Township of Cross Creek, PA Express Standards and Criteria for Certain Permitted Uses, Conditional Uses and Uses by Special Exception

Adult businesses shall not be permitted in any zoning district other than the B-1 General Business District.

An adult business shall not be located within 1,000 feet of a church; public or private pre-elementary, elementary or secondary school; public library; day-care center or nursery school; or public park adjacent to any residential district measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above listed uses.

An adult business shall not be located within 1,000 feet of any other adult business measured in a straight line from the closest exterior wall of the building or structure in which each adult business is located.

No more than one adult business shall be located in the same building, structure or portion thereof, nor shall any adult business increase its floor area into any building, structure or portion thereof containing another adult business.

An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use when a church, public or private pre-elementary, elementary or secondary school, public library, day-care center or nursery school or public park is located within 1,000 feet, subsequent to the grant or renewal of the adult business permit. This provision applies only to the grant or renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.

Any adult business, other than an adult motel, that exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space, a film or video cassette or other video or image production or reproduction that depicts nudity or sexual conduct, as defined herein, shall comply with the following:

At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.

It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated in the application submitted to the Township as an area in which patrons will not be permitted.

No viewing room shall be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operators and any agent and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.

If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area and the viewing area shall not be accessible to the performers, nor shall the performers have easy access to the viewers present.

Liquor or intoxicating beverages shall not be sold on the premises for which the permit is sought.

The applicant shall agree to renew the certificate of occupancy annually in accordance with the requirements contained in § 320-118 of this chapter.

Agribusiness, subject to:

The minimum site required shall be 10 acres.

The agribusiness shall be supplementary to the principal use of the property for agriculture.

The operator of the agribusiness shall be a member of the family of the operator of the farm and shall be a resident of the farm.

The agribusiness shall be conducted from one or more accessory farm structures unless the nature of the activity is that it is usually performed outdoors.

The maximum floor area in all structures devoted to the agribusiness shall be 5,000 square feet.

Excluding seasonal workers, no more than five persons who are not residents on the farm shall be employed in the agribusiness.

If customers or clients routinely visit the agribusiness, a minimum of five parking spaces shall be provided adjacent to the farm structure in which the agribusiness is conducted. The parking spaces and driveway leading to them from the public street shall be improved with gravel, slag or other aggregate material.

Bed-and-breakfast, commercial recreation, low-impact on-site sales accessory to a farm and tourism shall not be considered agribusinesses and shall only be authorized in accordance with the express standards and criteria for those specific uses.

The annual income derived from the agribusiness shall not exceed the annual income derived from the agricultural operations on the farm.

Animal hospital, subject to:

In the B-1 District, the minimum lot area required for an animal hospital shall be 20,000 square feet. In the R-R District, the minimum lot area required for an animal hospital with an outdoor kennel or outdoor runs shall be two acres. In the R-R District, the minimum lot area for an animal hospital without an outdoor kennel or outdoor runs shall be one acre.

All outdoor kennels or runs shall be constructed for easy cleaning and shall be adequately secured by a fence with self-latching gate.

Outdoor kennels shall be located at least 200 feet from any property line adjoining any residential use or any R-R, R-1, R-2 or R-3 zoning classification and at least 50 feet from any other property line.

In the B-1 District, overnight boarding of animals, other than for medical supervision, shall be permitted, if the animals are housed overnight within a completely enclosed building.

Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 320-115 of this chapter.

Odors shall be controlled so as to comply with the performance standards of § 320-71 of this chapter.

Bed-and-breakfast, subject to:

The operator shall be a full-time resident of the dwelling in which the bed-and-breakfast is located.

No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.

The maximum length of stay for any guest shall be 14 days in a calendar year.

Evidence shall be submitted that the Pennsylvania Department of Environmental Protection (PA DEP) has approved the proposed system for sewage disposal as adequate for the proposed number of occupants.

In addition to the parking required for the dwelling, one parking space shall be required for each sleeping room offered to overnight guests.

One identification sign shall be permitted and such sign may either be attached to the wall of the dwelling or may be freestanding in the front yard, provided the surface area of any sign shall not exceed six square feet, the height of any freestanding sign shall not exceed four feet and the freestanding sign shall be located at least 15 feet from any property line.

The identification sign shall contain no information other than the following items:

The street address.

The name of the establishment.

The name of the proprietor.

A small logo or other decorative symbol.

Billboards, subject to:

All billboards shall be subject to the express standards and criteria contained in § 320-96 of this chapter.

Boarding stable; riding academy, subject to:

The minimum site shall be 10 acres.

If horses are pastured, a minimum of one acre per horse shall be provided. If horses are stabled and provided with grain, an adequate area for exercising horses shall be provided; however, no minimum acreage per horse shall be required.

All animals shall be properly sheltered and humanely kept.

All stables and other buildings in which animals are kept shall be located at least 200 feet from any existing occupied dwelling on adjacent property, other than the stable owner's dwelling.

The storage of manure shall be at least 200 feet from any existing dwelling on adjacent property.

The area of the property used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent properties.

If there is no occupied dwelling on the site of the boarding stable or riding academy, twenty-four-hour security and supervision shall be provided.

Car wash, subject to:

All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car washing facilities shall be under a roofed structure that has at least two walls.

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

Standing spaces shall be provided in accordance with the requirements specified in § 320-76 for drive-through facilities.

The facility shall be connected to public sanitary and storm sewers.

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

Cemetery, subject to:

A cemetery shall not be established on any parcel of property that is less than 10 acres.

A family plot shall be located on property that comprises at least 10 acres, however, there shall be no minimum lot area required for the family plot. The applicant shall submit a registered survey with the conditional use application indicating the boundaries of the family plot.

A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.

Except for family plots, a groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

Except for family plots, plans for ingress/egress to the site shall be referred to the Township Police Department for comments regarding public safety.

Parking for principal structures such as chapels or mausoleums shall be provided in accordance with the requirements for places of public assembly specified in Article XIII.

All maintenance equipment shall be properly stored in an enclosed building when not in use.

Burial sites or burial structures in cemeteries and family plots shall not be located within 100 feet of any property line adjoining residential use or zoning classification.

Church or school, subject to:

The minimum lot area required for a post-secondary school shall be 10 acres. The minimum lot area required for all other uses shall be one acre.

If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.

A dwelling (such as a manse or parsonage) may be located on the same lot with a church provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.

If the school includes dormitories, the dormitories shall be screened along any property line adjoining single-family use or an R-1, R-2 or R-3 zoning classification by buffer area "C", as defined by § 320-72A of this chapter.

Ingress and egress to and from police and fire stations shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.

Fire stations, police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.

All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by firefighting equipment.

All outside storage shall be screened from public view from streets and adjoining properties by a six-foot-high dense, compact evergreen hedge or opaque fence.

The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

Communications antenna mounted on an existing building or existing public utility storage or transmission structure, subject to:

Building-mounted antennas shall not be permitted on any single-family dwelling or two-family dwelling.

The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

Building-mounted antennas shall be permitted to exceed the height limitations of the district by no more than 20 feet. Antennas mounted on an existing public service corporation facility, storage or transmission tower shall not project more than 20 feet above the height of the tower.

Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.

Directional or panel antennas shall not exceed five feet in height or two feet in width.

Satellite and microwave dish antennas mounted on the roof of a building or on a self-supporting communications tower shall not exceed six feet in diameter.

Satellite and microwave dish antennas mounted on a monopole communications tower or existing public service corporation facility, storage or transmission structure shall not exceed two feet in diameter.

The applicant proposing a building-mounted antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's location.

Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet or equipment building shall be provided to the Township.

The placement of the equipment cabinet shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement.

Unless located within a secured building, the equipment cabinet shall be fenced by a ten-foot-high chain-link security fence with locking gate. If the equipment cabinet is visible from any public street or adjoining residential property, the equipment cabinet shall be screened by a minimum six-foot-high dense, compact evergreen hedge or opaque fence.

If vehicular access to the equipment cabinet is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided that has a minimum width of 20 feet and which shall be improved with a dust-free all-weather surface for its entire length.

At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet to facilitate periodic visits by maintenance workers.

Communications tower, subject to:

The applicant shall demonstrate that it is licensed or has made application to be licensed by the Federal Communications Commission (FCC) to operate a communications tower.

Any applicant proposing a new freestanding communications tower shall demonstrate that a good-faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower. A good-faith effort shall require that all owners within a one-fourth-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:

The proposed equipment would exceed the structural capacity of the existing building, communications tower or other structure and reinforcement of the existing building, tower or other structure cannot be accomplished at a reasonable cost.

The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that building, tower or other structure and the interference cannot be prevented at a reasonable cost.

Existing buildings, communications towers or other structures do not have adequate space or height to accommodate the proposed equipment.

Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels that exceed any adopted local, federal or state emission standards.

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

The base of the communications tower shall be set back from all property lines a minimum distance which represents 20% of the tower height measured from the base of the antenna support structure at grade to the highest point of the structure.

An antenna that is proposed to be mounted on an existing building or structure, other than an existing communications tower, shall not exceed the height of the building or structure by more than 20 feet.

The applicant shall submit certification from a structural engineer that the structural capacity of any existing building or structure on which an antenna is proposed to be mounted is adequate to withstand wind and other loads associated with the antenna's location.

In the case of a freestanding communications tower, the applicant shall submit evidence that the tower structure and its method of installation have been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.

The applicant shall demonstrate that the proposed antenna and any tower structure are safe and that surrounding areas will not be negatively affected by tower structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference.

All guy wires and guyed towers shall be clearly marked and fenced in compliance with Subsection K(10), below.

Unless the communications tower is located on a building, the tower structure or the entire property on which the tower structure is located shall be completely enclosed by a six-foot-high chain-link fence with self-latching gate to limit accessibility to the general public.

All tower structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.

All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.

No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

Tower structure's supporting antennas shall be painted or finished in accordance with FAA regulations in order to reduce visual impact.

If the communications tower is fully automated, adequate parking shall be provided for periodic visits by maintenance workers. If the commercial communications tower is not fully automated, one parking space shall be provided for each employee on peak shift.

No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA), PA Department of Aviation or the Federal Communications Commission (FCC).

Commercial recreation, subject to:

The minimum lot area required for outdoor recreation facilities shall be one acre. All indoor facilities shall meet the minimum lot area required for the zoning district in which the property is located.

The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The property shall be served by public water and public sewers.

Adequate sanitary facilities available to the public shall be provided.

Outdoor speakers shall not be permitted if there are dwellings within 500 feet of the property in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize impact on adjoining properties.

Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.

Any outdoor facility shall be completely enclosed by a fence that is at least six feet in height with one or more locking gates that shall remain secured when the facility is not in use.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations no later than 10:00 p.m.

Any use that includes eating or drinking facilities shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational use.

Comparable uses not specifically listed, subject to:

Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Board shall consider the following characteristics of the proposed use:

The number of employees;

The floor area of the building or gross area of the lot devoted to the proposed use;

The type of products, materials and equipment and/or processes involved in the proposed use;

The magnitude of walk-in trade; and

The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 320-71 of this chapter.

The proposed use shall comply with all applicable area and bulk regulations for the zoning district in which it is located.

The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.

If the proposed use is determined by the Zoning Hearing Board to be most nearly comparable to a permitted use or use by special exception, the Zoning Hearing Board shall review the proposed use as a use by special exception and shall act on the proposed development plan.

If the proposed use is determined by the Zoning Hearing Board to be most nearly comparable to a conditional use, the Zoning Hearing Board shall forward the application to the Board of Supervisors to conduct a public hearing and act on the development plan in accordance with the requirements of § 320-67A.

The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

Convenience commercial in the R-3 District, subject to:

The authorized uses shall be limited to one or more of the following:

Professional office.

Personal services.

Business services.

Ice cream shop or confectionery.

Restaurant; tearoom; delicatessen; bar or tavern.

Florist or gift shop.

Antique shop.

Food store.

Funeral home.

Laundromat.

Craftsman.

Craft or hobby shop.

The lot shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

The maximum gross floor area devoted to an individual commercial business shall be 10,000 square feet.

Off-street parking shall be provided in accordance with the requirements of Article XIII. All off-street parking located adjacent to a property in the R-1, R-2 or R-3 Districts shall be screened by buffer area "C" as defined by § 320-72A.

Crematorium, subject to:

The minimum site required shall be five acres.

The crematory shall not be located within 500 feet of any existing dwelling.

The use shall comply with the performance standards of § 320-71 of this chapter.

The use shall comply with all applicable regulations of the Commonwealth of Pennsylvania.

Day-care center or preschool facility, subject to:

The facility shall be registered with or licensed by the Commonwealth of Pennsylvania, if applicable.

Outdoor play areas shall be provided that shall have a minimum area of 65 square feet per child and that shall be secured by a four-foot-high fence with self-latching gate.

The general safety of the property proposed for a day-care center, nursery school or preschool facility shall meet the needs of small children.

Off-street parking shall be provided in accordance with the requirements of Article XIII of this chapter.

Family day-care home, subject to:

An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate. Such play area shall be screened from adjoining residential properties by a minimum four-foot-high opaque fence.

Outdoor play areas shall have a minimum area of 400 square feet.

A safe area shall be provided for dropping off and picking up children that does not obstruct the free flow of traffic on any public street.

The family day-care home shall be licensed by, or approved by, the Commonwealth of Pennsylvania, as required by the laws of the commonwealth, and continued compliance with the license or approval and all applicable laws of the commonwealth shall be maintained throughout the operation of the family day-care home.

All applicable criteria of § 320-69V governing home occupations shall be met.

Funeral home, subject to:

The minimum lot area shall be 100,000 square feet.

The site shall have frontage on and direct vehicular access to an arterial or collector street.

All off-street parking areas that adjoin an R-1, R-2 or R-3 zoning classification shall be screened by buffer area "C" as defined by § 320-72A of this chapter.

Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.

Garden apartments or townhouses in the R-3, subject to:

The minimum site required to construct garden apartments or townhouses shall be one acre.

The maximum dwelling unit density shall be 10 units per acre for townhouses and 12 units per acre for garden apartments.

All applicable area and bulk regulations of the R-3 District for the proposed dwellings shall apply.

All parking areas adjacent to property containing a single-family dwelling shall be screened by buffer area "C" as defined by § 320-72A.

All portions of the property not covered by buildings, driveways, parking and recreation facilities shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.

The design and orientation of the buildings on the property shall take into account compatibility with and visual impact on adjacent single-family residential properties.

On lots containing more than 24 dwelling units, indoor or outdoor recreational facilities appropriate to the needs of the residents shall be provided.

Golf course, golf or country club, subject to:

The minimum site required shall be 30 acres.

Clubhouses shall be located at least 200 feet from any property line adjoining property in an R-1, R-2 or R-3 District and at least 50 feet from all other property lines.

Where eating and/or drinking facilities are provided, off-street parking requirements of Article XIII for restaurants shall be met.

Where a swimming pool is provided, parking requirements for swimming pools shall apply in addition to the parking requirements for golf courses.

All off-street parking that adjoins any R-1, R-2 or R-3 District shall be screened by buffer area "C" as defined by § 320-72A of this chapter.

The clubhouse and any other outdoor recreation facility other than the golf course, such as a swimming pool or tennis courts, shall be screened by buffer area "B" as defined by § 320-72A of this chapter along all property lines that adjoin property in any R-1, R-2 or R-3 District.

Outdoor operations shall be discontinued between the hours of 11:00 p.m. and 6:00 a.m.

Group care facility; personal care boarding home; transitional dwelling, subject to:

The minimum area and bulk regulations for a group care facility, personal care boarding home or transitional dwelling shall be the same as those required for a principal use in the district in which the facility is located.

In the R-3 District, a group care facility or personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

No group care facility, personal care boarding home or transitional dwelling shall be located within 500 feet of another existing or proposed group care facility, personal care boarding home or transitional dwelling.

Adequate provisions shall be made for access by emergency medical and firefighting vehicles.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs.

Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

Home occupation, subject to:

The home occupation shall be carried on by a member of the family residing in the dwelling. No more than one person who is not a resident of the dwelling shall be employed in the dwelling.

In the R-2 and R-3 Districts, the home occupation shall be conducted entirely within the principal dwelling and shall not be conducted in any accessory structure. No more than 25% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.

In the R-R and R-1 Districts, the home occupation may be carried on in the principal dwelling or in an accessory structure, provided the gross floor area devoted to the home occupation shall not exceed 25% of the gross floor area of the principal dwelling.

Products shall be limited to handicrafts made by the residents produced on the site for sale off the premises. Such articles shall not be displayed on the premises, except that samples may be displayed for the purpose of accepting orders.

There shall be no display on the premises of merchandise for sale which has been produced off the premises; however, merchandise may be stored on the premises for delivery off the premises, such as Amway, Tupperware or similar products stored for distribution to customers or salespersons at their residence or place of business.

There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign no more than one square foot in surface area containing only the name of the resident and the nature of the home occupation. Such sign may be attached to the mailbox or to the wall of the dwelling.

The use shall not require internal or external alterations or construction features that are not customary to a dwelling or which change the fire rating of the structure.

Objectionable vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 320-71 of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the immediate area.

There shall be no use of materials or equipment except that of a similar power and type normally used in a residential dwelling for domestic or household purposes.

The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the immediate area.

In the R-2 and R-3 Districts, commercial vehicles in excess of 8,000 pounds GVW shall not be parked on the premises.

In the R-2 and R-3 Districts, there shall be no storage of materials or equipment used in the home occupation outside a completely enclosed building.

Any home occupation where customers, clients or students routinely visit the premises shall provide an off-street parking area with a dust-free, all-weather surface in accordance with the requirements of Article XIII for the specific use in addition to the spaces required for the dwelling.

The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

Artist, photographer or handicrafts studio;

Catering off the premises;

Contracting business, excluding on-site storage of equipment;

Computer programmer, data processor, writer;

Consultant, clergy, counselor, bookkeeping, drafting or graphics services;

Dressmaker, tailor;

Professional offices that involve routine visitation by customers or clients;

Housekeeping or custodial services;

Interior design;

Jewelry or watch repair, not including wholesale or retail sales;

Lawnmower or small engine repair in the R-R and R-1 Districts only;

Locksmith;

Mail order business;

Manufacturer's representative;

Repair of small household appliances that can be hand carried;

(p)

Telemarketing;

(q)

Travel agent;

(r)

Tutoring or any other instruction to no more than five students at a time;

(s)

Word processing, typing, secretarial services.

The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including, but not limited to:

Beauty shops and barbershops containing more than two chairs;

Blacksmith and metal working;

Boarding stable or riding academy;

Clinic, hospital or nursing home;

Funeral home;

Group care facility, personal care boarding home or transitional dwelling;

Kennel, veterinary clinic;

Private club;

Private instruction to more than five students at a time;

Restaurants, tea rooms;

Retail or wholesale sales;

Tanning, nail or massage salon;

Tourist or boarding home, other than bed-and-breakfast;

Vehicle or equipment rental, repair or sales;

Vehicle repair garages.

The acceptability of any proposed home occupation not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this § 320-69V and the applicable criteria for comparable uses not specifically listed in § 320-69M.

Hospital, clinic or nursing home, subject to:

The minimum lot area required for a hospital shall be five acres. The minimum lot area required for a clinic or nursing home shall be one acre.

The property shall be served by public water and public sewers.

All hospitals and nursing homes shall be licensed by the commonwealth.

Water pressure and volume shall be adequate for fire protection.

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

The parking and circulation plan shall be referred to the Township Police Department and volunteer fire company for comments regarding traffic safety and emergency access.

Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

All property lines adjoining residential use or zoning classification shall be screened by buffer area "C", as defined by § 320-72A of this chapter.

A private use helipad for air ambulance shall be permitted as part of a hospital, provided all of the following criteria are met:

Helipads shall be located at least 250 feet from any property line or public street.

Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.

Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation Bureau of Aviation shall be submitted.

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private use helipad.

The helicopter landing pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.

An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

Lighting shall be shielded away from adjacent properties and streets.

Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

Junkyard, subject to:

The minimum site required shall be 20 acres.

The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.

No garbage, hazardous materials or hazardous waste as defined by federal statute, or other organic waste shall be stored on the premises.

The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 320-115 of this chapter.

The manner of storage of junk or other materials or equipment on the site shall facilitate access for firefighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.

The junk or salvage yard operation shall comply with the performance standards of § 320-71 of this chapter.

No junk shall be stored or accumulated and no structure shall be located within 100 feet of any dwelling or within 40 feet of any property line or public street.

The premises shall be enclosed by a metal chain-link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subsection X(10), below.

The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

Buffer area "A," as defined by § 320-72A of this chapter, shall be provided along all property lines adjoining residential use or R-1, R-2 or R-3 zoning classification.

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

In January of each year, the operator shall apply to the Zoning Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and any required state permits.

Kennel, subject to:

In the R-R and R-1 Districts, kennels shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site area of five acres.

Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot, and at least 200 feet from any property line adjoining property in an R-R, R-1, R-2 or R-3 District.

Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence at least eight feet in height secured with self-latching gate and shall be screened by buffer area "C," as defined by § 320-72A of this chapter.

Landfill, subject to:

The minimum site required for a landfill shall be 200 acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The site shall not be located in the watershed of any high quality stream identified by the commonwealth.

The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public street.

A tire-washing station shall be located on the site to service trucks exiting the facility.

Bond.

Prior to beginning operations, the operator shall post a bond in favor of the Township and in a form acceptable to the Township Solicitor in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road.

Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads that have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township specifications for street construction.

Landfill operations shall not be conducted within 1,000 feet of any property lines adjoining residential use or zoning district classification.

All property lines adjoining residential use or R-1, R-2 or R-3 zoning district classification shall be screened by buffer area "A," as defined by § 320-72A of this chapter.

Fencing at least eight feet in height shall be provided around any work area for security and to control windblown refuse.

The applicant shall show compliance with all applicable federal and state laws regulating landfills.

The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency (EPA) prior to initiating any operation.

The required federal or state permits shall be maintained throughout the duration of all operations.

Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and shall result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this chapter or both.

AA.

Light manufacturing, subject to:

All activities shall comply with the performance standards specified in § 320-71 of this chapter.

Buffer area "C" shall be provided in accordance with the requirements of § 320-72A of this chapter along all property lines that adjoin residential use or R-1, R-2 or R-3 zoning classification.

The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

Adequate public utilities shall be available to meet the requirements of the proposed manufacturing processes.

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

BB.

Mini warehouse; self-storage buildings, subject to:

The minimum site area required shall be two acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.

All interior driveways shall be improved with an aggregate surface sufficient for the loads the driveways are expected to bear, and concrete aprons shall be provided at the unit entrances.

Parking shall be provided in accordance with the following:

Two spaces for manager's quarters, if any;

One space for each 25 storage units which spaces shall be located near the manager's quarters or office to be used by prospective customers;

One space for each 10 storage units equally distributed throughout the storage area to be used by the customers.

Buffer area "C" shall be provided in accordance with the requirements of § 320-72A of this chapter along all property lines that adjoin residential use or R-1, R-2 or R-3 zoning classification.

The perimeter of the site shall be fenced with a minimum eight-foot-high chain-link fence with self-latching gate. If an outside storage area is proposed, the fence around the outside storage area shall be supplemented with screening material that creates a visual barrier that is at least 80% opaque.

Maximum building height shall be 20 feet.

The maximum length of any storage building shall be 200 feet.

The minimum distance between storage buildings shall be 20 feet.

Maximum lot coverage by all buildings shall be 60%.

Office space may be provided which shall not exceed 5% of the total area devoted to storage.

Storage units shall not be equipped with water or sanitary sewer service.

No business activity other than rental of storage units shall be conducted on the premises.

Operations shall be regulated so that nuisances such as visual blight, glare, blowing debris or dust shall not be created.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

No advertising sign shall be placed on the buildings or on their rooftops.

(18)

Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings.

(19)

If public water is available, a minimum of one fire hydrant shall be provided on the site, subject to approval by the Township. The facility shall comply with the Township Fire Code.

CC.

Mineral extraction, subject to:

Removal of minerals encountered during the routine grading of a site for the purposes of an approved land development or for the construction of public improvements shall be excluded from these regulations and the requirement to obtain approval of a conditional use application, provided evidence is presented to the Township that all applicable requirements of the Pennsylvania Department of Environmental Protection (PA DEP) are met.

There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

Mineral removal shall be prohibited in watersheds or rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a wilderness trout stream, by the Pennsylvania Department of Environmental Protection (PA DEP) as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.[1]

Editor's Note: See 16 U.S.C. § 1271 et seq.

No mineral removal shall be conducted within 300 feet of any public building, school, church, community or institutional building, commercial building, public park or recreational area.

No mineral removal shall be conducted within 100 feet of the outside right-of-way line of any public street, except where access roads or haulage roads join the right-of-way line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.

No mineral removal shall be conducted that will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic sight.

No mineral removal shall be conducted within 100 feet of a cemetery.

No mineral removal shall be conducted within 300 feet of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for zoning approval.

The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:

Lawful existing or permitted use of adjacent properties.

The quality or adequacy of any public or private water supply source.

Any flood-prone or landslide-prone areas within the Township.

The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent structures or shall not substantially diminish underground water resources.

If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.

The applicant shall provide reclamation plans for the site that demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.

The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on state, county and Township roads and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Township.

The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations to guarantee restoration of Township streets that may be damaged during the mineral removal operations.

Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and federal permits, including proof of insurability, before initiating any work and shall maintain the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.

Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within six months of the date of approval of the conditional use application by the Board of Supervisors, unless the applicant submits a written request for an extension prior to the expiration of the six months after the date of approval.

(18)

Once work is initiated under an approved application for conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Board of Supervisors. An application for renewal of zoning approval shall be submitted prior to the expiration of zoning approval and shall be approved by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the conditional use and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation.

(19)

During the mineral removal operation, the Township Engineer may inspect the site at the request of the Board of Supervisors to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.

DD.

Mobile home park, subject to:

The application shall comply with all applicable requirements of Chapter 270, Subdivision and Land Development, governing mobile home parks.

The minimum site required for a mobile home park shall be 15 acres.

The site shall have frontage on and direct vehicular access to a street defined by this chapter as arterial or collector.

The site shall be served by public sewers or a community treatment system approved by the Pennsylvania Department of Environmental Protection (PA DEP).

The minimum mobile home lot shall be 3,000 square feet.

The minimum yard requirements for each mobile home lot shall be 25 feet for front yards, 20 feet for rear yards and 10 feet for side yards. Such yards shall be measured from the perimeter of the mobile home slab.

A minimum fifty-foot setback shall be provided around the entire perimeter of the mobile home park site.

Buffer area "B," as defined by § 370-72A of this chapter, shall be provided along all property lines adjoining property in an R-R, R-1, R-2 or R-3 District.

Every mobile home slab shall have access to a public or private street paved in accordance with the requirements of Chapter 270, Subdivision and Land Development.

Each mobile home lot shall provide two off-street parking spaces.

EE.

Oil and gas drilling, subject to:

Oil and gas drilling shall not be permitted on any property or portion of property that is an historic or archaeological site.

No drilling shall be permitted within 400 feet of any building or intensively used recreation facilities such as playing courts or fields, playgrounds and similar facilities.

No drilling shall be permitted within 300 feet of any stream, wetland or body of water.

No drilling shall be permitted within 300 feet of any wildlife refuge or propagation area.

No drilling shall be permitted within 200 feet of any trail, road or existing road or utility right-of-way.

Salt water shall be managed and disposed of in such a manner to prevent it from affecting or entering into any lake, stream, flood-control facility or water supply impoundment.

Oil and gas drilling sites, water storage facility, recycled water storage facility, temporary supervisor structures (permitted uses) and oil and gas processing or transfer site (conditional use) shall be considered subject to the following express standards and additional criteria where applicable:

[Added 8-9-2011 by Ord. No. 1-11[2]]

A buffer zone of 1/4 mile (1,320 feet) shall be maintained around all areas zoned R-3 Village Residential District and SC (Special Conservation) District excluding Cross Creek County Park. No surface oil and gas drilling, water storage facility, recycled water storage facility, temporary supervisor structures or oil and gas processing or transfer site shall be permitted within this buffer area. Underground horizontal drilling may take place within the buffer and the R-3 and SC Districts.

No oil and gas drilling within 1,000 feet of a protected structure and no oil and gas processing or transfer site within 2,000 feet of a protected structure unless waived by the structure owner.

The applicant or owner of the oil or gas well, processing or transfer site shall execute an excess maintenance agreement with the Township and post a bond in favor of the Township in a form acceptable to the Township prior to beginning any work on a drill site. The bond is to guarantee restoration of Township roads for damages as a result of hauling associated with the drilling operation.

The operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways. The operator is to meet with a Township official and develop a unique plan that addresses safety issues at the prospective site.

Driveways.

Driveways accessing the drill site shall be paved with an impervious material from the public street cartway 50 feet into the drill site. The impervious material shall be in place prior to the commencement of the drilling operation.

Compacted subgrade.

PADOT Class 4 geotextile fabric.

Eight inches AASHTO No. 2 crushed aggregate base course.

[d]

Two inches PADOT 2A aggregate (choke material).

[e]

Four inches (compacted) - Superpave 25 mm binder course.

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

Compacted subgrade.

Eight inches AASHTO No. 1 crushed aggregate base course.

Two inches PADOT 2A aggregate (choke material).

Proper and adequate stormwater runoff controls for driveways shall be installed to prevent concentration of runoff onto adjacent properties or public streets.

In accordance with OSHA, the Material Safety Data Sheet (MSDS) will be located at the drill site and available at all times. The local Fire Departments will be provided with appropriate training.

Prior to development, the operator shall provide to the Township's first responders, and to the Zoning/Code Officer a copy of its Preparedness, Prevention and Contingency (PPC) Plan. The owner or operator of an oil and gas development shall provide to the Township at least one week prior to drilling the first well at a well site:

The number of wells to be drilled during the next 12 months and a description of equipment and structures to be installed, to the extent known.

The 911 address of the well site, as determined by the Township or county for information of emergency responders.

A copy of the well location plat for each well planned on the well site that has been submitted to the Department as part of the application for an oil and gas drilling permit, and the drilling permit that has been issued by the Department.

[5]

The Preparedness, Prevention and Contingency ("PPC") Plan for the well site. Any updates to the PPC Plan shall be provided to the Township within 30 days of any such update.

Information and notice.

At least 10 days, but no more than 180 days, prior to commencing drilling in the Township, and, if requested by the Township, annually thereafter for so long as drilling is continuing or is planned within the Township, a public meeting shall be scheduled where a presentation shall be made to the Township's residents describing the planned development activities and allowing for questions from Township residents and business owners. The operator shall be responsible to advertise the meeting(s) in a newspaper of general circulation within or including the Township. The notice shall include the purpose of the meeting, and the date, time and location within the Township of the meeting.

Prior to drilling an oil or gas well or multiple oil or gas wells at a well site, the following information shall be provided to each resident whose nearest property line is located within 2,500 feet of the planned surface location of the well(s):

A copy of the well survey plat showing the location(s) of the planned well(s);

A general description of the planned operations at the planned well site and associated equipment used in the development of the well(s);

The contact information for the operator; and

[d]

Arrangements to hold a meeting with such residents to present plans for the well(s) and to allow for questions and answers. This meeting shall be held prior to drilling of the first well at a well site.

The access driveway off the public road to the drill site, processing facility or transfer site shall be gated at the entrance to prevent illegal access into the drill site. The drill site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency. Gates shall be at least 50 feet off of public road so as not to interfere with road traffic.

Any newly established private easements/roadways constructed on the parcel containing the well shall be located at least 25 feet from any property line unless consent is obtained from the adjoining property owner. Existing easements/roadways shall be exempt from the requirement to obtain consent from adjoining property owner; provided, however, that the Board of Supervisors may permit a permanent easement/roadway to be located closer than 25 feet from any property line upon showing by the applicant that the location of such easement/roadway cannot be constructed as required due to topographical or environmental constraints.

Lighting. No drill site, processing facility or transfer site lighting used for the drilling operation shall be positioned or directed in such a manner so that it shines directly upon public roads, adjacent property or property in the general vicinity of the drill site. To the maximum extent practicable and taking into account safety considerations, site lighting shall be directed downward and shielded so as to avoid glare on public roads and adjacent properties.

Dust, vibration, and odors. All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accordance with the best accepted practices incident to drilling for oil or gas in urban/suburban areas. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site to avoid injury to or annoyance of persons living in the vicinity.

Noise.

The following oil and gas development activities and associated equipment are not subject to these noise conditions: the normal and typical sounds resulting from heavy equipment performing well pad and other well site construction, truck traffic and similar sounds resulting from mobile or portable equipment properly equipped with mufflers or similar standard sound mitigation devices.

The only oil and gas development activities and equipment subject to noise conditions shall be drilling and hydraulic fracturing activities and equipment.

The following conditions shall establish all of the noise conditions applicable to oil and gas development. No other Township noise or sound provisions shall be applicable.

The following noise mitigation conditions and measures shall only be applicable and required where:

There are one or more of any of the following buildings — a residence, place of business, school, or similar routinely occupied structure located within 2,500 feet of the surface location of the well bore of an oil or gas well during drilling; and

The noise mitigation conditions and measures have not been waived, in writing, by the owners of all of the proximate inhabited buildings.

[5]

Noise mitigation conditions. The operator shall take the following steps to mitigate noise that may result from and during oil or gas well drilling or hydraulic fracturing:

Erect barriers around individual equipment that the operator has reasonably determined to be primary sources of noise and also apply mitigation measures to muffle the sound generated from releasing air pressure from the drill string during air drilling; or

Erect a noise wall or barrier around the perimeter of the drilling site on all sides facing a proximate inhabited building.

In addition to these mitigation measures, the operator shall complete two separate evaluations to determine if the noise level, as described below, is exceeded, within five calendar days of commencement of drilling and within five calendar days of commencement of hydraulic fracturing.

[d]

The two noise level evaluations shall be required for the initial well drilled at a well site, only. The evaluation shall be conducted by continuously monitoring the sound at the noise determination location(s) for 48 hours. The "noise determination location" shall be: a) the property line directly between the sound source (drilling rig or hydraulic fracturing equipment) and a proximate inhabited building; or b) 100 feet from the proximate inhabited building on a line directly to the sound source, whichever is closer to the proximate inhabited building.

[e]

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 capabilities.

[f]

The noise level at the noise determination location shall be the greater of:

[i]

55 dBA (during drilling) and 55 dBA (during hydraulic fracturing); or

[ii]

7 dBA (during drilling) and 10 dBA (during hydraulic fracturing) above the site-specific background sound level.

The site-specific background sound level would be determined by performing a continuous seventy-two-hour test at the noise determination location(s) and would be performed prior to drilling and such that the results are unaffected by any oil and gas development activities or equipment. The determination of a site-specific background sound level may or may not be performed at the discretion of the operator.

[6]

The noise level shall be determined to be exceeded if either or both noise level evaluations result in sound levels above the noise level for any duration, except that the noise level is not exceeded for short term increases of sound as set forth below:

Increase above Noise Level (dBA)	Duration of Increase (minutes)*
5	15
10	10
15	5
20	1

*	Cumulative minutes during any one hour.

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 10 business days of such a request from the Zoning Officer.

All drill site pads, water storage facilities, recycled water storage facilities and off-site fracture ponds shall be secured with a Township approved temporary fence. All transfer sites, processing facilities, shall be secured with a permanent fence with a secured gate as follows:

The fence shall be a minimum of six feet in height, chain link or seven strands of high tensile with electrification.

The fencing shall be in place throughout the drill operation including any associated ponds, both fresh and fracture.

The chain-link fence shall have a minimum thickness of 11 gauge.

Upon completion of drilling and hydraulic fracturing at any well site located within 1,000 feet of any occupied residential structure, place of business structure, school building, or similar routinely occupied structure, security fencing consisting of a permanent chain-link fence shall be installed to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the well site.

(p)

At the time of conditional use application, a survey of the site with all permanent facilities (tanks or other surface installations) with locations and distances to property lines shall be filed with the application. Upon completion, as-built/record drawings shall be filed with the Township and Fire Department.

(q)

All permanent facilities shall be painted (and kept in good repair) an earth-tone color to blend in with the surrounding area. The Township may require fencing and/or landscaping to buffer the facilities from adjacent properties.

(r)

After the operation is complete, the operator shall clean the site, complete all restoration activities in accordance with Section 206 of the Pennsylvania Oil and Gas Act.[3] Any damage to public property caused by such operations shall be repaired/restored within 60 days of completing the operation.

Editor's Note: Pennsylvania's Oil and Gas Act (Act 223) (58 P.S. §§ 601.101 through 601.605) was repealed 2-14-2012, P.L. 87, No. 13; see now Title 58 of Pa.C.S.A., particularly 58 Pa.C.S.A. § 3201 et seq. (Development) and 58 Pa.C.S.A. § 3301 et seq. (Local Ordinances Relating to Oil and Gas Operation).

(s)

After any spill, leak or malfunction, the operator shall remove or cause to be removed to the satisfaction of the PA DEP inspectors all waste materials from any public or private property affected by such spills, leak or malfunction. Cleanup operations must begin immediately upon knowledge that a spill, leak or malfunction occurs.

(t)

The public street entrance and the property on which a site is located shall at all times be kept free to mud, debris, trash or other waste materials.

(u)

The facility and/or its operation shall comply with all applicable permits and requirements of the Pennsylvania DEP, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters.

(v)

All work associated with preparing the site (grading, installation of erosion and sedimentation controls, roadway construction, etc.) shall be performed only between dawn and dusk. Any burning of trees or brush shall be done in accordance with Township burning regulations.

(w)

During the active operation at a site, key Township staff (Zoning/Code Enforcement Officer, Engineer, Emergency Response Director, Fire Chief and Supervisors) shall have reasonable access to the site to determine continuing compliance with the conditional use approval.

(x)

No oil and gas drilling and oil and gas processing or transfer site shall contain any structures used for temporary housing of workers except for supervisory personnel. Conditions as set forth in Appendix 3[4] shall apply.

Editor's Note: Said appendix is included as an attachment to this chapter.

(y)

A holding tank agreement from WCSC or comparable agency is necessary to address the installation of temporary sewage holding tanks at the drill pads.

(z)

Any modification to an existing oil or gas well site that materially increases the size, location, number of wells (beyond the number of wells identified in Section 6.B[5]) or adds significant accessory equipment or structures shall require a modification of the zoning certificate. Like-kind replacement of equipment shall not require a certificate modification.

[5]

Editor's Note: So in original. This may be intended to refer to § 320-69EE(7)(g)[2].

(aa)

Cross Creek Township reserves the right to impose any other reasonable additional conditions necessary to protect the public health, safety and welfare of its residents in order to address any unique characteristics of a particular site in accordance with the Pennsylvania Municipalities Planning Code (PAMPC).

Editor's Note: This ordinance also added a number of oil-and-gas-related definitions to § 320-8, and further provided that all other terms will be as defined in Pennsylvania's Oil and Gas Act (Act 223) Title 58, Oil and Gas, Chapter 11, Oil and Gas Act. Said Ch. 11 was repealed 2-14-2012, eff. 4-15-2012, by P.L. 87, No. 13; see now Title 58 of Pa.C.S.A., particularly 58 Pa.C.S.A. § 3201 et seq. and 58 P.S. § 3301 et seq.

No oil and gas drilling sites, water storage facility, recycled water storage facility, temporary supervisor structures or oil and gas processing or transfer site of any type or nature shall be drilled, constructed or erected nor shall any work in preparation therefor be commenced within the boundaries of Cross Creek Township unless and until the person or entity has first registered with Cross Creek Township for the purpose of commencement of operations. Appendixes 1, 2, 3,[6] as well as, all applicable ordinances adopted by Cross Creek Township, and federal and state laws and regulations shall be adhered to by the applicant. Each registration shall be accompanied by the following items and by payment of a fee, set by resolution, made payable to "Cross Creek Township."

[Added 8-9-2011 by Ord. No. 1-11]

The Township shall be provided the name of the person supervising the drilling operation, and a phone number where such person can be reached 24 hours a day shall be updated to the extent necessary if contact information changes.

The oil and gas drill sites shall only be permitted on property that is a minimum of 10 acres or larger. Multiple property owners can combine adjoining parcels to achieve the minimum 10 acres required.

Prior to beginning any work on a drill site, the applicant shall submit to the Township a copy of all permits (general, ESCGP-1) issued by the Pennsylvania Department of Environmental Protection (PA DEP). In addition, the Township shall be provided copies of all plans (erosion and sedimentation control, grading, etc.) required by DEP. All required permits shall be maintained throughout the duration of the drilling operation. Any suspension or revocation of permits by DEP shall be reported to the Township and shall constitute a violation of Township zoning approval and may result in the suspension or revocation of zoning approval.

Access directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the highway occupancy permit and enter into a road use maintenance agreement as provided for in Appendix 4.[7]

[7]

Editor's Note: Said appendix is included as an attachment to this chapter.

The applicant must provide the Township with a plan showing the proposed truck routes to be utilized during the drilling operation. The proposed hauling routes must be designed to minimize the impact on collector, connector and local streets within the Township. The Township reserves the right to designate required truck hauling routes involving Township roads. Any safety issues to public roads or other facilities should be mitigated and repaired immediately.

[6]

Editor's Note: Said appendixes are attached to this chapter.

FF.

Private club, subject to:

Any establishment that includes a restaurant or tavern shall be subject to the off-street parking requirements of Article XIII for the portion of the building devoted to the restaurant or tavern use, in addition to the parking required for the private club.

Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.[8]

[8]

Editor's Note: Original Section 1103.32.c, regarding activities on the site and within the building complying with noise standards, of Ord. No. 4-06, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All off-street parking that adjoins an R-1, R-2 or R-3 zoning classification shall be screened by buffer area "C" as defined by § 370-72A of this chapter.

GG.

Public parking lot or public parking garage, subject to:

All public parking lots or public parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this chapter.

All public parking lots or public parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking structure.

The design of any public parking garage proposed to be located on property that adjoins a residential zoning district shall take into account the height, visual, light and air impacts on adjoining residences and shall utilize architectural materials for the exterior walls facing those residential areas that are compatible with the residential character of adjoining properties.

Any public parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.

HH.

Public recreation and noncommercial recreation, subject to:

A minimum lot area of one acre shall be required; however, the minimum lot area required may be reduced to not less than 12,000 square feet for public facilities that are located in established neighborhoods within walking distance of the residents they are intended to serve and where no off-street parking is proposed for the facility.

All principal structures shall be located at least 30 feet from any property line.

Buffer area "C," as defined by § 370-72A of this chapter, shall be provided where parking for the use or other intensively used facilities such as ballfields, tennis courts, shelters and the like are proposed adjacent to any property line adjoining residential use or zoning classification. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential use or zoning classification.

The use shall comply with the performance standards of § 320-71 of this chapter.

All lighting shall be shielded away from adjoining streets and properties.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations at 10:00 p.m.

II.

Public utility installation, subject to:

The minimum lot area required shall be 20,000 square feet. In the case of unmanned accessory structures such as equipment cabinets and regulators, there shall be no minimum lot area required.

Outdoor storage of materials or equipment, including maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six-foot fence with locking gate.

Any area of the building that is used for business offices shall comply with the parking requirements of Article XIII of this chapter for that use. Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.

JJ.

Retirement community, subject to:

The minimum site required for a retirement community shall be 20 acres.

The site proposed for a retirement community, as defined herein, shall have frontage on and direct vehicular access to a street classified by this chapter as an arterial or collector street. Access to local Township streets shall not be permitted, except that a secondary controlled "emergency only" access may be provided from a local Township street, if approved by the Township.

A retirement community may include one or more of the following:

Single-family dwellings.

Two-family dwellings.

Townhouse buildings containing no more than five dwelling units per building.

Garden apartment buildings containing no more than 50 dwelling units per building.

In addition to the foregoing dwelling types, a retirement community shall include common leisure and/or recreational areas.

In addition, a retirement community may include one or more of the following supporting uses, subject to approval by the Township.

Common dining area;

Postal station for use of the residents and staff only;

Banking facility for use of the residents and staff only;

Pharmacy and/or medical offices for use of the residents only;

Personal services for the use of the residents only, including beauty shop, barber hop, common laundry facilities, dry cleaning valet;

Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only;

Personal care boarding home, provided the use meets all the conditional use criteria contained in § 370-69U of this chapter;

Nursing home licensed by the commonwealth;

Elderly day-care center licensed by the commonwealth;

Taxi, van or similar transportation services for the residents.

The maximum dwelling unit density permitted in a retirement community shall be 12 dwelling units per acre.

No principal structure shall be less than 50 feet from any property line adjoining property in an R-R, R-1 or R-2 District. Along all other property lines, no principal structure shall be less than 20 feet from any property line of the development site.

Buffer area "B," as defined by § 370-72A of this chapter, shall be provided along all property lines adjoining property in an R-R, R-1 or R-2 District.

There shall be a minimum of one parking space for each dwelling unit plus one parking space for each employee on peak shift. In the event that a nursing home or personal care boarding home is proposed, parking shall be provided in accordance with the requirements of § 320-88 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

KK.

Seasonal processing of game animals, other than in a slaughterhouse, subject to:

Seasonal processing of game animals shall be permitted on properties in the R-R District that are less than 20 acres provided they comprise at least two acres.

An adequate water supply shall be available and the operator shall provide an acceptable plan for the disposal of animal waste.

In the case of seasonal processing of game animals, the Zoning Hearing Board may grant approval subject to annual inspection by the Zoning Officer and annual renewal of the certificate of occupancy.

LL.

Slaughterhouse.

In the R-R District, the primary purpose of the slaughterhouse shall be to slaughter and dress farm animals raised on-site for sale.

Non-farm-animals killed in hunting season may be butchered at the slaughterhouse.

The minimum site required for a slaughterhouse in the R-R District shall be 20 acres.

MM.

Sportsmen's club, subject to:

The minimum site required shall be 10 acres.

All buildings shall be set back at least 200 feet from any property line adjoining a residential dwelling.

Discharging of firearms and archery shall not be permitted outdoors in any R-1 District.

In the R-R District, operating a firing range shall not be permitted within 1,000 feet of any existing residence.

If the shooting area is on separate property, one parking space shall be provided for each shooting position or station.

All activities on the site shall comply with the performance standards of § 320-71 of this chapter.

All off-street parking that adjoins any R-1, R-2 or R-3 District shall be screened by buffer area "C" as defined by § 370-72A of this chapter.

Unless the perimeter of the site is densely wooded, all property lines that adjoin property in any R-1, R-2 or R-3 District shall be screened by buffer area "B" as defined by § 370-72A of this chapter.

Any club that includes a restaurant or tavern shall further be subject to the off-street parking requirements of Article XIII for the portion of the building devoted to restaurant or tavern use.

Any use of the facility by nonmembers shall require on-site management and/or security personnel during the event.

NN.

Temporary use or structure, subject to:

Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining zoning approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this section as a condition of issuing a certificate of occupancy.

Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 72 consecutive hours shall not be subject to the provisions of this section. Any such activity that exceeds 72 consecutive hours in duration shall be subject to approval under this section.

A transient merchant license as may be required by Township ordinance shall be obtained.

Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided all conditions of the original approval are maintained.

All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

All temporary uses or structures that are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 320-88 for the proposed use.

Vehicular access for all temporary uses or structures that are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.

All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located. All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.

Temporary uses or structures that are proposed as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.

OO.

Tourism, subject to:

In the R-3 District, the minimum lot area required for tourism shall be one acre.

Minimum site area in R-R District.

In the R-R District, the minimum site area required for tourism shall be based on the number of parking spaces required for the use, as follows:

Fifty or fewer parking spaces: 10 acres.

Fifty-one to 75 parking spaces: 25 acres.

Seventy-six to 100 parking spaces: 50 acres.

More than 100 parking spaces: 100 acres.

A tourism use shall not be expanded to provide additional parking unless the foregoing minimum site area requirements are met.

When tourism is proposed on a farm, the farm shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter, if more than 50 parking spaces are provided to support the proposed use. An existing tourism operation on a farm shall not be expanded to include more than 50 total parking spaces unless the farm has frontage on and direct vehicular access to an arterial or collector street as defined herein.

Parking for the tourism use shall be based on the following ratios:

One parking space for each guest room.

One parking space for each 250 square feet of retail sales area.

One parking space for each 500 square feet of display or growing area accessible to the public, retail sales area, educational or recreational area located outdoors.

Off-street parking accessory to tourism and the driveway leading to the parking spaces from the public street shall be improved with a gravel, slag or other aggregate surface.

When tourism is proposed on a farm, the operator of the tourism use must be the owner, operator or occupant of the farm.

When tourism that involves retail sales is proposed on a farm, 50% of the gross sales shall come from products grown, raised, produced or processed on the farm.

If guest rooms are provided as part of the tourism use on a farm, the number of guest rooms shall be limited to one guest room for each two acres of the site area of the farm.

Excluding seasonal workers and temporary workers hired for special events, the maximum number of employees employed in the tourism use shall be related to the size of the site devoted to tourism, as follows:

Site Size	Employees
10 acres	5
11 to 25 acres	10
26 to 50 acres	15
51 to 99 acres	20
100 or more acres	25 for each 100 acres

All buildings and parking areas shall be screened by buffer area "C" as defined by § 370-72A of this chapter along any property line adjoining any R-R, R-1, R-2 or R-3 District for the distance necessary to minimize the visual impact of the buildings and parking areas.

If the proposed use is a seasonal use, the use shall be further subject to all applicable criteria of § 370-69NN.

Adequate sanitary facilities available to the public shall be provided. Evidence of PA DEP and Local Sanitary Council approval of the proposed sanitary treatment system adequate to serve the proposed occupancy shall be submitted to the Township.

PP.

Truck and heavy equipment rental, sales and service, subject to:

The minimum site required shall be one acre.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle or equipment shall be parked on adjacent property or in any public street right-of-way.

Storage of parts, dismantled vehicles or equipment and vehicles awaiting repair shall be kept in an enclosed building or in an outdoor area that is screened by a six-foot-high dense, compact evergreen hedge or opaque fence.

QQ.

Vehicle rental, sales and service, subject to:

New and used vehicle sales and service establishments shall be limited to those establishments that are factory authorized dealerships or that have obtained a license from the Commonwealth of Pennsylvania to operate a used car dealership.

The minimum lot area required shall be one acre.

The property shall have frontage on and direct vehicular access to an arterial or collector street.

The area used for display of merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of equivalent or superior character as approved by the Township Engineer.

The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 320-115 of this chapter.

All lots used for the outdoor display of vehicles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repair, servicing, sales and customer car washing shall be performed.

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

No vehicle shall be displayed for sale that has a registration with an expiration date of more than one year and that does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

All lights and light poles shall be located at least 10 feet from any street right-of-way or property line and all lighting shall be shielded and reflected away from adjacent streets and properties.

No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot or on any merchandise displayed outdoors.

All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

Storage of parts, dismantled vehicles or vehicles awaiting repair shall be kept in an enclosed building or in an outdoor storage area that is screened by a six-foot high dense, compact evergreen hedge or opaque fence.

Buffer area "B," as defined by § 370-72A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

RR.

Vehicle repair garage, subject to:

Such use shall not be located within 100 feet of any property line adjoining residential use or R-1, R-2 or R-3 District.

Buffer area "B," as defined by § 370-72A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

Storage of parts, dismantled vehicles and vehicles awaiting repair shall be kept in an enclosed building or in an outdoor area that is screened by a six-foot-high dense, compact evergreen hedge or opaque fence.

There shall be no more than four vehicles displayed for sale on the premises at any one time.

All repair work shall be performed within an enclosed building that has adequate ventilation and fire-protection provisions in accordance with the Township Building Code.

All towed vehicles shall be stored on the premises and no vehicle shall be stored or dismantled on any public street.

The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or menace to public health or safety.

Storage, handling and disposal of hazardous materials, as defined by federal or state statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

SS.

Warehouse; wholesale sales, subject to:

Any site that involves a warehouse or wholesale sales shall have direct access to an arterial or collector street, as defined by this chapter.

All materials and equipment shall be stored within a completely enclosed structure or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot-high dense, compact evergreen hedge or opaque fence.

No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 7:00 p.m. and 7:00 a.m.

All shipping and receiving facilities adjoining residential use or zoning classification shall be screened by buffer area "B," as defined by § 370-72A of this chapter.

The storage or handling of hazardous or potentially hazardous materials shall not be permitted.

TT.

Wind power generating facility (WPGF), subject to:

The minimum site required shall be 10 acres.

These provisions shall apply to WPGF and WPGF substations that generate electricity to be sold to wholesale or retail markets.

No WPGF or WPGF substation shall be constructed, erected, installed or located within Cross Creek Township unless prior siting approval has been obtained for each individual WPGF and WPGF substation as a conditional use under this chapter.

A permit shall be required from Cross Creek Township for every WPGF or WPGF substation, installed at any location within Cross Creek Township.

A WPGF or WPGF substation shall be permitted on a property with an existing principal use subject to the following land development standards:

The minimum lot area, minimum setbacks and maximum heights required by this chapter for the WPGF shall apply, and the land remaining for accommodation of the existing principal use on the lot shall also continue to comply with a minimum lot area, density and other requirements.

The applicant shall present documentation that the owner of the property has granted an easement or other legal interest for the proposed facility and vehicular access is provided to the facility.

A fence may be required around WPGFs, WPGF substations, or other equipment unless the design of the structure adequately provides for safety.

Landscaping. Landscaping may be required to screen as much of the WPGF or WPGF substation ground facilities as possible, and in general buffer the WPGF ground features from neighboring properties. Cross Creek Township may permit any combination of existing vegetation, topography, walls, decorative fences, or other features instead of landscaping, if the same achieves the same degree of screening as the required landscaping.

Licenses and other regulations; insurance. The applicant shall demonstrate that it has obtained the required licenses from governing state and federal agencies. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address and emergency telephone number for the operator of the WPGF or WPGF substation, and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the amount of $1,000,000 per occurrence covering the WPGF.

Communications interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished.

Siting approval. The conditional use application shall contain or be accompanied by the following information:

A WPGF project summary, including, to the extent available:

A general description of the project, including its approximate name plate generating capacity; the potential equipment manufacturer, type of WPGF, number of WPGFs, and name plate generating capacity of each WPGF; the maximum height of the general location of the project; and

A description of the applicant, owner and operator, including their respective business structures;

The name, address, and telephone number of the applicant, owner and operator, and all property owners, if known;

A site plan for the installation of the WPGF showing the planned location of each WPGF tower, guy wires, and anchor bases (if any), primary structures, property lines (including identification of adjoining properties), setback lines, public access roads and turnout locations, substations ancillary equipment, third-party transmission lines, and layout of all structures within the geographical boundaries of any applicable setback;

All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this chapter; and

Any other information normally required by Cross Creek Township as part of this chapter.

Design and installation.

WPGFs shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), Det Norske Vertas (DNV), Germanischer Lloyd Wind Energie (GL) or an equivalent third party.

A professional engineer shall certify as part of the conditional use application that the foundation and tower design of the WPGF is within accepted professional standards, given local soil and climate conditions.

All WPGFs shall be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over speed protection.

All electrical components of the WPGF shall conform to applicable local, state and national codes, and relevant national and international standards (i.e., ANSI and International Electrical Commission).

Towers and blades shall be painted white or gray or another nonreflective, unobtrusive color and shall contain no advertising.

The applicant for the WPGF shall comply with all applicable Federal Aviation Administration (FAA) requirements.

A reasonably visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

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 15 feet from the ground.

All WPGF towers must be unclimbable by design or protected by anticlimbing devices.

All WPGF towers shall be set back at least 500 feet from any primary structure. The distance for the above setback shall be measured from the point of the primary structure foundation closest to the WPGF tower to the center of the WPGF tower foundation. The owner of the primary structure may waive this setback requirement, but in no case shall a WPGF tower be located closer to a principal structure than 1.10 times the WPGF tower height.

All WPGF towers shall be set back a distance of at least 1.10 times the WPGF tower height from public roads, third party transmission lines and communications towers. Cross Creek Township may waive this setback requirement if the waiver is not detrimental to public safety.

All WPGF towers shall be set back a distance of at least 1.10 times the WPGF tower height from adjacent property lines. The affected adjacent property owner may waive this setback requirement.

Nothing in this chapter is intended to preempt other applicable state and federal laws and regulations.

An applicant, owner or operator proposing to use any Township road for the purpose of transporting WPGF or substation parts and/or equipment for construction, operation or maintenance of the WPGF(s) or substation(s), shall:

Identify all such Township roads; and

Obtain applicable weight and size permits from relevant government agencies prior to construction.

An applicant, owner or operator must obtain a weight permit from Cross Creek Township and shall:

Conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage; and

Secure financial assurance, as defined herein, in a reasonable amount agreed to by the relevant parties, for the purpose of repairing any damage to Township roads caused by constructing, operating or maintaining the WPGF.

Operation.

The owner or operator of the WPGF must submit, on an annual basis, a summary of the operation and maintenance reports to Cross Creek Township. In addition to the above annual summary, the owner or operator shall furnish such operation and maintenance reports as Cross Creek Township reasonably requests.

Any physical modification to the WPGF that alters the mechanical load, mechanical load path or major electrical components shall require recertification under § 370-69TT(7)(a) of this chapter. Like-kind replacements shall not require recertification. Prior to making any physical modification (other than a like-kind replacement), the owner or operator shall confer with a relevant third party certifying entity identified in § 370-69TT(7)(a).

The applicant shall provide the applicable microwave transmission providers and local emergency service providers (911 operators) with copies of the project summary and site plan, as set forth in § 370-69TT(6). To the extent that the above providers demonstrate a likelihood of interference with its communications resulting from the WPGF(s), the applicant shall take reasonable measures to mitigate such anticipated interference. If, after construction of the WPGF, the owner or operator receives a written complaint related to the above-mentioned interference, the owner or operator shall take all steps necessary to remedy the matters that are the subject of the complaint.

If, after construction of the WPGF, the owner or operator receives a written complaint related to interference with local broadcast residential television, the owner or operator shall take all steps necessary to remedy the matters that are the subject of the complaint.

Coordination with local Fire Department:

The applicant, owner or operator shall submit to the local Fire Department a copy of the site plan.

Upon request by the local Fire Department, the owner or operator shall cooperate with the local Fire Department to develop the Fire Department's emergency response plan.

Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations.

Upon request by the local Fire Department, the owner or operator shall on a yearly basis participate in high-angle rescue using a WPGF tower.

Materials handling, storage and disposal:

All solid wastes related to the construction, operation and maintenance of the WPGF shall be removed from the site promptly and disposed of in accordance with all federal, state and local laws.

All hazardous materials related to the construction, operation and maintenance of the WPGF shall be handled, stored, transported and disposed of in accordance with all applicable federal, state and local laws.

Noise level. Noise levels from each WPGF unit or substation shall not exceed fifty decibels (50 dBA) for any period of time when measured at any residence, school, hospital, church or public building existing on the date of conditional use approval of the WPGF.

Birds. A qualified professional, such as an ornithologist or wildlife biologist, shall conduct an avian habitat study as part of the conditional use application to determine if the installation of WPGF will have a substantial adverse impact on birds.

Decommissioning plan. Prior to receiving conditional use approval under this chapter, the applicant, owner and/or operator shall formulate a decommissioning plan to ensure that the WPGF project is properly decommissioned. The decommissioning plan shall include:

Provision describing the triggering events for decommissioning the WPGF project;

Provisions for the removal of structures, debris and cabling, including those below the soil surface;

Provisions for the restoration of the soil and vegetation;

An estimate or the decommissioning costs certified by a professional engineer;

Financial assurance, as defined herein, secured by the owner/operator, for the purpose of adequately performing the decommissioning, in an amount equal to the professional engineer's certified estimate of the decommissioning costs;

Identification of and procedures for Cross Creek Township's access to financial assurances; and

A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns or heirs.

UU.

Wind power generating facility (WPGF) system, small, subject to:

The minimum site required to install a small WPGF shall be 10 acres.

The maximum height of a small WPGF tower height shall be 100 feet.

The applicant shall provide evidence that the proposed small WPGF tower height does not exceed the height recommended by the manufacturer or distributor of the system.

The applicant shall comply with all applicable regulations of the Pennsylvania Public Utility Commission governing generation of electricity for private use.

The small WPGF generators and alternators shall be constructed so as to prevent the emission of radio and television signals. The applicant shall correct any signal disturbance problem identified after initiation of the operation within 90 days of identification.

The minimum distance between the ground and any protruding blades utilized on a small WPGF shall be 15 feet measured at the lowest point of the arc of the blades.

The lowest point of the arc of the blades utilized on a small WPGF shall be 10 feet above the height of any structure located within 150 feet of the base of the small WPGF.

The small WPGF tower shall be enclosed by a six-foot-high fence, unless the small WPGF tower is fitted with anticlimbing devices for a distance of 12 feet above the ground.

The applicant shall submit evidence from the manufacturer regarding the structural integrity of the small WPGF tower, base and footings and the installation's ability to withstand expected wind loads.

The small WPGF tower shall be set back a distance of 150% of the small WPGF tower height plus the blade length from any inhabited dwelling on adjacent property, unless notarized consent of the adjacent property owner is presented.

The small WPGF tower shall be set back a distance of 110% of the small WPGF tower height of the tower plus the blade length from all adjacent property lines.

Small WPGFs shall comply with all applicable requirements of the Federal Aviation Administration (FAA).

Small WPGFs shall not be artificially lighted unless required by the Federal Aviation Administration (FAA).

No small WPGF tower shall have any sign, writing or picture that may be construed as advertising.

Small WPGF towers shall maintain a noncorrosive finish, unless FAA standards require otherwise.

Small WPGFs shall not exceed 60 dBA, as measured at the closest property line, except during short-term emergencies such as utility outages and/or severe windstorms.