A map entitled the “Township of Kilbuck
Zoning Map” is hereby adopted as part of this chapter. The Zoning
Map shall be kept on file and be available for examination at the
Township offices.
For the purpose of applying the provisions of
this chapter, the Township of Kilbuck, County of Allegheny, Commonwealth
of Pennsylvania, is hereby divided into the following zoning districts:
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R-1
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Single-Family Residential
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R-2
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General Residential
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R-3
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Multifamily Residential
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C-1
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General Commercial
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SUD
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Special Use District
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PK
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Park and Open Space
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CON
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Conservation
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In addition to the zoning districts, this chapter
establishes an Overlay District. The Overlay District includes:
A.
District boundaries that are shown between the lines
of streets, streams, and transportation rights-of-way shall be deemed
to follow the center line. The vacation of streets shall not affect
the locations of such district boundaries. When the Zoning Officer
cannot definitely determine the location of a district boundary by
such center lines, by the scale or dimensions stated on the Zoning
Map, or by the fact that it clearly coincides with a property line,
he shall refuse action, and the ZHB, upon appeal, shall interpret
the location of the district boundary with reference to the scale
of the Zoning Map and the purpose set forth in all relevant provisions
of this chapter.
B.
When a district boundary line divides a lot held in
single or separate ownership at the effective date of this chapter:
a) where the lot is large enough to be subdivided into two or more
lots, each within a single zoning district, no zoning approval will
be given for any authorized use which would utilize any portion of
the lot other than that portion of the lot in which the principal
use is located; further development will require a subdivision; or
b) the permitted use on the lot is limited to those uses permitted
in the zoning district in which the largest part of the lot is located,
and the smaller part of the lot located in another zoning district
will be subject to the zoning ordinance provisions where the largest
portion of the lot is located.
C.
If this section creates an undue hardship, the Zoning
Hearing Board has jurisdiction to grant such relief as the Board deems
necessary.
All approved changes to zoning districts shall
be promptly recorded on the Zoning Map by the Zoning Officer.
A.
The permitted uses and special exceptions for each
district are shown in the Table of Permitted Uses and Special Exceptions.[1] Special exceptions may be granted or denied by the ZHB
in accordance with the express standards and criteria of this chapter.
In granting a special exception, the ZHB may attach reasonable conditions
and safeguards as it may deem necessary to implement the purpose of
this chapter and protect the neighborhood.
[1]
Editor's Note: The Table of Permitted Uses
and Special Exceptions is included at the end of this chapter.
B.
Uses in each category shall be according to the common meaning of the term or according to definitions set forth in Article II. Only one principal use per lot in any district will be allowed.
C.
Where a use is proposed, which is similar in nature
and intent to those already listed in a zoning district, but not actually
listed therein, the Zoning Officer shall refer the request to the
ZHB. The ZHB shall review the request and shall approve or deny the
request based upon:
D.
Medical marijuana dispensary buffer distance. A medical marijuana
dispensary may not be located within 1,000 feet of the property line
of a public, private or parochial school or a day-care center.
[Added 12-20-2016 by Ord.
No. O-16-02]
No building or land shall be used or occupied
and no building or part shall be erected, moved or altered unless
in conformity with the regulations specified for the district in which
it is located.
No building shall be erected or altered to exceed
the height; to exceed the number of stories; to accommodate a greater
number of families; to occupy a greater percentage of lot area; or
to have a narrower or smaller rear yard, front yard, or side yards
than are specified for the district in which such building is located.
The minimum lot area, minimum lot area per family,
maximum lot coverage by buildings and structures, minimum depth of
front yard, minimum depth of rear yard, side yard requirements, maximum
height of structures and number of stories for each district shall
be as specified in the Table of Lot, Yard and Height Requirements.[1]
[1]
Editor's Note: The Table of Lot, Yard and
Height Requirements is included at the end of this chapter.
Applications for special exceptions shall be
made to the Zoning Officer. Special exceptions are to be allowed or
denied by the ZHB. Procedures shall follow those specified in this
chapter and the Planning Code.[1] The purpose of the special exception category is to provide
flexibility within specific zoning districts. However, it is not the
intent of this chapter to allow such uses automatically. The chief
criteria or standard that any special exception must meet is the effect
such a use would have on its immediate surroundings. If such an effect
is adverse due to potential noise, traffic congestion, pedestrian
traffic, hours of operation, safety or general environmental degradation
then, regardless of the fact such a proposed use may meet other criteria
as listed in this chapter, it shall be denied. In each case for a
special exception, the ZHB may insure the integrity of the neighborhood.
The following standards are designed to apply to uses only when they
are a special exception:
A.
Home occupations and professional offices.
(1)
Official residence shall be maintained by the occupant
who may be an owner, renter or a lessee.
(2)
The accessory use shall be located in a principal
dwelling building.
(3)
The accessory use shall not occupy more than 40% of
the ground floor area of the principal dwelling building.
(4)
There shall not be an animal hospital or animal clinic
in connection therewith.
(5)
There shall not be more than one nonresident employed
on the premises.
(6)
There shall be a minimum of five off-street parking
spaces for professional offices. There shall be a minimum of three
off-street parking spaces for home occupations.
(7)
The use of an accessory building including private
automobile garage shall be limited to the total ground floor area
of the accessory structure at the time of the adoption of this chapter.
B.
Conversion apartments.
(1)
Each living unit provides a minimum of not less than
500 square feet of habitable living area.
(2)
Each living unit contains not less than one bathroom
and three habitable rooms, at least one of which shall be a bedroom.
(3)
Separate and private sanitary facilities, cooking
and dining accommodations are provided for each living unit.
(4)
Fire and safety provisions are certified to be adequate
by the Fire Marshal.
(5)
Minimum of two off-street parking spaces are provided
for each residential unit.
C.
Institutional homes, clinics, medical and dental offices
and funeral homes:
(1)
Public water, sanitary sewer and storm sewer facilities
are required.
(2)
The lot contains a minimum frontage of 90 feet and
an area of 15,000 square feet.
(3)
The architecture of the structure is in keeping with
the general residential character of the neighborhood.
(4)
There shall be a minimum of one parking space for
each employee and one parking space for every two beds in a nursing
home.
(5)
There shall be a minimum of seven parking spaces in
addition to the two required for the owner or operator of each medical
and dental office. Parking requirements for clinics shall be determined
by the Planning Commission.
(6)
There shall be a minimum of 20 parking spaces in addition
to the three required for the owner or operator of the funeral home.
(7)
The illumination of parking areas and buildings and
the display of signs is placed in a manner minimizing the disturbance
of the general character of the neighborhood.
D.
Mobile home parks.
(1)
Public water, sanitary sewer and stormwater facilities
are required.
(2)
No mobile home park may be less than three acres in
size.
(4)
Off-street parking space shall be provided at the
rate of at least two car spaces for each mobile home lot plus an additional
car space for each four lots to provide for guest parking, for multi-car
tenants, and for delivery and service vehicles.
(5)
Pavement widths.
(a)
All entrances, streets and other collector streets
with guest parking both sides: 36 foot minimum.
(b)
Collector street with no parking: 22 foot minimum
(c)
Local or cul-de-sac street with no parking:
20 foot minimum.
(d)
One-way local street with no parking acceptable
only if less than 500 feet total length and serving less than 25 mobile
home stands: 11 foot minimum.
(6)
Mobile home parks shall provide a six-foot screen
planting of trees, evergreens or hedges or shrubs two feet wide on
the side and rear property lines.
(7)
In addition to meeting the above requirements and
conforming to other laws of the Township, county or state, including
Pennsylvania Department of Health Regulations for Mobile Home Parks,
mobile home parks shall also conform to the requirements set forth
in sections or chapters of Minimum Property Standards for Mobile Home
Courts of the Federal Housing Administration; where provisions of
such regulations conflict with those of the existing Township, county
or state, the most restrictive or those imposing the higher standards
shall govern.
E.
Outdoor recreation and commercial uses. Such uses
shall neither be less than 100 feet from a residential district, church
or school, nor designated or related thereto as to interfere with
peaceful enjoyment of such properties by reason of lights, noise,
or other physical factors.
F.
Junkyards.
(1)
The site is completely enclosed by a sight-obscuring
screen, masonry wall, wooden fence, compact evergreen hedge, or chain-link
fence with evergreen vines at least eight feet in height.
(2)
The site must contain a combined entrance and exit
not less than 30 feet in width or a separate entrance and exit not
less than 15 feet in width each.
(3)
Storage is limited to nonorganic material.
(4)
The site is located a minimum of 200 feet from any
adjoining district.
(5)
The site is located a minimum of 100 feet from any
highway, Township road or street or access road.
(6)
Off-street parking is provided within the site enclosure.
(7)
On-site burning or incineration of vehicles is prohibited.
G.
Sexually oriented business.
(1)
Operator must obtain, and have approved, a permit
to operate a sexually oriented business.
(2)
Sexually oriented businesses shall not be located
closer than 1,000 feet to a church, public or private preelementary,
elementary or secondary school, a public library, a child-care facility
or nursery school, or a public park adjacent to any residential district.
(3)
No sexually oriented business shall be located closer
than 5,000 feet to another sexually oriented business.
(4)
For the purposes of this chapter, all measurements
shall be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as a part of the premises where a sexually oriented business
is conducted, to the nearest property line of the premises of a church,
public or private preelementary, elementary, or secondary school,
public library, child-care facility, nursery school, another sexually
oriented business, or the nearest boundary of an affected park.
H.
Billboards.
[Added 8-28-2012 by Ord.
No. O-12-03]
(1)
A billboard may have up to two signs faces per structure.
(3)
No billboard shall be located within 200 feet from a dwelling in
a residentially zoned area or within 500 feet of another billboard.
(4)
The maximum size of a billboard is 300 square feet per sign face.
(5)
No portion of a billboard sign or structure shall extend more than
40 feet above grade where installed or above the curb of the roadway
from which it is intended to be viewed, whichever is less.
(6)
A billboard with illumination of any kind shall cast no glare upon
adjoining residentially zoned property and shall not exceed 1.5 footcandles
at the adjoining residentially zoned property.
(7)
No billboard shall be illuminated between 12:00 midnight and 5:00
a.m. prevailing time.
(8)
A maximum of one billboard per lot is permitted.
(9)
No billboard structure or sign face shall be located so as to cause
a traffic hazard by obstructing visibility of motorists and pedestrians,
or by obscuring a traffic signal, sign or other traffic control device,
or by obstructing the view of an existing sign from the public right-of-way.
(10)
No animated sign face or structure and no illumination by a
flashing, pulsating or intermittent source shall be permitted.
(11)
The entire base of the billboard structure parallel to the sign
face shall be permanently landscaped with shrubbery and/or bushes
to a minimum height of three feet placed so as to screen the foundation
of the structure.
(12)
Electronic variable messaging billboards, meaning an electrically
or electronically activated billboard in which the messaged content
whether in whole or in part may be changed by means of electronic
programming, shall not be permitted to change copy, text or background
images, including fading in or out and changing color, more than once
every five minutes, with the exception of time and temperature.
I.
Gas and oil wells.
[Added 7-28-2015 by Ord.
No. O-15-03]
(1)
The applicant shall show the proposed routes of all trucks to be
utilized for hauling to and from the gas and oil well site and the
estimated weights of those trucks. The applicant shall show evidence
of compliance with designated weight limits on Township streets, unless
bond and an excess maintenance agreement to assure road damage repair
is provided, and shall design the hauling routes to minimize the use
of an impact upon Township streets wherever feasible.
(a)
The applicant shall also show evidence satisfactory to the Township
Engineer that intersections along proposed hauling routes provide
a sufficient turning radius for trucks to be utilized for hauling,
such that all turns can be safely made without damage to vehicles,
sidewalks or curbs.
(2)
The applicant or operator shall post a bond or other financial security
in favor of the Township and in a form acceptable to the Township
prior to beginning operations to guarantee maintenance and repair
during construction/drilling/fracturing and post-operation restoration
of Township streets which may be determined in the reasonable opinion
of the Township Engineer to be damaged as a result of traffic generated
by gas and oil well use generated traffic. In addition, if the Township
Engineer concludes that gas and oil well generated traffic will cause
substantial damage to a Township road, then the applicant must, before
operations begin, enter into an agreement with the Township undertaking
the responsibility to repair the road to the extent determined in
the reasonable discretion of the Township Engineer, which agreement
may provide for bond to be posted in excess of otherwise applicable
PennDOT limits when the Township Engineer has reasonably estimated
that the cost of repair will exceed the PennDOT limits.
(a)
In addition, should the Township Engineer reasonably determine
that preventive measures, such as shoring of bridges or putting protective
mats over utility lines, should be taken to prevent damage to Township
roads, bridges or utilities, then the applicant shall install such
protective measures as directed by the Township Engineer, prior to
beginning operations.
(3)
Prior to the commencement of oil or gas well drilling activities,
no construction activities involving excavation of, alteration to
or repair work on any access road to an oil or gas well site, shall
be performed during the hours of 9:00 p.m. to 6:00 a.m.
(4)
The Township recognizes and acknowledges that oil and gas use is
accompanied by inherent noise. The regulations in this section are
intended and shall be interpreted and applied to establish a process
for reasonable noise control, that provides for response to individual
complaints, and requires that undue noise be addressed, where feasible,
without the Township dictating the particular operational steps that
must be taken. The operator shall take the following steps to minimize,
to the extent practicable, the noise resulting from the oil and gas
well use:
(a)
Prior to drilling of an oil and gas well, the operator shall
establish a continuous seventy-two-hour ambient noise level at the
nearest protected structure property line or 100 feet from the nearest
protected structure (as measured to the closest exterior point of
the building), whichever is closer to the protected structure or,
alternatively, and in lieu of establishing the above seventy-two-hour
ambient noise level, the operator may assume and use, for the purposes
of compliance with this chapter, a default ambient noise level of
55 dBA. The sound level meter used in conducting any evaluation shall
meet the American National Standard Institute's standard for sound
meters or an instrument and the associated recording and analyzing
equipment which will provide equivalent data.
[1]
For the purposes of this § 215-16I, a "protected structure" shall be any occupied residence, commercial business, school or church located within 1,000 feet of the surface location of an oil or gas well that may be impacted by noise generated from drilling or hydraulic fracturing activity at an oil or gas well, excluding any structure owned by an oil and gas lessor who has signed a lease with the operator granting surface drilling rights to drill the subject well or whose owner (or occupants) have signed a waiver relieving the operator from implementation of the measures established in § 215-16I(4) of this chapter for the owner's or occupant's benefit.
(b)
The operator shall provide documentation of any established,
seventy-two-hour evaluation, relied upon to establish an ambient noise
level greater than 55 dBA, to the Township's Zoning Officer within
three business days of such a request from the Zoning Officer.
(c)
Noise level monitoring.
[1]
The noise generated during drilling and hydraulic fracturing
activities when measured at the nearest protected structure property
line or 100 feet from the nearest protected structure (as measured
to the closest exterior point of the building), whichever is closer
to the protected structure, shall not exceed the average ambient noise
level (as determined by the seventy-two-hour evaluation) or default
level, whichever is higher:
[2]
The operator shall inform the Township of which level (average
ambient noise level or default level) is being used.
[3]
The operator shall provide for ongoing regular noise level monitoring
at a station to be located at or near the nearest protected structure
property line or 100 feet from the nearest protected structure (as
measured to the closest exterior point of the building), whichever
is closer to the protected structure. The noise monitoring data acquired
at this station shall be made available to the Township upon request.
(d)
Adjustments to the foregoing noise limits may be permitted in
accordance with the following:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
|
|---|---|
|
5
|
15
|
|
10
|
5
|
|
15
|
1
|
|
20
|
1
|
|
*Cumulative minutes during any one hour.
|
(e)
If a complaint is received by the Township from any person,
whether a resident or otherwise using the protected structure for
any lawful purpose, within 1,000 feet from the wellhead or equipment
generating noise during drilling or hydraulic fracturing activities,
the operator shall, within 24 hours of receipt of the complaint from
the Township, continuously monitor for a forty-eight-hour period at
a point which is the closer the complainant's building of:
(f)
Once the monitoring is complete, operator will provide the monitoring
data to the Township within two business days and will meet with Township
representatives and affected property owners and will within one week
of the meeting submit a noise abatement plan to effectively mitigate
any noise exceeding the permitted levels. In determining the noise
mitigation measures to be employed, the Township may, at the expense
of the Operator, utilize the services of a consultant with expertise
in noise measurement, noise abatement and gas and oil well drilling
and operation.
(g)
Exhaust from any internal combustion engine or compressor used
in connection with the drilling of any well or for use on any production
equipment or used in development shall not be discharged into the
open air unless it is equipped with (i) an exhaust muffler or (ii)
an exhaust box. The exhaust muffler or exhaust box shall be constructed
of noncombustible materials designed and installed to suppress noise
and disruptive vibrations. Moreover, all such equipment with an exhaust
muffler or exhaust box shall be maintained in good operating condition
according to manufacturer's specifications.
(h)
All workover operations shall be restricted to the hours of
6:00 a.m. to 9:00 p.m., except as necessary, as reasonably determined
by the operator. "Workover operations" shall mean work performed in
a well after its completion in an effort to secure production where
there has been none, restore production that has ceased, or increase
production.
(i)
In cases where noise has exceeded permitted levels and it is
economically feasible for gas and oil well drilling rigs to be outfitted
with acoustic barrier insulation blankets, such barriers shall be
installed in accordance with best management practices in the industry;
provided, however, that no such acoustic barrier shall be required
where its use would be contrary to a preempted applicable state or
federal regulations, or where its use would create a safety hazard
in the opinion of the Township Engineer or of any regulatory agency
with jurisdiction.
(j)
Section 215-16I(4), (7) and (8) shall not apply to conventional oil and gas well drilling and completion activities; i.e., those wells drilled to depths shallower than the base of the Elk Sandstone or its stratigraphic equivalent, or to such oil and gas wells that are planned to involve drilling of a single well on a well site for no more than seven consecutive days or seven days total in any twelve-month period, measured commencing within the first day of drilling.
(k)
In order for the Township to appropriately enforce the conditions
imposed by this chapter, to make certain that the health, safety and
welfare of its citizens are met and to determine if the use remains
compatible with various zoning districts in the Township, if the operator
engages in any noise testing as required by this chapter, it will
provide the final results to the Township within 10 business days
of the operator's receipt of those final results.
(5)
Notwithstanding any other provision in this chapter, provide sufficient
parking to allow all vehicles associated with the gas and oil well
operation to be parked off-street. Parking areas within 200 feet of
an occupied building not associated with the gas and oil well operation
shall provide a slag or stone or other surface designed to minimize
dust or, alternatively, dust reduction measures such as water sprinkling
whenever necessary.
(6)
Operator shall take all necessary steps to ensure that public roads
remain free of dirt, mud or debris resulting from gas and oil well
traffic or activities, including road sweeping and tire washing if
needed. Where traffic generated by the gas and oil well is heavy in
the proximity of school bus stops, the operator will provide flagmen
to ensure the safety of children waiting for or leaving school buses.
(7)
The operator shall, prior to drilling and once per year thereafter,
provide an opportunity for Township emergency services providers to
arrange visits to the well site for the purpose of being oriented
to the location, equipment, materials used at and layout of the site.
Such orientation visits shall be mutually arranged between the operator
and the chief officer of any given emergency provider service.
(a)
The operator shall provide appropriate maps, material data safety
sheets, and emergency plan documents to such chief officers and to
the Township Secretary, including a copy of a preparedness, prevention
and contingency plan (PPC), as defined by the Pennsylvania Department
of Environmental Protection.
(b)
The operator shall provide 24/7 emergency contact information,
including a supervisor's name and a toll-free phone number, to
all Township emergency service providers and to the Township Secretary,
as well as on signage at the well site.
(8)
The operator shall:
(a)
Install both temporary safety and security fencing at least
six feet high around water impoundments, drilling, fracturing and
hydraulic equipment and install permanent fall protection fencing
meeting OSHA requirements around any permanent pit for impoundment
of liquid at a depth greater than two feet.
(b)
Install warning signs at the well site; and
(c)
Provide at least one on-site security guard 24/7 when a drilling
rig or hydraulic fracturing equipment is on the well site.
(9)
Each application for a special exception use under this section shall
have attached thereto a site plan. The proposed site development plan
shall be a topographic plan, prepared by a professional engineer registered
in the Commonwealth of Pennsylvania, to a scale no greater than one
inch equals 200 feet, on a standard sheet size of 24 inches high by
36 inches wide, to include the following:
(a)
Title block giving name of development, property owner, developer,
North point, key location map, registration stamp, date and scale
on a standard sheet size of 24 inches high by 36 inches wide, with
index;
(b)
Property lines, Zoning Ordinance district boundary lines and
total acreage of parcel proposed for development;
(c)
All existing streets, rights-of-way, and easements related to
the development and any acreage leased in connection with the proposed
well;
(d)
Owners of adjacent properties, including the location of any
existing structures and driveway locations;
(e)
The location of relevant natural features on site, including,
but not limited to, streams or other natural watercourses and adjacent
areas which are subject to flooding, and significant stands of existing
trees;
(f)
The location of relevant natural features abutting properties
within 300 feet, including, but not limited to, streams or other natural
watercourses and adjacent areas which are subject to flooding, and
significant stands of existing trees;
(g)
The location of structures on abutting property within 300 feet
of common property lines and the location of any protected structures
and copies of any waivers from owners of such protected structures;
(h)
The location of all gas and oil well structures, facilities,
equipment or buildings, existing or proposed within 5,000 feet of
the well site;
(i)
The location of existing structures, buildings and accessory
uses on site;
(j)
The location of vehicle and equipment cleaning and tire cleaning
areas and a description of the proposed program for removing mud and
other well site generated debris from public streets;
(k)
The location of proposed access roads and proposed haul roads;
(l)
The location of stormwater and sediment controls or any water
impoundment facilities;
(m)
Plans for grading, revegetation, landscaping, buffer areas,
stormwater control and other restoration activities at well site;
(n)
The method of and place of disposal of any radioactive tailings;
(o)
An environmental impact statement, which shall include the following:
[1]
A description of existing conditions in the area and the land
use history of the property;
[2]
A description of the proposed gas and oil well operations, and
associated facilities;
[3]
An assessment of the proposed gas and oil well operations on
abutting, surrounding uses;
[4]
An historical record of previous gas and oil well operations
at the site; and
[5]
A description of existing conditions, including gas and oil
well facilities, structures, buildings or equipment.
(p)
A copy of any permit or permit application issued by or submitted
to the Pennsylvania Department of Environmental Protection;
(q)
The location, depth and profile of any proposed pipelines for
water, gas, oil or other substance;
(r)
A lighting plan, demonstrating maximum feasible reduction of
glare onto adjacent properties;
(s)
A plan for water usage and disposal, identifying the source
and amount of water to be used at or withdrawn from the well site,
the proposed method of transport, treatment and/or disposal of water,
including truck routes or pipeline routes, and the destination of
any water to be tested or disposed of. A daily inspection shall be
required for surface water transport lines;
(t)
The history of any notices of violations issued, for the five
years preceding the application, by the DEP or any municipality;
(u)
Such other information pertinent to the proposed gas and oil
well as may be requested by the Township Engineer or Zoning Officer;
(v)
A timetable for commencing and ending site preparation, drilling
activity, hydraulic fracturing activities, oil and gas production,
site restoration and well plugging.
(10)
During construction, the operator shall remove and dispose of
all uprooted trees, stumps, brush, rubbish, construction materials
and debris promptly in the interest of public safety.
(11)
No employees, subcontractors or other persons shall be housed
on the well site.
(12)
The operator shall operate and maintain a vapor recovery unit
or vapor destruction unit, or other available and feasible means to
eliminate vapors emitted from any condensate tanks at the well site.
(13)
During the time any pond or impoundment contains nonpotable
water or other liquids, such pond shall be fully covered with bird
netting.
(14)
No on-site burial or other disposal of drilling residuals or
hydraulic fracturing chemicals or residuals is permitted. A plan identifying
the means for disposal of cuttings, fracturing fluids, oil, toxic
materials, hazardous materials and other waste products and providing
for Township access to any waste manifest.
(15)
An odor control plan shall be provided to eliminate odors if
perceptible on nearby occupied properties during the drilling and
fracturing process. Upon complaint by the occupants of a nearby property
of odors generated at the well site, the operator will meet with the
Township and the complainant to establish a feasible and effective
way of controlling any such odors. The operator will reimburse the
Township for the cost of consultants or other investigation needed
to address odor complaints. For the purposes of this section, "nearby
properties" shall be properties located within 500 feet of the well
site.
(16)
Air containment emissions, particulate and otherwise, shall
be in compliance with all County Health Department, state and federal
regulations.
(17)
The applicant shall provide certification that a bond or other
security is held by the Pennsylvania Department of Environmental Protection
to ensure proper plugging when the well is classified as inactive
by the Pennsylvania Department of Environmental Protection.
(18)
Any material stored outside an enclosed structure in connection
with well drilling or operation shall be screened by opaque ornamental
fencing, walls or evergreen planting to minimize visibility of the
storage area from residentially occupied properties.
(19)
The application shall be accompanied by a nonrefundable application
fee of $2,500 or such other amount as may be set by resolution of
the Board of Commissioners.
J.
Natural gas compressor stations and natural gas processing plants.
[Added 7-28-2015 by Ord.
No. O-15-03]
(1)
Applicant shall, at its sole expense, provide site orientation and
associated training to Township emergency services to all Township
emergency services providers before operation begins and once per
year thereafter. An emergency preparedness plan shall be submitted,
prepared by an expert in emergency/hazardous materials response, which
plan shall be reasonably satisfactory to the Township Police Chief,
the Fire Chief of the fire company closest to the plant locations
and the Township Emergency Management Coordinator.
(2)
All proposed structures comprising the station or plant shall be
located at least 1,000 feet from a dwelling located on property zoned
R-1 or R-2.
(3)
The minimum site acreage is five acres.
(4)
Compressors shall be located within a completely enclosed building,
with doors, windows and other openings usually remaining closed to
reduce noise heard off site.
(5)
The design and color of structures and improvements shall be chosen
to be compatible with and blend in with the surrounding area. All
adjacent property zoned "residential" shall be screened by buffer
areas planted on the station or plant site so as to maximize year-round
vegetative screening, or utilizing existing natural vegetation to
achieve a visual screen. The minimum size of evergreen trees planted
in a buffer shall be eight feet and deciduous/shade trees shall be
at least a 2 1/2 inch caliper diameter at breast height. All
buffer areas shall be continuously maintained and dead plantings shall
be replaced.
(6)
No outdoor storage of materials or equipment is permitted.
(7)
The site shall be secured with gates, fencing and security personnel,
and security plans shall be provided to the Chief of Police designated
by the Township for review. Access to the site shall be limited to
posted times when security personnel are on duty.
(8)
The minimum distance between natural gas compressor stations shall
be one mile.
(9)
The station or plant may not be primarily powered by diesel, oil
or gasoline fueled generators.
(10)
The application shall include a site plan containing all of the information required for a site plan submitted for a gas and oil well use application under § 215-16I(9), herein, except that information pertaining to natural gas compressor stations and plants and related operations, structures or facilities shall be provided in lieu of information pertaining to gas and oil wells.
(11)
The application shall be accompanied by a nonrefundable application
fee of $2,500.
(12)
All permanent gathering and distribution lines shall be placed
at least three feet underground, with appropriate easements or rights-of-way
provided.
(13)
A lighting plan shall be submitted which prevents glare from
being directed to adjacent properties or to any property in a residentially
zoned district. Unless needed for operational safety and security,
exterior lighting shall be turned off between dusk and dawn.
(14)
The performance standards at § 215-38 shall all be met. It shall be a condition of special exception approval that the Township may, before or after the operation commences, require acoustical blankets, sound walls, mufflers or alternative methods to mitigate noise impact on residentially zoned property. The Township may retain a noise expert to assist in achieving such noise mitigation, the cost of which shall be paid by the applicant or operator.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Added 7-19-2005 by Ord.
No. OO-05-2]
No-impact home-based businesses, as defined in § 215-6 above, are permitted in residentially zoned areas of the Township.
