Township of North Franklin, PA Article XIII Conditional Uses and Special Exceptions

§ 460-1300 Applicability.

The following supplementary regulations shall govern in all zoning districts where conditional uses and uses by special exception are listed. In reviewing an application for any use which is listed in a zoning district as a conditional use, or use by special exception, the Board of Supervisors or the Zoning Hearing Board, as the case may be, shall determine whether the application complies with the general standards and criteria for conditional uses and uses by special exceptions listed in § 460-1301, as well as the applicable standards and criteria for the specific use listed in § 460-1302.

§ 460-1301 General criteria for granting conditional uses and uses by special exception.

In addition to the specific standards and criteria listed for each use in § 1302, below, all applications for conditional use and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:

A. The use, if it is located on the site where it is proposed, shall not endanger the public health, safety or welfare, nor deteriorate the environment.

B. The use shall comply with the performance standards specified in § 460-1401 of this chapter.

C. The use shall comply with applicable off-street parking and loading requirements specified in Article XI of this chapter.

D. Ingress, egress and traffic circulation on the site shall be designed to ensure safety and minimum congestion and the impact on local streets.

E. Lighting, if proposed, shall be shielded and reflected away from adjoining streets and residential properties.

§ 460-1301.1 Criteria for conditional use applications for oil and gas development and related activities.

To begin the permitting process for oil and gas development, a conditional use application must be filed with the Township in accordance with § 460-1301 et seq. of the Township Code. No hearing will be scheduled until all of the information set forth hereinafter has been received by the Township. In addition to the applicable standards for the zoning district of the proposed use, the express standards and criteria for granting conditional uses contained in the Township Code, the application must contain the following information:

A. Information:

(1) The name and address of the applicant, including the name and telephone number of a local representative;

(2) The mineral and/or oil and gas/lease royalty and surface owner(s);

(3) A copy of the oil and gas or mineral lease (recorded memorandum) and any drilling permits issued by the Commonwealth of Pennsylvania, or if a state permit has not yet been issued, the application, if submitted, shall be attached;

(4) The exact description of the location of the proposed facility/operation;

(5) Setbacks. Certification that the applicable setbacks will be met; and

(6) The name and address of all property owners within 300 feet of the proposed site along with proof that notice of the proposed use was sent to each property owner.

B. Work hours. Provide the proposed time line and hours of development/site work and the use of trucking and heavy equipment during each phase of the process, from initial site preparation to drilling operations and post drilling operations.

C. Road bonding and maintenance. The applicant will review and execute a joint road maintenance agreement with the Township and provide the appropriate bonding and list of subcontracts.

D. Blast study. Operator's application shall contain a blast study showing compliance with the standards contained in the American Petroleum Institute's (API) Recommended Practice 752 and 753.

E. PPC plan. The operator shall provide to the Township's first responders, including Fire Department, Police Department, ambulance service(s), and to the Zoning Officer/Code Enforcement Officer a copy of its preparedness, prevention and contingency ("PPC") plan. Before drilling, the applicant shall confirm, in writing, that the Township's first responders have secured adequate training to deal with any potential dangerous conditions that may result due to construction activities on each site. First responders shall have a minimum of five hours of training per year to meet this standard. Upon request from the Township, the operator will, prior to drilling of its first oil and gas well in Township, make available, with at least 30 days' notice, at its sole cost and expense, one appropriate group training program of up to five hours for first responders. Such training shall be made available at least annually during the period when the operator anticipates oil and gas related activities in the Township.

F. The applicant shall provide a schedule indicating the following dates, which the Township acknowledges is subject to change:

(1) Anticipated site preparation beginnings and endings.

(2) Anticipated drilling or mining activity beginnings and endings.

(3) Anticipated completion (perforating) work to begin and end.

(4) Anticipated simulation (fracturing) work to begin and end.

(5) Anticipated production work to begin and end.

(6) Anticipated plugging date.

(7) Anticipated site restoration.

G. Permits. All applicable, state, local and federal permits must be attached to the application or provided upon issue.

H. Insurance. Operator/applicant and/or its contractors shall as part of the conditional use furnish to the Township a certificate of liability insurance naming the Township as an additional insured. With respect to operations conducted within the Township and showing liability insurance covering commercial, personal injury, and general liability in the amounts not less than $25,000,000 per person, $25,000,000 per occurrence, and $25,000,000 property damage. The operator/applicant shall fully defend, protect, indemnify, and hold harmless the Township, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any negligent, willful or intentional acts of the Township, its department, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage and umbrella coverage. The Township reserves the right to approve said coverage.

I. On-site trailers. Information on the number of trailers anticipated to be located at the site, including essential work trailers and workers' bunk trailers.

J. Review hearings. The operator of an oil and gas development shall meet with the Township annually to discuss new technology, operation procedures, and any community concerns. If the Township deems necessary, after working with the operator, a public meeting may be scheduled to respond to questions from Township residents.

§ 460-1302 Criteria for specific conditional uses and uses by special exception.

In addition to the district regulations specified for all authorized uses in Articles IV to IX, and the general standards and criteria for all conditional uses and uses by special exception specified in § 460-1301, the specific conditional uses and uses by special exception shall be further subject to the following applicable express standards and criteria.

§ 460-1303 Adult business.

A. The lot or property line of any lot containing such business shall not be located within 500 feet of any residence or residential zoning district.

B. The lot, or property line of any lot, containing such business shall not be located within 500 feet of the lot or property line of any religious structure, school facility or public library.

C. The lot, or property line of any lot, containing such business shall not be located within 500 feet of the lot or property line of another adult-oriented business.

D. There shall be no display of adult-oriented materials that can be seen from the exterior of the building.

E. Not more than one adult-oriented business or activity shall be permitted within any one building or lot.

F. No unlawful sexual activity or conduct shall be performed or permitted.

G. The applicant shall demonstrate that the proposed business is in general harmony with the immediate neighborhood and does not create an atmosphere of enticement for minors.

H. No adult business or activity shall change to another type of adult business or activity except upon application to and approval by the Zoning Hearing Board of such change as a special exception subject to the criteria set forth herein.

§ 460-1304 Agriculture.

A. The minimum lot area shall be 10 acres.

B. Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be maintained in safe condition, and shall be secured by a fence at least six feet in height with self-latching gate.

§ 460-1305 Apartment in combination with office or retail.

A. Each dwelling until shall have a minimum habitable floor area of 900 square feet.

B. Dwelling units in basements, garages or other accessory buildings shall not be permitted.

C. The entrance for the dwelling unit or units shall be designed so that it is not necessary to walk through the business establishment to access any dwelling unit; however, the business establishments and the dwelling units may share a common corridor.

D. Dwelling units shall not be permitted on the ground or street floor of any building containing one or more business establishments.

E. Off-street parking shall be provided on the lot in accordance with the rations for each use specified in Article XI of this chapter. Shared parking for residential and business uses shall not be permitted.

§ 460-1306 Auto laundry.

A. The facility shall be connected to public sewers.

B. The entrance to the car wash shall be designed to permit at 10 cars to wait in line one or more lands. Cars shall not be permitted to wait in the public right-of-way.

C. In cases where an auto laundry facility and a gasoline service station are in joint operation, separate means of ingress and egress shall be required for the auto laundry facility form that required for the gas station.

D. All property lines adjoining a residential use or zoning classification shall be screened by a buffer yard measuring at least 10 feet in depth from the property line, as defined by this chapter.

§ 460-1307 Auto service station.

A. The minimum lot area required shall be 21,780 square feet 1/2 acre. The minimum lot width shall be 100 feet.

B. The maximum building length shall be 120 feet and the maximum building height shall be 12 feet or one story, whichever is less.

C. The required setback from any property line adjoining a residential use or zoning classification shall be 150 feet.

D. A separate means of ingress and a separate means of egress shall be provided.

E. All minor repair work, vehicle washing and lubrication shall be conducted within completely enclosed building.

F. All automobile parts, dismantled vehicles and similar materials shall be stored within completely enclosed building.

G. There shall be no more than one motor vehicle per employee and employer, plus the customers' vehicles per repair bay, parked outside an enclosed building at any time.

H. Canopies over gasoline pumps shall be subject to the requirements of § 460-1402(G).

I. Gasoline pumps shall be located at least 40 feet from the center line of the right-of-way of any street.

J. All fuel, oil or similar substances shall be stored at least 25 feet from any property line.

K. All property lines adjoining a residential use or zoning district shall be secured by a buffer area, as defined by this chapter, which is a least 15 feet in depth measured from the property line.

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

M. All lighting shall be shielded away from adjacent properties and streets, and must satisfy the requirements of § 460-1401H.

§ 460-1308 Billboards.

All billboards shall be subject to the express standards and criteria listed in Article XII of this chapter, specifically § 460-1208.

§ 460-1309 Campgrounds.

A. The minimum site required shall be 10 acres.

B. All properties adjoining residential use or zoning classification shall be screened by a buffer area, as defined by this chapter, which is at 20 feet in depth as measured from the property line.

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

D. Adequate sanitary facilities shall be provided on the site for the members of campsites proposed.

E. Developments which include swimming pools shall comply with the provisions of § 460-1402C(1) of this chapter.

F. Developments which include commercial recreational facilities shall also comply with the provisions of § 460-1311.

§ 460-1310 Cleaning and dyeing plants.

A. The minimum site area required shall be two acres.

B. No property line of a lot on which such use is proposed shall be located within 500 feet of any lot containing a single-family dwelling.

C. The application for approval shall be accompanied by a report from a qualified expert documenting compliance with the performance standards specified in § 460-1401 of this chapter.

D. The required setback from all property lines shall be 100 feet.

§ 460-1311 Commercial recreation or outdoor amusement.

A. A minimum site of two acres shall be required.

B. All principal structures shall be located at least 50 feet from any property line.

C. Security fencing at least six feet in height and screening shall be provided along all property lines adjoining a residential use or zoning district. Screening shall be a buffer area, as defined by ordinance, which measure at least 10 feet in depth from the property line.

D. No outdoor speakers shall be permitted.

E. Any facility located within 200 feet of a property line adjoining a residential use or zoning district shall cease operations by 12:00 midnight.

§ 460-1312 Comparable uses not specifically listed.

A. Uses of the same general character as the use permitted by right, conditional use or special exception in the district shall be allowed, if it is determined that the impact of the use on the environment and adjacent streets and properties is equal or less than any use specifically listed in the district. In determining whether the proposed use is of the same general character, the Zoning Hearing Board shall consider such characteristics as the member of employees, the floor area of the building or area of the lot devoted to the proposed use, the type of products, the materials, equipment or services involved, the magnitude of walk-in trade, traffic generation, environmental impacts and similar features.

B. The use shall comply with all applicable area and bulk regulations and any express standards and criteria for the most nearly comparable use specifically listed in the district.

C. Such use shall involve processes and products which are equivalent to the processes and products listed in the uses permitted by right, conditional use or special exception in the district.

D. Such use shall be in harmony with the purpose statement for the district in which it is proposed.

§ 460-1313 Conversion apartments.

A. The lot area per family conform the regulations for the district in which it is located.

B. There shall be no exterior evidence of change in the building except as required by building or housing code.

C. Enclosed fire escapes shall be located in the rear of the building and shall not be located on any wall facing a public street.

D. For efficiency and one bedroom apartments, at least 450 square feet of residential floor area shall be provided for each dwelling unit.

E. For an apartment which has two or more bedrooms, at least 720 square feet of residential floor area shall be provided for each dwelling unit.

F. Conversion of garage areas to dwelling units shall not be permitted.

G. Adequate turnaround areas shall be provided on the lot to accommodate movement of vehicles owned by the residents.

§ 460-1314 Day-care center.

A. The facility shall be licensed by the commonwealth.

B. Ingress and egress to the site shall be designed to assure safety and safe areas for the discharging and picking up children shall be provided which do not interfere with the free flow of traffic on adjacent streets.

C. Outdoor play areas shall be provided and shall be secured by a which is at least four feet in height with a self-latching gate.

D. Off-street parking areas and outdoor play areas which adjoin residential lots shall be screened by a buffer area, as defined by this chapter, which is at least five feet in depth as measured from the property line.

E. The general safety of the site proposed for a day-care center shall be evaluated as it relates to the needs of small children.

F. Day-care homes, as defined by this chapter, shall also meet all of the requirements for a home occupation as stated in § 1319.

§ 460-1315 Drive-in facilities.

A. The required setback from any property line adjoining residential use or zoning classification shall be 150 feet.

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

C. In addition to the required parking areas, a minimum of five standing spaces, in tandem, with a minimum length of 100 feet in direct line with each window or stall shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the site. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.

D. Entrances, exits and standing spaces shall be adequately indicated with pavement markings or directional signs.

E. Parking areas and circulation patterns shall be adequately striped and marking to facilities circulation on the site.

§ 460-1316 Employee dining facilities.

A. The employee dining facility shall be an accessory use located only within a principal structure authorized in the district.

B. The employee dining facility shall be limited to a lunchroom, cafeteria, luncheonette, sandwich or snack shop, automat or similar facility intended to serve only the employees of the principal use on the lot and their invited guests.

C. The employee dining facility shall be open only during normal business hours for the principal use.

D. There shall be no exterior signs or other exterior evidence of the facility.

E. The employee dining facility shall not advertise to the general public.

§ 460-1317 Factory authorized equipment dealers.

A. The minimum site area shall be two acres, and the site shall have frontage on, and direct vehicular access to, an arterial or collector road as defined by this chapter.

B. All property lines adjoining a residential use or zoning district shall be screened by a buffer area, as defined by this chapter, measuring at least 20 feet in depth from the property line.

C. If there is any outdoor sales and display on the site, the provisions of § 460-1330 must also be satisfied. If there is any outdoor storage on the site, the provisions of § 460-1331 must also be satisfied.

D. The area used for the display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously paved in accordance with the Township standards. Detailed drawings shall be submitted for approval by the Township Engineer, indicating the type of surface proposed and the depth and type of paving materials. All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee automobiles and shall not be used for the display of merchandise.

E. A completely enclosed building, with a minimum gross floor area of 2,000 square feet, shall be located on the same lot used for the outdoor display of vehicles or equipment. Such building shall be used for all sales, repairs, and servicing.

F. No vehicles or equipment shall be parking on adjacent properties or in any street right-of-way. No vehicle or equipment shall be displayed outdoors less than 50 feet from the lot lines of adjacent properties.

G. No vehicle or equipment shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof.

H. All lights and light poles shall be located at least 10 feet from any street right-of-way and 100 feet from any property line. 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 of the merchandise displayed outdoors.

I. Except for temporary special event displays, authorized by Article XII, no strings of lights or flags, flashers or other display paraphernalia shall be permitted on the lot, on any structures or poles attached thereto, or on or in the merchandise displayed outdoors, except for such signs otherwise allowed under this chapter.

J. Customer vehicles or equipment with external damage awaiting repairs shall be located either inside a building or in an outdoor area which is screened in such a fashion so that the vehicles will not be visible from public streets or adjacent residential property.

§ 460-1318 Food processing.

A. The minimum site area required shall be two acres.

B. No property line of a lot on which such use is proposed shall be located within 500 feet of any lot containing a single-family dwelling.

C. The application for approval shall be accompanied by a report from a qualified expert documenting compliance with the performance standards specified in § 460-1401 of this chapter.

D. The required setback from all property lines shall be 100 feet.

E. The following processes and products shall not be permitted:

(1) Animal slaughtering or rendering of oils or fats;

(2) Curing of meat or fish;

(3) Pickling, including sauerkraut, pickles, meat or fish;

(4) Breweries or similar fermentation processing using malt, vinegar and/or yeast.

§ 460-1319 Home occupation.

A. In addition to the resident(s) of the dwelling unit where the home occupation is located, only one paid individual may be employed in the dwelling unit as part of the home occupation.

B. No exterior sign or display shall be permitted except a small nonilluminated identification sign containing not to exceed two square feet in total surface area, which shows the name, address and home occupation of the resident of the dwelling.

C. Adequate off-street parking shall be provided as required by Article XI, specifically § 460-1101.

D. The use shall not create any additional environmental impact than those impacts normally resulting from residential use.

E. The use shall not cause any increase in public safety requirements or any other municipal services beyond that which is normal for the residences of the neighborhood.

F. The home occupation shall not generate vehicular (including truck deliveries) or pedestrian traffic, in any greater volume than would normally be excepted in a residential neighborhood. Any need for parking generated by the home occupation shall be met by off-street parking accommodations and shall be in accordance with the regulations established in Article XI, specifically § 460-1101.

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

H. There shall no storage of materials or equipment outside an enclosed building.

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

J. There shall be no regular display of merchandise or samples available for sale on the premises; however, merchandise may be stored for delivery off the premises. Incidental items accessory to the principal service provided in the home occupation may be made available for sale.

K. No more than 15% of the total floor area of the dwelling shall be devoted to the conduct of a home occupation.

L. A home occupation shall not be permitted to be conducted in any accessory structure.

M. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises and commercial vehicles shall not be parked on the premises.

N. Home occupation is deemed to include professional offices of accountants, architects, attorneys, engineers, landscape architects, physicians, dentists and municipal officials.

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

(1) Beauty shops or barbershops which contain more than two chains;

(2) Clinics, hospitals, nursing homes;

(3) Kennels, veterinary offices and clinics;

(4) Mortuaries;

(5) Private clubs;

(6) Private instruction to more than two students at a time;

(7) Auto service station, as defined by this chapter;

(8) Restaurants or tearooms;

(9) Stables;

(10) Tourist or boarding homes; and

(11) Vehicle or equipment rental or repair or sales.

§ 460-1320 Horse boarding and riding academies.

A. Horse boarding and riding academies shall have a minimum site area of 10 acres when proposed as a principal use, or accessory to a farm, or open space subdivision plan.

B. No building housing horses shall be closer than 100 feet to any property line.

C. All property lines adjoining a residential use or zoning district shall be screened by a buffer yard, as defined by this chapter, at least five feet in depth measured from the property line along the property line to adequately protect any adjacent dwelling. This requirement will be eliminated upon submission of a notarized statement from the adjoining property owner indicating that the buffer area is not required as long as he/she owns the adjoining property. Upon the sale of the adjoining property, the owner of the stables (or riding academy) must submit a statement from the new neighbor or comply with the terms of this section concerning buffer yards.

D. All training areas and bridal paths shall be adequately fenced to protect the adjoining properties.

§ 460-1321 Industrial park land development.

A. The minimum site for an industrial park shall be five acres. The minimum lot size within the industrial park shall be 20,000 square feet.

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

C. Within the industrial park, the minimum side and rear yards shall be 20 feet. The minimum side and rear yards on the perimeter property lines of the park shall be 50 feet, unless the adjoining property is in a residential district, in which case the required yard shall be 100 feet.

D. The front yard setback from an arterial or collector road shall be 50 feet. The required front yard setback within the industrial park shall be a minimum of 30 feet.

E. The site plan shall be designed to minimize points of access to the arterial or collector road. The site shall be planned as a unit and uniform signage and landscaping and common parking and loading areas shall be proposed to promote design and efficiency.

F. There shall be no storage of materials or equipment outside a completely enclosed building. All sales shall be conducted within a completely enclosed building.

G. All parking areas shall be located at least 20 feet from any property line which adjoins a residential use.

H. All property lines adjoining a residential use or zoning district shall be screened by a buffer area, as defined by this chapter, which is at least 10 feet in depth, as measured from the property line.

§ 460-1322 Junkyard.

A. The minimum site size shall be five acres.

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

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

D. The manner of storage of junk shall facilitate access for firefighting and shall prevent accumulation of stagnant water.

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

F. The premises shall be enclosed by a metal chain-link fence not less than eight feet in height supported on steel posts within self-latching gate.

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

H. All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least 15 feet in depth measure form the property line. The required fence shall be located inside the buffer area and where a buffer area exists supplemental screening of the fence shall not be required.

I. The operator shall obtain a license from the Township prior to initiating operations which shall be renewable annually upon payment of a fee established by resolution of the Board of Township Supervisors and inspection by the Zoning Officer to determine continuing compliance with these standards.

§ 460-1323 Kennels and veterinary clinics.

A. In the R-1 and R-2 Districts, kennels shall be accessory to a farm or, when proposed as a principal use, shall be a minimum site area of five acres. Veterinary clinics without outdoor kennels shall have a minimum site area of two acres.

B. Outdoor kennels shall be located at least 100 feet from any property line adjoining a residential use or zoning district and at least 50 feet from any other property line.

C. Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence which is at least six feet in height with self-latching gate and shall be screened by a buffer area at least five feet in depth, as defined by this chapter.

§ 460-1324 Landfill.

A. The minimum site shall be 25 acres.

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

C. Landfill operations shall not be conducted within 200 feet of any property lines adjoining a residential use or zoning district.

D. All property lines adjoining a residential use or zoning district shall be screened by a buffer area, as defined by this chapter, at least 35 feet in depth measured from the property line. The buffer area shall be comprised of a combination of earthen mounding and required plantings.

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

F. The applicant shall show compliance with applicable state and federal laws regulating landfills. If requested, the applicant shall submit copies of the approved permits.

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

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

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

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

§ 460-1325 Mobile home parks.

A. The minimum site required for a mobile home park shall be 10 continuous acres.

B. The site of a mobile home park shall be serviced by public water (or a state-approved private water system) and public sewers (or a state-approved private sewage disposal system).

C. Around the perimeter of the mobile home park site there shall be minimum front, side and rear yards of 100 feet each. No portion of an individual mobile home lot may extend into the required perimeter yards. Landscaping, parking and recreational facilities may project into the required perimeter yards if they are at least 20 feet from the exterior property line bounding the site.

D. Individual mobile home lots shall meet the following minimum requirements:

(1) Lot area: 6,000 square feet.

(2) Lot width: 60 feet.

(3) Interior yards:

(a) Twenty five feet from interior access roads.

(b) Thirty feet between parallel ends or sides of mobile homes or other principal buildings.

(c) Fifteen feet between mobile homes and any other accessory building.

E. Support and anchoring. Individual mobile homes shall be placed upon suitable supports to insure that the unit will remain level and free from structural damage. Each mobile home shall be provided with an anchoring system to prevent and resist overturning or lateral movement caused by wind forces. Such anchoring shall be equivalent to or exceed NFPA Standard No. 501A-1974 (ANSI A129.3-1975).

F. Skirting. Each mobile home shall be skirted with an enclosure of compatible design and material. Such skirting shall provide adequate ventilation to inhibit the formation of moisture and decay.

G. Common facilities. No less than 25% of the gross site area of the mobile home park site shall be devoted to common facilities for passive and active recreation limited to use by the residents of the mobile home park. Such common facilities may include, but shall not be limited to, community clubs, swimming pools, tennis courts, parks, playgrounds, shelters, hiking trails, hobby areas, laundries and service buildings for resident use.

H. Screening. All property lines adjoining residential use or zoning district classification shall be screened by a buffer area, as defined by this chapter, which is at least 25 feet in depth as measured from the property line. (See § 460-1409).

I. Ingress, egress and internal circulation shall be designed to ensure safety and access by emergency vehicles and to minimize impact on local roads. The parking and circulation plan shall be referred to the Volunteer Fire Company for comments regarding traffic safety and emergency access.

§ 460-1326 Motel or hotel.

A. The minimum site area shall be one acre.

B. The site shall be serviced by and connected to a public water and sewerage system.

C. The space between the sides of motel buildings shall not be less than 50 feet and the space between the fronts and/or rears of motel buildings shall not be less than 100 feet.

D. No principal structure shall be located closer than 50 feet to any property line.

E. Property lines adjoining a residential use or zoning district shall be screened by a buffer area, as defined by this chapter, at least 20 feet in depth as measure from the property line.

F. All areas of the lot not covered by buildings or paving shall be permanently landscaped and maintained in good condition.

§ 460-1327 Multifamily dwellings in C-2 and C-4 Mixed Commercial District.

A. The site shall be served by public water and municipal sewage.

B. The minimum site area required shall be one acre for garden apartments and townhouses and shall be five acres for mid-rise apartments.

C. The minimum lot width required shall be 150 feet for garden apartments and townhouses and shall be 200 feet for mid-rise apartments.

D. The minimum building setback required shall be 50 feet or 1 1/2 times the height of the tallest building, whichever is greater.

E. Minimum side and rear yards required shall be 50 feet except where the property adjoins a single-family use or zoning district where the required yard shall be 100 feet.

F. The maximum dwelling unit density shall be:

(1) Townhouses: 18 units per acre.

(2) Garden apartments: 18 units per acre.

(3) Mid-rise apartments: 24 units per acre.

G. The maximum lot coverage shall be 35%.

H. The minimum distance between buildings shall be:

(1) Side to side: 20 feet.

(2) Front to front, rear to rear or rear to front: 50 feet.

I. The maximum building length shall be 180 feet for townhouses and garden apartments and 300 feet for mid-rise apartments.

J. The maximum building height shall be 35 feet and three stories for garden apartments and townhouses and 65 feet and six stories and mid-rise apartments.

K. The maximum number of dwelling units per building shall be:

(1) Townhouses: 10 units.

(2) Garden apartments: 24 units.

(3) Mid-rise apartments: 100 units.

L. Multifamily dwellings which do not have direct access to a public street shall be served by a paved driveway which connects with a public street. Such driveway shall be a minimum width of 20 feet and have a maximum width of 25 feet. Parking shall not be permitted on said driveways.

§ 460-1328 Neighborhood commercial center.

A. The minimum site area required shall be three acres. The minimum width of the site shall be 200 feet.

B. The uses proposed in a neighborhood commercial center shall be limited to those specifically listed as permitted uses in the C-1 Neighborhood Commercial District, § 460-402 of this chapter.

C. The site shall be under single ownership and control at the time of application and shall be planned as an integrated unit with uniform signage and an architectural theme and shared parking, loading and ingress and egress.

D. Following approval of the neighborhood commercial center, the site may be further subdivided, provided none of the minimum requirements of the C-1 District are violated and evidence of cross-easements or other legal agreements governing the shared facilities are presented to the Township for review.

E. The minimum distance between buildings shall be 20 feet.

F. The maximum paved area of the site shall be 50%.

G. The minimum distance between points of access to an arterial or collector shall be 100 feet.

H. The minimum required setback from any property line adjoining a single-family use or zoning district shall be 100 feet.

I. All property lines adjoining residential use or zoning district shall be screened by a buffer area, as defined by this chapter, at least 20 feet in depth as measure from the property line.

§ 460-1329 Nursing home.

A. The minimum site required shall be one acre.

B. The minimum front, rear and side yards shall be 40 feet each.

C. The site shall be serviced by public water and sewer. Water volume and pressure shall be adequate for fire protection.

D. Parking shall not be permitted in the front yard.

E. Ingress, egress and internal circulation shall be designed to ensure safety and access by emergency vehicles and to minimize impact on local roads. The parking and circulation plan shall be referred to the Volunteer Fire Company for comments regarding traffic safety and emergency access.

F. All property lines adjoining a residential use or zoning district shall be screened by a buffer area, as defined by this chapter, which is at least 10 feet in depth measured from the property line.

G. The facility shall be licensed by the commonwealth.

H. Nursing homes shall have a minimum bed capacity of 20 beds and a maximum capacity of 200 beds.

I. Nursing homes shall not be considered dwelling units and shall not be governed by the dwelling unit density of the district in which they are proposed.

J. Adequate open space shall be provided for outdoor activity, consistent with the needs to the residents.

§ 460-1330 Outdoor sales and display.

A. No movable vehicle such as a truck or trailer shall be used for outdoor sales or display, unless the owner has applied for and obtained a transient merchant license from North Franklin Township.

[Amended 11-12-2019 by Ord. No. 7-2019]

B. The outdoor sale or display area shall not reduce the area required for off-street parking or loading for the principal use, nor shall its location interfere with the free flow of traffic on the site or the use of any off-street parking or loading area.

C. The outdoor sale or display area shall not be located within 50 feet of any property line adjoining a residential or zoning district.

D. If the outdoor sale or display area is for seasonal use and involved the erection of a temporary structure, the temporary structure shall be removed within 48 hours of the termination of the seasonal storage or display.

§ 460-1331 Outdoor storage.

A. Outdoor storage is permitted only in the rear yard area of a business and must comply with the side and rear yard setbacks; it is not permitted in any required front or side yard.

B. The outdoor storage area shall not reduce the area required for off-street parking or loading for the principal use, nor shall its location interfere with the free flow of traffic on the site, or the use of any off-street parking or loading area.

C. Storage areas open to vehicles shall be paved with asphalt surfacing, crushed rock, or other dust-free materials.

D. Outdoor storage of any article or material must be screened from view by opaque fencing, screening or landscaping including plantings, earthen mounds, or existing topography, to assure that it cannot be seen from adjoining public streets or adjacent residential uses or residentially zoned properties and to assure no adverse effect on adjacent property. The height of the stoned materials may not exceed the height of the screening. Plans for screening must be submitted along with an application for a storage yard, for review and approval by the Planning Commission.

E. Storage of corrosive, flammable, or explosive materials must comply with all federal, states, and local environmental and public safety requirements.

F. All organic rubbish, or waste materials, shall be stored in airtight vermin-proof containers.

G. The unsafe storage or waste or hazardous materials that creates a pollution threat or a fire hazard, or is an attraction to rodents or insects, is not permitted.

H. No moveable vehicle, such as truck or trailer, shall be used for outside storage or display.

I. The outside storage area shall not be located within 150 feet of any property line adjoining a residential use or zoning district.

J. The outdoor storage area shall be secured to prevent access by the general public during nonbusiness hours.

K. If the outdoor storage area is proposed for seasonal use and involves the erection of a temporary structure, the temporary structure shall be removed within 48 hours of the termination of the season storage or display.

§ 460-1332 Personal care boarding home.

A. The minimum lot size for a personal care boarding home is one acre.

B. A personal care boarding home shall have frontage on, and direct vehicular access to, an arterial or collector road, as defined by this chapter.

C. The minimum yard requirements shall be equal to the applicable district regulations.

D. Where applicable, certification or licensing by the sponsoring agency shall be a prerequisite to obtaining a certificate of occupancy. A copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer on an annual basis.

§ 460-1333 Private, commercial, or public recreational facility.

A. Golf courses shall have a minimum site of 10 acres; all other recreational uses shall have a minimum site of one acre.

B. Principal buildings shall be located at least 100 feet from any property line adjoining residential use or zoning classification and at least 50 feet from all other property lines.

C. Principal buildings which are located within 300 feet of a residential use or zoning classification shall be screened by a buffer area, as defined by this chapter, which is at least 10 feet in depth measured from the property line.

D. Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for the recreational use.

E. Operations shall be discontinued between the hours of 2:00 a.m. and 6:00 a.m.

F. Swimming pools shall be subject to the provisions of § 460-1402D(2).

G. No storage of equipment or materials shall be permitted outside a completely enclosed building unless they are screen from residential properties or public streets by a six-foot-high hedge or opaque fence.

H. No outdoor loudspeakers shall be permitted if single-family dwellings are located within 500 feet of any property line of the site containing the recreational use.

§ 460-1334 Private stables or hobby farms.

A. In the R-1 District, a private stable or hobby farm form personal use and enjoyment shall be permitted on a tract of land which does not meet the acreage requirement for a farm, as defined by this chapter. A tract of at least three acres, but less than 10 acres, may be used for a private stable and/or a hobby farm. A hobby farm may include any of the activities encompassed by agriculture, as defined by this chapter.

B. The hobby farm shall be restricted to personal use and enjoyment and any sale of animals or product shall not constitute the principal economic activity of the residents of the hobby farm. Roadside stands authorized by § 460-1406 of this chapter shall not be permitted on hobby farms, however, a temporary sign which shall not exceed six square feet in surface area may be erected on the property at least 10 feet from any street right-of-way or property line to advertise the sale of agricultural products raised on the hobby farm.

C. The number of animals maintained on a hobby farm, if any, shall be reasonably related to the size of the property, the area available for grazing and the capacity of the land to sustain the animals without creating a nuisance.

D. A private stable shall be for the personal use and enjoyment of the owner and shall not involved rental, boarding or any other profit-making activity.

E. All stables or other buildings in which animals are kept and storage or manure shall be located as far from property lines as is reasonable, and in no case shall a stable or other building in which animals are kept or storage of manure be located closer than 100 feet to an occupied dwelling, other than the stable owner's dwelling; however, in no case shall the stable or other building in which animals are kept or storage of manure be located closer than 50 feet to any property line.

F. No grazing of any animals shall be permitted closer than 100 feet from any occupied dwelling, including the stable or hobby farm owner's dwelling.

G. A stable or hobby farm owner shall not permit litter and droppings from the horses or other animals to collect so as to result in the presence of fly larvae or objectionable odors.

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

§ 460-1335 Public or quasi-public community facility.

A. The minimum site required shall be one acre.

B. The required setback from any property line which adjoins a single-family use or zoning district shall be 50 feet.

C. All property lines adjoining a residential use or zoning district shall be screened by a buffer area, as defined by this chapter, at least 15 feet in depth as measure from the property line.

D. No storage of equipment or materials shall be permitted outside a completely enclosed building unless they are screened from view from residential properties or public streets by a six-foot-high hedge or opaque fence.

E. The site proposed for a hospital or any other regional facility which provides service to persons outside the Township shall have direct access to an arterial or collector road as defined by this chapter.

F. All sites shall be served by public water and sewer facilities, and water pressure and volume shall be adequate for fire protection.

G. Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles. The parking and circulation plan shall be referred to the Police Chief and Volunteer Fire Company for comments regarding traffic safety and emergency access.

H. Adequate security shall be provided for the facility during hours when it is not in operation.

I. In the case of a hospital, private use helipads may be proposed, provided all of the following standards are met:

(1) Helipads shall be located at least 100 feet from any property line or public street.

(2) Helipads shall be limited to use by emergency services and health systems.

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

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

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

(6) 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.

(7) All lighting shall be shielded away from adjacent properties.

§ 460-1336 Public service facility.

A. Fire, ambulance, rescue and other emergency service and government buildings of a municipal or volunteer nature must be situated on a lot with a minimum size of one area.

B. The required setback from any property line which adjoins a single-family use or zoning district shall be 50 feet.

C. All property lines adjoining a residential use or zoning district shall be screened by a buffer area, as defined by this chapter, at least 15 feet in depth as measure from the property line.

D. Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles. The parking and circulation plan shall be referred to the Police Chief and Volunteer Fire Company for comments regarding traffic safety and emergency access.

E. No storage of equipment or materials shall be permitted outside a completely enclosed building unless they are screened from view residential properties or public streets by six-foot-high hedge or opaque fence.

F. All lighting shall be shielded away from adjacent properties.

§ 460-1337 Public utility transmission facility.

A. No storage of moveable equipment or material shall be permitted outside a building.

B. Distribution equipment, which is not enclosed by a building, shall be secured by a fence at least six feet in height with self-latching gate and shall be adequately screened by a six-foot compact evergreen planting area along all property lines adjacent to residential uses on zoning districts.

C. Uses involving towers or other distribution structures which exceed the height limitations of the district shall be required to increase the yard clearance required for the structure by one foot for every two feet in excess of the district's height limit.

§ 460-1338 Radio, TV, communications towers and wireless communication facilities (WCF).

[Amended 11-12-2019 by Ord. No. 8-2019]

A. The tower may exceed the height limitations of the zoning district in which it is proposed by a maximum of 25 feet.

B. The height of the tower shall be subject to any applicable airport zoning regulations.

C. A statement prepared by a registered professional engineer must be submitted indicating that the proposed yard area is adequate to prevent any damage to neighboring structures from ice fall. The tower shall be set back from all property lines at least as many feet as its height, including top-mounted accessories, and must be adequate to accommodate any ice fall as indicated in the registered professional engineer's statement.

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

E. The applicant shall submit evidence that the tower and its method of installation has been designed a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and ice loads.

F. A six-foot-high chain-link or similar security fence with self-latching gate shall be required around the tower to limit accessibility to the general public.

G. General requirements for all wireless communications facilities. The following regulations shall apply to all wireless communications facilities:

(1) Standard of care. Any WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, where applicable. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(2) Additional documentation. As part of the application for any WCF requiring conditional use approval, the applicant shall:

(a) Submit a completed Township-supplied checklist to ensure the completeness of the WCF application. All items delineated on the checklist will be required to be submitted with the application. The Township Zoning Officer may review all elements of the application and checklist with the applicant prior to formal submission.

(b) Execute a valid contract for professional services with the Township to allow for review and processing of the WCF application. Such contract for professional services shall also allow for recovery of expenses incurred by the Township in its review of the WCF application.

(3) Wind and ice. All WCF structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

(4) Aviation safety. All WCF shall comply with all federal and state laws and regulations concerning aviation safety.

(5) Public safety communications. WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(6) Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(7) Financial security. Prior to receipt of a zoning permit for the construction or placement of a WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the WCF. Said financial security shall remain in place until the WCF is removed.

(8) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

(a) The WCF shall be fully automated and unattended daily and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the facility to promote the safety and security of the Township's residents.

(c) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(9) Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(10) Historic buildings. No WCF may be located upon any property, or on a building or structure, that is listed on either the National or Pennsylvania Registers of Historic Places or is listed on the official historic structures and/or historic districts list maintained by the Township or has been designated by the Township to be of historical significance.

(11) Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

(12) Equipment location. WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

(a) In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 24 inches of the face of the curb.

(b) Ground-mounted accessory equipment that cannot be placed underground shall be screened, to the fullest extent possible, using landscaping or other decorative features to the satisfaction of the Township.

(c) Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

(d) Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner.

(e) Any underground vaults related to WCFs shall be reviewed and approved by the Township.

(13) Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a) The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

(b) The operations of the Township or other governmental entity in the right-of-way;

(c) Vacation of a street or road or the release of a utility easement; or

(d) An emergency as determined by the Township.

(14) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section.

H. General and specific requirements for non-tower wireless communications facilities.

(1) The following regulations shall apply to all non-tower WCF:

(a) Permitted in all zones subject to regulations. Non-tower WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

(b) Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section.

(c) Nonconforming wireless support structures. Non-tower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

(d) Removal. If use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF, or portions of WCF, shall be removed as follows:

[1] All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

[2] If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(e) Insurance. Each person that owns or operates a non-tower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

(2) The following regulations shall apply to all co-located non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached and/or fall under the Pennsylvania Wireless Broadband Collocation Act:[1]

(a) Building permit required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Township. To be considered for such building permit, the WCF applicant must submit an application to the Township in accordance with applicable permit policies and procedures.

(b) Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Township's sixty-day review period.

(c) Accessory equipment. Ground-mounted accessory equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

(d) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.

[1] Editor's Note: See 53 P.S. § 11702.1 et seq.

(3) The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:[2]

(a) Prohibited on certain structures. No non-tower WCF shall be located on traffic signals, single-family detached residences, single-family attached residences, two-family residences, or any residential accessory structure.

(b) Conditional use authorization required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a conditional use authorization from the Township. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in this chapter.

(c) Development regulations. Non-tower WCF shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:

[1] The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.

[2] In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower WCF. Such documentation shall be analyzed on an individual basis.

[3] If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the requirements of the applicable zoning district.

[4] A security fence of not less than six feet and not more than eight feet shall surround any separate communications equipment building. The top of such security fence may have barbed wire attached to it. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(d) Design regulations. Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(e) Removal, replacement and modification.

[1] The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the number of antennas.

[2] Any material modification to a WCF shall require notice to be provided to the Township and possible supplemental permit approval to the original permit or authorization.

[2] Editor's Note: See 53 P.S. § 11702.1 et seq.

I. Regulations applicable to all non-tower WCF located in the public rights-of-way. In addition to the applicable non-tower WCF provisions listed in § 155-59A(1) and B(1),[3] the following regulations shall apply to non-tower WCF located in the public rights-of-way:

(1) Location. Non-tower WCF in the ROW shall be located or co-located on existing poles, such as existing utility poles, light poles, or other available infrastructure. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the Township's approval. The WCF applicant shall provide the Township with copies of any agreements from owners of poles or other support structures authorizing the use/occupancy of such structures.

(2) Design requirements.

(a) WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and proportionate to the structures upon which they are mounted as determined by the Township Board of Supervisors. All equipment shall be the smallest and least visibly intrusive equipment feasible.

(b) Antennas and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

[3] Editor's Note: So in original.

J. General and specific requirements for all tower-based wireless communications facilities.

(1) The following regulations shall apply to all tower-based wireless communications facilities.

(a) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 1,000 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.

(b) Conditional use authorization required. Tower-based WCF are permitted in certain zoning districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.

[1] Prior to the Township Board of Supervisors' approval of a conditional use authorizing the construction and installation of tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Township Board of Supervisors that the WCF applicant cannot adequately extend or infill its communications system using alternative equipment installed on existing structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed to serve the WCF applicant's service area and that no other viable alternative location exists.

[2] The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

[3] Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Township Board of Supervisors that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

[4] The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.

(c) Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, an engineer or engineers registered in Pennsylvania shall issue to the Township a signed, written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association. In addition, the permittee's engineer shall issue to the Township a signed, written certification of the proper construction of the foundation and the erection of the structure upon completion of the tower-based WCF.

(d) Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted a nonspecular, medium gray color or another color approved by the Township Board of Supervisors or shall have a galvanized finish. All tower-based WCF and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

(e) Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building or sited on land owned and maintained by the Township. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-half-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

[1] The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

[2] The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

[3] Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

[4] In the opinion of the Supervisors, a commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

(f) Visual impact analysis. A visual impact analysis shall be done for all tower-based WCF and shall accomplish the following:

[1] Delineate the viewsheds from the structure's location on a 7.5-minute topographic map as required for the type of use. Indicate the location of all public use areas on this map.

[2] Delineate line-of-sight profile transects every 15° or less on the above map. Additional transects may be necessary where there is a concentration of public use areas.

[3] Prepare separate and scaled line-of-sight profiles for each transect. These profiles should be drawn on graph paper at a scale of one inch equals 1,000 feet (horizontal) and one inch equals 100 feet (vertical), depicting both existing topography, public use areas and the overall height of the proposed structure.

[4] Delineate by shading all areas on the map within a five-mile radius of the proposed structure where it could be visible based on topography alone using the line-of-sight profiles.

[5] Assess the nature and extent of the structure's actual visibility from each identified public use area. This step is to include identification of any screening of the structure provided by intervening vegetation, buildings, etc. A brightly colored balloon or collection of balloons may be the best target for this step; other permitted targets include a tarp, scaffolding or a crane.

[6] Delineate by contrasting on the map all public use areas and portions of these areas from where the structure will be visible. Provide a description of the structure's visibility in terms of what will be seen, distance from the structure to the viewing point, the location, type and height of intervening vegetation and, for roads and trails, the duration of view to the traveling public. Also, provide representative high-quality photographs from each such area keyed to the map and superimposing the approximate configuration of the structure and denoting the location of the target. Provide separate representative line-of-sight profiles of actual visibility from each such area depicting the structure, existing topography and heights of intervening vegetation.

(g) Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF which increases the overall height of such WCF shall first obtain a permit from the Township. To the extent permissible under law, nonroutine modifications shall be prohibited without a permit.

(h) Gap in coverage. To be considered for approval, a WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage.

(i) Additional antennas. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCF where technically and economically feasible.

(j) Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed 180 feet in the Commercial/Industrial District or 100 feet in the Open Space/Resource Conservation District, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations.

(k) Accessory equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal cabinets placed on a single concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna space on the tower-based wireless communications facility greater than 40 feet.

(l) Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

(m) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.

(n) Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the WCF applicant, in writing, of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

(o) Removal. If use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

[1] All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.

[2] If the WCF and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

[3] Any unused portions of tower-based WCF, including antennas, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

(p) FCC license. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(q) Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

(2) The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:

(a) Development regulations.

[1] Tower-based WCF shall not be located in or within 50 feet of an area in which utilities are primarily located underground.

[2] Tower-based WCF are permitted outside the public rights-of-way in the following zoning districts by conditional use, subject to the above prohibition:

[a] CI Commercial Industrial District.

[b] Open Space/Resource Conservation District.

[3] Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure's height.

[4] Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

[a] The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

[b] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.

[c] Minimum setbacks.

[i] The foundation and base of any tower-based WCF to be located within a Commercial/Industrial District shall be set back a minimum of 100 feet or the height of the tower-based WCF, whichever is larger, from any adjoining property line (not lease line). The distance from any other structure shall be at least 110% of the height of the proposed tower-based WCF. No tower-based WCF shall be erected within 500 feet of the boundary line separating a residential district from a Commercial/Industrial District.

[ii] The foundation and base of any tower-based WCF to be located within an Open Space/Resource Conservation District shall be set back a minimum of 500 feet from any adjoining property line (not lease line). The distance from any other structure shall be at least 100% of the height of the proposed tower-based WCF. No tower-based WCF shall be erected within 2,000 feet of the boundary line separating a residential district from an Open Space/Resource Conservation District.

[d] No tower-based WCF shall be located within 1,000 feet of another tower.

(b) Design regulations.

[1] To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township Board of Supervisors.

[2] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[3] Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

(c) Surrounding environs.

[1] Other than dead or dying vegetation, no vegetation may be cut or otherwise removed, other than that necessary to construct or operate the WCF, without the prior approval of the Township. All areas disturbed to construct or operate the WCF shall be graded to conform to the existing topography and shall be planted with vegetation indigenous to the site, as required by the County Conservation District.

[2] The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

(d) Fence/screen.

[1] A security fence having a minimum height of six feet and a maximum height of eight feet shall surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

[2] Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. Such landscaping shall be subject to the approval of the Township Board of Supervisors.

(e) Accessory equipment.

[1] Ground-mounted accessory equipment associated or connected with a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.

[2] All accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(f) Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. The access road shall be a minimum of 12 feet in width. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

(g) Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

(3) The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way.

(a) Location and development standards.

[1] Tower-based WCF 40 feet or shorter in height are prohibited in areas in which utilities are located underground.

[2] Tower-based WCF 40 feet or shorter in height shall not be located in the front facade area of any structure.

[3] Tower-based WCF 40 feet or shorter in height shall be permitted along certain collector roads and arterial roads throughout the Township, regardless of the underlying zoning district. A map of such permitted roads is kept on file at the Township Zoning Office.

(b) Design regulations.

[1] The WCF shall employ the most current stealth technology available. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

[2] Tower-based WCF in the public ROW shall not exceed 40 feet in height.

[3] To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the Township and shall not increase the overall height of the tower-based WCF to more than 40 feet.

[4] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(c) Reimbursement for ROW use. In addition to permit fees as described in this section, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.

§ 460-1339 Residential hotels.

A. The minimum residential floor area per rental unit shall be 400 square feet.

B. Parking shall not be permitted in the required front yard.

C. All parking areas which adjoin property lines in a residential zoning classification shall be screened by a buffer area, as defined by this chapter, which is at least six feet in depth as measured from the property line.

D. Adequate turnaround area shall be provided on the site to accommodate movement of vehicles owned by the residents.

E. Adequate provision shall be made for access by fire and emergency medical vehicles.

§ 460-1340 Sale or storage of products not manufactured on site.

A. The sale or storage of products not manufactured on-site shall be limited to those products which are related to or by-products of the principal use on the site.

B. No more than 25% of the total floor area of all buildings on the site shall be devoted to the sale or storage of products not manufactured on-site.

C. All sales and/or storage of products shall be conducted within a completely enclosed building.

D. No shipping or receiving shall be permitted within 300 feet of a property line adjoining a residential zoning district between the hours of 6:00 p.m. and 8:00 a.m.

§ 460-1341 Shopping center.

A. The minimum site area required shall be eight acres. The minimum width of the site shall be 600 feet.

B. The uses proposed in a shopping center shall be limited to those specifically listed under the C-2 Regional Commercial District in § 460-402 of this chapter.

C. The site shall be under single ownership and control at the time of application and shall be planned as an integrated unit with uniform signage and architectural theme and shared parking loading and ingress and egress.

D. Following approval of the shopping center, the site may be further subdivided, provided none of the minimum requirements of the C-2 District violated and evidence of cross-easements or other legal agreements governing the share facilities are presented to the Township for review.

E. The minimum distance between points of access to an arterial or collector road shall be 400 feet.

F. The maximum length of any building shall be 400 feet.

G. The minimum required front yard shall be 100 feet.

H. The minimum required side and rear yards shall be 50 feet, except that any yard adjoining residential use or zoning classification shall be 150 feet.

I. All property lines adjoining residential use or zoning district shall be screened by a buffer area, as defined by this chapter, which is at least 20 feet in depth as measured from the property line.

§ 460-1342 Supporting commercial facilities.

A. Supporting commercial facilities shall only be permitted in developments containing 100 or more multifamily dwelling units.

B. The supporting commercial facilities shall be designed primarily to serve the residents of the multifamily development.

C. The supporting commercial facilities may include convenience commercial uses such as: delis, restaurants or convenience food stores, drugstores, professional offices, newsstands, card and gift shops, branch banks, laundry or dry cleaning pickup, beauty shops or barbershops or other personal services and similar facilities.

D. The supporting commercial facilities shall be located only on the ground or street floors of a multifamily residential building.

E. The total floor area devoted to the supporting commercial facilities shall not exceed 15% of the total floor area devoted to residential use.

F. The maximum surface area of any business identification sign for any supporting commercial facility shall not exceed 12 square feet.

G. The business identification sign shall be attached to the wall of the building in which it located. Freestanding ground or pole signs shall not be permitted for supporting commercial facilities.

§ 460-1343 Temporary mobile homes.

A. The lot shall comply with the minimum area and bulk regulations for the district in which it is located.

B. If a permanent foundation is not installed, the mobile home shall be placed upon suitable supports so that the unit will be level and free from structural damage, shall be anchored to prevent and resist overturning or lateral movement caused by wind forces, and shall be skirted with a complete enclosure of compatible design and material which provides adequate ventilation to inhibit the formation of moisture and decay.

C. A mobile home may be authorized as a second dwelling on a lot for temporary living quarters under special circumstances, including, but not limited to:

(1) As an accessory building by workmen during the construction of an approved principal building on the same lot, subject to the issuance of a temporary building permit by the Zoning Officer; or

(2) For accessory housing of handicapped or elderly relatives of the owner or owners.

D. In approving the application, a condition shall be attached to permit the temporary mobile home for maximum period of one year. At the end of the one-year period, the mobile homes shall be removed or shall be installed as a permanent dwelling in accordance with all requirements for the permanent placement of mobile homes on individual lots. The owner may apply to the Zoning Hearing Board for an extension and after conducting a hearing, the Zoning Hearing Board shall consider whether special circumstances warrant an extension of the approval time period.

§ 460-1344 Ventilator shafts.

A. There shall be no removal of minerals or vegetative cover within 200 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

B. Mineral removal shall be prohibited in watersheds of rivers or streams now or hereafter designed by the Pennsylvania Fish Commission as a Wilderness Trout Stream, by the Pennsylvania Department of Environmental Protection as part of the Scenic Rivers System or design under the Federal Wild and Scenic Rivers Act.[1]

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

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

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

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

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

G. No mineral removal shall be conducted within 500 feet of any occupied dwelling, unless the consent of the owner of the dwelling has been obtained in advance of the filling of the application for zoning approval.

H. No top of slope or quarry wall shall be located closer than 100 feet to any property line or street right-of-way line.

I. Portions of the site where mineral removal operations are conducted shall be fenced with a six-foot-high fence which shall be secured when the site is not operating.

J. Screening may be required to protect adjacent properties.

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

(1) Lawful existing or permitted uses of adjacent properties.

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

(3) Any flood-prone or landslide-prone areas within the Township.

L. 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.

M. 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.

N. The applicant shall provide reclamation plans for the site which demonstrate that the condition of the land after the operation is completed will allow economical 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.

O. 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 comply with designated weight limited on state, county and Township roads and shall design the hauling routes for the mineral removed operations to minimize the impact on local roads with the Township.

P. Deep mine openings and aboveground structures shall not be located within 100 feet of any property line or within 500 feet of any existing dwelling. Ventilating structures shall be located so as to comply with the Performance Standards of Section 14-1 regarding noise and to minimize noise impacts on adjoining property.

Q. The minimum lot area required for a mine portal shall be five acres, provided adequate area for employee parking can be accommodated on the lot.

R. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state or federal permits, including proof of insurability, before initiating any work and of maintaining 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 shall result in the suspension or revocation of zoning approval.

S. Conditional use approval shall expire if work authorized in the conditional use application is not commenced within 90 days of the date of approval of the application by the Supervisors, unless the applicant submits a written request for an extension to the Supervisors prior to the expiration of the 90 days explaining the reasons for the delay in initiating work and the Supervisors approve the request.

T. Once work is imitated under an approved conditional use application, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Supervisors. An application for renewal of zoning approval must be submitted prior to the date of expiration of zoning approval and can be granted by the Zoning Officer upon demonstration by the applicant that all conditions of the conditional use approval 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. Upon expiration or revocation of zoning approval for the conditional use, the applicant may reapply for conditional use approval.

§ 460-1345 Wholesale commercial.

A. The site shall have direct access to an arterial or collector street, as defined by this chapter.

B. All materials and equipment shall be stored within a completely enclosed structure.

C. No shipping or receiving shall be permitted within 300 feet of property in a residential district between the hours of 6:00 p.m. and 8:00 a.m.

D. All property lines adjoining residential use or zoning classification shall be screened by a buffer area, as defined by this chapter, which is at least 20 feet in depth as measured from the property line.

§ 460-1346 Oil and gas development.

A. Minimum lot size. The minimum lot size for an oil and gas development shall be 20 acres. Contiguous properties can be combined to meet the minimum acreage requirements if the properties being combined are adjoining each other. All setbacks shall be measured from the exterior boundary lines of the combined parcel area.

B. Setbacks. The following setbacks shall apply for oil and gas development unless specifically stated otherwise:

(1) Unconventional well.

(a) Five hundred feet from the well bore/well head to an existing building, unless the owner of the building provides written consent.

(b) Two hundred feet from the well bore/well head to any solid blue lined stream, spring or body of water as identified on the most current 7 1/2 minute topographic quadrangle map of the United States Geological Survey.

(c) Three hundred feet from an unconventional well bore/well head to any solid blue lined stream, spring or body of water as identified on the most current 7 1/2 minute topographic quadrangle map of the United States Geological Survey.

(d) Three hundred feet from unconventional well bore/well head to wetlands greater than one acre in area.

(e) Two hundred feet from the well bore/well head to wetlands greater than one acre in area.

(f) Seven hundred fifty feet from the well bore/well head to any protected structure, unless owner of the protected structure provides written consent.

(2) Conventional wellhead.

(a) Three hundred feet from the well bore/well head to an existing building.

(b) Two hundred feet from the well bore/well head to any solid blue-line stream, spring or body of water as identified on the most current 7 1/2 minute topographic quadrangle map of the United States Geological Survey.

C. Sound. A sound study may be conducted by the operator prior to any activity beginning on the site to demonstrate that sound will not exceed the permitted decibel levels for the applicable zoning district as set by Township ordinance or the applicable standard imposed by state or federal law, whichever is less. In the event of multiple zoning districts within the Township, the more restrictive sound level standards shall govern. In the event that contiguous properties are combined for the oil and gas development, the permitted decibel levels shall apply at the exterior boundary line of the combined parcel area. In the event operator is unable to comply with the stated standards, it must put in place measures that may include, but shall not be limited to:

(1) Sound walls/noise barriers. The erection of sound walls/noise barriers to bring the dBa within acceptable levels.

(2) Enclosure. Enclosure of sound-generating equipment in a sound-reduction structure that conforms to the character of the zone in which it exists. All applicable development plans, permits and regulations shall apply to the enclosure. During normal operations, the structure shall remain fully enclosed, with all doors and windows remaining closed unless during times of egress.

(3) Mufflers. Equipment of internal combustion engine or compressor with an exhaust muffler or an exhaust box. Said muffler/box shall be constructed of noncombustible material designed and installed to suppress sound and disruptive vibrations.

(4) Obtain a release waiver of the applicable noise requirements from the owners of the impacted property.

D. Lighting. Operator shall place lights, to the extent practicable taking into account safety considerations, at locations so as to avoid shine directed at public roads, protected structures and adjacent dwellings and buildings.

E. Security measures. Adequate security measures shall be in place at all times to protect well sites and may be subject to amendment based upon Township's review and feedback during the course of operations.

F. Access roads. Access to any oil and gas development shall be designed to ensure safety and reduce inconvenience to adjacent properties. The following shall also apply:

(1) The access road to the well site, beginning with its intersection with a paved Township road, shall be paved for the first 100 feet and the remainder constructed with materials that reasonably minimize water, sediment or debris carried onto any public road.

(2) All access roads shall be constructed and maintained to prevent dust and mud to the surrounding area. Operator, at its discretion, is to implement reasonable dust abatement measures, during dry weather conditions and under no circumstances shall brine water, sulfur water or water in mixture with any type of hydrocarbon be used for dust abatement.

G. Truck routes.

(1) The applicant shall submit a road use plan showing the proposed routes of all trucks to be utilized for hauling equipment, supplies and the like and the estimated weights of those trucks and the estimated number of trucks entering and exiting the well site on a daily basis. In conjunction with the Township, the applicant shall design the hauling routes to and from the facility to minimize the impact on local roads. At no time shall any overweight vehicle travel upon any Township roads, or portion thereof, other than the specified portion of Township roads for which security has been provided.

(2) The operator shall also coordinate its truck route with the local school bus schedules, which shall be provided to the Township by the operator.

H. Signage, site identification. The well site signage shall comply with act of February 2, 2012 (P.L. 67, No. 9) (Act 9), codified at 35 Pa.C.S.A. § 7321 (relating to unconventional well 911 emergency response information), as amended.

I. Operating times. All site preparation and preproduction activities on the well site, as well as access road maintenance, site reclamation activity and other ongoing ancillary activities shall be permissible Mondays through Saturdays (with the exception of federal and/or state holidays) between the applicable hours of operation as set forth in the Township Code or as otherwise authorized by the Board of Supervisors. The active drilling phase and completions (hydraulic fracturing) are exempt from this subsection.

J. Impoundments. The operator will provide the following information to the Township where an operator constructs an impoundment within the Township:

(1) A copy of the DEP impoundment permit, if applicable, must be provided at the time of application or when available;

(2) Chain-link fencing must be installed around any impoundment and shall be at least eight feet in height;

(3) All impoundments must implement noise-reduction measure in addition to those required to meet the applicable noise requirements of the zoning district. Additional noise-reduction measures may include sound walls, earthen barriers, etc.;

(4) Thirty-day advance written notice must be provided when transitioning from freshwater to reuse water storage and the applicant must provide a copy of the revised DEP permit when available;

(5) The applicant shall provide a copy of the notice of termination to the Township upon reclamation of the impoundment;

(6) Any storage of hazardous waste at the impoundment will require signage in accordance with federal law;

(7) Any DEP-reportable spills must be reported to the Township within 24 hours of the incident; and

(8) Must comply with the applicable provisions contained in § 460-1348 of the Township Code.

K. Water storage. In the event a certified water storage facility (small, medium, large or MLVT) shall be placed on the site, it shall be subject to the provisions contained in § 460-1348 of the Township Code. Separate conditional use approval shall not be required for a certified water storage facility located on site and used as an accessory to an oil and gas development.

L. Engine and motor enclosures. All engines and motors not involved in the active drilling/fracturing phase but used to facilitate the movement of gas or regulate the pressure of gas must be enclosed and have remote/local safety shutdowns.

M. On-site trailers. Operator must identify the number of temporary trailers at the well site that accommodate rest and meals for essential personnel during the drilling phase of operations and such temporary trailers are subject to applicable permit fees. Temporary trailers used to store equipment and used as office space at the well site are not subject to fees.

N. Pipeline information. Any oil or gas pipelines and/or temporary water pipelines running from the well site shall be subject to the provisions contained in § 460-1704 herein.

O. State and federal compliance. The operator shall comply with all applicable state and federal regulations. The operator shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits associated with the well site.

P. Supplemental regulations. The facility must meet all of the supplemental regulations of the Township Code of Ordinances. Any and all uses categorized as conditional uses, in addition to the specific conditions set forth herein, shall be subject to the general and supplemental standards contained in the applicable zoning district(s); and may be further subject to additional conditions and safeguards as deemed necessary and appropriate by the Township to protect the health safety and welfare of the Township and its residents.

§ 460-1347 Compressor stations and processing plants.

A. Must comply with all applicable provisions of § 460-1346, Oil and gas development.

B. Environmental study. Operator/applicant shall provide Township with a copy of the DEP application and permit (upon approval) including all studies related to air and noise quality and emissions.

C. Written summary. Applicant must include a written summary of how the compressor station or processing plant will operate.

(1) Information on the method of transportation for the processed gas/liquids to market (pipelines, Township roads, etc.)

(2) Overall site development time frame and calendar.

D. Lot size regulations.

(1) The minimum lot size for a processing plant shall be 100 acres. At least 80% of the overall surface area of the processing plant building (based upon square footage) must be located in an I-1 Zoning District; however contiguous properties located in either R-1 or I-1 can be combined to meet the minimum acreage requirements.

(2) Compressor stations lot regulations as follows:

(a) Compressor station shall not be placed on a lot less than five acres.

(b) Compressor station shall not disturb a surface area greater than 700,000 square feet.

(c) Compressor station shall not disturb more than 90% of the total surface area of a lot.

E. Setbacks.

(1) The edge of the main operation facility that houses the compressor engines must be at least 500 feet from an occupied structure.

(2) Protected structures. Seven hundred fifty feet from the edge of the facility's developed area (this shall be the main fence line of the site and shall not include the green space used for stormwater management or the toe of the slope for any grading) to the nearest existing protected structure.

(3) Additional setbacks. All aboveground equipment including compressor engines and any structure in which the compressors are enclosed must be set back a minimum of 200 feet from any adjacent property lines.

(4) Owner waiver. Applicant must meet the setbacks listed herein unless the owner of a property, occupied and/or protected structure located within the setback limits provides written consent to the proposed use.

F. Screening.

(1) Compressor station sites shall have a landscaped buffer area placed strategically around the perimeter of the site to screen the location from other properties to be determined on a site specific basis.

(2) Both operations will be subject to the applicable standards of the zoning district the proposed use is located in.

G. Design standards.

(1) The location and design of structures and site improvements shall be integrated with the natural color, form, and texture of the surrounding area to the extent possible.

(2) Applicable equipment must have remote/local shutdowns.

(3) No equipment or surplus materials, including the placement of permanent or moveable storage containers or other portable equipment, shall be stored on the facility. This includes the removal of idle equipment unnecessary for the operation of such facility. These restrictions shall not apply during construction phase of the site.

H. Building approval. Building plans must be approved by the designated Code Inspection Department of the Township and must meet the minimum safety standards as set forth in the International Building Code (IBC), Pennsylvania Uniform Construction Code (UCC) or applicable Code adopted by the Township. The Code Enforcement Officer and/or Township Board of Supervisors shall have the authority to grant waivers to the requirements if applicant is able to demonstrate the design and safety measures meet or exceed those of the IBC, UCC, etc.

I. Environmental study. A base line environmental study shall be conducted by an approved person or firm for air and noise for quality and emissions and approved by the DEP. Operator/applicant shall provide Township with a copy of the DEP permit.

J. Spill containment.

(1) A spill containment plan shall be provided and designed by a registered design professional of the Commonwealth of Pennsylvania and approved by the DEP.

K. State and federal compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.

L. Expansion. In the event the facility or project is expanded in size, scope, use, etc., beyond what was included in the initial approval, the applicant must submit a written request to the Township. The decision to require a subsequent conditional use hearing will be in the sole discretion of the Board of Supervisors and will be announced at a public meeting. Although the Township may not require hearings on the subsequent conditional use application, the appropriate information concerning the expansion operations must be submitted. This shall include, but not be limited to, additional identification of disturbed areas beyond the scope initially presented, additional facilities being used on the site that were not included in the initial application and/or material changes such as different truck routes, access roads, sound impacts, additional water containment devices, tanks, etc.

M. Supplemental regulations. The facility must meet all of the general, specific and supplemental regulations of the Township Code of Ordinances. Any and all uses categorized as conditional uses, in addition to the specific conditions set forth herein and the supplemental regulations herein, shall also be subject to the general standards contained in the applicable zoning district(s); and may be further subject to additional conditions and safeguards as deemed necessary and appropriate by the Township.

§ 460-1348 Certified water storage facilities, impoundments and MLVTs.

A. Minimum lot area. The minimum lot size shall be:

(1) Five acres for certified water storage facilities and MLVTs.

B. Design criteria.

(1) The applicant shall provide:

(a) Proof of certification by the manufacturer and/or appropriate independent testing or laboratory organization; and

(b) If applicable, copies of any required reuse tank permit, WMGR 123-Solid Waste Permits, etc., from the appropriate state, federal, or independent certifying agency prior to the operation of the certified water storage facility.

(2) The applicant for a certified MLVT shall provide:

(a) Certification that the proposed tanks comply with the design standards set forth in the American Water Works Association (AWWA) B-1039 design manual.

(b) All MLVTs must meet the containment requirements (110%) of Act 13 and a geotechnical report must be obtained certifying that:

[1] The site can withstand 3,000 square feet of pressure.

[2] Core test results.

[3] Tanks to be placed on cut, not on fill or compressible clay lenses, as certified in the geotechnical report.

(c) A copy of any required reuse tank permit, WMGR 123-Solid Waste, from the DEP prior to the operation of the certified MLVT.

(3) Residual waste use and storage:

(a) Any certified water storage facility or MLVT that shall be used to hold residual waste must meet AWWA D103-9 tank standards or provide testimony that equivalent or greater standards are met.

C. Site plan. A survey/site plan sealed by a licensed professional engineer or surveyor must be provided indicating water storage location, other buildings, access roads, setbacks from adjoining property lines and structures.

D. Liners. All liners must be welded (if applicable) and tested in accordance with the applicable ASTM International Standards. Any repairs to liners must be made using acceptable practices and applicable standards.

E. Filling. The operator or its contractor must supervise initial filling of all water storage operations and inspect for leaks during filling. If leaks are observed, filling must cease, the leaks must be repaired, and the integrity of the tank must be evaluated prior to continuing to fill. Contractors can oversee all fillings, provided they are granted the authority to stop work if unsafe or upset conditions are observed.

F. Setbacks.

(1) Freshwater storage shall be 20 feet from a wellhead, fired vessel, heater, compressor with a rating of 200 horsepower or greater; a separator, well test unit or other nonfired equipment.

(2) Wastewater shall be 50 feet from a wellhead, fired vessel, heater, compressor with a rating of 200 horsepower or greater; a separator, well test unit or other nonfired equipment.

G. Time frame. The time period in which the operation will be constructed and destructed along with use in between the start/finish dates.

H. Notice. At least seven days prior to a new oil and gas well site being serviced by a standalone certified water storage or MLVT, the operator must provide notice to the Township with updated information, including truck traffic information, truck routes, etc.

I. Surface. The surface of the certified water storage or MLVT shall be constructed and designed in a manner that would reasonably minimize water runoff in the event of a major leak.

J. Signage, tank identification. Signs must be posted at the site to indicate the contents of the water storage facilities.

K. Spill containment.

(1) A spill containment plan shall be provided.

(2) Containment shall be provided for indoor facilities.

(3) If a spill, fire, or other violation of any federal, state or local law occurs at the drill site or in the Township by operator or its subcontractors, operator shall notify the Township immediately, in all circumstances, no later than 24 hours after the incident occurred or, if the incident is ongoing, no later than 24 hours after it began.

L. Reclamation procedure. To the best of the operator's/applicant's knowledge, the operator or applicant shall provide the time frame for site restoration.

§ 460-1349 Storage depot(s) and truck staging area(s).

A. Must comply with all applicable provisions of § 460-1346, Oil and gas development.

B. Minimum lot area. The minimum lot area required for a site shall be two acres. A certified survey of the site area must be provided prior to operations commencing.

C. Setbacks. The following minimum setbacks must be met from the edge of any truck staging area (measured from the edge of the parking pad) unless waived by the owner of the property adjacent to the delineated setback:

(1) No part of the parking pad may be located within 50 feet of a public road or public right-of-way;

(2) At least 200 feet from an existing building;

(3) At least 750 feet from a protected structure.

D. Surface. The surface of the staging area/storage depot shall be designed in a manner that would reasonably minimize water, sediment or debris carried onto any public road.

E. Application information. In addition to the application requirements set forth in § 460-1301.1, the applicant shall provide:

(1) A location map showing the location of the site in the Township and the proposed ingress to and egress from the site.

(2) The anticipated types of vehicles to be accommodated.

(3) Applicant/operator must provide a list of materials to be stored on site to the best of its ability. This list must be provided to the Township's emergency responders in the event of an incident on-site.

(4) Copies of any permits or approvals required for the construction or operation of the storage depot or truck staging area.

F. Site circulation.

(1) Ingress, egress and internal traffic circulation shall be designed to ensure safe access by all vehicles.

(2) Signs must be posted to direct traffic within the truck staging area.

G. Operator must reclaim the site in accordance with state and federal law.

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

I. A truck staging area may be located on a parcel with other uses as long as the parcel provides parking for the other uses in accordance with Article XI off-street parking and loading provisions.

§ 460-1350 Reentry related operations.

A. Application. The operator shall provide the following:

(1) Written certification that the operator is in compliance with the conditions contained in the initial conditional use approval;

(2) Updated truck routing schedule over Township roads;

(3) Updated compliance with the Township's road maintenance and bond agreement for the roads to be utilized;

(4) Updated drilling and related operations schedule/time line; and

(5) Copies of any new or revised permits and approvals required for the reentry related operation.

B. Scope. The conditional use hearing will be limited to testimony and exhibits explaining the specific related operations not covered by the initial conditional or permitted use approval.

C. Standards and criteria.

(1) Operator may rely on the conditions set forth in the original conditional use approval. The Township may not change or amend the original conditions or ordinance terms concerning setbacks, well site and/or access road location so long as they do not adversely affect the health, welfare and safety of the residents.

(2) The applicant shall demonstrate compliance with the criteria applicable to the specific proposed reentry related operation (e.g., truck staging area or certified water storage facility).

§ 460-1351 Public utility installation/substation.

A. Must comply with all applicable provisions of § 460-1346, Oil and gas development.

B. The minimum lot area required for a standalone public utility installation/substation shall be 20,000 square feet.

C. Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six-foot-high fence with locking gate. If the outdoor storage area is located within 50 feet of a property line adjoining property in the residential or village districts, the storage area shall be screened by 100% opaque screening material placed in the fencing or by a six-foot-high dense, compact evergreen hedge.

D. Any area of the building that is used for business offices shall comply with the applicable parking requirements (of the Township Code). 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 that use.

E. The facility must be buffered according to the applicable provisions of this chapter in which the facility is located.

§ 460-1352 Impoundments.

A. Must comply with all applicable provisions of § 460-1346, Oil and gas development, and § 460-1348, Certified water storage facilities.

B. Minimum lot size.

(1) The minimum lot size for a standalone impoundment operation shall be five acres and two acres to be designated on the site plan for an impoundment used as an accessory use.

C. Certification and permits.

(1) The applicant for an impoundment shall provide:

(a) Proof of certification by the relevant nationally recognized laboratory or organization; and

(b) Water impoundments shall be constructed in compliance with all applicable requirements of the Pennsylvania Department of Environmental Protection (PADEP); and

(c) A copy of any required permits from the DEP prior to the impoundment operations occurring.

D. Site plan. A survey/site plan sealed by a licensed professional engineer or surveyor must be provided indicating water storage location, other buildings, access roads, setbacks from adjoining property lines and structures.

E. Security. Chain-link fencing must be installed around any impoundment and shall be at least eight feet in height.

F. Setbacks. In addition to the DEP's setbacks regulations:

(1) Impoundment must be 500 feet measured horizontally from an occupied structure to the edge of the impoundment structure, unless the owner thereof has provided a written waiver consenting to the impoundment being closer than 500 feet.

(2) Seven hundred fifty feet from a protected structure for fresh water impoundments.

(3) One thousand feet from a protected structure for wastewater/reuse fluid impoundments.

G. Access road. In addition to the provisions contained in § 460-1346, Oil and gas development, all access roads to an impoundment site must:

(1) Access road must be designed to accommodate all vehicle truck traffic servicing the site without using any public roadways for idling vehicles waiting to access the impoundment site.

(2) Appropriate signage and idling restriction measures must be in place to comply with Pennsylvania's Diesel Powered Motor Vehicle Idling Act (Act 124 of 2008).[1]

[1] Editor's Note: See 35 P.S. § 4601 et seq.

H. Buffers and noise. The impoundment must be constructed in a manner to reduce truck traffic noise. The appropriate sound barriers shall be installed at the discretion of the Township.

I. Notice. At least seven days prior to a new oil and gas well site being serviced by a standalone impoundment, operator must provide notice to the Township with updated information, including truck traffic information, truck routes, etc.

J. Surface. The surface area immediately surrounding the impoundment shall be constructed and designed in a manner that would reasonably minimize water/liquid runoff in the event of a major leak.

K. Signage, identification. Signs must be posted at the site of any impoundment to indicate the contents of the water/liquid being stored on site.

L. Testing and spill containment.

(1) A spill containment plan shall be provided.

(2) Testing of the impoundment must occur every four months with results provided to the Township.

M. Reclamation procedure. To the best of the operator's/applicant's knowledge, the operator or applicant shall provide the time frame for site restoration.

§ 460-1353 Deep injection wells.

A. Must comply with all applicable provisions of § 460-1346, Oil and gas development.

B. Minimum lot size: 20 acres.

C. Notice. Operator must provide Township with notice of any materials being disposed of as part of a deep injection well.

D. Permits. Operator must provide Township copies of all state and federal permits associated with the proposed use.

E. Setbacks: 1,000 feet from a protected structure.