The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
Essential services as defined in this chapter shall be permitted in all districts, subject to the restrictions reviewed and recommended by the Planning Commission with respect to use, design, yard area, setback and height.
Where one or more preexisting buildings are located on both lots adjacent to the lot upon which a proposed building is to be constructed and within 150 feet of the common property boundary with the lot upon which the proposed building is to be constructed, the setback of the proposed building shall conform with the average setbacks of the preexisting principal structures.
The following may project into the required yard as established herein:
A. 
Steps or stoops not exceeding 32 square feet in area.
B. 
Overhangs, eaves, chimneys, cornices and belt courses not exceeding two feet.
C. 
Open fire escapes not exceeding 54 inches.
D. 
Handicap ramps (not including decks or turning radii).
E. 
Ground level pads and sidewalks.
F. 
Sport courts shall meet the five-foot accessory setback requirement (including all fencing).
The vertical distance of a structure shall be measured from the average grade plane to the height of the highest roof surface.
A. 
In the case of flat roof structures, the vertical distance of a structure shall be measured from the highest point of the coping.
B. 
In the case of mansard roof structures, the vertical distance of a structure shall be measured from the deck line of roof. A habitable attic shall be counted as a story.
C. 
In the case of a gable or hipped roof, the vertical distance of a structure shall be measured from the average height of room. A habitable attic shall be counted as a story.
The height limitations of this chapter shall not apply to flag poles, church spires, belfries, domes or similar projections not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, public utility facilities, bulk heads, silos, antenna and other necessary mechanical and operational apparatus usually carried above the roof level, except where such structures would encroach into the airport approach height limitation zones and which structures shall not exceed the height set forth in the limitation zones. Wind turbines shall not be included as one of the above mentioned structures and are subject to the following restrictions:
A. 
In the A-2 Agrarian District, the maximum height for accessory structures shall not exceed 200 feet for individual wind turbines for agricultural purposes.
B. 
In the I-2 Industrial Park District for commercial wind turbines, the maximum height shall not exceed 350 feet and for individual wind turbines, 200 feet.
C. 
In the A-1 Rural District, the maximum height for individual wind turbines shall be 120 feet for agricultural purposes.
A. 
Subject to the limitations imposed by the other provisions of this chapter, the Zoning Hearing Board may, by variance, permit the erection of a dwelling on any existing lot in a residential, rural and agrarian district where permitted by this chapter with a lot area or lot width smaller than that required for a single-family dwelling.
B. 
It is the expressed intention of Fairview Township that, due to the limitations presented by small lots, the granting of variances, in particular related to setbacks, open space and height restrictions, should not be granted. It shall be the responsibility of the Zoning Hearing Board to review all proposed permits under this section with the Planning Commission.
Trailers as defined within the terms of this chapter and including mobile homes, travel trailers, pick-up coaches, motorized homes and boat trailers may be parked or stored subject to the following requirements:
A. 
Camping and recreational equipment may be parked and occupied on an agricultural, industrial or business property, provided a temporary zoning permit is obtained. This permit shall be limited to one thirty-day period with one renewal of the same duration in any one calendar year.
B. 
Camping and recreational equipment may be parked and occupied on a residential property in a residential district, provided a temporary zoning permit is obtained. This permit shall be limited to one consecutive two-week period with one renewal in any one calendar year.
C. 
The storing of camping and recreational equipment shall be limited to the interior of automobile garages or other available on-lot accessory buildings or to that portion of the lot behind or to the side of the principal building, but not extending beyond the front of the principal building.
A. 
The commercial drilling of unconventional wells (as defined by the Pennsylvania Department of Environmental Protection) is permitted in the I-2 District subject to the following provisions:
(1) 
All such drilling operations shall be subject to the requirements of the Pennsylvania laws regulating oil and gas development.
(2) 
A copy of any permits and approvals required pursuant to the aforementioned laws must also be submitted to the Fairview Township Zoning Officer.
(3) 
Exploration sites shall be a minimum of 660 feet from all leased property lines.
(4) 
A road bond shall be required for equipment transporting over municipal roads to an amount specified by the Township Engineer.
(5) 
Well site and pit area shall be completely fenced with an eight-foot chain link fence upon removal of the drilling rig from the site.
B. 
The commercial or private drilling of conventional oil or gas wells (as defined by the Pennsylvania Department of Environmental Protection) is permitted in the I-3 and A-2 Districts subject to the following provisions:
(1) 
All such drilling operations shall be subject to the requirements of the Pennsylvania laws regulating oil and gas development.
(2) 
A copy of any permits and approvals required pursuant to the aforementioned laws must also be submitted to the Fairview Township Zoning Officer.
(3) 
Exploration sites shall be a minimum of 660 feet from all leased property lines.
(4) 
A road bond shall be required for equipment transporting over municipal roads to an amount specified by the Township Engineer.
(5) 
Well site and pit area shall be completely fenced with an eight-foot chain link fence upon removal of the drilling rig from the site.
(6) 
All such drilling operations shall be subject to the requirements of the Pennsylvania laws regulating oil and gas development.
C. 
The extraction of minerals such as granite, limestone, coal, sand or gravel is permitted in all industrial districts and the A-2 District as a special exception by the Zoning Hearing Board.
(1) 
A copy of any permits and approvals required pursuant to the aforementioned laws must also be submitted to the Fairview Township Zoning Officer.
(2) 
A road bond shall be required for equipment transporting over municipal roads to an amount specified by the Township Engineer.
(3) 
All mineral extraction activities shall be subject to the Pennsylvania laws regulating mining.
(4) 
Must comply with the Fairview Township Performance Standards Ordinance.[1]
[1]
Editor's Note: See Ch. 287, Performance Standards.
Fences, hedges or other plantings, temporarily parked or stored recreational vehicles, vehicles, structure or walls shall not be located on a lot of record to interfere with vision clearance across the corner lots. The height of such objects is restricted to three feet, measured from the center of road elevation within the clear sight triangle, The clear sight triangle is a triangular area of unobstructed vision on corner lots formed by a 120-foot sight line along the center of the arterial or collector street, by a 100-foot sight line along the center of the right-of-way for a minor street, except seventy-foot line along minor streets in residential subdivision, and by a line adjoining these two sight lines at the greatest distance from their intersection.
No lot or premises shall be used as a waste disposal facility or a dead animal rendering plant except in the I-3 Heavy Industrial District. No manure, rubbish or miscellaneous refuse may be stored in the open within any district where the same may present an actual or threatened nuisance or menace to public health or safety. Waste collection facilities shall be located and constructed to shield the view from the general public by being incorporated into the principal structure or a portion of an accessory structure on the lot.
A. 
Temporary storage facilities (including but not limited to, tractor trailer box units and covered and completely enclosed other trailer units), may receive a temporary zoning permit one time for up to 30 days with one renewal for the same length of time. When such a permit is issued, a time schedule for removal and the reason for the temporary use must be provided. No permanent permit will be issued for such purpose. All such units must be kept in good repair and located in the rear yard of the property.
B. 
All such units must also comply with all yard requirements of the district in which they are located. All such units may be temporarily permitted per calendar year in districts as follows:
Residential "R"
Business "B"
Industrial "I"
Agricultural "A"
Permit period (days)
60
120
120
120
Allowable renewal
1
1
1
1
Private swimming pools are permitted only when located in the rear yard and shall comply with the requirements of the Pennsylvania Construction Code.
Commercial equipment with or without signs including business vehicles, trucks or vans over a three ton capacity tandems, tractor-trailers, semi-tractors or other commercial or construction or cargo-moving vehicles shall not under any conditions be stored or parked in any residential district, either on the property or in the right-of-way. Business vehicles with or without signs up to a three ton capacity may be permitted for each residential dwelling with a limit of two.
Any permanently located dwelling unit (to be used by the same family for more than 60 days) shall have a minimum gross floor area of 1,000 square feet for one-story dwelling units; and for two-story dwelling units or split level dwelling units, a minimum of 500 square feet on the first floor within the original structural design, exclusive of porches, patios, decks, breezeways, garages, carports, sun porches or other similar structural additions.
A. 
Heliports are permitted in any industrial district.
B. 
Helistops are permitted in the B-2 District.
C. 
Heliports and/or helistops shall comply with the rules and regulations, inspection and licensing procedures of the Bureau of Aviation of the Pennsylvania Department of Transportation (PennDOT) and any approvals and clearances that may be required by the Federal Aviation Administration (FAA).
D. 
Minimum landing area requirements:
(1) 
The minimum tract size for heliports and/or helistops shall be of sufficient size to meet the requirements of Subsection D(2) and (3) below.
(2) 
Minimum size of the landing area shall be approximately 200 feet square or a circle with a diameter of 200 feet.
(3) 
The landing pad shall be a minimum size of 60 feet square and have a hard surface area two times the rotor diameter.
(4) 
The site shall be approachable from at least two sides and provide sufficient clearance as to allow take-offs and landings from the outer limits of the touch down pad of an 8:1 ratio. The approach lanes for these landing facilities shall be considered or defined as an eight-to-one incline plane in the direction of the designated approach and departure flight paths which shall be 200 feet in width and shall extend outward 500 feet from the outer edge of the landing pad.
(5) 
A site located adjacent to water shall have a boat, such as a rowboat, tied at the landing area to aid possible rescue operations.
(6) 
A wind direction indicator shall be provided. In the case of night operation, the navigation facility shall be lighted.
E. 
Requirements.
(1) 
Proof that the site has been inspected by the Bureau of Aviation of the Pennsylvania Department of Transportation and complies with the appropriate regulations and proof of any clearances or approvals that may be required from the Federal Aviation Administration (FAA) shall be provided to the Zoning Officer.
No structure, planting or obstruction of any kind shall be placed or allowed to be placed in or on any underground public easement or access easement or interfere in any way with any public easement.
The provisions of this chapter are designed to fulfill the objectives cited in § 395-200. The degree of protection sought by the conditions and requirements of this chapter for the present and future residents and landowners in Fairview Township is considered reasonable for regulatory purposes in the various zoning districts. This chapter does not imply that compliance with the minimum requirements or that land uses permitted within such districts will be free from inconvenience, conflicts, danger or damages. Therefore, this chapter shall not create liability on the part of individual members of the Board of Supervisors or any officer, appointee or employee of Fairview Township for any damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.
A. 
Except as set forth in this section, a fence may be installed and located up to a property boundary and is not regulated as to which direction it faces. Fences on public street corners shall not obstruct the clear site triangle area referenced in § 395-808. Zoning permits are required for any fence four feet or higher unless exempted under § 395-1001B.
B. 
No fence shall be placed over any public easement or drainage easement without including in the fencing a mechanism to permit emergency vehicles to respond to an emergency or municipal access to repair or maintain any such easement that is the responsibility of the municipality.
C. 
Residential zones. Front yard fencing shall not be greater than three feet in height. Side and rear yard fencing shall not be greater than eight feet in height, except for sport courts.
D. 
Commercial zones. Front yard fencing shall not be greater than four feet in height. Side and rear yard fencing shall not be greater than 12 feet in height with a ten-foot setback from the public right-of-way.
E. 
Industrial zones. Front, side and rear yard fencing shall not be greater than 12 feet in height with a ten-foot setback from the public right-of-way.
The discharge of sump pumps, footer drains, water softeners, roof drains and other sources of surface water including driveway drainage resulting from the development of lots or parcels onto any roadways or cartways is prohibited.
Churches are permitted in all zoning districts, except the industrial districts. The following conditions apply:
A. 
Accessory uses:
(1) 
Accessory uses customarily incidental to the church are permitted, except dwellings shall not be permitted in the B-2 District and games of chance activities are only permitted in the B-2 District.
(2) 
One annual festival or bazaar is permitted wherein all fund-raising activities may occur, which are customarily associated with such activity.
B. 
Off-street parking requirements:
(1) 
No parking or maneuvering within any street right-of-way or on any sidewalk shall be counted as meeting the off-street parking requirements.
(2) 
Parking requirements: one space for each three seats of assembly use and one space for each employee on maximum work shift.
Fences of any kind, underground irrigation systems, underground electronic dog fences, signs, hedges or other plantings, structures or walls, except mail boxes and paper tubes, placed at the risk of the resident, mounted on anything larger than a four-inch-by-four-inch wood post, 1 1/2 inch steel pipe or 1 1/2 inch T-iron shall not be located in the street right-of-way. Driveway drainage pipes, boulevard with trees or shrubs, subdivision association signs, may be permitted, when location, size and species are approved by the Board of Supervisors.
A. 
Residential lots with an area of 20,000 square feet or less shall have not more than 800 square feet of storage area, including garages and detached storage buildings.
B. 
Residential lots over 20,000 square feet in area but less than one acre in area shall have not more than 1,000 square feet in a storage structure, including garages and detached storage buildings.
C. 
Residential lots of one acre or more but less than two acres shall not have more than 1,200 square feet in a storage structure, including garages and detached storage buildings.
D. 
Any residential lot to exceed the area provisions of this section may be permitted storage in addition to 1,200 square feet of storage area as a special exception by the Zoning Hearing Board. Conditions to be considered in determining approval shall include the following: type of use, density of surrounding area, type of construction, size of structure including height, exterior lighting, setback requirements and open space, land use of surrounding area, and access of topography of a lot.
Structures and trees shall be limited in height in accordance with provisions as established in the Fairview Township Airport Height Limitation Ordinance[1] in addition to the provisions of this chapter. Lighting and electrical communications shall be prohibited from interfering with aircraft intending to use the Erie International Airport.
[1]
Editor's Note: See Ch. 120, Airport Zoning.
All permitted uses must comply with the performance standards of the Fairview Township as contained in the Fairview Township Performance Standards Ordinance.[1]
[1]
Editor's Note: See Ch. 287, Performance Standards.
A. 
Signs are permitted in the residential and agricultural districts, provided these conditions are met:
(1) 
Temporary signs such as signs advertising the sale, rental or development of property, temporary signs indicating the location and direction of premises and not exceeding four square feet in area, temporary signs erected by churches, schools, civic organizations or other similar institutions are permitted, provided the area of the sign does not exceed 12 square feet. No temporary signs shall be erected or displayed for more than six months in any one calendar year.
(2) 
Permanent signs erected by agricultural uses and by churches, schools, civic organizations or other similar institutions shall not exceed 12 square feet in area.
(3) 
Permanent signs designating recreational facilities shall not exceed 32 square feet in area.
(4) 
Signs may have a reflective surface and be illuminated from the front or rear directed towards the sign. No sign, permanent or temporary, shall be installed in the clear sight triangle area if it is in conflict with sight line and clear sight triangle area requirement (§ 395-808) of this chapter.
(5) 
The bottom-most part of the sign shall not exceed two feet above ground grade if not attached to a structure.
(6) 
Stationary signs and billboards shall be regarded as structures within the meaning of this chapter. Advertising display on an agricultural barn or other building or surface shall be included as stationary signs.
(7) 
Farm product signs shall be limited to three per land parcel and shall not exceed 25 square feet in cumulative area and shall be related solely to the sale of farm products produced thereon.
(8) 
In addition to the other requirements of this section, every sign referred to herein must be constructed of durable materials, kept in repair and not allowed to become dilapidated. Each sign shall be removed when the circumstances leading to its erection no longer apply.
(9) 
The use of signs with moving script, intermittent lighting or signs similar to traffic control devices is prohibited.
(10) 
Permanent announcement signs designating home occupations, no-impact home-based businesses, and professional offices such as those of a physician, attorney, engineer or architect are permitted, provided such signs do not exceed two square feet in area.
(11) 
Permanent signs for bed-and-breakfasts in the A-1 and A-2 District shall not exceed 12 square feet.
B. 
Signs are permitted in the business and industrial districts, provided these conditions are met:
(1) 
Three signs per lot including freestanding, projecting or attached, having a cumulative total area of 200 square feet for B Districts and 300 square feet for I Districts (either back to back or independently), and are permitted and may be used for the following purposes:
(a) 
Signs advertising the sale, rental or development of property.
(b) 
Signs indicating the location of premises.
(c) 
Signs advertising business of services, material use or equipment for rent or sale on the premises.
(2) 
No sign shall exceed the height of 30 feet from the ground surface when attached to a building or 18 feet from the ground surface when freestanding.
(3) 
All signs located in the B-1 or B-2 Districts within the Village Area shall be located a minimum of 10 feet from the street right-of-way line.
(4) 
Except as provided herein, no sign shall extend within 48 inches of a public right-of-way.
(5) 
The use of signs with moving script, intermittent lighting or signs similar to traffic control devices are prohibited. Signs with changing displays shall not be considered moving, provided they change no sooner than every five seconds.
(6) 
Signs of no more than six square feet directing and guiding traffic and parking on private property but bearing no advertising matter are permitted.
(7) 
In addition to the other requirements of this section, every sign referred to herein must be constructed of durable materials, kept in repair and not allowed to become dilapidated. Each sign shall be removed when the circumstances leading to its erection no longer apply.
(8) 
In addition to the other requirements of this section, any B, I-1, and I-3 District properties located within 1,000 feet of the intersection of Interstate 90 and Route 98 may have an additional high rise sign not to exceed 100 feet in height and a cumulative total square footage of 1,200 square feet.
(9) 
Permanent signs for bed-and-breakfasts in the B-1 District shall not exceed 12 square feet in size.
C. 
Signs for nonconforming uses shall comply with all requirements of other districts in which the use would be conforming.
A. 
No-impact home-based businesses in all R and A Districts shall be permitted as an accessory use.
B. 
Home occupations in the R-1 and A Districts shall be permitted as an accessory use, provided the following conditions are met:
(1) 
Official residence shall be maintained by the occupant who is an owner, a renter or a lessee conducting the business or home occupation.
(2) 
The accessory use shall be located in the principal dwelling building.
(3) 
The accessory use shall not occupy more than 25% of the ground floor area of the principal dwelling building.
(4) 
There shall not be an animal hospital or animal clinic in connection therewith.
(5) 
There shall not be more than two nonresidents employed on the premises.
(6) 
There shall be a minimum of four off-street parking spaces in addition to those required under the provisions of this chapter.
A. 
The Downtown Village Overlay is an area prescribed by the B-1 and B-2 Zoning Districts within the confines of the defined Village Area (the former Fairview Borough), as indicated on the 2015 Zoning Map.
B. 
This overlay area allows for the use of a single-family dwelling combined with any principal use permitted in the B-1 and B-2 Zoning Districts. The combination of these two uses shall be considered as one principal permitted use.
Any action by Fairview Township under this chapter, where applicable, shall be in conformity and recognition of the Pennsylvania Right to Farm Act[1] and the Pennsylvania Construction Code.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
Where permitted as a special exception, commercial wind facilities shall comply with the following:
A. 
Permit requirement.
(1) 
No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within Fairview Township unless a zoning permit has been issued to the facility owner or operator approving construction of the facility under this chapter.
(2) 
The zoning permit application or amended permit application shall be accompanied with a fee as set from time to time by the Board of Supervisors by resolution or ordinance.
(3) 
Any physical modification to an existing or permitted wind energy facility that materially alters the size, type or number of wind turbines or other equipment shall require a permit modification under this chapter and a fee, as set forth in Subsection A(2) above, shall be paid. Like-kind replacements shall not require a permit modification.
B. 
Permit application.
(1) 
The permit application shall demonstrate that the proposed wind energy facility will comply with this chapter.
(2) 
The application shall contain the following:
(a) 
A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
(b) 
An affidavit or similar evidence of agreement between the property owner(s) and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner(s) to apply for necessary permits for construction and operation of the wind energy facility and that the property owner accepts responsibility to decommission the facility upon the failure of the facility owner or operator to complete decommissioning.
(c) 
Identification of the properties on which the proposed wind energy facility will be located and the properties adjacent to where the wind energy facility will be located and copies of all recorded setback waivers, if applicable.
(d) 
A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.
(e) 
Documents related to decommissioning.
(f) 
A hydrologic analysis of surface and subsurface water systems conducted and certified by a hydrogeologist.
(g) 
A flicker study demonstrating that flicker shall not exceed 25 hours per twelve-month period at any occupied structure on the premises unless waived by each owner and occupant of the occupied structure.
(h) 
Other relevant studies, reports, certifications and approvals as may be reasonably requested by Fairview Township to ensure compliance with this chapter and such permits as are required by applicable state or federal law, rule or regulations.
(3) 
Notwithstanding § 395-1001F, within 30 days after receipt of a permit application, the Fairview Township Zoning Officer will determine whether the application is complete and advise the applicant accordingly.
(4) 
Within 60 days of a completeness determination, Fairview Township will schedule a public informational meeting pursuant to a notice published one time in a newspaper of general circulation published not less than seven days before the meeting. The applicant shall present the project to the public and municipal officials and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide comment on the proposed project.
(5) 
Within 120 days of a completeness determination or within 45 days after the informational meeting, whichever is later, the Zoning Officer shall issue or deny the permit.
(6) 
Throughout the permit process, the applicant shall promptly notify Fairview Township of any changes to the information contained in the permit application.
(7) 
Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed informational meeting.
C. 
Design and installation.
(1) 
Design safety certification. The design of the wind energy facility shall conform to applicable industry standards, including, but not limited to, those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies or other similar certifying organizations. Wind energy facilities shall be promptly modified to comply with changes in design standards.
(2) 
Uniform Construction Code. The wind energy facility shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 - 403.142 and a building permit or permits shall be obtained and all related fees paid prior to construction.
(3) 
Controls and brakes. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed 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 overspeed protection. Ice sensors and control systems shall be employed to limit potential damage from falling ice.
(4) 
Electrical components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(5) 
Visual appearance; power lines.
(a) 
Wind turbines shall be a nonobtrusive color such as white, off-white or gray.
(b) 
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety and shall comply with the lighting standards set forth in the Fairview Township Standards Performance Ordinance.[1]
[1]
Editor's Note: See Ch. 287, Performance Standards.
(c) 
Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.
(d) 
On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.
(6) 
Warnings.
(a) 
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(b) 
Visible, reflective, colored objects, such as flags, reflectors or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(7) 
Climb prevention/locks.
(a) 
Wind turbines shall not be climbable up to 15 feet above ground surface.
(b) 
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(8) 
Turbine height shall not exceed 350 feet.
D. 
Setbacks.
(1) 
Wind turbines shall comply with all of the following setback requirements:
(a) 
Occupied buildings. Wind turbines shall be set back from the nearest occupied building a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(b) 
Property lines. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification, or 1.75 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
(c) 
Public roads. All wind turbines shall be set back from all public roads a distance of not less than 1.75 times the turbine height, as measured from the nearest right-of-way line of all public roads to the center of the wind turbine base.
(2) 
Accessory structures and buildings shall be located not less than 120 feet from all road rights-of-way and property lines of nonparticipating properties.
E. 
Use of public roads.
(1) 
The applicant shall identify all state and local public roads to be used within Fairview Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
(2) 
Fairview Township's engineer or a qualified third party engineer hired by Fairview Township, both to be paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.
(3) 
Fairview Township will require bonding of Township roads in compliance with state regulations and applicable Township ordinances.
(4) 
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense, in accordance with applicable Township ordinances and state regulations.
(5) 
The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.
F. 
Local emergency services:
(1) 
The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).
(2) 
Upon request of the Township, the applicant shall cooperate with emergency services officials to develop and coordinate implementation of an emergency response plan for the wind energy facility.
(3) 
The applicant shall obtain a street address for each wind turbine.
G. 
Noise, shadow flicker and ground water.
(1) 
Audible sound from a wind energy facility shall be in conformity with the Performance Standards Ordinance of Fairview Township. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall utilize calibrated sound level instrumentation that complies with the latest revision of ANSI S1.4-Specifications of Sound Levels Meters, Type 1 or better and shall be conducted by an appropriately qualified individual. Upon request of the Township, the facility owner and operator shall institute testing and provide all data showing compliance.
(2) 
The facility owner and operator shall make every effort to minimize shadow flicker to any occupied building. Unless waived by the property owner and others occupying the occupied building by recorded written document as described in this subsection, the presence of shadow flicker shall not exceed 25 hours in total per twelve-month period. In addition, the facility owner and the operator shall pay for or provide suitable window shades and/or trees to mitigate the effect of permitted shadow flicker.
(3) 
All wind energy facilities shall be designed and constructed in such fashion as to avoid any disruption and/or interference with private wells, springs and/or other water sources. In the event a problem occurs with any private water source, which problem is proximately caused by the wind energy facility, the facility owner and the operator shall immediately supply potable water in such quality and quantity as supplied by the original private water source.
H. 
Signal interference. The facility owner or the operator shall make every effort to avoid any disruption or loss of radio, telephone, television or similar signals and shall take all reasonable steps to mitigate any harm caused by the wind energy facility. In the event such a loss or disruption should occur, the facility owner and the operator shall take reasonable steps to mitigate the effect.
I. 
Liability insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $10,000,000 per occurrence and $20,000,000 in the aggregate. The facility owner or operator shall ensure that current certificates of insurance are continuously on file at Fairview Township.
J. 
Decommissioning.
(1) 
The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(2) 
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
(3) 
Disturbed earth shall be graded and re-seeded unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(4) 
An independent and certified professional engineer shall be retained by the facility owner or operator to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment. Said estimates shall be submitted to Fairview Township prior to construction and every fifth year thereafter.
(5) 
The facility owner or operator shall post and maintain decommissioning funds in an amount equal to decommissioning costs plus 10%. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth-chartered lending institution chosen by the facility owner or operator, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by Fairview Township.
(6) 
Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit or other form of financial assurance as may be acceptable to Fairview Township.
(7) 
If the facility owner or operator fails to complete decommissioning within the period prescribed above, then the landowner shall have six months to complete decommissioning.
(8) 
If decommissioning is not completed within the periods prescribed by Subsection K(1) through (7) above, then Fairview Township may take such measures as necessary to complete decommissioning, including directing the property owner to perform the decommissioning. The entry into and submission of evidence of the landowner agreement to Fairview Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that Fairview Township may take such action as necessary to implement the decommissioning plan.
(9) 
The decommissioning funds shall be released when the facility owner or operator has demonstrated and Fairview Township concurs that decommissioning has been satisfactorily completed; or upon written approval of Fairview Township, in order to implement the decommissioning plan.
K. 
Public inquiries and complaints.
(1) 
The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. This person shall coordinate mitigation efforts as required by this chapter.
(2) 
The facility owner and operator shall respond to the public's inquiries and complaints within five business days.
Where permitted as accessory uses, individual wind turbines, which produce energy solely for the property upon which the turbine is located, shall comply with the following:
A. 
The energy produced by the turbine shall be only for the primary structure or accessory uses on the premises with excess energy supplied to the energy grid if approved by the utility.
B. 
The height shall not exceed 120 feet at its highest point in the A-1 Rural District when the turbine serves agricultural purposes, 200 feet in the A-2 Agrarian and all industrial districts and 40 feet in the residentially and commercially zoned districts and in the A-1 Rural District when the turbine serves a residence, all as measured from the ground surface.
C. 
Setback from any structure shall be no less than 130% of the height of the turbine as measured from the highest point that the turbine blade reaches.
D. 
Setback from any property boundary shall not be less than 1 1/2 times the distance from the base of the tower foundation to the highest point the turbine blade reaches.
E. 
To prevent unauthorized climbing, climbing pegs shall be removed from the lower 10 feet of the tower or ladder access shall be restricted.
F. 
A "Danger, High Voltage" sign shall be installed where it is clearly visible by persons standing near the tower base.
G. 
An individual wind system that has reached the end of its useful life shall be removed within 180 days of such determination. The individual wind system is considered to have reached the end of its useful life when it has been inoperable for six consecutive months.
H. 
The fee for a zoning permit for an individual wind system shall follow the existing fee structure for permits required of other accessory structures in the zoning district in which the structure is to be located.
I. 
No other uses of the tower shall be permitted, including antennas.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant, or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
NATURAL GAS PROCESSING PLANT
A facility designed and constructed to remove materials such as ethane, propane, butane and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas, which includes "dew point control facilities."
PROTECTED STRUCTURES
Any occupied residence, commercial business, school, religious institution or other public building located within 1,500 feet of a natural gas compressor station that may be impacted by noise, emissions, light or other negative attributes not limited to natural gas compressor stations and associated activities as defined herein.
B. 
Proposed use. The proposed use should be harmonious with and in accordance with the general objectives and with any specific objective of the Township's Comprehensive Plan unless said objectives are in conflict with any local, state or federal law, ordinance or regulation. The proposed use must meet the following conditions:
(1) 
Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the same area.
(2) 
Will not be hazardous or disturbing to existing neighboring uses.
(3) 
Will be served adequately by essential facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer.
(4) 
Will not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic welfare of the community.
(5) 
Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(6) 
Will have vehicular approaches to the property which shall be designed so as not to create interference with traffic on surrounding public thoroughfares.
(7) 
Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of significant importance.
C. 
Application review and approval procedure.
(1) 
An application fee in the amount to be set from time to time by the Board of Supervisors shall be paid by the operator/applicant for the purposes of payment for expenses incurred or to be incurred by the Township for administration of the application. Fees may be adjusted by the Township Board of Supervisors from time to time by resolution. To the extent that the same is not otherwise included or provided, copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units related to the proposed natural gas compressor station shall be submitted to the Township at the time the application for conditional use is submitted to the Township.
(2) 
The operator/applicant of a filed application shall submit a preparedness, prevention and contingency ("PPC") plan at time of filing such application for review and approval by the Township Engineer.
D. 
The natural gas compressor station construction shall comply with the Pennsylvania Uniform Construction Code, as amended.
E. 
Except in an emergency, no outdoor paging systems, including telephonic ring tones, shall be used on-site as a means of communication on the site.
F. 
Operator/applicant shall provide training of Fairview Township first responders and site orientation prior to the issuance of certificate of occupancy. Training shall be at the sole cost and expense of the operator/applicant.
G. 
The applicant shall provide warning/site identification signs posted at the entrance to the site which shall include the following:
(1) 
Operator/applicant name.
(2) 
Unit or site name.
(3) 
Township assigned address.
(4) 
Emergency contact phone number.
(5) 
Hazardous materials on site.
H. 
The minimum setback shall be 1,200 feet from adjacent property lines and from any structure not part of the facility.
I. 
The design standards shall include the following:
(1) 
Compressors and other power driven equipment shall utilize electric motors rather than internal combustion engines. No electric power shall be generated on the site, excepting portable electric generation equipment which shall be permitted only when equipment is located within a completely enclosed building.
(2) 
Compressors shall be limited to five electric-powered compressors located within a completely enclosed building. One internal combustion engine may be utilized as a back-up, but only through a variance from the Zoning Hearing Board. During the periods of operations, doors, windows and similar apertures shall remain closed to ensure maximum noise suppression.
(3) 
The location and design of structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area. The base of the floor in the structure housing the compressor engines must be of concrete.
J. 
Site access:
(1) 
Beginning with its intersection with a public street, any ingress or egress point for the development or facility shall be paved for the first 50 feet and improved with limestone or other material to the entrance of the facility in a manner that no water, sediment or debris will be carried onto any public street, as more specifically prescribed below. If any amount of mud, dirt or other debris is carried onto public or private rights-of-way from the natural gas compressor station site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Township to keep the streets continuously clean. The first 50 feet from the existing edge of pavement extending into the site shall consist of compacted sub grade PennDOT Class 4 geotextile fabric comprised of eight feet AASHTO No. 1 crushed aggregate base course, two feet PennDOT 2A aggregate and six feet Superpave 25 mm binder course.
(2) 
The remainder of the driveway to the facility shall be constructed with eight feet of AASHTO No. 1 crushed aggregate base course and two feet of PennDOT 2A aggregate.
(3) 
Ingress and egress points for all public and private driveways or roadways shall be located and improved.
(4) 
The development or facility shall meet Pennsylvania Code 67, Chapter 441, "Access to and Occupancy of Highways by Driveway and Local Roads," PennDOT Design Manual 2 and Fairview Township Code, Chapter 181 (Ordinance 98-16, "Driveways").
(5) 
The development or facility shall ensure adequate capacity for existing and projected traffic volume.
(6) 
The development or facility shall provide efficient movement of traffic, including appropriate turning radii and transition grade.
(7) 
The development or facility shall minimize hazards to highway users and adjacent property and human activity.
K. 
Equipment:
(1) 
The installation of condensate and salt water tanks shall not exceed the height and area limitation of the zoning district and shall be provided with containment devices as approved by the Township.
(2) 
An approved shroud shall be installed over the flare at the site.
(3) 
Prior to Township approval, a baseline environmental study shall be conducted by an approved person or firm for air and noise quality and emissions.
(4) 
Noise monitoring sensors shall be installed at the property lines of a protected structure to periodically measure noise levels and sound levels at a protected structure.
(5) 
Air monitoring sensors shall be installed at the property lines of a protected structure to evaluate air quality, pollution and emissions.
(6) 
Vapor recovery units, vapor destruction units or the best technology available must be placed on all condensate tanks at the compressor station.
L. 
Operator/applicant shall conduct ambient studies of air, noise, surface water and groundwater in and around the property and submit the same as part of the conditional use application process.
M. 
Operator/applicant shall utilize the most current technology available for sound mitigation and vibration at the site.
N. 
Spill containment:
(1) 
Spill containment shall be provided and designed by a registered design professional of the Commonwealth of Pennsylvania.
(2) 
Containment shall be provided for indoor facilities.
(3) 
Containment shall be provided for all outdoor storage, including stationary vessel to vehicular or portable vessels for transport off site.
O. 
In the event of an emergency, including but not limited to product loss (liquid, gaseous or solid), regardless of quantity of material involved or cause, such as equipment malfunction, fire or explosion, or whether the incident results in injury, fatalities, property damage or any other significant result, the operator/applicant shall immediately notify the Erie County 911 Center, and copies of such incident reports shall be furnished to the Township.
P. 
Video surveillance monitoring equipment shall be installed at the site for security purposes.
Q. 
Property and outdoor lighting shall comply with the Fairview Township Subdivision and Land Development Regulations.[1] Site lighting shall be turned off at night other than emergency lighting and/or lights that will be activated by motion detectors.
[1]
Editor's Note: See Ch. 334, Subdivision and Land Development.
R. 
If Fairview Township reasonably believes the citizens of Fairview Township would be subjected to harmful by-products from the proposed compressor station that may place residents in immediate danger, the Board of Supervisors reserve the right to immediately request that the operator/applicant cease operation until the situation is remedied to Township's satisfaction.
S. 
In the event of an emergency, including but not limited to product loss (liquid, gaseous or solid) regardless of quantity of material involved or cause, such as equipment malfunction, fire, or explosion, or whether the incident results in injury, fatalities, property damage or any other significant result, the operator/applicant shall immediately notify the Erie County 911 Center, and copies of reports shall be provided to the Township within 48 hours following such incident.