except as otherwise specified. Approval of the
RMBP shall mean that the RMBP has provided adequate information for
purposes of evaluating the permit approval. Such approval shall not
be understood to mean that the Township has made an independent determination
of the adequacy of that which is described in the RMBP.
[2]
Standards for RMBP. The applicant shall submit the RMBP with
the application for conditional use approval. The RMBP shall contain
the following:
[a] General requirements. The RMBP shall contain the
name and address of the facility and the business phone number of
the applicant, the names and titles and emergency phone numbers of
the primary and secondary emergency coordinators who will be present
on site. The RMBP shall contain a map drawn at a legible scale and
a format and detailed determined by the Township. It shall show the
location of all buildings and structures, radioactive materials loading
area, parking lots, internal roads, storm and sewer drainage, and
shall specify the uses of adjacent properties. Information shall also
be provided as to location of wells, floodplains, earthquake faults,
surface water bodies and/or general land uses including the location
of schools, hospitals, institutions and residential areas within one
mile of the facility boundaries.
[b] All radioactive materials stored at the facility
shall be listed on a radioactive materials inventory sheet.
[c] A site plan and storage map must be included with
the RMBP. The drawings are intended for use in emergency response
situations. Due to the threat to the safety of the facility posed
by the disclosure of the information on the facility storage map,
the Township shall take reasonable steps not to disclose this information
to the public without the, consent of the operator unless ordered
to do so by a court of competent jurisdiction. The permittee or permit
applicant shall be deemed a real party in interest in any such action.
Prompt notice of a lawsuit to compel disclosure shall be given by
the Township to the permittee or applicant. However, the Township
shall not be required to take reasonable steps to prevent disclosure
where there has been any unauthorized, release of radioactive materials
stored in the radioactive materials facility or where such disclosure
arises out of any official emergency response related to the radioactive
storage facility. The radioactive facility storage map shall be updated
whenever there is any change proposed for the location of radioactive
materials.
[d] Emergency response/contingency plans. The RMBP
shall include an emergency response/contingency plan which shall be
subject to approval by the Township.
(l)
Employee training and background checks. A background check,
including prior employment history, a criminal record check and the
checking of references shall be utilized to assure no employee at
a radioactive materials facility has committed a crime or is affiliated
with any terrorist organization. The permittee shall provide certification
to the Township that no employee with a criminal record or affiliated
with a terrorist organization is in its employ. This certification
shall be made when the annual zoning permit is issued as well. The
employee shall have training appropriate to his or her involvement
with radioactive materials.
(m)
Maintenance of records. The following records shall be maintained
at the facility:
[1]
Current employee records including the background check and
training records.
[2]
Former employees training records (to be retained at least three
years after termination of employment).
[3]
Training program.
In addition, the applicant shall maintain a current work copy
of the emergency response/contingency plan, a record of recordable/radioactive
releases, a record of all inspections and monitoring performed at
the facility and a description and documentation of facility emergency
response drills. Applicant or permittee shall also maintain a record
of all recordings of radiation levels required by this chapter and
any conditional use approval. All records required by the provisions
hereof shall be maintained by the permittee, owner, operator or other
person who obtains approval for the operation of a radioactive materials
facility for a period of not less than three years. Said records shall
be made available to the Township at all reasonable hours and upon
reasonable notice.
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(n)
Reports to Township. Reports shall be submitted to the Township
of any unauthorized release as soon as any person in charge of the
radioactive materials facility or person responsible for emergency
response for such a facility has knowledge of any confirmed or unconfirmed
release of radiation. Such person shall take all necessary steps to
ensure the discovery and containment and clean up of such release
and shall notify the Township of the occurrence within one hour of
same occurring.
(o)
Cleanup responsibility. Any person, firm, corporation or other
entity responsible for the keeping, storage and use of radioactive
materials at a radioactive materials facility shall institute and
complete all actions necessary to remedy the effects of any unauthorized
release, whether sudden or gradual. The Township or Nockamixon Township
Fire Department, or emergency response agency, shall undertake to
remedy the effects of such unauthorized release itself or themselves
only if it is determined that it is reasonably necessary under the
circumstances to do so. The responsible party shall be liable to the
Township, Nockamixon Township Fire Company or other emergency response
agency for all costs incurred in remedying the effects of such unauthorized
release including the cost of fighting fires, emergency response,
traffic direction and the like. This responsibility is not conditioned
upon evidence of willful conduct or negligence of the person who owns,
leases, operates or is otherwise responsible for the radiation materials
facility in causing or allowing such release. Any responsible party
who undertakes action to remedy the effects of unauthorized releases
shall be entitled to recover appropriate costs and expenditures from
the responsible parties.
(p)
Indemnification. The applicant, owner and operator of any radioactive
materials facility shall indemnify, hold harmless and, defend the
Township against any claim, cause of action, disability, loss, liability,
damage, cost or expense howsoever arising which occurs by reason of
an unauthorized release of radiation or radioactive materials in connection
with the operation of a radioactive materials facility.
(q)
Inspections and records. The Township may conduct inspections,
at its direction, for the purpose of ascertaining compliance with
the provisions hereof, any provision of any governmental approval,
and causing to be corrected any conditions which would constitute
any violation of the provisions hereof or of any other law affecting
the storage, handling and keeping of radioactive materials. Permittee
shall not be required to disclose the identity of radioactive materials
protected as, trade secrets pursuant to federal or state law to anyone
other than the official designated by the Township to receive said
information, except in the case of an emergency response or an unauthorized
release related to the storage facility in which the trade secret
material is contained. Therefore, permittee may put temporary coverings
over the labels of trade secret materials during the course of the
Township's inspections conducted by other than the Township official
so designated. The designated Township official shall report his or
her findings to the Township's Board of Supervisors.
(r)
Right of entry. Whenever necessary for the purpose of investigating
and enforcing the provisions hereof or whenever any enforcement officer
has reasonable cause to believe that there exists in any structure
or upon any premises, any condition which constitutes the violation
of the provisions hereof, said officers may enter such structure or
premises at all reasonable times to inspect the same, or to perform
any duty imposed upon any of said respective officers by law; provided,
that if such structure or premises be occupied, the officer shall
first present proper credentials and request entry; and, further provided,
that if such structure or premises is unoccupied, the officer shall
first make a reasonable attempt to contact a responsible person from
such firm or corporation and request entry, except in emergency circumstances.
If such entry is refused, the officer seeking entry shall have recourse
to every remedy provided by law to secure entry.
(s)
Inspections by the Township-Discretionary. All inspections specified
herein shall be at the discretion of the Township and nothing in the
provisions herein shall be construed as requiring the Township to
conduct any such inspection nor shall any actual inspection made imply
a duty to conduct any other inspection. Furthermore, nothing in the
provisions herein shall be construed to hold the Township or any officer,
employee or representative of the Township responsible for any damage
to persons or property by reason of making an inadequate or negligent
inspection or by reason of any failure to make an inspection or re-inspection.
(t)
Inspection by permittee. The permittee shall conduct regular
inspections of its own facilities to assure compliance with the provisions
hereof and shall maintain logs or file reports in accordance with
its RMBP. The inspector conducting such inspections shall be qualified
to conduct such inspections.
S. G-19 Recovery of Subsurface Gas and Oil Deposits. These are activities limited to the recovery and removal
of subsurface gas and oil deposits through direct on-site drilling
as defined and set forth in the Pennsylvania Oil and Gas Act (58 P.S.
§ 601.101 et seq.) and the regulations enacted thereto.
This use does not include the recovery and removal of any other subsurface
minerals, such as coal, gravel, sand, clay, topsoil, stone or any
other mineral other than oil and gas, such use being covered by use
G-11, Quarry Extraction Operations. Use G-18 is permitted subject
to all of the following requirements:
(1) Statement of purpose. The purpose of this subsection is to provide
for the health, safety, welfare and environment of the residents and
their property in Nockamixon Township; to provide the procedure for
the issuance of zoning permits to enable oil and gas deposits to extracted
through direct, on-site wells; and to permit wells to be drilled and
placed in production in a safe manner with the utmost regard for protection
of existing Nockamixon Township water supply wells, sewage disposal
facilities, structures, natural resources, farmland and other environmental
features.
(2) Subject to the provisions of this subsection, this use shall be permitted
as a principal use upon conditional use approval in only the I Industrial,
and Q Quarry Zoning Districts. This use is prohibited on any property
subject to a conservation easement or open space conditions, or any
similar restrictions, whether public or private.
[Amended 2-19-2015 by Ord. No. 157]
(3) This use shall not occur, no conditional use approval shall be granted,
and no building or zoning permit shall be issued, until the applicable
procedures and standards in this Subsection have been satisfied, the
applicable provisions of this chapter and the Code of Ordinances of
Nockamixon Township have been satisfied, and all applicable requirements
of the Commonwealth of Pennsylvania and United States Government have
been satisfied, as evidenced by the prior written approval of the
agency having jurisdiction including, without limitation, the operator's
license and copies of all state and federal permits.
(4) An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection. An impact statement/report shall be provided that is in conformance with and provides all applicable information required by §§
196-406 (relating to traffic), 196-408 (relating to water resources), and 196-411 (relating to environmental and cultural assessment) of the Nockamixon Township Subdivision and Land Development Ordinance [Chapter
196], as amended; as well as all other applicable information required in this chapter (including this subsection). Upon approval of the application, all subsequent operations shall be in conformance with the site plan, the conditional use decision and all conditions, zoning permit, all state and federal permits (as applicable) and all standards contained in this subsection.
(5) For all wells, if drilling has not been initiated within one year
after the conditional use approval of the application, the conditional
use approval is automatically rescinded. An extension may be granted
by the Nockamixon Township Board of Supervisors for a maximum of one
year upon written request by the applicant, prior to the expiration
of the original one-year period, subject to the finding that the plan
is in compliance with all standards.
(6) Standards.
(a)
General.
[1]
Offensive or noxious odors, fluids, gases (toxic or otherwise),
dust or glare shall be confined to the subject parcel or the leasehold
premises and shall not substantially or significantly impact any occupied
structures or dwellings, crops, and domestic livestock or pets, or
adjoining property. There shall be no physical vibrations or heat
perceptible at or beyond the boundaries of the property on which the
use is located.
[Amended 2-19-2015 by Ord. No. 157]
[2]
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 indoors, in a dumpster or other permitted enclosure.
[3]
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.
[4]
All operations shall be in accordance with all applicable federal
laws and regulations; the Pennsylvania Oil and Gas Act (58 P.S. § 601.101
et seq.), as amended; and pursuant to all rules, regulations and procedures
adopted thereto.
[5]
All aspects of the recovery of subsurface gas and oil deposits,
including, without limitation, all drilling, production operations,
buildings, pipelines, etc., shall be located at least 2,000 feet from
any existing nonindustrial building, and at least 1,000 feet from
all other existing buildings where the owners of such structures are
not a party to the oil and gas instrument. "Nonindustrial," for the
purposes of this clause, includes all uses except: uses listed as
"industrial" uses (G-1 to G-22) under this chapter, Use F-1 (Utility
Operating Facility), Use H-3 (Outside Storage), and Use H-10 (Regulated
Storage Tank). Pipelines shall be permitted to traverse the required
setbacks only where absolutely necessary to transport extracted product
from a wellsite off-site. The foregoing provision on pipelines does
not apply to watercourse and wetland setbacks.
[Amended 2-19-2015 by Ord. No. 157]
[6]
Setbacks.
[Amended 2-19-2015 by Ord. No. 157]
[a] All aspects of the recovery of subsurface gas and
oil deposits, including, without limitation, all drilling, production
operations, buildings, pipelines, etc., shall be located:
[i] At least 100 feet from the ultimate right-of-way
of any public or private street; and
[ii] At least 600 feet from any property line; and
[iii] At least 1,000 feet from the property line of
any open space property or property under a conservation easement
or similar restriction for which public funds were used to purchase
or acquire the property and/or the easement or other restriction.
[b] Pipelines shall be permitted to traverse the required
setbacks only where absolutely necessary to transport extracted product
from a wellsite off-site. This provision does not apply to watercourse
and wetland setbacks.
[7]
The owners(s) and operator(s) shall be responsible for prevention
and prompt removal of spills involving waste materials, oil and toxic
or hazardous materials.
[8]
A copy of a valid insurance policy, issued by a corporate insurer
licensed in the Commonwealth of Pennsylvania, shall be provided to
Nockamixon Township. Such insurance shall be of sufficient amount
to:
[a] Provide for payment for all damages or injury to
persons or property resulting from the drilling, operation or maintenance
of the proposed well and other structures, machinery or appurtenances
used in conjunction with it.
[b] Provide for payment to control and/or eliminate
any hazardous or dangerous event or condition, including a blowout;
and provide for payment for injury or damages to persons, equipment
or agencies responding to same event or condition.
[c] Contain no exclusion from coverage whatsoever,
including without limitation from contamination or pollution to surface
or subterranean streams, watercourses, lakes, wetlands or public or
private water supplies.
[d] All required policies shall provide for a minimum
of 30 days' written notice by carrier to the additional insured by
regular mail before cancellation by carrier. Each policy shall clearly
set forth the date when the insurance will expire. All carrier(s)
shall be licensed to do business in Pennsylvania and shall have a
rating not less than a B++ as rated in the most recent edition of
Best's Insurance Reports and shall be in business for at least the
past five years.
[9]
Minimum lot size shall be 12.5 acres.
[10] Well pads. Multiple well pad sites on any one
property shall be prohibited, unless the underlying geology makes
using a single well pad impossible.
[11] Expansion of surface use area. 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 Subsection.
[12] No recovery of subsurface gas and oil deposits
use shall be conducted within 1,000 feet of any properties known to
be a landfill or to be designated as a site containing hazardous substances
under state or federal environmental cleanup laws.
[13] Hours of operation. Except for emergency activities,
hours of operation are limited to Monday through Saturday, 7:00 a.m.
to 7:00 p.m.
[14] All trucks transporting dirt, gravel, silica,
drill cuttings, and other waste or construction materials to and from
the wellsite or other oil or gas development site must be covered
to minimize fugitive dust and spills. Transport of any hazardous material
shall be done in accordance with state and federal regulations.
[Added 2-19-2015 by Ord.
No. 157]
(b)
Visual.
[1]
The drilling site, production site, access roads/driveways and
all structures 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. All natural resource protection
provisions of this chapter shall be met.
[2]
Excavation, structures and/or equipment in sensitive areas such
as ridges, hilltops, scenic or other areas of special visual quality
shall be avoided.
[3]
The location and design of structures and site improvements
shall be integrated with the natural color, form and texture of the
surrounding area.
[4]
All structures, equipment and operation shall be fully screened
from off-site view. Methods may include, but are not limited to:
[a] Existing and/or replanted vegetation.
[b] Existing and/or artificially created land forms.
[5]
Glare from site lighting or gas flaring shall not impact on
nearby residences, excepting those whose owners are a party to the
oil/gas instrument.
[6]
Viewshed mitigation. All viewsheds to the property shall be identified. Where viewsheds are determined by the Township to be scenic and such viewsheds will be adversely impacted by the use, viewshed mitigation measures, including without limitation perimeter or other appropriate location buffers and other plantings per the standards in the Nockamixon Township Subdivision and Land Development Ordinance [Chapter
196], as amended, shall be installed along all property lines and the extraction area perimeter.
(c)
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, construction of earthen berms, etc. 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 drilling and operations.
[b] Based upon special site characteristics, additional
noise measures may be required upon inspection and determination by
the Township.
[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; time 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:
[i]
Acoustically insulated housing or covers enclosing any motor
or engine.
[ii]
Screening the site or noise emitting equipment by fence or landscaping.
[iii] Solid wall or fence of acoustically insulating
material surrounding all or part of the facility.
[iv]
A noise management plan specifying the hours of maximum noise
and the type, frequency and level of noise emitted.
[v]
Construction of buildings or other enclosures where facilities
create noise and such adverse impacts cannot be mitigated because
of proximity, density and/or intensity of adjacent land use.
[3]
All wastewater, including recycled water, and other waste material
must be collected, handled, stored, transported, and disposed of in
accordance with federal and state law. No impoundments or other pits
may be used to hold wastewater, including recycled water, and other
waste material, including drill cuttings and drill mud. Enclosed storage
tanks must comply with state and federal regulations, including the
Department of Environmental Protection's proposed (at the time of
this amendment) revisions to the oil and gas regulations, which include
regulations on secondary containment. Enclosed storage tanks shall
be located at least 300 feet from watercourses and wetlands and shall
not be located in floodplains.
[Added 2-19-2015 by Ord.
No. 157]
[4]
Air emissions dispersion modeling.
[Added 2-19-2015 by Ord.
No. 157]
[a] All applicants shall present air emissions dispersion
data and models that demonstrate the dispersion patterns and distance
of all air emissions from the applicant's proposed use when the use
is operated or carried out under normal conditions, and during a catastrophic
event due to the use.
[b] The applicant's data and models for normal conditions
and catastrophic events shall account for, and demonstrate the impact
of changes in, the following:
[ii] Climate and weather, including cloud cover, humidity,
wind speed and direction, temperature, and precipitation, among other
factors;
[iii] Different operational conditions, including stages
of operation;
[iv] Variations in the composition of emissions from
the proposed use; and
[v] Short-term and long-term cumulative impact of emissions from the proposed use when considered together with likely emissions sources in the area, and when accounting for the factors in Subsection
S(6)(c)[4][b][i] through [iv].
(d)
Wildlife and cultural resources.
[1]
No habitat disturbance is to occur where threatened or endangered
species or critical habitats exist, as defined by the Pennsylvania
Department of Conservation and Natural Resources. A Pennsylvania Natural
Heritage Program study shall be completed and provided to Nockamixon
Township.
[2]
All activity in an archaeologic or historic resource area, as
identified in the this chapter, Nockamixon Township Comprehensive
Plan, Bucks County Comprehensive Plan, or by the Pennsylvania Department
of Conservation and Natural Resources (DCNR) or the Pennsylvania Historical
and Museum Commission (PHMC), shall provide for the preservation of
the resource or provide for the completion of necessary study and
work as specified by DCNR and/or PHMC before any aspect of use begins.
Should a resource be uncovered during operations, those operations
shall be suspended pending recommendation of DCNR and/or PHMC, as
applicable.
(e)
Hazards.
[1]
For areas of potential wildfire hazard, fireline intensities
shall be abated to less than 100 BTU/foot/second through fuelbreaks
or other equally effective means around structures or areas of activity.
Required practices for grass/shrub lands include the following:
[a] Fuelbreaks of a width three to four times the height
of adjacent vegetation.
[b] Re-vegetation to short grasses.
[2]
Drilling or production operations shall not cause the acceleration
of geologic processes such as erosion, sedimentation or gravitational
movement of earth and/or rock material to the point that such processes
become a hazard or nuisance to life or property.
[3]
Activities or structures proposed within a floodplain shall
independently meet the floodplain provisions of this chapter; and
shall be carried out in a manner that does not increase flood hazards
upstream or downstream, nor reduces the efficiency with which flood
waters are carried through the site.
[4]
All operations shall be included within a fire district; or,
be under contract with a fire district for protection services; or,
be provided with private fire protection. If private fire protection
is used, the following conditions shall be met:
[a] A fire protection plan shall be provided, specifying
types of equipment, response time, number and capabilities of personnel
available, planned actions for probable emergency events, and any
other pertinent information.
[b] The fire protection plan shall be submitted for
review to the public fire protection district in closest proximity
to the proposed drilling site, or that district providing service
to the general area. Such submittal shall take place prior to application
to Nockamixon Township.
[c] The plan shall provide for a level of protection
at least equal to that provided by the reviewing public fire protection
district.
[5]
Prior to making application, the proposal shall be reviewed by the public fire protection district of jurisdiction or as provided in subsection
above, indicating degree of conformance to applicable sections of the Nockamixon Township fire codes and other rules, ordinances or regulations as applicable.
[6]
The applicant shall maintain at the property and on file with
the Township, 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.
[7]
Emergency preparedness and public safety plan. As part of the
conditional use application and zoning permit, the applicant shall
provide an emergency preparedness and public safety plan. The plan
shall demonstrate the following:
[a] Name, address and phone number, including twenty-four-hour
emergency number of at least two persons responsible for drilling
operations.
[b] As-built facilities plan.
[c] First responders plan for potential emergencies
including, but not limited to, explosions, fires, geological activity,
flooding or pipe rupture.
[d] Specific emergency preparedness plan for all potential
hazardous scenarios.
(f)
Access.
[1]
Ingress and egress points shall be located and improved in order
to:
[a] Ensure adequate capacity for existing and projected
traffic volumes.
[b] Provide efficient movement of traffic.
[c] Minimize hazards to highway users and adjacent
property and human activity.
[2]
All applicable permits or approvals must be obtained, including
without limitation:
[a] Access or driveway permits to state or county or
Township roads.
[b] Construction within state or county or Township
highways.
[c] Overweight or oversize loads.
[3]
Use of streets serving exclusively residential neighborhoods
is prohibited.
[4]
All weather access roads, suitable to handle emergency equipment,
shall be provided to within 50 feet of any structure, improvement,
or activity area.
[5]
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. In 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.
(g)
Reclamation.
[1]
Reclamation shall be carried out on all disturbed areas and
achieve the following objectives:
[a] Final soil profiles designed to equal or reduce
soil erosion potentials over stable pre-operation conditions.
[b] Restoration or enhancement of pre-existing visual
character through planting of local or adaptive vegetation.
[2]
Final land forms shall be stable.
[3]
Disturbance of soil cover shall be minimized.
[4]
An abandoned site shall be securely and safely maintained until
reclamation has been completed and revegetation permanently established.
[5]
Reclamation shall be initiated as soon as weather and growing
conditions permit after the abandonment of the well or installation
of production equipment and shall be completed no more than one year
later.
[6]
Financial security. At the time a building permit or zoning
permit, whichever is later, is issued for construction and/or operation
of the use, a letter of credit or other financial security, in a form
and amount approved by the Board of Supervisors during review of the
conditional use, but not to exceed $50,000, shall be deposited with
the Township to ensure compliance with the terms of this chapter and
removal of all equipment when all drilling operations cease.
[7]
The operator of any well site shall notify the servicing fire
department, emergency management coordinator, Township Zoning Officer
and Township Engineer no less than 90 days prior to the abandonment
or shutdown of any well site, to allow the Township to inspect the
site and ensure that the well site has been properly secured.
(h)
Drainage and infiltration.
[1]
All watercourses and wetlands shall be preserved in a natural,
undisturbed state. The edge of the disturbed area associated with
any wellsite shall be a minimum of 300 feet from the edge of any watercourse
or wetland. A wetland report, validated by the United States Army
Corps of Engineers, shall be provided. No activity may occur in a
floodplain.
[Amended 2-19-2015 by Ord. No. 157]
[2]
Roads or other improvements obstructing drainages shall provide
for culverts or other stormwater management facilities sized for storm
flows as determined by the Township Engineer.
(i)
Geophysical exploration.
[1]
Explosives prohibited. No geophysical work employing underground explosives shall be authorized or permitted within Nockamixon Township boundaries in connection with this use. Other geophysical exploration systems employing thumper, vibroseis, or other techniques not employing explosives, shall be permitted upon a separate application described in subsection
below and payment of the applicable fee. Nothing herein shall prohibit the use of shaped charges in the well hole for perforation of casing, as part of the completion of the well.
[2]
The application for a permit to conduct geophysical exploration
shall include the following:
[b] Name of proposed permittee.
[c] Address of proposed permittee.
[d] Statement of the proposed commencement and completion
date.
[e] Map or plan (three copies) outlining the areas
to be covered by the geophysical survey.
[f] Compliance with all other applicable provisions
of this chapter.
(j)
Additional safety regulations.
[1]
Fences. Prior to the commencement of and during all operations,
all operation and/or drilling sites shall be completely enclosed by
a chain link fence, masonry wall or other fencing material according
to one of the following requirements:
[a] The fence fabric shall be at least six feet in
height.
[b] Support posts shall be set in concrete and shall
be imbedded into the ground to a depth sufficient to maintain the
stability of the fence.
[c] The chain link fabric shall be galvanized steel
wire with a minimum plating of 1.2 ounces of zinc per square foot
of surface area or shall be coated with vinyl or plastic material,
approved by the chief of the servicing fire department.
[d] The chain link fence fabric shall have a minimum
thickness of 11 gauge.
[e] The chain link fabric shall be two-inch mesh; provided,
however, three and one-half-inch mesh may be used on any fence where
the fabric is interwoven with artificial screening material approved
by the Chief of the fire department.
[f] Post and rails shall be standard galvanized, welded
pipe. Schedule 40 or thicker; provided, however, that nongalvanized
drill pipe may be used if it exceeds Schedule 40 in thickness.
[g] All pipe and other ferrous parts, except chain
link fabric and drill pipe, shall be galvanized inside and outside
with a plating which contains a minimum of one and two-tenths ounces
of zinc per square foot of surface area.
[h] Tension rods shall be three-eighths-inch round
steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent
having a six-inch minimum take-up. Tension bars shall have a minimum
thickness of one-fourth by three-fourths inch.
[i] All fences shall have security extension arms at
the top of such fences and such security extension arms shall be strung
with galvanized barbed wire.
[2]
Masonry wall specifications. All masonry walls used to enclose
in whole or in part any well site or operation site shall be constructed
in accordance with standard engineering practices and shall meet the
following minimum specifications:
[a] The wall shall be of a design compatible with the
facilities buildings and structures on and adjacent to the site.
[b] The wall shall be at least six feet in height.
[c] The wall shall be constructed in accordance with
the provisions of the Nockamixon Township Building Code, as amended.
[3]
Gate specifications. For all operations and drill sites, all
chain link fences and masonry walls shall be equipped with at least
one gated area. The gated areas shall meet the following specifications:
[a] Each gated area shall be not less than 12 feet
wide and be composed of two gates, each of which is not less than
six feet wide, or one sliding gate not less than 12 feet wide. If
two gates are used, gates shall latch and lock in the center of the
span.
[b] The gates shall be of chain link construction which
meets the applicable specifications or of other approved material
which, for safety reasons, shall be at least as secure as chain link
fence.
[c] They shall be provided with a combination catch
and locking attachment device for a padlock and shall be kept locked
except when being used for access to the site.
[d] Hinges shall be heavy duty malleable iron or steel
industrial service type with a 180° swing.
[4]
Storage of equipment.
[a] No drilling, redrilling, reworking or other portable
equipment shall be stored on the operation site which is not essential
to the everyday operation of the well located thereon. This includes
the removal of idle equipment unnecessary for the operation of such
wells.
[b] Lumber, pipes, tubing and casing shall not be left
on the operation site except when drilling or well servicing operations
are being conducted on the site.
[c] It shall be illegal for any person, owner or operator
to park or store any vehicle or item of machinery on any street, right-of-way
or in any driveway, alley or upon any operation or drilling site which
constitutes a fire hazard or an obstruction to or interference with
fighting or controlling fires except that equipment which is necessary
for the maintenance of the well site or for gathering or transportation
of hydrocarbon substances from the site.
(k)
Screening; landscaping.
[1]
Screening developed areas. All wells, tanks and other drilling
related equipment shall be screened by a fence enclosure constructed
of one of the following materials:
[b] A chain link fabric with three and one-half-inch
mesh interwoven with opaque slats.
[c] Any other material, compatible with surrounding
uses, which effectively screen the operation and drilling site and
are approved by the Board of Supervisors.
[d] All fencing, masonry walls, opaque slatting, or
other compatible materials for use with chain link fabric, shall be
of a solid neutral color, compatible with surrounding uses, and maintained
in a neat, orderly, and secure condition. Neutral colors shall include
sand, gray and unobtrusive shades of green, blue and brown, or other
colors approved by the Board of Supervisors.
[2]
Screening drilling, redrilling, reworking, converting and activation.
Within 60 days of completion of drilling, redrilling, reworking or
converting, or within 60 days of activation of any idle well as defined
in this chapter, such well shall be screened by a fence enclosure
which conforms to the requirements of this subsection, and all applicable
state regulations.
[3]
Landscaping. Within 60 days after completion of drilling or
redrilling or within 60 days after activation of any idle well, any
oil operation site shall be landscaped in accordance with a plan submitted
to and approved by the Board of Supervisors.
(7) To the extent any provision of this subsection conflicts with any
provision of any other applicable ordinance, law, rule or regulation,
the more restrictive provision shall apply.
(8) The provisions of this section are declared to be severable. If any
provision of this section is declared to be invalid or unconstitutional
by a court of competent jurisdiction, such determination shall have
no effect on the remaining provisions of this section.
(9) This use is prohibited on any property subject to a conservation
easement or open space conditions, or any similar restrictions, whether
public or private.
[Amended 2-19-2015 by Ord. No. 157]
T. G-20 Oil or Natural Gas Compressor Station:
[Added 2-19-2015 by Ord.
No. 157]
(1) All compressor stations must comply with the standards set forth in §
234-23S(6), unless clearly only applicable to the recovery of subsurface oil and gas deposits, or a stricter standard is set forth in this subsection.
(2) This use is prohibited on any property subject to a conservation
easement or open space conditions, or any similar restrictions, whether,
public or private.
(3) This use shall not occur, no conditional use approval shall be granted,
and no building or zoning permit shall be issued until the applicable
procedures and standards in this subsection have been satisfied, the
applicable provisions of this chapter and the Code of Ordinances of
Nockamixon Township have been satisfied, and all applicable requirements
of the Commonwealth of Pennsylvania and United States Governments
have been satisfied, as evidenced by the prior written approval of
the agency having jurisdiction, including, without limitation, the
operator's license and copies of all state and federal permits.
(4) An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection. An impact statement/report shall be provided that is in conformance with and provides all applicable information required by §§
196-406 (relating to traffic), 196-408 (relating to water resources), and 196-411 (relating to environmental and cultural assessment) of the Nockamixon Township Subdivision and Land Development Ordinance [Chapter
196], as amended, as well as all other applicable information required in this chapter (including this subsection). Upon approval of the application, all subsequent operations shall be in conformance with the site plan, the conditional use decision and all conditions, zoning permit, all state and federal permits (as applicable) and all standards contained in this subsection.
(5) Setbacks.
(a)
Compressor stations shall be located:
[1]
At least 150 feet from the ultimate right-of-way of any public
or private street;
[2]
At least 800 feet from any property line, except that the setback
shall be 400 feet from the property line of any property zoned I Industrial
or Q Quarry;
[3]
At least 2,000 feet from any existing nonindustrial building;
[4]
At least 1,000 feet from all other existing buildings; and
[5]
At least 1,000 feet from the property line of any open space
property or property under a conservation easement or similar restriction
for which public funds were used to purchase or acquire the property
and/or the easement or other restriction.
(b)
Pipelines shall be permitted to traverse the required setbacks
only where absolutely necessary for the compressor station to receive
or transport oil or natural gas. This provision does not apply to
watercourse and wetland setbacks.
(c)
"Nonindustrial," for the purposes of this subsection, includes
all uses except: uses listed as "industrial" uses (G-1 to G-22) under
this chapter, Use F-1 (Utility Operating Facility), Use H-3 (Outside
Storage), and Use H-10 (Regulated Storage Tank).
(d)
All watercourses and wetlands shall be preserved in a natural,
undisturbed state. The edge of the disturbed area associated with
any wellsite shall be a minimum of 300 feet from the edge of any watercourse
or wetland. A wetland report, validated by the United States Army
Corps of Engineers, shall be provided. No activity may occur in a
floodplain.
(6) The provisions of this subsection are declared to be severable. If
any provision of this subsection is declared to be invalid or unconstitutional
by a court of competent jurisdiction, such determination shall have
no effect on the remaining provisions of this section.
(7) In the event that any court of competent jurisdiction declares all of Subsection
T(1) through
(5) above to be invalid or unconstitutional, and/or refuses to sever any of the above set forth provisions of this section, Use G-20, as defined under this chapter, shall be permitted subject to all of the following requirements:
(a)
Statement of purpose. The purpose of this subsection is to provide
for the health, safety, and welfare of the residents and their property
in Nockamixon Township; to provide the procedure for the issuance
of zoning permits for compressor stations; to protect the character
of the community, facilitating beneficial and compatible land uses;
and to further the Township's interest in the orderly development
and use of land in a manner consistent with local demographic and
environmental concerns.
(b)
Subject to the provisions of this subsection, this use shall
be permitted as a principal use upon conditional use approval in only
the I Industrial and Q Quarry Zoning Districts.
(c)
This use is prohibited on any property subject to a conservation
easement or open space conditions, or any similar restrictions, whether
public or private.
(d)
This use shall not occur, no conditional use approval shall
be granted, and no building or zoning permit shall be issued until
the applicable procedures and standards in this subsection have been
satisfied, the applicable provisions of this chapter and the Code
of Ordinances of Nockamixon Township have been satisfied, and all
applicable requirements of other governmental agencies have been satisfied,
as evidenced by copies of all applicable permits.
(e)
An applicant shall submit an application, a site plan, and all
documentation necessary to satisfy the requirements of this subsection.
(f)
Upon approval of the application, all subsequent activities
in connection with the use shall be carried out in conformance with
the site plan, the conditional use decision and all conditions, zoning
permit, and all standards contained in this subsection.
(g)
To the extent any provision of this subsection conflicts with
any provision of any other applicable ordinance, law, rule or regulation,
the more-restrictive provision shall apply.
U. G-21 Oil or Natural Gas Processing Facility:
[Added 2-19-2015 by Ord.
No. 157]
(1) All processing facilities must comply with the standards set forth in §
234-23S(6), unless clearly only applicable to the recovery of subsurface oil and gas deposits, or a stricter standard is set forth in this subsection.
(2) This use is prohibited on any property subject to a conservation
easement or open space conditions, or any similar restrictions, whether
public or private.
(3) This use shall not occur, no conditional use approval shall be granted,
and no building or zoning permit shall be issued until the applicable
procedures and standards in this subsection have been satisfied, the
applicable provisions of this chapter and the Code of Ordinances of
Nockamixon Township have been satisfied, and all applicable requirements
of the Commonwealth of Pennsylvania and United States Governments
have been satisfied, as evidenced by the prior written approval of
the agency having jurisdiction, including, without limitation, the
operator's license and copies of all state and federal permits.
(4) An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection. An impact statement/report shall be provided that is in conformance with and provides all applicable information required by §§
196-406 (relating to traffic), 196-408 (relating to water resources), and 196-411 (relating to environmental and cultural assessment) of the Nockamixon Township Subdivision and Land Development Ordinance [Chapter
196], as amended; as well as all other applicable information required in this chapter (including this subsection). Upon approval of the application, all subsequent operations shall be in conformance with the site plan, the conditional use decision and all conditions, zoning permit, all state and federal permits (as applicable) and all standards contained in this subsection.
(5) Setbacks.
(a)
Processing facilities shall be located:
[1]
At least 200 feet from the ultimate right-of-way of any public
or private street;
[2]
At least 1,000 feet from any property line, except that the
setback shall be 500 feet from the property line of any property zoned
I Industrial or Q Quarry;
[3]
At least 2,000 feet from any existing nonindustrial building;
[4]
At least 1,000 feet from all other existing buildings; and
[5]
At least 1,000 feet from the property line of any open space
property or property under a conservation easement or similar restriction
for which public funds were used to purchase or acquire the property
and/or the easement or other restriction.
(b)
Pipelines shall be permitted to traverse the required setbacks
only where absolutely necessary for the processing facility to receive
or transport oil or natural gas. This provision does not apply to
watercourse and wetland setbacks.
(c)
"Nonindustrial," for the purposes of this subsection, includes
all uses except: uses listed as "industrial" uses (G-1 to G-22) under
this chapter, Use F-1 (Utility Operating Facility), Use H-3 (Outside
Storage), and Use H-10 (Regulated Storage Tank).
(d)
All watercourses and wetlands shall be preserved in a natural
undisturbed state. The edge of the disturbed area associated with
any wellsite shall be a minimum of 300 feet from the edge of any watercourse
or wetland. A wetland report, validated by the United States Army
Corps of Engineers, shall be provided. No activity may occur in a
floodplain.
(6) The provisions of this subsection are declared to be severable. If
any provision of this subsection is declared to be invalid or unconstitutional
by a court of competent jurisdiction, such determination shall have
no effect on the remaining provisions of this subsection.
(7) In the event that any court of competent jurisdiction declares all of Subsection
U(1) through
(5) above to be invalid or unconstitutional, and/or refuses to sever any of the above set forth provisions of this section, Use G-21, as defined under this chapter, shall be permitted subject to all of the following requirements:
(a)
Statement of purpose. The purpose of this subsection is to provide
for the health, safety, and welfare of the residents and their property
in Nockamixon Township; to provide the procedure for the issuance
of zoning permits for processing facilities; to protect the character
of the community, facilitating beneficial and compatible land uses;
and to further the Township's interest in the orderly development
and use of land in a manner consistent with local demographic and
environmental concerns.
(b)
Subject to the provisions of this subsection, this use shall
be permitted as a principal use upon conditional use approval in only
the I Industrial and Q Quarry Zoning Districts.
(c)
This use is prohibited on any property subject to a conservation
easement or open space conditions, or any similar restrictions, whether
public or private.
(d)
This use shall not occur, no conditional use approval shall
be granted, and no building or zoning permit shall be issued until
the applicable procedures and standards in this subsection have been
satisfied, the applicable provisions of this chapter and the Code
of Ordinances of Nockamixon Township have been satisfied, and all
applicable requirements of other governmental agencies have been satisfied,
as evidenced by copies of all applicable permits.
(e)
An applicant shall submit an application, a site plan, and all
documentation necessary to satisfy the requirements of this subsection.
(f)
Upon approval of the application, all subsequent activities
in connection with the use shall be carried out in conformance with
the site plan, the conditional use decision and all conditions, zoning
permit, and all standards contained in this subsection.
(g)
To the extent any provision of this subsection conflicts with
any provision of any other applicable ordinance, law, rule or regulation,
the more-restrictive provision shall apply.
V. G-22 Nonregulated Pipeline: The following location rules shall apply
to all nonregulated pipelines. The rules set forth below establish
a tiered system of location rules in order to strike a balance between
safety and minimization of disturbance to the existing patterns of
development and conservation in the Township.
[Added 2-19-2015 by Ord.
No. 157]
(1) Priority preference. Nonregulated pipelines may be located only in
existing rights-of-way for roads and pipeline rights-of-way, in order
to minimize habitat fragmentation, pollution of groundwater and surface
water resources, and disturbance to existing development.
(a)
Nonregulated pipelines proposed to be located near existing
electrical transmission lines must present evidence of precautions
taken to minimize the risk of inducing voltage in the pipeline.
(b)
Nonregulated pipelines must calculate the potential impact radius
("PIR") (also called the "hazard area radius" or "blast radius") and
demonstrate that the existing right-of-way's PIR does not intersect
existing development or sensitive natural resources. The method for
calculating the PIR shall be the same as the method set forth in Title
49 of the Code of Federal Regulations.
(c)
If the potential impact radius intersects existing development
and/or sensitive natural resources, the applicant must identify the
type of existing development (e.g., residential, industrial, agricultural,
institutional) and/or sensitive natural resources; the degree to which
the potential impact radius intersects the existing development or
sensitive natural resources; the likelihood of pipeline failure; and
the degree to which such failure would impact the existing development
and/or sensitive natural resources.
(d)
The applicant shall minimize disturbance to existing natural
resources and wildlife corridors, including, but not limited to, minimizing
tree removal to provide additional buffer if an explosion occurs;
minimizing land disturbance; and using the best available technology
to protect surface water and groundwater resources during pipeline
construction.
(2) Alternative. If the applicant demonstrates that locating a nonregulated pipeline in accordance with §
234-23V(1) poses a significant risk to public health, safety, and welfare, the following location rules shall apply:
(a)
An applicant for a nonregulated pipeline must calculate the
potential impact radius (also called the "hazard area radius" or "blast
radius") and locate the proposed nonregulated pipeline such that the
potential impact radius does not intersect existing development and/or
sensitive natural resources.
(b)
The applicant shall minimize disturbance to existing natural
resources and wildlife corridors, including minimizing tree removal
to provide additional buffer if an explosion occurs; minimizing land
disturbance, and using the best available technology to protect surface
water and groundwater resources during pipeline construction.
(3) Other standards. All nonregulated pipelines must comply with the standards set forth in §
234-23S(6), unless clearly only applicable to the recovery of subsurface oil and gas deposits, or a stricter standard is set forth in this subsection.
(4) The provisions of this subsection are declared to be severable. If
any provision of this subsection is declared to be invalid or unconstitutional
by a court of competent jurisdiction, such determination shall have
no effect on the remaining provisions of this section.
(5) In the event that any court of competent jurisdiction declares all of Subsection
V(1) through
(4) above to be invalid or unconstitutional, and/or refuses to sever any of the above set forth provisions of this section, Use G-22, as defined under this chapter, shall be permitted subject to all of the following requirements:
(a)
Statement of purpose. The purpose of this subsection is to provide
for the health, safety, and welfare of the residents and their property
in Nockamixon Township; to provide the procedure for the issuance
of zoning permits for nonregulated pipelines; to protect the character
of the community, facilitating beneficial and compatible land uses;
and to further the Township's interest in the orderly development
and use of land in a manner consistent with local demographic and
environmental concerns.
(b)
Subject to the provisions of this subsection, this use shall
be permitted as a principal use upon conditional use approval in only
the I Industrial, Q Quarry, and C Commercial Zoning Districts.
(c)
This use is prohibited on any property subject to a conservation
easement or open space conditions, or any similar restrictions, whether
public or private.
(d)
This use shall not occur, no conditional use approval shall
be granted, and no building or zoning permit shall be issued until
the applicable procedures and standards in this subsection have been
satisfied, the applicable provisions of this chapter and the Code
of Ordinances of Nockamixon Township have been satisfied, and all
applicable requirements of other governmental agencies have been satisfied,
as evidenced by copies of all applicable permits.
(e)
An applicant shall submit an application, a site plan, and all
documentation necessary to satisfy the requirements of this subsection.
(f)
Upon approval of the application, all subsequent activities
in connection with the use shall be carried out in conformance with
the site plan, the conditional use decision and all conditions, zoning
permit, and all standards contained in this subsection.
(g)
To the extent any provision of this subsection conflicts with
any provision of any other applicable ordinance, law, rule or regulation,
the more-restrictive provision shall apply.
W. G-23 Medical Marijuana Growing/Processing Facility: an activity or
operation owned and operated by a "grower/processor," as that term
is defined in Act 16 of 2016, known as the Medical Marijuana Act ("the
Act"). As used in this §
234-23W, "grower/processor" shall have the same meaning as the term defined in the Act. Medical marijuana growing/processing facilities shall be subject to the following regulations:
[Added 1-19-2017 by Ord.
No. 163]
(1) A medical marijuana growing/processing facility shall be owned and
operated in accordance with all applicable laws and regulations, including
the Medical Marijuana Act and federal memoranda regarding medical
marijuana.
(2) No medical marijuana growing/processing facility shall be located
within 1,000 feet of the property line of a public, private, or parochial
school or day-care center.
(3) A medical marijuana growing/processing facility shall be clearly
identified as such in its signage.
(4) A medical marijuana growing/processing facility shall be subject
to quarterly inspection by the Township Zoning Officer or other Township
designee.
(5) Permit application requirements:
(a)
A copy of the permit issued to the grower/processor by the Pennsylvania
Department of Health under the Medical Marijuana Act.
(b)
Documentation of procedures and measures used or to be used
by the medical marijuana growing/processing facility and its owner
and/or operator to ensure compliance with or to abide by:
[1]
The Medical Marijuana Act;
[2]
Federal memoranda regarding medical marijuana, including, inter
alia, the August 29, 2013, United States Department of Justice memorandum
(known as the "Cole memorandum");
[3]
All other applicable laws and regulations governing the grower/processor
or the marijuana growing/processing facility, including the Township's
Code of Ordinances.
(c)
Documentation that the grower/processor has provided the following
information to the Pennsylvania State Police:
[1]
Contact information [name, phone number(s), e-mail, mailing
address] for two individuals at the medical marijuana growing/processing
facility and two individuals of the grower/processor who the Pennsylvania
State Police may contact should suspicions of illegal activity or
other concerns arise regarding the medical marijuana growing/processing
facility.
(6) Effect on federal law. Nothing in this §
234-23W shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.
[Amended 6-9-1992 by Ord.
No. 70; 11-9-1994 by Ord. No. 79; 5-11-1999 by Ord. No. 97; 2-13-2001 by Ord. No. 103; 2-18-2004 by Ord. No. 112; 5-18-2004 by Ord. No. 115; 11-15-2005 by Ord. No. 124; 12-16-2009 by Ord. No. 139]
A. H-1 Accessory Home Occupation: a customary home occupation for gain.
An accessory home occupation is an accessory use that shall be clearly
subordinate to the existing residential use of the property. Such
uses shall meet the general standards and the specific standards related
to the use as set forth below.
(1) General standards. The following shall apply to all home occupations:
(a)
A home occupation must be conducted within a dwelling which
is a bona fide residence of the principal practitioner or in an accessory
building thereto which is normally associated with a residential use.
The home occupation shall be carried on wholly indoors.
(b)
The maximum amount of floor area devoted to this home occupation
shall not be more than 25% of the gross floor area of the principal
residential structure or 600 square feet, whichever is less. At least
850 square feet of the total floor area must remain in residential
use.
(c)
In no way shall the appearance of the residential structure
be altered or the occupation within the residences be conducted in
a manner which would cause the premises to differ from its residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible outside the premises to attract
customers or clients, other than those signs permitted by this chapter.
(d)
Only one sign for home occupations is permitted per property,
provided that it is no larger than four square feet per side bearing
only the name, occupation and office hours of the practitioner. Such
sign shall not be illuminated or placed in a window.
(e)
All commercial vehicles shall be parked on the lot and must
be parked in a garage or an enclosed structure.
(f)
Off-street parking spaces are not permitted in the front yard.
All off-street parking areas must be located at least 10 feet from
any property line. Off-street parking lots with three or more spaces
shall be buffered from abutting residences using a hedge or a fence
not exceeding five feet in height.
(g)
There shall be no exterior storage of materials or refuse resulting
from the operation of the home occupation.
(h)
No equipment or process shall be used in a home occupation which
creates noise, vibration, glare, fumes, odors, dust or electrical
interference detectable to the normal senses off the lot. No equipment
or process shall be used which creates visible or audible interferences
in any radio or televisions receivers off the premises.
(i)
Home occupations shall not include the following: animal hospitals,
commercial stables and kennels, funeral parlors or undertaking establishments,
antique shops, tourist homes, restaurants and rooming houses or boardinghouses.
(j)
A zoning permit shall be required for all accessory home occupations.
(2) Specific use standards. The following shall apply to specific accessory
home occupations:
(a)
H-1a Professional Offices.
[1]
A professional office is a service business use conducted within
an enclosed area specifically designed for the functional needs of
the use wherein the professional services of the practitioner is the
salable commodity offered to the client. Professional offices include,
but are not limited to, the following: office facilities for salesman,
sales representative, manufacturer's representative, architect, engineer,
broker, dentist, doctor, psychiatrist, insurance agent, land surveyor,
lawyer, musician, real estate agent, accountant or clergyman.
[2]
A professional home office is a permitted accessory use, provided
that the home occupation complies with the following conditions and
a zoning permit is obtained:
[a] No more than two persons other than the resident
members of the immediate family may be employed.
[b] The minimum site area shall be two acres except
in the VC and VC-1 Districts where it shall be permitted in any detached
structure on lots of 10,000 square feet or larger.
[c] In addition to the off-street parking spaces required
in this chapter for the residential use, a professional office shall
provide one off-street parking space for each employee plus one additional
space for each 200 square feet of office space. A maximum of six off-street
parking spaces are permitted on one lot, inclusive of the required
residential parking.
(b)
H-1b Personal Services: a service business including, but not
limited to, barbers, beauticians or photographers.
[1]
Beauty parlors and barbershops are permitted, provided that
no more than two beauty parlor or barber chairs are provided.
[2]
No more than one person other than the resident members of the
immediate family may be employed.
[3]
The minimum site area shall be two acres except in the VC and
VC-1 Districts where it shall be permitted in any detached structure
on lots of 10,000 square feet or larger.
[4]
In addition to the off-street parking spaces required in this
chapter for the residential use, a beauty parlor or barber shall provide
one off-street parking space for each employee plus one additional
space for each 200 square feet of service space. A maximum of six
off-street parking spaces are permitted on one lot, inclusive of the
required residential parking.
(c)
H-1c Instructional Services. An instructional service is a home
occupation in which the practitioner provides the client with special
instruction in a specific area of study. The establishment of this
home occupation does not require a room or series of rooms specifically
designed for that purpose.
[1]
Instructional services involving a maximum of four students
at a time are permitted.
[2]
Instructional services involving musical instruments are permitted
only in single-family detached dwellings.
[3]
No person shall be employed other than resident members of the
immediate family.
[4]
In addition to the off-street parking spaces required for the
residential use, an instructional service shall provide one off-street
parking space per every two students being instructed at any one time.
A maximum of four off-street parking spaces are permitted on one lot
inclusive of residential parking.
(d)
H-1d Home Crafts.
[1]
Home crafts are business activities whereby the commodity is
completely manufactured and may be sold on the site by the resident
craftsman.
[2]
Home crafts may include, but are not limited to, the following:
dressmakers, seamstresses and tailors; model making; rug weaving;
lapidary work; and furniture making.
[a] Home crafts are permitted only in single-family
detached dwellings and existing accessory buildings on the same lot.
[b] No more than one person other than resident members
of the immediate family may be employed.
[c] In addition to the off-street parking spaces required
in this chapter for the residential use, a home craft shall provide
one off-street space per 300 square feet of total floor area used
for the home occupation. A maximum of four off-street parking spaces
are permitted on one lot inclusive of the required residential parking.
(e)
H-1e Family Day Care. A family day-care use is a facility in
which care is provided for one or more but fewer than seven children
at any one time where the child-care areas are being used as a family
business.
[1]
The use shall be conducted in a building designed for residential
occupancy and for the safety and well-being of the occupants.
[2]
The use shall comply with any applicable state regulations dealing
with day care for fewer than seven children.
[3]
A minimum play area of 2,000 square feet of contiguous area
shall be provided as a recreational area for the children. This area
shall not include any paved areas or parking areas.
[4]
Family day-care uses are permitted as an accessory to a single-family
detached dwelling only.
[5]
If a family day-care use is located adjacent to a nonresidential
use, a parking lot or a collector or arterial street, the outdoor
play area must be enclosed by a four-foot-high fence.
[6]
No more than one person other than resident members of the immediate
family may be employed.
[7]
In addition to the off-street parking required for the residential
use, at least one additional off-street parking space is required
for each employee.
(f)
H-1f Trades, Businesses. The use of a residence as a base of
operations for the business is permitted, but not the conduct of any
phase of the trade on the property. Trades included in this home occupation
include, but are not limited to, electrician, plumber, carpenter,
mason, painter, roofer and similar occupations.
[1]
No more than one business vehicle may be parked on the property
including noncommercial trucks and vans with loading capacities exceeding
3/4 ton. The business vehicle shall be parked in an enclosed structure.
[2]
The area of the office, storage of materials and equipment (excluding vehicles) shall not exceed the limitation of Subsection
A(1), General Standards, above.
[3]
No assembling, manufacturing, processing or sales shall be conducted
on the property.
[4]
In addition to the off-street parking spaces required in this
chapter for the residential use, a trades business shall provide one
off-street parking space for each employee plus one off-street parking
space for each business vehicle. A maximum of six off-street parking
spaces are permitted on one lot, inclusive of the required residential
parking.
[5]
The minimum lot area on which this home occupation shall be
permitted shall be two acres.
(g)
H-1g Repair Services. A repair shop for appliances, lawn mowers,
watches, guns, bicycles, locks, smaller business machines and other
goods, but not including automobile, truck and motorcycle repairs.
[1]
No more than one person other than resident members of the immediate
family may be employed.
[2]
In addition to the off-street parking spaces required in this
chapter for the residential use, this accessory use shall provide
one off-street parking space for each 300 square feet of total floor
area used for the home occupation.
(h)
H-1h Other Home Occupations. All other home occupations not
specified in uses H-1a through H-1g, including, but not limited to,
product assembly/manufacture and/or distribution of products manufactured
off-site. These uses shall meet all general requirements of Section
H-1 above and the following:
[1]
No more than one person other than resident members of the immediate
family may be employed.
[2]
In addition to the off-street parking spaces required by this
chapter for the residential use, this accessory use shall provide
one off-street parking space for each 300 square feet of total floor
area used for the home occupation.
(i)
H-1i No-Impact Home-Based Business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular on pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. Where the provisions of this subsection conflict with the general standards pertaining to home occupations [§
234-24A(1)] of this chapter, the provisions of this subsection shall control.
[1]
The no-impact home-based business activity shall be compatible
with the residential use of the property and the surrounding uses,
residential and nonresidential.
[2]
A no-impact home-based business is only permitted on the same
lot with and must be clearly incidental and accessory to a permitted
residential dwelling that is the bona fide residence of the principal
practitioner of the business activity.
[3]
A no-impact home-based business must be carried on wholly indoors
and within the dwelling that is the bona fide residence of the principal
practitioner of the business activity.
[4]
The maximum amount of floor area devoted to a no-impact home-based
business shall not exceed 25% of the habitable floor area of the principal
residential dwelling structure.
[5]
The no-impact home-based business shall employ no employees,
contractors, agents, or representatives other than family members
of the principal practitioner, who also must reside in the dwelling
unit.
[6]
Any display or sale of retail goods or stockpiling of inventory
of a substantial nature is prohibited.
[7]
There shall be no outside appearance of a business use or activity
including, but not limited to, signs, parking, lights, and waste disposal.
[8]
The no-impact home-based business activity may not use any equipment
or process that creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
[9]
The no-impact home based business may not involve any illegal
activity.
[10] The no-impact home-based business may not generate
any solid waste or sewage discharge, in volume or type, which is not
normally associated with a residential use.
[11] A no-impact home-based business use is not permitted
where prohibited by a deed restriction, covenant or agreement restricting
the use of land, master deed, bylaw or other document applicable to
a common interest ownership community.
[12] A zoning permit shall be required for all no-impact
home-based business uses.
B. H-2 Residential Accessory Structure. A residential accessory structure
or use, including but not limited to:
(1) Parking spaces for the parking of passenger automobiles; parking
of commercial vehicles not exceeding one ton loading capacity; or
the parking of one school bus.
(2) Structures such as fences and walls with a maximum height of seven
feet.
(3) No accessory structure or use, other than a garage, shall be permitted
within required front yards except as follows: on lots of 10 acres
or more an accessory structure may be located on any side of the dwelling,
provided that the accessory structure is set back from all property
lines the distance required by the front, side and rear yard requirements
for the district and use. A completely detached accessory building
may occupy a required rear or side yard but shall not be located closer
than seven feet to any rear or side property line, except that swimming
pools and other accessory construction surrounding swimming pools
shall be no closer than 15 feet to any rear or side property line;
and structures with a building area of more than 120 square feet shall
meet the building setback requirements for principal structures. All
accessory structures shall be located behind the principal building
setback line closest to the street on which it fronts. In the case
of corner lots where two front yards are required, all accessory structures
shall be located behind the principal building line as established
by the location of the principal building for both required front
yards. No accessory structures shall be located closer to either street
than the principal building.
(4) The following residential accessory structures shall be permitted
in conjunction with single-family detached dwellings only:
(a)
Buildings such as storage sheds and private greenhouses.
(b)
Detached garages for personal vehicles.
C. H-3 Outside Storage. Outside storage necessary but incidental to
the normal operation of a primary nonresidential use, subject to the
following additional provisions:
(1) No part of the street right-of-way, no sidewalks or other areas intended
or designed for pedestrian use, no required parking areas and no part
of the required front yard shall be occupied by outside storage.
(2) Outside storage areas shall occupy an area of less than 0.5 of the
existing building coverage.
(3) Uses requiring more substantial amounts of land area for storage, such as any nursery, automotive sales, truck terminal and lumber yards may be exempt from the provisions of Subsection
C(2) above. For these and other similar uses, no more than 25% of the lot area shall be used for outside storage. Among the uses that shall not be considered appropriate for inclusion under this provision are retail shop, repair shop, service station, automobile repair and car wash.
(4) The storage of tractor trailers, panel trucks, vans and similar vehicles
which supply or service establishments in commercial or industrial
districts shall be permitted, provided that such vehicles shall be
used by the establishment in the normal conduct of their business.
D. H-4 Temporary Structures and Vehicles. A temporary permit may be
issued for structures or uses necessary during construction or other
special circumstances of a nonrecurring nature, subject to the following
additional provisions:
(1) The time period of the initial permit shall be six months. This permit
may be renewed for three-month time periods.
(2) Temporary nonconforming structures or uses shall be subject to authorization
by the Zoning Officer.
(3) Such structure or use shall be removed completely within 30 days
of the expiration of the permit without cost to the municipality.
(4) No retail sales shall be permitted from a temporary structure or
vehicle.
E. H-5 Swimming Pool. A swimming pool shall be permitted as an accessory
to a single-family detached residential use.
(1) No person, owner or occupant of land shall install or maintain a
swimming pool or other artificial body of water capable of being filled
to a depth exceeding 24 inches at the deepest or lowest point unless
a permit is first obtained from the Zoning Officer and the required
plans and information are filed, together with required permit fees.
Ornamental pools and wading pools which do not exceed 24 inches in
depth are exempt from these provisions. Swimming pools shall include
any pool, regardless of design or construction materials or the permanency
of its location both above and below ground level, which is built,
erected or used for the purpose of bathing or swimming and all buildings,
equipment and appurtenances thereto. This chapter shall also apply
to public swimming pools used and maintained by an individual, firm,
corporation, club or association of persons for use by the public
or members and their invites or guests. In the case of public swimming
pools, this use need not be accessory to a residential use.
(2) Each pool area and the paving or coping surrounding it or associated
with it shall be located not less than 15 feet back from the front
building line (the line at which the principal building is located)
and not closer than 15 feet to property lines. No pool shall be permitted
to be located within the front yard.
(3) Safety. Any pool or water area shall be suitably designed, located
and maintained so as not to become a nuisance or hazard either to
adjoining property owners or the public generally. All detachable
ladders shall be removed when the pool is not in use.
(4) Sanitary quality of water. The physical, chemical and bacterial qualities
of the water in public swimming pools shall comply with the latest
standards of the Commonwealth of Pennsylvania, Department of Health.
Failure to maintain the sanitary quality of water prescribed by this
section or to restore such water to the required quality within the
time prescribed by the Department of Health shall be a violation of
this section.
(5) Construction and maintenance. The construction and design of all pools shall be such that the same can be maintained and operated as to be clean and sanitary at all times. The owners of every such pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Swimming pools shall be constructed, equipped and maintained in strict conformity with the provisions of the swimming pool and public health codes issued by the Commonwealth of Pennsylvania and the Bucks County Health Department. Initial filling of new swimming pools, and filling of swimming pools at the beginning of each new season, shall be completed from a source other than an on-site water supply well per Chapter
222 and Chapter
234.
[Amended 9-21-2023 by Ord. No. 174]
(6) Outdoor lighting, if used, shall be installed in such a way as to
be shielded and not to reflect toward or into adjacent residential
properties.
(7) All electrical work connected with the pool and all equipment incidental
thereto shall comply with all Underwriter Laboratory regulations and
must be inspected and certified by an electrical underwriter's inspection
agency. Owner or his agent shall submit satisfactory documentation
that the inspection and certification has occurred prior to the initial
filling of the pool with water.
(8) A minimum isolation distance of 25 feet shall be required between
a swimming pool and any sewage disposal system.
(9) Approved filtration systems and circulators must be provided for
all pools except such exempt or nonexempt wading pools as are emptied
on a daily basis as hereinafter provided.
(10)
All pool installations shall conform to all applicable building
codes.
(11)
In no case shall water in the pool or pool area be permitted
to emit an offensive odor or create any unhealthful condition. Further,
it shall be a violation of this chapter to cause or allow drainage
onto adjoining land.
(12)
No pool shall be located under any electric power lines (including
service lines), and the pool must be located at least 10 feet (measured
horizontally) from such power lines.
(13)
Fencing of pools. All outdoor private swimming pools, including
in-ground, above-ground or on-ground pools, shall be provided with
a barrier which shall comply with the following:
(a)
The top of the bather shall be at least 48 inches (1,219 mm)
above finished ground level, measured on the side of the barrier which
faces away from the swimming pool. The maximum vertical clearance
between finished ground level and the barrier shall be two inches
(51 mm), measured on the side of the barrier which faces away from
the swimming pool. Where the top of the pool structure is above finished
ground level, such as an aboveground pool, the barrier shall be at
finished ground level, such as the pool structure, or shall be mounted
on top of the pool structure. Where the barrier is mounted on the
pool structure, the opening between the top of surface of the pool
frame and the bottom of the barrier shall not allow passage of a four-inch
(102 mm) diameter sphere.
(b)
Openings in the barrier shall not allow passage of a four-inch
(102 mm) diameter sphere.
(c)
Solid barriers shall not contain indentations or protrusions
except for normal construction tolerances and tooled masonry joints.
(d)
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is 45
inches (1,143 mm), the horizontal members shall be located on the
swimming pool side of the fence. Spacing between vertical members
shall not exceed 1 3/4 inches (44 mm) in width. Decorative cutouts
shall not exceed 1 3/4 inches (44 mm) in width.
(e)
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is 45
inches (1,143 mm) or more, spacing between vertical members shall
not exceed four inches (102 mm). Decorative cutouts shall not exceed
1 3/4 inches (44 mm) in width.
(f)
Maximum mesh size for chain link fences shall be a 1 1/4
inch (32 mm) square unless the fence is provided with slats fastened
at the top or the bottom which reduce the openings to not more than
1 3/4 inches (44 mm).
(g)
Where the barrier is composed of diagonal members, such as a
lattice fence, the maximum opening formed by the diagonal members
shall be not more than 1 3/4 inches (44 mm).
(h)
Access gates shall comply with the requirements of subsections
(a) through
(g) above and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 mm) from the bottom of the gate:
[1]
The release mechanism shall be located on the pool side of the
gate at least three inches (76 mm) below the top of the gate.
[2]
The gate and barrier shall not have an opening greater than
1/2 inch (13 mm) within 18 inches (457 mm) of the release mechanism.
(i)
Where a wall of a dwelling unit serves as part of the barrier
and contains a door that provides direct access to the pool, one of
the following shall apply:
[1]
All doors within direct access to the pool through that wall
shall be equipped with an alarm which produces an audible warning
when the door and its screen, if present, are opened. The audible
warning shall commence not more than seven seconds after the door
and door screen, if present, are opened and shall sound continuously
for a minimum of 30 seconds. The alarm shall have a minimum sound
pressure rating of 85 dBA at 10 feet (3,048 mm), and the sound of
the alarm shall be distinctive from other household sounds such as
smoke alarms, telephones and door bells. The alarm shall be equipped
with manual means, such as touchpads or switches, to deactivate temporarily
the alarm for a single opening from either direction. Such deactivation
shall last for not more than 15 seconds. The deactivation touchpads
or switches shall be located at least 54 inches (1,372 mm) above the
threshold of the door.
[2]
All doors with direct access to the pool through that wall shall
be equipped with a self-closing and self-latching device with the
release mechanism located a minimum of 54 inches (1,372 mm) above
the floor. Swinging doors shall open away from the pool area.
[3]
The pool shall be equipped with a power safety cover. Where
in a closed position, the cover shall be capable of holding a weight
of 485 pounds (2,175 N), shall not have any openings that allow passage
of a 4 1/2 inches (114 mm) sphere and shall incorporate a system
to drain standing water that collects on the cover. The cover control
switch shall be permanently installed in accordance with NFPA 70 listed
in Chapter 35, and be key-operated and of a spring-loaded or momentary-contact
type. Where the switch is released, the operation of the cover shall
stop instantly and be capable of reversing direction immediately.
The switch shall be in the line of sight of the complete pool cover.
(j)
Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a fixed or removable ladder or steps, the ladder or steps shall be surrounded by a barrier which meets the requirements of subsections
(a) through
(i) above. A removable ladder shall not constitute an acceptable alternative to enclosure requirements.
F. H-6 Recreational Vehicles. Campers, recreational vehicles and boats
shall be stored on the premises by the occupant of the premises only.
Storage of such vehicles when not in use must be behind the building
setback line. No such equipment shall be used for living, sleeping
or housekeeping purposes when parked or stored on a residential lot
or in any location not approved for such a use for longer than 30
days.
G. H-7 Spa/Hot Tub. Such pools are permitted as accessory uses to residential
structures.
(1) Fencing of a spa/hot tub shall be required and shall meet the provisions of Subsection
E(13) above.
(2) A spa or hot tub with a manufacturer's approved safety cover shall be exempt from fencing provisions of Subsection
E(13).
H. H-8 Residential Accessory Dwelling. One residential accessory dwelling
accessory to a single-family detached dwelling shall be permitted,
provided that the following conditions are met. The intent of these
provisions is to allow for domestic servants, caretakers employed
on the premises, occasional nonpaying guests and related family members
to reside on the premises but to prohibit the creation of for-profit
apartments in districts where multi-family housing is not otherwise
permitted.
(1) The residential accessory dwelling shall occupy no more than 1,200
square feet of total floor area.
(2) The residential accessory dwelling may contain separate cooking,
sleeping, living and bathroom facilities.
(3) The residential accessory dwelling shall be part of the principal
residence or may be contained in an existing accessory structure such
as a garage. Except as hereafter provided, no new separate structures
on the same lot with the principal residence shall be permitted to
be constructed for this use.
(4) On lots of three acres or more, no more than one new structure may
be constructed to house a residential accessory dwelling. Such structure
shall meet all of the dimensional requirements of a principal residence.
(5) Written verification from the Bucks County Department of Health certifying
to the adequacy of the sewage facilities proposed to service a residential
accessory dwelling is required.
(6) The required off-street parking for the principal dwelling plus one
additional off-street parking space for the residential accessory
dwelling shall be provided.
(7) The residential accessory dwelling shall be occupied only by domestic
servants or caretakers employed on the premises, occasional nonpaying
guests and/or related family members such as elderly parents or dependent
adult children who need to reside in close proximity to family members.
(8) There shall be no changes to the exterior of the residence which
suggest that the dwelling unit is other than a single-family detached
dwelling or which otherwise detract from the single-family character
of the neighborhood.
(9) No more than one residential accessory dwelling shall be permitted
per single-family detached dwelling.
(10)
Each residential accessory dwelling shall be registered with
the Township Zoning Officer who shall keep a record of its occupants
to ensure compliance with the provisions hereof. An annual permit
shall be required for a residential accessory dwelling.
I. H-9 Temporary Community Event:
[Amended 11-20-2012 by Ord. No. 146; 6-20-2013 by Ord. No. 148]
(1) Definitions. As used within this section only, the following definitions
apply:
LARGE NONCOMMERCIAL TEMPORARY COMMUNITY EVENT
A temporary community event with greater than 200 attendees
at which no admission fee is charged, no money is collected, and no
articles are offered for sale. Such events shall not exceed two days
per occurrence, and there shall be no more than two occurrences per
year per property.
LOCAL NONPROFIT ENTITY
A registered nonprofit organization having its principal
location in Nockamixon Township or an adjacent municipality. Examples
include: fire companies; rescue squads; EMS organizations; churches
and other religious entities; veterans' groups; civic associations;
and community sports leagues.
TEMPORARY COMMUNITY EVENT
A temporary activity with greater than 50 attendees that
is not otherwise permitted as part of the principal use of the property
where the event would be located.
(2) General requirement for all temporary community events. No temporary
community event shall be conducted unless the event sponsor or organizer
provides adequate security, parking, emergency access, road access,
traffic control, sanitary facilities, trash disposal, noise control
and cleanup. All other provisions of the Township's Code of Ordinances,
including noise control, continue to apply. The Township reserves
the right to enjoin any event that poses a nuisance.
(3) Permit requirement for commercial temporary community events. Except as otherwise set forth in Subsection
I(4) below, no commercial temporary community event shall take place unless a permit has been granted in accordance with the Table of Use Regulations set forth in §
234-25 and the following requirements:
(a)
Each commercial temporary community event shall be limited to
no more than seven days per occurrence. For each sponsoring organization
or property, there shall be no more than four events in a calendar
year, and there shall be at least a thirty-day period between each
event.
(b)
Each commercial temporary community event shall end by 12:00
midnight. Event cleanup and tear-down may occur until 1:00 a.m., provided
these activities are carried out in a manner that respects the occupants
of surrounding properties and their right to the peaceful and quiet
enjoyment of their properties.
(c)
Signs advertising a commercial temporary community event shall
not exceed 12 square feet per sign, and no more than four signs shall
be permitted.
(d)
If a commercial temporary community event includes the sale
or provision of alcohol to attendees, the applicant shall provide
the Township with proof of compliance with all applicable laws and
licensing requirements.
(e)
An applicant for a commercial temporary community event permit
shall maintain adequate property damage and liability insurance naming
Nockamixon Township as an additional insured. Said insurance shall
be no less than $1,000,000. Additional insurance shall be required,
in amounts set forth in the Township's permit application, for all
events posing additional risks, including, but not limited to, events
involving alcohol, pyrotechnics, and mechanical or livestock amusements.
(f)
An applicant for a commercial temporary community event permit
shall submit an emergency response plan and shall demonstrate compliance
with the requirements of the ordinance; including, but not limited
to, the following: proof of insurance, adequate provisions for security,
parking, emergency access, road access, traffic control, sanitary
facilities, trash disposal, noise control and cleanup.
(g)
The Township, at its discretion, may require additional information
to process an application for a commercial temporary community event.
(h)
The Township may, at its discretion, impose additional event-specific
requirements as needed to protect the public health, safety, and welfare.
(4) Local nonprofit entity permit exception. A commercial temporary community
event conducted by a local nonprofit entity does not require a temporary
community event permit.
(5) Requirements for large temporary community events that are noncommercial
or conducted by local nonprofit entities.
(a)
Each such event shall end by 12:00 midnight. Event cleanup and
tear-down may occur until 1:00 a.m., provided these activities are
carried out in a manner that respects the occupants of surrounding
properties and their right to the peaceful and quiet enjoyment of
their properties.
(b)
The event sponsor shall submit to the Township an emergency
response plan demonstrating adequate provisions for security, parking,
emergency access, road access, traffic control, sanitary facilities,
trash disposal, noise control and cleanup. The Township shall supply
a standardized form that event sponsors may use.
(c)
The Township may, at its discretion, impose additional event-specific
requirements as needed to protect the public health, safety, and welfare.
J. H-10 Regulated Storage Tank: A tank, above or below the surface of
the ground, used or designed to hold any hazardous substance, with
a capacity of 1,100 gallons or more, along with any connected piping,
ancillary equipment and/or containment system, other than a private
storage tank that stores petroleum oil within a residence or other
multidwelling structure for personal use.
[Amended 11-20-2012 by Ord. No. 146]
(1) A regulated storage tank containing or designed to contain any hazardous
substance shall not be located within 100 feet of any on-site or off-site
water facility, watercourse, quarry and/or mineral extraction use
or any other use conducting regular or intermittent blasting activities.
(2) Any regulated storage tank containing or designed to contain any
hazardous substance shall be an aboveground storage tank and shall
be installed in a fully enclosed vault. The exterior of the storage
tank must be visually inspectable from within the vault. The entire
vault shall be placed above the surface of the ground, unless a state
or federal regulation specifically requires the vault be located beneath
the surface of the ground. Each regulated storage tank shall be entirely
within the vault and shall be surrounded by an emergency holding area
capable of effectively holding 110% of the total volume of the storage
tank(s). The construction, composition and maintenance of this emergency
holding area shall prevent the movement or discharge of the regulated
storage tank's contents to the surrounding land surface.
(3) Regulated storage tanks classified and/or defined as an underground
storage tank are expressly prohibited. Regulated storage tanks may
not be located beneath the surface of the ground unless:
(a)
Required by state or federal regulation; and
(4) For every regulated storage tank, the applicant shall furnish a report
from a hydrogeologist stating the nature of the underlying soil geologic
structure and aquifer; the likelihood of contamination of nearby water
facilities and watercourses in the event the contents of the storage
tank are discharged; the impact upon the surrounding uses of the storage
tank; and an estimate of the groundwater travel time which might be
expected from the location of the regulated storage tank to all water
facilities and watercourses.
(5) A surveyed drawing complying with the provisions of this chapter
is required, indicating the specific distance from each regulated
storage tank and vault to the nearest on-site and off-site water facility,
nearest watercourse, nearest quarry extraction use and/or other use
conducting regular or intermittent blasting activities.
(6) Any regulated storage tank shall meet all current county, state and
federal requirements.
(7) Notwithstanding any other provision of this section to the contrary,
regulated storage tanks, including all appurtenances thereto, are
prohibited in any floodplain area.
(8) Regulated storage tanks are permitted only as provided in this section and only as accessory uses to the following principal uses: E-9, Service Station; and the G category uses as set forth in Article
VI of this chapter.
(9) All distances under this section shall be measured as follows:
(a)
For watercourses, from the nearest location of the edge of the
regulated storage tank and any appurtenance thereto to the nearest
defined feature of the watercourse.
(b)
For water facilities, from the nearest location of the edge
of the regulated storage tank and any appurtenance thereto to the
water facility or any part thereof.
(c)
For quarry, mineral extraction or uses conducting regular or
intermittent blasting activities, from the nearest location of the
edge of the regulated storage tank and any appurtenance thereto to
the nearest property line of the property conducting the use and/or
activity.
(10)
For purposes of this Subsection
J, the following words, phrases and definitions shall apply:
ABOVEGROUND STORAGE TANK
One or a combination of stationary tanks, including underground
pipes and dispensing systems connected thereto within the emergency
containment area, which is or was used to contain an accumulation
of hazardous substances; and the volume of which, including the volume
of piping within the storage tank facility, is greater than 90% above
the surface of the ground. The term includes tanks which can be visually
inspected, from the exterior, in an underground area.
UNDERGROUND STORAGE TANK
One or a combination of tanks (including underground pipes
connected thereto) which are used to contain an accumulation of hazardous
substances, and the volume of which (including the volume of underground
pipes connected thereto) is 10% or more beneath the surface of the
ground.
VAULT
A fully enclosed structure compliant with state regulations
for vaults which is designed specifically to contain an aboveground
storage tank.
K. H-11 Wind Energy System: A device, which includes a structure and
associated mechanism(s) and supporting components, which is installed
aboveground for the purpose of generating electrical energy, and may
include, but not be limited to, wind-driven turbines, and windmills.
[Amended 12-21-2011 by Ord. No. 144; 11-20-2012 by Ord. No. 146]
(1) Such use must be accessory to a principal use.
(2) Minimum lot area for erecting a wind energy system: two acres.
(3) The wind energy system shall be located no less than 100 feet (or
1.1 times the height of the device, whichever is greater) from any
property line, no less than 100 feet (or 1.1 times the height of the
device, whichever is greater) from overhead utility, radio, television
or telecommunication lines, if any, and no less than 100 feet (or
1.1 times the height of the device, whichever is greater) from a street
line (or other public right-of-way). A device may be located within
the front yard, provided that it is located to the side of the dwelling,
subject to receipt of prior approval of the Zoning Officer. The setback
distance shall be measured from the center of the wind energy system
base to the nearest point of such property line, overhead line or
street line.
(4) There shall be a maximum of one device on a single parcel, or multiple
(contiguous) parcels in same ownership.
(5) The maximum height of the wind energy system, including all moving
and rotating parts, shall be 100 feet, measured from the undisturbed
ground elevation at the base of the device to the highest point of
the arc of the blade, or to the top of the tower, whichever is greater.
If a wind energy system is attached to an existing structure, then
the maximum height of the attached wind energy system shall not exceed
100 feet, including the height of the existing structure.
(6) The minimum distance between the undisturbed ground at the base of
the device and any protruding blade shall be 15 feet, as measured
at the lowest point of arc of the blades.
(7) Guy wires associated with any wind energy system shall be located
not less than 10 feet from a front, side or rear property line and
shall be located not less than 10 feet from the dwelling located on
the lot on which the wind energy system is to be located and shall
be located not less than 10 feet from any street or other public right-of-way.
Visible, reflective, colored objects, such as flags, reflectors, or
tape, shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
(8) All ground-mounted electrical and control equipment shall be labeled
and secured, and equipped with an appropriate anti-climbing device
or other similar protective device, to prevent unauthorized access.
The tower shall not provide steps or a ladder readily accessible to
the public for a minimum height of eight feet above the ground surface.
(9) Operation of a wind energy system shall comply with performance standards of §
234-35 of this chapter. The owner of a wind energy system shall make reasonable efforts to minimize shadow flicker to any occupied building on another landowner's property.
(10)
No artificial lighting, unless required by the Federal Aviation
Administration or other applicable authority that regulates air safety,
signage, or any forms of advertising shall be utilized by or attached
to the wind energy system.
(11)
Design and location of a wind energy system shall consider,
to the greatest extent possible, the aesthetics of the surrounding
environment. In no case shall a wind energy system be attached to
a structure listed on the National Register of Historic Places or
the Pennsylvania Register of Historic Places.
(12)
A permit must be first obtained from the Zoning Officer to erect
a wind energy system, and such permit application must be filed along
with the required permit fees. As part of the permit application,
a plot plan of the parcel on which the wind energy system will be
located shall be submitted to the Township, which identifies property
lines, lot area, location of existing natural and man-made features,
location of the proposed wind energy system, ownership information
for adjoining properties, and setback measurements from property,
street and public right-of-way lines. The Township may require submission
of illustrations and photos depicting the color, size, shape, and
architectural features of the proposed device, and submission of color
photographs of the proposed tower location taken from view of all
adjoining properties and roads.
(13)
Wind energy systems shall be a neutral, nonobtrusive color,
such as white, off-white, gray, brown or other earth-tone shade, or
such other color as permitted by the Township, unless required by
the Federal Aviation Administration or other applicable authority
to be otherwise.
(14)
All utility lines, including electrical wires other than wires
necessary to connect the wind generator to the tower wiring, the tower
wiring to the disconnect junction box, and the grounding wires, must
be installed underground in accordance with the prevailing standards
of the servicing utility company.
(15)
Any wind energy system that is defective, has been abandoned,
or that is deemed to be unsafe by the Township Building Code Official
shall be required to be repaired by the owner, at the owner's expense,
to meet federal, state, and local safety standards, or be removed
by the property owner within six months of written notification from
the Township. If the owner fails to remove or repair the defective
or abandoned wind energy system, the Township may pursue a legal action
to have the wind energy system removed at the owner's expense.
(16)
A wind energy system, including tower, shall comply with all
applicable state construction and electrical codes and the National
Electrical Code. Prior to issuance of a building/zoning permit for
installation of the device, the applicant must submit to the Township
all documentation required by the Township Building Code Official
to verify that the design of the device complies with the Pennsylvania
Uniform Construction Code (UCC), including, but not limited to, documentation
of the structural integrity of the foundation, base, tower, and all
appurtenant structures; and electrical design. Design information
must be certified by a licensed professional engineer in the Commonwealth
of Pennsylvania.
L. H-12 Solar Energy System: Solar energy systems include any solar
collector or other solar energy device, or any structural design feature
whose primary purpose is to provide for the collection, storage, and
distribution of solar energy for space heating or cooling, for water
heating or for electricity generation primarily for the structure(s)
located on the property wherein the solar energy system is located.
Solar energy systems shall not be the primary use of the property.
Solar energy systems may be mounted on a building as a roof array
or on the ground. Solar energy systems may include solar panels which,
for purposes of this section, are structures containing one or more
receptive cells, the purpose of which is to convert solar energy into
usable energy by way of a solar energy system.
[Added 12-21-2011 by Ord.
No. 144]
(1) No person shall install, construct, place and/or replace a solar
energy system within Nockamixon Township without first applying for
and receiving the appropriate permit from the Township and paying
the requisite permit fee in full. No permit for such a solar energy
system shall be issued until the plans and specifications have been
approved by the Code Enforcement Officer and/or Township Engineer
in accordance with this chapter and all other requisite approvals
needed under the Township Code of Ordinances have been secured.
(2) The solar energy system shall conform to all applicable regulations
of the zoning district (including dimensional and impervious surface),
as set forth in applicable sections of the Township Code of Ordinances,
in which the solar energy system is installed if not otherwise specifically
set forth herein.
(3) No adjacent property owner shall be required to remove or cut any
plant, bush, crop, or tree, nor shall any solar energy system be located
so that any reflection is directed toward an adjoining property.
(4) Ground arrays. Solar panels shall be permitted as ground arrays in
accordance with the following:
(a)
Ground array solar panels not exceeding 20 feet in height shall
be set back a minimum of 50 feet from any property line or street
right-of-way line.
(b)
Ground array solar panels exceeding 20 feet but not more than
30 feet shall be set back a minimum of 75 feet from any property line
or street right-of-way line.
(c)
Ground array solar panels exceeding 30 feet in height are not
permitted.
(d)
Ground arrays shall be located and angled so that any reflection
is directed away or is properly buffered from an adjoining property
or street.
(e)
A site plan must be submitted to the Township in conjunction
with a permit application for a ground array system to verify that
dimensional requirements of this chapter are met. The plan shall include
the property boundary, all existing and proposed structures, the location
and size of the proposed ground array with proposed setback distances
indicated, screening/buffer plantings (if required), and any additional
information deemed necessary by the Township.
(5) Roof mounts. Roof-mounted solar panels, subject to the provisions
of this section, are permitted in accordance with the following:
(a)
Permitted roof-mounted solar panels shall include integrated
solar panels as the surface layer of the roof structure with no additional
apparent change in relief or projection (the preferred installation),
or separate flush-mounted solar panels attached to the roof surface.
[1]
Any roof-mounted solar panels that are not integrated and/or
separate flush-mounted shall comply with the following additional
requirements and restrictions:
[a] Such other roof-mounted solar panels shall be located
on a rear- or side-facing roof, as viewed from any adjacent street.
If panels are proposed to be mounted on a front-facing roof, the applicant
shall demonstrate to the satisfaction of the Township that the proposed
use of roof-mounted solar panels is the only effective or possible
means for utilizing solar energy on the property. Such information
shall be certified by a professional deemed qualified by the Board
of Supervisors and may be reviewed by any other Township professional
that the Board of Supervisors deems necessary.
[b] Such other roof-mounted solar panels shall not
exceed a height of three feet from the rooftop at any point. Solar
panels installed on a building or structure with a sloped roof shall
not project vertically above the peak of the roof to which they are
attached or project vertically more than three feet above a flat roof
installation.
(b)
No roof-mounted array shall exceed 35 feet in height, or the
maximum height requirement of the zoning district wherein it is located,
whichever is more restrictive.
(c)
All roof installations shall require a structural analysis of
the roof to certify the structural integrity of the roof for the proposed
installation, if deemed necessary by the Township Code Official.
(6) The installation of a solar energy system shall conform to the Pennsylvania
Uniform Construction Code, as amended, and to all other applicable
regulations and industry standards, including those of the American
National Standards Institute. Manufacturer's data and certificates
of design compliance shall be submitted with the permit application
and plan.
(7) All wiring shall comply with the applicable version of the National
Electrical Code (NEC), as amended. The local utility provider shall
be contacted by the owner of the subject property to determine grid
interconnection and net metering policies.
(8) Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
the property line, and there shall be no auxiliary illumination of
the system.
(9) The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening, and landscaping
that will blend the facility into the natural setting and existing
environment.
(10)
Mechanical equipment associated with and necessary for the operation
of the solar energy system shall be screened from any adjacent property
that is residentially zoned or used for residential purposes. The
screen shall consist of shrubbery, trees, or other plant materials
acceptable to the Township.
(11)
All solar energy system operators and owners must comply with
any and all federal, state, and local regulations pertaining to solar
energy and its collection for personal use.
(12)
If any of the requirements herein conflict with federal and/or
state requirements, then the federal and/or state requirements shall
govern, unless the requirements of this chapter are more stringent,
in which case this chapter shall govern.
(13)
All solar energy system contractors applying for permits must
submit proof of appropriate insurance in a manner, form and amount
acceptable to the Township and be a certified installer for the type
of system proposed.
M. H-13 Ground Source Heat Pump: Ground source heat pump systems (GSHP)
are grouped into two types: closed-loop and open-loop systems. The
closed-loop systems circulate a fluid through a subsurface loop of
pipe and then to the heat pump. Open-loop systems circulate groundwater
to the heat pump and then discharge it. Closed-loop systems are permitted
within Nockamixon Township with the appropriate permit. Open-loop
systems are not permitted in Nockamixon Township. GSHP shall be utilized
for heating and cooling needs of structures located on the property
wherein the system is located. GSHP shall not be the primary use of
the property.
[Added 12-21-2011 by Ord.
No. 144]
(1) No person shall: construct or install a GSHP; dig, bore, drill, replace,
modify, repair and/or destroy a well that is, is intended to be, or
was part of a GSHP; or make any other excavation that may intersect
groundwater without first applying for and obtaining the appropriate
permit from the Township and Bucks County Health Department and paying
the requisite permit fee in full. A permit is required for any GSHP
within Nockamixon Township. Only closed-loop systems are permitted
within Nockamixon Township. No open-loop system shall be permitted
within Nockamixon Township. Application for a permit for the drilling
of a well and/or the installation and/or construction of a GSHP shall
be made to the Township Code Enforcement Officer. No permit for such
a well and/or GSHP shall be issued until the plans and specifications
have been approved by the Code Enforcement Officer and/or Township
Engineer in accordance with this chapter and all other requisite approvals
needed under the Township Code of Ordinances have been secured. A
site plan shall be submitted with the application for a GSHP and shall
include the following:
(a)
Type of GSHP being proposed.
(b)
Type of piping and fluid proposed for the GSHP.
(c)
Type of grouting used for the GSHP.
(d)
Location of all existing and proposed water supply wells and
septic systems within 200 feet of the proposed GSHP.
(e)
Location of all other existing and proposed GSHPs and distances
to the buildings being served.
(f)
Statement of the method to protect curb, sidewalk, and driveway
during construction of the GSHP, as applicable.
(g)
Statement of the proposed method of entry and exit from the
site for drilling equipment and a plan to prevent soil/dirt from getting
onto Township roads and/or a plan to remove such soil/dirt.
(h)
Location of any surface water body, including wetland, watercourse,
or pond, within 100 feet of the proposed GSHP.
(i)
Location of all natural resources and other protected land within
25 feet of the proposed GSHP, including, but not limited to, required
open space, steep slopes, floodplains, woodlands and wetlands.
(2) GSHP systems shall be designed and constructed in accordance with
the International Ground Source Heat Pump Association (IGSHPA) Installation
Standards, as amended, and found at Section 6.3, References, of the
Ground Source Heat Pump Manual of the Pennsylvania Department of Environmental
Protection, as amended.
(3) The perimeter of the GSHP subsurface loops shall meet the following
minimum isolation requirements (unless more-restrictive isolation
distances are required by the Bucks County Health Department):
(a)
Fifty feet from any existing or proposed drinking water wells.
(b)
Fifty feet from any existing or proposed individual or community
on-lot sewage disposal system, including any primary or alternate
drainfield sites.
(c)
Twenty-five feet from property lines and rights-of-way.
(4) The subsurface loop of the GSHP system must comply with the following:
(a)
The subsurface loop piping must be made of polyethylene or a
similar substitute material consistent with IGSHPA standards. All
joints shall be sealed by heat fusion or IGSHPA certified process.
(b)
Only nontoxic fluid approved by the manufacturer, and consistent
with IGSHPA, shall be used within the GSHP.
(5) The installation specifications and drawings for the GSHP system
shall be submitted to and reviewed by the Code Enforcement Officer
and/or Township Engineer.
(6) GSHP well drilling shall only be undertaken by a Pennsylvania-licensed
well driller.
(7) Wells shall be grouted to protect against degradation or contamination
of the groundwater or intermingling of separate aquifers in accordance
with the procedures recommended by the IGSHPA and Bucks County Health
Department.
(8) Prior to activation of a GSHP system, the Pennsylvania-licensed well
driller and/or system installer shall provide to the Township:
(a)
An accurate written drilling record and a written geologic log.
(b)
An accurate record of the grouting used for each well.
(c)
As-built plans and related documentation for each system and
well location.
(d)
Written documentation of the GSHP system testing and certification.
(9) The depth of the tubing or heat transfer element must be at least
30 inches below the surface of the ground.
(10)
Ground source heat pump systems shall not encroach on public
drainage and/or stormwater, utility, roadway or trail easements.
(11)
The GSHP shall be properly maintained in accordance with manufacturer's
specifications, the installer's specifications, and any applicable
federal, state and local laws. The owner of the GSHP shall keep maintenance
records and provide copies to the Township, if requested. Additionally,
the Township shall be provided access to inspect the system for proper
operation and maintenance upon written notification to the property
owner.
N. H-14 Outdoor Solid-Fuel-Burning Appliance: Any person desiring to
install an outdoor solid-fuel-burning appliance within Nockamixon
Township shall be required to obtain the requisite permit from the
Township and shall pay the requisite fee. The permit application shall
be signed by all owners of the property on which the outdoor solid-fuel-burning
appliance will be located and the contractor installing the appliance.
No permit for such an outdoor solid-fuel-burning appliance shall be
issued until the plans and specifications have been approved by the
Code Enforcement Officer and/or Township Engineer in accordance with
this chapter and all other requisite approvals needed under the Township
Code of Ordinances have been secured as follows:
[Added 12-21-2011 by Ord.
No. 144]
(1) The requirements set forth in this section do not apply to the following:
(a)
Grilling or cooking using charcoal, wood, propane or natural
gas in cooking or grilling appliances; and/or
(b)
Burning in a stove, furnace, fireplace or other heating device
located within a building or structure used for human habitation.
(2) Fuel burned in any new or existing outdoor solid-fuel-burning appliance
shall only be clean wood, natural untreated wood, wood pellets from
clean wood, approved corn products, approved biomass pellets or other
fuels specifically permitted by the manufacturer's instructions.
(3) No person shall install an outdoor solid-fuel-burning appliance that
is not UL listed and an EPA OWHH Phase 2 or current program qualified
appliance.
(4) No outdoor solid-fuel-burning appliance shall be located less than
75 feet from any property line.
(5) No outdoor solid-fuel-burning appliance shall be located less than
200 feet from any occupied structure not located on the lot on which
the appliance will be located.
(6) The applicant shall provide documentation confirming that the manufacturer
certifies that the proposed chimney height is safe and appropriate
for the proposed use and location. The maximum height of the outdoor
solid-fuel-burning appliance stack or chimney shall not exceed the
maximum height requirement in the specific zoning district wherein
the appliance is located. For new outdoor solid-fuel-burning appliances,
no person shall install such an appliance unless it has a permanently
attached chimney with a minimum chimney height of 10 feet above the
ground.
(7) No person shall use or operate a new or existing appliance unless
it complies with all existing federal, state and local regulations,
as applicable, including, but not limited to, the following:
(a)
25 Pa. Code, Section 121.7, as amended — Prohibition of
Air Pollution.
(b)
25 Pa. Code, Section 123.1, as amended — Fugitive Emissions.
(c)
25 Pa. Code, Section 123.31, as amended — Odor Emissions.
(d)
25 Pa. Code, Section 123.41, as amended — Visible Emissions.
(e)
Section 8 of the APCA, 35 P.S. § 4008, as amended
— Unlawful Conduct.
(f)
Section 13 of the APCA, 35 P.S. § 4013, as amended
— Public Nuisances.
(8) All appliances shall be installed, operated, and maintained in strict
compliance with the manufacturer's instructions and guidelines for
the appliance. In the event that a conflict arises between the manufacturer's
instructions and regulations, and the regulations contained in this
chapter the stricter instructions and/or regulations shall apply.
(9) All ashes or waste may be disbursed on the property where the appliance
is located unless otherwise prohibited by law.
(10)
All appliances shall be used for the sole purpose of furnishing
heat and/or hot water to a dwelling or other structure, including
residential swimming pools, located on the property wherein the appliance
is located.
(11)
All outdoor solid-fuel-burning appliances shall be equipped
with properly functioning spark arrestors.
(12)
All outdoor solid-fuel-burning appliances must be equipped with
a properly functioning catalytic converter.
(13)
Installation of any electrical or plumbing apparatus or device
used in connection with the operation of an appliance shall be in
conformity with all applicable electrical and plumbing codes and,
in the absence of such code, in conformity with the manufacturer's
installation specifications.
(14)
Standards for installation of an appliance shall also require
the outdoor solid-fuel-burning appliance to be installed upon a nominal
six-inch-thick, permanent, reinforced concrete pad in such dimension
so as to allow a minimum of six inches of exposed surface area along
the perimeter of the pad, or in accordance with the manufacturer's
specifications, whichever is greater.
(15)
All stacks or chimneys must be constructed to withstand high
winds or other related elements, pursuant to applicable building codes.
(16)
Any outdoor solid-fuel-burning appliance in existence on the
effective date of this amendment shall be permitted to remain, provided
that the owner complies with the regulations provided for in this
chapter with respect to permitted fuel, emissions, safe operation,
and/or modifications.
(17)
The outdoor solid-fuel-burning appliance shall be properly maintained
in accordance with the manufacturer's specifications, the installer's
specifications, and any applicable federal, state and local laws.
The owner of the outdoor solid-fuel-burning appliance shall keep maintenance
records and provide copies to the Township, if requested. Additionally,
the Township shall be provided access to inspect the system for proper
operation and maintenance upon written notification to the property
owner.
(18)
If an outdoor solid-fuel-burning appliance is replaced or upgraded,
a permit shall be required pursuant to this chapter and shall comply
with all sections of this chapter.
(19)
If an outdoor solid-fuel-burning appliance remains nonfunctional
or inoperative for a continuous period of 12 months, the system shall
be deemed to be abandoned and constitute a public nuisance and shall
thereafter be removed by the property owner. This section shall not
apply to unoccupied properties (such as those for sale) where the
system is properly maintained. The alternative energy system owner,
at his/her sole expense, shall complete decommissioning of the system
within six months after the end of the useful life of the system,
or within six months of damage which prevents the system from operating
in a safe manner at full capacity or according to industry standards.
The owner shall remove the abandoned and/or decommissioned system
after a demolition or other requisite permit has been obtained from
the Township. Removal includes the entire structure, including foundations
to below natural grade, external mechanical equipment and transmission
equipment.
(20)
A site plan shall be submitted with the application for an outdoor
solid-wood-burning appliance, including the following: the location
of the lot, building(s), and proposed alternative energy system in
relation to each public right-of-way, building, property line, neighboring
properties and buildings, and driveways. It shall also identify the
lot area, location of existing natural and man-made features, ownership
information for adjoining properties, setback measurements from property
and street lines, and any additional information deemed necessary
by the Township.
O. H-15 Wellhead Compressor:
[Added 2-19-2015 by Ord.
No. 157]
(1) Conditional use approval for wellhead compressors may be considered
at the same time as conditional use approval for G-19 Recovery of
Subsurface Oil and Gas Deposits.
(2) A wellhead compressor may not service more than one wellpad but may
service multiple wells on one wellpad.
(3) As an accessory use to recovery of subsurface oil and gas deposits (Use G-19), wellhead compressors are subject to §
234-23S.
[Amended 11-9-1994 by Ord. No. 79; 5-11-1999 by Ord. No. 97; 12-16-2009 by Ord. No. 139]
A Table of Use Regulations is attached hereto and incorporated
herein as Attachment A to the Zoning Ordinance.