Aleppo Township, PA Zoning Ordinance

§ 400-23 Conditional uses.

Purpose. Conditional use provisions apply to all uses identified as conditional uses in the Tables of Authorized Uses (Principal and Accessory). The conditional use approval process is designed to allow the Board of Commissioners to review and approve certain uses that may have additional impacts on the community and the environment beyond those typical for uses that are allowed by right. The intent is to allow certain specified uses identified as conditional uses in the Tables of Authorized Uses (Principal and Accessory) to be reviewed by the Board of Commissioners so that they may determine compliance with this chapter and attach reasonable conditions and safeguards, in addition to the standards and criteria expressed in this chapter as the Board of Commissioners may deem necessary to implement the purposes of this chapter.

Not all conditional uses authorized in the Tables of Authorized Principal and Accessory Uses have express specific standards for the use identified in this section. In the event that express specific standards are not listed for a use identified as a special exception or conditional use in the Table of Authorized Principal and Accessory Uses, the general standards for all conditional uses and special exceptions shall still apply. In addition, the Board of Commissioners may apply conditions identified in this section, on these uses, upon a finding that the use is similar in nature to a specific use that is listed.

If the conditional use involves physical improvements that have not been substantially initiated within two years of the date of approval or authorization approval of the conditional use, the approval shall lapse.

(1)

The conditional use approval shall also lapse if, after starting construction, the construction is discontinued for a period of two years.

(2)

A conditional use approval shall not lapse if the conditional use is associated with a current land development approval.

§ 400-24 Conditional use procedure for approval.

Procedure. Board of Commissioners shall consider the conditional use application and render its decision in accordance with the requirements of the MPC[1] and this chapter and subject to the following:

(1)

If a land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by the Township's adopted Subdivision and Land Development Ordinance (SALDO)[2] may be processed concurrently or separately at the discretion of the applicant, provided that all application requirements of both ordinances for a conditional use and the land development plan are met.

[2]

Editor's Note: See Ch. 350 of this Code.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Application procedure. The applicant shall submit an application for development for approval of a conditional use to the Zoning Officer or designated staff person of the Township. The application for development shall indicate the section of this chapter under which the conditional use is sought and shall state the grounds upon which it is requested.

Application content. An application for approval of a conditional use shall include the following:

(1)

One copy of the application form provided by the Township and completed by the applicant. If the applicant is someone other than the landowner, the landowner's authorization of the application and the nature of applicant's interest in the site shall accompany the application.

(2)

Five paper copies and one electronic copy of a site plan meeting the requirements for a preliminary plan for land development as set forth in the SALDO and, in addition, demonstrating conformity with all requirements of this chapter.

(3)

The Board of Commissioners may charge fees for expenses related to the public hearing pursuant to Article IX of the MPC[3] and as established by resolution of the Board of Commissioners.

[3]

Editor's Note: See 53 P.S. § 10901 et seq.

Administrative review and determination of complete application. Upon submission of a conditional use application, the Township shall review the conditional use application for completeness of required submission items. Within said time, the Township shall notify the applicant in writing if the conditional use application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.

The Township shall submit the complete conditional use application to the Planning Commission for review and recommendations. The Planning Commission shall review the application and make a written recommendation to the Board of Commissioners. If the proposed development is also a land development, the Planning Commission shall also make a recommendation under the provisions of the SALDO.[4]

[4]

Editor's Note: See Ch. 350 of this Code.

The Board of Commissioners shall hold a hearing, in accordance with § 913.2 of the MPC, 53 P.S. § 10913.2, and public notice shall be given as defined in this chapter and in accordance with § 908(1) of the MPC.[5] The hearing shall be commenced by the Board of Commissioners within 60 days from the date of receipt of the applicant's completed application unless the applicant has agreed in writing to an extension of time.

[5]

Editor's Note: See 53 P.S. § 10908(1) et seq.

Conditions. In considering any conditional use, the Board of Commissioners may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Board of Commissioners deems necessary to implement the purposes of the MPC and this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter.

Written decision in accordance with § 908(10) of the MPC.[6] The Board of Commissioners shall render a written decision or when no decision is called for; make written findings on the conditional use application within 45 days after the last hearing before the Board of Commissioners. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons, therefore. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date. To all other persons who have filed their name and address with the Board of Commissioners not later than the last day of the hearing, the Board of Commissioners shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

[6]

Editor's Note: See 53 P.S. § 10908(10).

Expiration. Conditional use approval shall expire automatically without written notice to the applicant if no application for subdivision and land development, zoning approval for structures, zoning approval for occupancy and use, or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 12 months of said approval, unless the Board of Commissioners, in their sole discretion, extend the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be a one year or twelve-month extension. The Board of Commissioners may grant an extension for good cause shown by the applicant and provided that the extension will not be contrary to the purposes of this chapter.

Effect on prior approvals. Conditional use approval, granted prior to the effective date of this chapter, shall expire automatically without written notice to the developer if no application for subdivision and land development, zoning approval for structures, zoning approval for occupancy and use, or a grading or building permit to undertake the work described in the conditional use approval has been submitted within one year or 12 months of the effective date of this chapter or as specified in the approval, unless the Board of Commissioners, in its sole discretion, extends the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

All provisions of the SALDO[7] which are not specifically modified by the Board of Commissioners in approving a conditional use, shall apply to any conditional use involving subdivision and land development.

[7]

Editor's Note: See Ch. 350 of this Code.

Burden of proof. In any application for conditional use, the applicant shall have the persuasion burden and presentation duty to show compliance with this chapter, and the applicant shall have the persuasion burden to show the applicant's request is not detrimental to the health, safety, and welfare of the neighborhood.

§ 400-25 Special exceptions.

Purpose. Special exception use provisions apply to all uses identified as special exception uses in the Tables of Authorized Uses (Principal and Accessory). The special exception use approval process is designed to allow the ZHB to review and approve certain uses that may have additional impacts on the community and the environment beyond those typical for uses that are allowed by right. The intent is to allow certain specified uses identified as special exception uses in the Tables of Authorized Uses (Principal and Accessory) to be reviewed by the ZHB so that they may determine use compliance with this chapter and attach reasonable conditions and safeguards, in addition to the standards and criteria expressed in this chapter as the ZHB may deem necessary to implement the purposes of this chapter or the MPC.[1]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Not all special exception uses authorized in the Tables of Authorized Uses (Principal and Accessory) have express specific standards for the use identified in this section. In the event that express specific standards are not listed for a use identified as a special exception or conditional use in the Table of Authorized Uses (Principal and Accessory), the general standards for all conditional uses and special exceptions shall still apply. In addition, the Board of Commissioners may apply conditions identified in this section, on these uses, upon a finding that the use is similar in nature to a specific use that is listed.

If the special exception involves physical improvements that have not been substantially initiated within two years of the date of approval or authorization approval of the special exception, the approval shall lapse.

(1)

The special exception approval shall also lapse if, after starting construction, the construction is discontinued for a period of two years.

(2)

A special exception approval shall not lapse if, the special exception is associated with a current land development approval.

§ 400-26 Special exception procedure for approval.

Procedure. The ZHB shall consider special exception applications and render its decision in accordance with the requirements of the MPC[1] and this chapter and subject to the following:

(1)

If land development approval is required for the use by special exception, the application for approval of a land development required by the SALDO[2] shall be submitted to the Planning Commission and Board of Commissioners following approval of the use by special exception by the ZHB.

[2]

Editor's Note: See Ch. 350 of this Code.

(2)

Application procedure. The applicant shall submit an application for approval of a special exception to the Zoning Officer or designated staff person of the Township. The application form shall indicate the section of this chapter under which the special exception is sought and shall state the grounds upon which it is requested.

(3)

Application content. An application for approval of a special exception shall include the following:

(a)

(b)

Five paper copies and one electronic copy of a site plan meeting the requirements for a preliminary plan for land development as set forth in SALDO and, in addition, demonstrating conformity with all requirements of this chapter.

(c)

The Board of Commissioners may charge fees for expenses related to the public hearing pursuant to Article IX of the MPC[3] and as established by resolution of the Board of Commissioners.

[3]

Editor's Note: See 53 P.S. § 10901 et seq.

(4)

Administrative review and determination of complete application. Upon submission of a special exception application, the Township shall review the application for completeness of required submission items. Within said time, the Township shall notify the applicant in writing if the application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.

(5)

A hearing pursuant to public notice, as defined herein, shall be commenced by the ZHB within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by this chapter and § 908 of the MPC.[4]

[4]

Editor's Note: See 53 P.S. § 10908.

(6)

Burden of proof. In proceedings involving a request for a use by special exception, both the duty of initially presenting evidence and the burden of persuading the ZHB that the proposed use is authorized as a use by special exception and satisfies the specific or objective requirements for the grant of a use by special exception as set forth in this chapter rest upon the applicant. The applicant shall demonstrate that the request is not detrimental to the health, safety, and welfare of the neighborhood.

(7)

Conditions. In considering any special exception, the ZHB may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the ZHB deems necessary to implement the purposes of the MPC[5] and this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter, and upon finding of violation, shall require that the special exception use be discontinued until the violation is corrected.

[5]

Editor's Note: See 53 P.S. § 10101 et seq.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

§ 400-27 General standards for all conditional uses and special exceptions.

When considering applications for conditional uses and special exceptions the following general standards for all conditional uses and special exceptions shall be met:

In accordance with the Comprehensive Plan the use shall be consistent with the spirit, purposes, and the intent of this chapter.

Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all applicable requirements of this chapter. The applicant shall provide sufficient plans, studies, or other data to demonstrate compliance.

Compliance with other laws. The approval may be conditioned upon the applicant demonstrating compliance with other specific applicable local, state, and federal laws, regulations, and permits.

The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.

The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion and provide adequate access arrangements after considering any improvements proposed to be made by the applicant as a condition on approval. Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility.

The proposed use shall not substantially change the character of any surrounding residential neighborhood after considering any proposed conditions upon approval.

The proposed use shall not create a significant hazard to the public health, safety, and welfare.

The proposed use shall be suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.

Outdoor lighting, if any, shall be shielded and reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

§ 400-28 Adaptive reuse.

Permitted reuses. Structures determined to meet the criteria of adaptive reuses may be reused for the following purposes by conditional use:

(1)

Single-family dwelling.

(2)

Multi-family dwelling.

(3)

Financial institution.

(4)

Private clubs or social halls, provided that there are no sales of alcohol on the premises.

(5)

Day-care facilities of all types.

(6)

Civic or cultural building.

(7)

Community center.

(8)

Other such uses as determined appropriate upon recommendation of the Planning Commission and approval of the Board of Commissioners.

Standards for exterior alterations. It shall be a condition of this adaptive reuse that all exterior alterations shall meet Standards for Historic Preservation if the property contains an historic structure as defined by this chapter. Properties not required to meet the standards for historic preservation shall make exterior alterations generally consistent with the original structure's architecture and the neighborhood in which it is located.

Parking shall meet the requirements of Article VII of this chapter based on the permitted reuses.

§ 400-29 Amphitheater.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

The primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.

Outdoor lighting, if any, shall be shielded and reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

The scale, massing, and building design shall be compatible with the surrounding neighborhood.

Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 400-30 Amusement arcade.

Noise levels from amusement devices within an amusement arcade shall not exceed 50 dBa, measured along the property boundary of the amusement arcade.

Outdoor lighting, if any, shall be shielded and reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

§ 400-31 Animal day care.

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility.

A traffic report shall be submitted with the application for development which identifies traffic control measures within the site and at the points of ingress and egress warranted at peak usage of the facility.

All services and care provided to the animals shall be conducted indoors.

No direct beams or rays of light from exterior lighting fixtures, signs, or vehicles maneuvering on the development site shall be permitted to shine into the private living areas and associated open spaces of adjacent residential properties.

Access for the development site shall be provided from nonresidential streets and shall not require the use of any residential collector or residential local streets.

Outdoor lighting, if any, shall be shielded and reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

§ 400-32 Aquarium/zoo.

The minimum lot size shall be 10 acres.

The minimum side setback shall be 100 feet, the minimum rear setback shall be 150 feet, and the minimum front setback shall be 50 feet.

Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.

Dropoff areas may be located in the front yard but shall maintain character and appearance consistent with the area.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.

All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.

The scale, massing, and building design shall be compatible with the surrounding neighborhood.

§ 400-33 Auditorium.

The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.

For parking demands greater than 300 automobiles, additional setbacks, screening, and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light, and other disturbances.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

The site shall be serviced by public water and sanitary sewer systems.

The owner and operator of the facility shall be responsible for the conduct and safety of the employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by employees, visitors, and guests.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 400-34 Bank/financial institution.

The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.

Bufferyards shall be provided and maintained along the front, rear, and side yards.

Paved off-street stacking spaces shall be arranged in an orderly fashion so as to not cause blockage of any means of ingress or egress and to ensure that the traffic flow on public ROWs is not endangered in any way. A separate means of ingress shall be established and clearly marked as shall a separate means of egress from the bank.

A bank/financial institution with a drive-through must also meet the criteria for "drive through facilities" as defined in this article.

§ 400-35 Bed and breakfast.

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

No more than four guest rooms shall be offered to transient overnight guests.

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

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

Off-street parking shall not be located in any front or side yard.

§ 400-36 Boardinghouse.

Public ingress and egress to the boardinghouse shall be through one common exterior entrance. Ingress and egress for boarders shall be through common exterior entrances.

Entry access to all boarding sleeping rooms shall be through the interior of the building. No exit doors from individual boarding sleeping rooms shall lead directly to the exterior of the building.

All required parking shall be located in the rear yard of the lot and screened from surrounding parcels.

§ 400-37 Brewery.

Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.

The use shall not be located closer than 600 feet to another similar use.

Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. The Township may attach such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.

§ 400-38 Cabinet or carpentry shop.

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

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

The size of the proposed operation and its relationship to surrounding uses shall be evaluated by the Board of Commissioners to determine the appropriateness of the proposed activity in the location proposed.

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

§ 400-39 Campground.

The minimum lot area of a campground, whether public or private, shall be 10 acres.

All campgrounds shall have direct vehicular access to an arterial or collector street.

All campsites shall be located at least 200 feet from any adjoining residence and at least 100 feet from any other lot line or public ROW as defined by this chapter.

All campsites shall have a suitable source of potable water and sanitary sewer disposal as determined by the Township Engineer.

No campground shall contain more than 100 individual campsites.

Side and rear bufferyards shall each be a minimum of 25 feet in width and shall be planted with a combination of deciduous and evergreen trees, shrubs, ornamental grasses, and groundcovers. Grass, sod, lawn, or turf shall not be considered an acceptable plant for use within landscaped bufferyards.

The owner(s) and operator(s) of the campground shall incorporate best management practices as outlined in the Pennsylvania Handbook of Best Management Practices to minimize negative impacts of erosion, siltation, and surface water and groundwater contamination.

The campground hours for visitors shall be limited to between 8:00 a.m. and 10:00 p.m. No deliveries or operations shall be permitted prior to 7:00 a.m. or after 9:00 p.m. Outdoor entertainment or related activities shall be limited to between 8:00 a.m. and 9:00 p.m.

All outdoor storage areas, loading areas, and dumpsters or waste collection areas shall be screened. Screens shall be a minimum of eight feet in height and shall be constructed as fences or walls with a minimum height of eight feet and a minimum opacity of 80%.

Visitor parking shall be provided at one space for every three camping sites.

The Board of Commissioners may impose restrictions upon access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to ensure that there is no adverse impact on the functioning of the zoning district or adjacent parcels.

§ 400-40 Care facilities and senior housing.

Lot size. Care facilities and senior housing must be located on a minimum of 10 acres.

All care facilities or senior housing must comply with the density of development limits of the underlying zoning district in which it is located.

The facility shall be duly licensed by the Commonwealth of Pennsylvania and shall operate in accordance with the regulations of the licensing agency.

The facility shall provide on-site all required off-street parking and loading spaces.

The site shall be served by public water and public sanitary sewer systems.

The facility shall have its principal traffic access from a public street with sufficient capacity to handle the traffic generated by the use. A traffic study shall be required in accordance with the SALDO.[1]

[1]

Editor's Note: See Ch. 350 of this Code.

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

The parking and circulation plan shall be referred to the Aleppo Township Volunteer Fire Department and the Township Engineer for comments regarding traffic safety and emergency access.

Ambulance, delivery, and service areas shall be obscured from the view of adjacent residential properties by fencing, screening, or planting as approved by the Township.

The developer must record a covenant that runs in perpetuity that prohibits the property from being used for any other purposes than senior housing. Proof of said recording must be provided to the Township prior to issuance of any permits for the development.

§ 400-41 Catering/event venue.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

The site shall have direct vehicular access from an arterial or collector street.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

The scale, massing, and building design shall be compatible with the surrounding neighborhood.

No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.

Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 400-42 Cemetery.

The minimum lot area shall be 25 acres and the maximum lot area shall be 100 acres.

A drainage plan, showing the lot's existing and proposed runoff characteristics, shall be submitted with the application for approval.

An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for off-street parking, loading areas, outdoor service areas and storage areas shall be provided as defined by this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

At no time shall a corpse be exposed or visible from a public street or adjacent lot.

An inventory of type and quantity of all toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids utilized, stored and/or transferred shall be filed with the Township on an annual basis.

The owner(s) and operator(s) of a cemetery shall incorporate best management practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.

No more than one sign shall be permitted. Said sign shall be either a ground or wall sign.

Expansion and/or establishment of cemeteries must be in conjunction with and adjacent to existing cemeteries or religious facilities.

Adequately funded programs and provisions which meet the approval of the Township Solicitor shall be provided to guarantee perpetual care of all cemetery grounds. This provision shall apply to existing cemeteries for which expansions are proposed.

All garages, equipment shelters, offices, and similar structures shall be screened from adjacent streets and residential properties by appropriate planting or fences approved by the Board of Commissioners on the basis of design, aesthetic quality, and general adequacy.

All equipment shall be properly stored when not in use.

§ 400-43 Club (public or private).

The club shall be of a service nature and not conducted as a profit making business.

Private clubs shall be open to members and their guests only.

Any outdoor recreation areas shall be located a minimum of 30 feet from the closest property line. A planting screen of varying heights (no less than four feet in height), plus consisting of a 50%–50% mix of evergreens and deciduous trees, or opaque fencing, shall be installed within said bufferyard to achieve an overall maximum transparency of 15%.

The perimeter of the lot accommodating such use shall be planted or fenced in accordance with the provisions of this chapter to discourage public access.

§ 400-44 Commercial equestrian operations.

Such use shall have a minimum site of 20 acres.

No building that houses animals shall be closer than 200 feet to any lot line.

All training areas and bridal paths shall be adequately fenced to protect adjoining lots from drainage or intrusion.

§ 400-45 Commercial motor vehicle repair.

All use and equipment related to the facility operations and the repair/maintenance of the permitted vehicles shall be conducted entirely within a building.

Outside storage or parking of any disabled, wrecked, unlicensed, or partially dismantled vehicle is not permitted for a period exceeding 10 days during any thirty-day period.

Vehicles awaiting repair outside and wrecked or junk vehicles shall be screened and a view of them from adjacent properties and streets shall be obscured with a solid vegetative landscape buffer or opaque fencing of at least six feet in height.

When vehicles are to be stored on the site awaiting repair, there shall be a designated storage area that shall not include required parking for the site, and which shall not cause traffic hazards or blocking of traffic flow to occur.

No building, structure, canopy, gasoline pump, or storage tank shall be located within 25 feet of a residential zoning district.

All motorized vehicles not in operating condition shall be kept in fully enclosed buildings except as noted above.

The Board of Commissioners may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation, and other such matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the zoning district, municipal infrastructure, or adjacent land uses.

§ 400-46 Community center.

Adequate provision for interior circulation on the lot and access to the lot must be demonstrated.

Exterior lighting must be installed with no impact of glare on adjacent lots.

The perimeter of an outdoor recreation area shall be screened with natural plantings or fencing a minimum of four feet in height and with a maximum of 15% transparency.

No noise, music, or other outdoor activity shall be conducted between the hours of 9:00 p.m. and 8:00 a.m.

§ 400-47 Construction-related business.

All supplies and equipment shall be stored within a completely enclosed building.

Exterior display and sales of building materials and/or equipment associated with the permitted principal use shall require an approval of a supply yard as an accessory use.

Exterior storage of building materials and/or equipment associated with the permitted principal use shall require an approval of a storage yard as an accessory use.

The use shall be accessed directly from an arterial or collector street.

§ 400-48 Continuing care retirement community.

The minimum gross site area shall be 40 acres.

Access to a site proposed for development of a Continuing Care Retirement Community shall be provided directly from a rural collector roadway. Secondary access shall be provided for emergency or maintenance services from a collector or local roadway.

Continuing Care Retirement Communities shall provide at least one type of residential use in addition to the extended care or nursing facility component.

The configuration of residential structures other than extended care or nursing facilities may include, but not be limited to, apartments, townhomes (maximum of six dwelling units per structure), duplex, quadraplex, and single-family detached structures.

The mix of residential uses may include the following categories with no group of uses exceeding 75% of the total gross acreage:

(1)

Extended care units (nursing home).

(2)

Assisted living units.

(3)

Independent living units (multiple dwelling structures).

(4)

Independent living units (single-family attached or detached.

Maximum height of structures - four stories or 48 feet, not to include architectural projections or roof-mounted mechanical equipment.

All roof-mounted mechanical equipment shall be screened from view from adjacent residential properties and roadways. Such screening shall blend into the architectural design of the building.

The maximum permitted density shall be calculated separately by residential type as follows:

(1)

Extended care units (nursing home): not to exceed a ratio of 20 beds per gross acre of land.

(2)

Assisted living units: not to exceed a ratio of 20 beds per gross acre of land.

(3)

Independent living units (multiple dwelling structures): not to exceed a ratio of 12 dwelling units per gross acre of land.

(4)

Independent living units (single-family attached): not to exceed four dwelling units per gross acre of land.

A minimum of 20% of the gross site area shall be designated as active or passive open space within which recreational facilities, including, but not limited to, a picnic area or walking trail may be provided.

No structure shall be situated less than 40 feet from any property line.

Personal support services shall be limited to 10% of the total floor area of the principal structure.

Bufferyards shall comply with the requirements set forth in this chapter in Article V.

Required parking shall consist of one space for each independent living unit on site plus one space for every two employees on peak shift, plus one space for every four beds in extended care and assisted living facilities for visitor parking.

Interior streets and roadways shall be designed and constructed to accommodate a vehicular capacity of 400 average weekday vehicle trips or a minimum of ten-foot lane widths, whichever is greater.

§ 400-49 Convenience store.

Ingress, egress, and traffic circulation on the site shall be designed to minimize hazards and congestion.

The applicant shall demonstrate that the granting of the proposed use shall not materially increase traffic congestion on adjacent roads and highways.

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

All sales and/or storage or display of all merchandise, including seasonal items, such as bagged wood chips, peat moss, rock salt, flowers, etc., shall be conducted within a completely enclosed building.

§ 400-50 Correctional facility.

All applicable county, state, and federal permits shall be applied for prior to issuance of Township permits. Documentation of application shall be made a part of the conditional use application.

Lighting shall be required throughout the property for safety purposes. Such lighting shall be oriented away from adjacent properties and shall not exceed two footcandles of illumination at the property boundary line.

All structures shall be a minimum of 150 feet from all property lines.

Access shall be from the collector street only.

An evacuation plan shall be submitted for review and approval by the Board of Commissioners and/or Emergency Management Coordinator.

§ 400-51 Crematorium.

Any and all odors and smoke generated as part of a crematorium operation shall be in conformance with the performance standards of this chapter and all applicable state and federal regulations.

Loading areas/docks shall be screened with either landscaping or fencing from neighboring uses.

No outdoor storage shall be permitted on a lot associated with a crematorium.

§ 400-52 Cryptocurrency mining.

Cryptocurrency mining facilities shall be reviewed as a conditional except if adjacent to a residential zoning district (excluding roads and other ROWs) or within 500 feet of residential property boundary or a residential zoning district when they shall be reviewed as a special exception.

These facilities shall be required to develop or purchase sufficient new renewable energy to offset 100% of the electricity consumed by the cryptocurrency mining operation. To meet this condition, the cryptocurrency mining operation must be able to establish that their actions will introduce new renewable energy onto the electrical grid beyond what would have been developed otherwise.

Verification must be provided that all electronic waste generated at the cryptocurrency mining operation will be handled by a DEQ-licensed electronic waste recycling firm.

§ 400-53 Day-care center, adult.

The facility shall be registered with and/or licensed by the commonwealth. Proof of this valid license shall be provided to the Township prior to the Township's issuance of a zoning occupancy permit for the use.

An adequate area shall be provided for safe dropoff and pickup. Areas for dropoff and pickup shall be safe for vehicle traffic and typically be separated from normal vehicle traffic and shall not cause traffic congestion or unsafe traffic circulation either on site or on the adjacent public streets.

These provisions do not apply to home-based day cares which are classified as an accessory use.

§ 400-54 Day-care center, child.

The facility shall be licensed as such by the Commonwealth of Pennsylvania. Proof of this valid license shall be provided to the Township prior to the Township's issuance of a zoning occupancy permit for the use.

Ingress and egress to the site shall be designed to ensure the safe dropoff and pickup of children. All dropoff locations shall be designed so as to not interfere with the free flow of traffic on adjacent streets.

Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and shall be secured by a fence at least four feet in height, with a self-latching gate. The location of the outdoor play area shall take into account the relationship to adjoining properties.

Interior space shall be provided as per the regulations of the Pennsylvania Department of Welfare. In addition, other lot and area requirements within the zoning district in which the day care is proposed shall apply.

Depending on traffic and/or adjoining use of the premises, a fence with approved height and strength by the Township may be required along the lot's perimeter for the protection of those using the day care.

§ 400-55 Distillery.

Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.

The use shall not be located closer than 600 feet to another similar use.

Indoor and outdoor display areas associated with retail activity shall not exceed a total of 3,000 square feet in gross floor area. Display areas within parking lots and outdoor storage areas shall be included within the calculated gross floor area.

The minimum number of required parking spaces shall not be utilized for display areas and/or outdoor storage areas.

To promote adequate vehicular safety and circulation, an entrance drive surfaced with bituminous brick, concrete, or stabilized aggregate shall be constructed between the nearest public road ROW and the retail area. The entrance drive shall be a minimum of 20 feet wide. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.

No more than one identification sign associated with advertising the distillery shall be permitted. The identification sign shall be a ground or wall sign and shall have a maximum graphic area of 40 square feet.

The minimum distance between buildings shall be 30 feet.

The maximum length of any building shall be no more than 200 feet.

No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids shall be permitted on the lot(s), with the exception of gasoline, diesel fuel, and oil for the operation and maintenance of motorized vehicles and equipment.

A traffic impact study, in accordance with Institute of Transportation Engineers (ITE) standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future level of service (LOS) and compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to LOS shall be defined by the Highway Capacity Manual, published by Transportation Research Board. These standards may be waived by the Township if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.

§ 400-56 Drive-through facility.

Each window, bay, or area designed for drive-through service shall provide five reservoir vehicle stacking spaces per window, bay, or area; such space shall not encroach into any other required aisles or spaces.

Drive-through lanes shall be located to the rear of buildings unless the Board of Commissioners determines that drive-through lanes located on the side of the building will have less impact on adjacent uses and vehicular and pedestrian circulation and safety.

The drive-through shall be screened from view by landscaping, grading treatments, architectural features, or a combination of the above.

A drive-through shall be located so that it does not conflict with pedestrian or vehicular movement.

Drive-through lanes shall be distinctly marked by traffic islands at a minimum of five feet in width. A separate circulation drive shall be provided for passage around and escape from the outermost drive-through service lane. The Board of Commissioners may consider alternative designs when it is demonstrated that the drive-through is screened from view and that traffic and pedestrian circulation is improved.

A drive-through shall have no more than two service lanes and a passage around and escape from the outermost drive-through service lane, except that a financial institution may have a maximum of three service lanes.

A traffic study shall be required and shall be reviewed and approved by the Township Traffic Engineer.

§ 400-57 Dwelling types.

Conversion dwelling unit.

(1)

Each living unit shall contain a minimum of 500 square feet of habitable living area.

(2)

Each living unit shall contain one bathroom and three habitable rooms, at least one of which shall be a bedroom.

(3)

Each unit shall have separate living, sleeping, kitchen, and sanitary facilities.

(4)

Fire and safety provisions shall be certified to be adequate with respect to the Township's Fire Code.

(5)

Each unit shall have a separate entrance, either directly from the outside or from a common corridor inside the structure.

(6)

Conversion of detached garages or other accessory structures to dwelling units shall not be considered conversion dwellings and shall not be permitted.

Garden apartment.

(1)

Minimum site area required is 3/4 of an acre or 32,670 square feet.

(2)

Maximum height is four stories or 50 feet.

(3)

Parking areas shall have plant screening of varying heights (no less than four feet in height), plus consisting of a 50%–50% mix of evergreens and deciduous trees, or opaque fencing, installed to achieve an overall maximum transparency of 15%.

(4)

Parking spaces shall be located no more than 300 feet from the apartment's primary entrance.

(5)

All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, or stone block paving material.

(6)

The means of a building's ingress and egress shall meet requirements as outlined in the Township's Building Code.

(7)

A twenty-four-foot wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.

(8)

All dumpsters and/or waste collection areas shall be located at least 50 feet from nearest residential unit and shall be enclosed by solid masonry screen walls on a minimum of three sides.

(9)

The primary vehicular entrance to a garden apartment development shall, at a minimum, have direct access to a collector road.

(10)

Maximum height of lighting for outdoor parking areas and roadways shall be 25 feet.

(11)

As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.

(12)

Bufferyards between a garden apartment development and any other adjacent residential lot shall be increased by 10 feet in addition to the Township's required bufferyard width. Landscaping, within this additional width, shall be provided according to spacing, quantity, and type of plants specified by the Planning Commission.

(13)

Slopes shall be graded at a maximum of a three-foot horizontal to one foot vertical ratio.

(14)

If the parking area for a garden apartment development is adjacent to a single-family residential lot and demands greater than 10 automobiles, the following shall apply:

(a)

An additional ten-foot bufferyard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light, and other disturbances on adjacent residential lots:

[1]

One and one-half times the required number of plants for screening and buffering off-street parking and loading areas.

[2]

A mound, a minimum of 3.5 feet in height at its peak shall be constructed whereas the sides do not exceed a four-foot horizontal to one foot vertical change in elevation. Time mound shall be landscaped in it's entirely with plants that provide four seasons of interest but shall not include turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent lots.

Granny flat/carriage house/in-law suite.

(1)

Granny flats, carriage houses, and in-law suites shall be permitted as an accessory structure to a primary residence in the MU district only.

(2)

No more than one granny flat/carriage house/in-law suite shall be permitted on any one recorded parcel upon which a principal residential use is located.

(3)

Minimum lot size required for a granny flat/carriage house/in-law suite shall be 21,780 square feet or a half-acre.

(4)

Minimum setbacks for a granny flat/carriage house/in-law suite shall be as follows:

(a)

Front: 40 feet.

(b)

Side: 20 feet.

(c)

Rear: 30 feet.

(5)

The granny flat/carriage house/in-law suite shall comprise no more than 50% of the gross floor area of the principal structure on the lot it is associated with.

Mobile home.

(1)

A mobile home shall contain at least 800 square feet of floor area.

(2)

A mobile home shall be placed on a complete permanent, walled foundation and shall meet all standards and requirements of the Township's Building Code.

Multi-family dwelling.

(1)

The site must possess direct access to an arterial or collector street.

(2)

Groupings of multifamily structures shall be situated no closer than 30 feet to one another or the separation required by the Township's Building Code, whichever is greater.

Townhouse.

(1)

Parking spaces shall be located no more than 300 feet from the townhome's primary entrance.

(2)

All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, or stone block paving material.

(3)

The primary vehicular entrance to the townhomes shall, at a minimum, have access to a collector road.

(4)

Maximum height of lighting for outdoor parking areas and roadways shall be 25 feet.

(5)

As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.

§ 400-58 Farmers market.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

Vehicular and pedestrian access to the proposed use shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 400-59 Fitness center.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

The scale, massing, and building design shall be compatible with the surrounding neighborhood.

No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.

Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

§ 400-60 Flea market.

The minimum lot area shall be 10 acres.

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

No garbage, organic waste, petroleum products, or hazardous waste shall be stored, buried, or disposed of on the premises.

No flammable, explosive, or hazardous materials shall be sold on the premises.

No exterior storage shall be permitted on site.

No exterior public address system shall be permitted.

Any material or object associated with a flea market shall not be stored outdoors for more than 48 hours in a seven-day period.

The premises shall be enclosed by a wall or fence on the interior edge of the required bufferyard. If fencing is erected, supplemental vegetative screening not less than six feet in height and located between the fence and lot line. The vegetative screening shall create a visual buffer that is 100% opaque.

Persons or owners who intend to operate a flea market shall obtain a license to operate from the Township. Applications for licensing can be obtained at the Township Planning Department and shall be filed with the Zoning Officer. A traffic impact study shall be submitted as part of the application. A description of future LOS and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to LOS shall be defined by the Highway Capacity Manual, published by Transportation Research Board. These standards may be waived by the Township if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.

To minimize traffic impacts on local Township roads, a flea market shall be located along and primarily accessible from an arterial road as defined by this chapter. All flea markets shall have clearly labeled access points with no less than one dedicated entrance and one dedicated exit from the arterial road. The spacing of all entrances and exits shall be separated by no less than 150 linear feet.

All business shall be conducted from individual booths. The placement of booths shall be arranged in a manner so that aisles of a minimum width of 25 feet between rows of booths are maintained in order to facilitate access for firefighting.

All flea markets shall contain an indoor facility for booth spaces. Outdoor booth spaces are permitted but shall not comprise more than 25% of the total booth spaces. Outdoor booth spaces are not permitted in any parking area that impacts the minimum number of required parking spaces.

If an existing business is not located on the site or the existing business is not open during the hours of operation of the flea market, sanitary facilities shall be provided for public use during the flea market hours of operation.

Auctions shall not be conducted as part of any flea market.

Seventy-five percent of all parking spaces that support flea market activity shall be paved to minimize risk of pedestrian injury.

To minimize stormwater runoff from impervious surfaces, the landowner and/developer of a flea market owners/operators shall provide a statement in writing that an attempt to utilize an existing parking lot for flea market attendees within an industrial zoning district. The statement shall, at a minimum, contain signatures from the landowner and/or developer as well as landowners and/or developers of adjacent properties. Any agreement for said shared parking shall be submitted to the Township as part of the licensing application. It is the responsibility of the flea market owner/operator to provide pedestrian pathways for safe connections from all parking lots to the flea market sales area.

All on-site parking lots shall comply with the standards of Article VII of this chapter. Parking spaces on neighboring lots available through shared parking agreements shall be included when verifying that the total number of parking spaces meets the minimum requirements of Table 12. Parking for flea markets in areas other than parking lots, including the shoulder of the arterial roadway, shall be prohibited.

§ 400-61 Food and grocery store.

Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhoods.

As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.

A food and grocery store shall have a maximum of two points of ingress/egress to an arterial or collector street as defined by this chapter.

A food and grocery store shall not exceed 20,000 square feet in gross floor area.

§ 400-62 Funeral home.

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

All off-street parking areas which adjoin residential zoning districts shall be screened by a six feet dense, compact evergreen hedge.

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

§ 400-63 Gas/fuel station.

No gas/fuel station shall be located within 1,000 feet of another gas/fuel station.

Access driveways to the service station shall be at least 30 feet from the intersection of any public streets.

Gasoline pumps shall be located at least 30 feet from the edge of the ROW of a public street.

The ingress and egress shall not create hazardous conditions or undue congestion of traffic circulation in the immediate area.

Air towers and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 10 feet from any property line.

All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five feet from the pumps.

All canopy lighting must be fully recessed within the canopy.

§ 400-64 Golf course.

Any off-street parking and loading areas shall be screened with the appropriate bufferyard as required by this chapter.

The outer safety zone of all golf holes, as recommended by the United States Golf Association, shall be a minimum of 50 feet from all adjacent residential lots.

Hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance, or interruption.

The owner(s) and operator(s) of a golf course shall be responsible for the conduct and safety of the members, visitors, or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors, and guests.

The site shall be served by public water and public sewer systems.

No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids is permitted with the exception of lawn chemicals and gasoline, diesel fuel, and oil for the operations and maintenance of motorized vehicles and equipment.

§ 400-65 Golf driving range.

Any off-street parking and loading areas shall be screened with the appropriate bufferyard as required by this chapter.

All lighting shall be shielded and reflected away from adjacent streets and properties.

Hours of operation must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance, or interruption. Any facility located within 200 feet of a property line adjoining a residential use or residential zoning district shall cease operations at 12:00 Midnight.

The owner(s) and operator(s) of a golf driving range shall be responsible for the conduct and safety of the members, visitors, or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors, and guests.

§ 400-66 Greenhouse/nursery.

Impervious surface coverage shall not exceed 20%.

All principal and accessory structures shall be placed a minimum of 75 feet from all property lines.

The retail sales area shall not exceed 1,200 square feet. The growing area shall not be considered the sales area.

All supplies and equipment shall be stored within a completely enclosed building.

Exterior display and sales of building materials and/or equipment associated with the permitted principal use shall require approval as a supply yard.

§ 400-67 Group-care facility.

The minimum site size required shall be two acres.

The number of residents permitted shall not exceed one per every 5,000 square feet of lot area.

Bufferyards as required by this chapter shall be installed along the perimeter property lines.

All outdoor lighting shall be shielded and reflected away from adjacent properties.

Hours of operation and activities must be appropriately scheduled to protect adjacent properties from unreasonable disturbance or interruption.

The location of buildings and facilities, traffic circulation and parking areas on the site shall be designed to provide adequate access for emergency vehicles.

The site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

All applicable county, state, and federal permits shall be applied for prior to issuance of Township permits. Documentation of the any county, state, and/or federal approvals shall be submitted as part of the conditional use application.

§ 400-68 Group home.

Copies of all state and federal licenses and operating permits shall be supplied to the Township on an annual basis.

The minimum lot area required shall be 20,000 square feet.

The site shall be services by public water and public sanitary sewer systems.

Parking areas shall be screened from adjacent lots with a 50%–50% mix of deciduous and evergreen planting material to provide a year-round bufferyard.

§ 400-69 Home occupation, low-impact.

The home occupation use shall be located within the dwelling unit of the person providing the professional or personal services and shall be clearly incidental to the structure's use as a residence.

No more than 10% of the gross floor area of the principal dwelling and any accessory structures used shall be devoted to the conduct of the home occupation.

Articles not produced on the premises shall not be sold on the premises.

There shall be no display of merchandise available for sale on the premises. However, merchandise may be stored on the premises for delivery off the premises.

Exterior displays or signs other than those permitted in Article IX of this chapter, exterior storage of material and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.

Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.

The use shall not significantly intensify existing vehicular or pedestrian traffic that is normal for the residences in the neighborhood.

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 a structure.

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.

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

The use shall not cause a negative impact on lot values in the immediate neighborhood.

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

One work vehicle is permitted on the premises.

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

(1)

Beauty shops or barber shops containing more than two chairs.

(2)

Clinics, hospitals, or nursing homes.

(3)

Kennels, veterinary offices, and clinics.

(4)

Mortuaries.

(5)

Private clubs.

(6)

Private instruction to more than three students at a time.

(7)

Restaurants or tearooms.

(8)

Stables.

(9)

Tourist or boarding homes.

(10)

Vehicle or equipment rental, repair, or sales.

(11)

Vehicle repair garages, as defined by this chapter.

Day-care homes other than those defined in Article II of this chapter shall meet all of the foregoing requirements for a home occupation as well as the following additional requirements:

(1)

Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.

(2)

A safe area shall be provided for the dropoff and pickup of children who do not obstruct the free flow of traffic on any public street.

(3)

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

§ 400-70 Hospital.

The minimum site area required for a hospital shall be two acres.

The site shall be served by public water and public sanitary sewer systems.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

All hospitals shall be licensed by the Commonwealth of Pennsylvania. Proof of all proper permits and approvals must be submitted to the Township.

Water pressure and volume shall be adequate for fire protection.

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

The plan illustrating parking and circulation shall be forwarded to the Aleppo Township Volunteer Fire Department for comments regarding traffic safety and emergency access.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

The landowner and/or developer shall complete a traffic impact study to demonstrate that the Township's roadway network will maintain an acceptable LOS and roadway capacity based upon the proposed development's peak traffic volumes. The traffic impact study shall be completed in accordance with the requirements defined in the SALDO,[1] as amended.

[1]

Editor's Note: See Ch. 350 of this Code.

Minimum lot area and yard setbacks shall be as required in Article III of this chapter for the zoning district wherein the lot is located.

Safe vehicular access and areas for discharging and picking up patients shall be provided.

A hospital's height shall not exceed 75 feet and shall not pose a hazard to the operations of the Pittsburgh International Airport.

§ 400-71 Hotel.

Dropoff/temporary parking areas shall remain free and clear of obstructions for general safety and fire department access.

A twenty-foot wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.

Service of meals and/or beverages (whether alcoholic or nonalcoholic) must be secondary to the principal use of room or suite rental.

Secondary eating establishments serving alcoholic beverages or secondary bars or nightclubs must be licensed by the Pennsylvania Liquor Control Board.

The site shall be served by and connected to a public water and public sewer systems.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

The owner(s)/operator(s) of a hotel shall be responsible for the conduct and safety of the renters and guests and shall be available to respond to inquiries and promptly quell any disturbances caused by renters or guests.

§ 400-72 Indoor recreation.

All indoor recreation facilities shall be located along an arterial or collector road as defined by this chapter.

All off-street parking areas located adjacent to existing residences shall reduce exterior lights to half power after 11:00 p.m. and shall be screened by the appropriate bufferyard as defined in this chapter.

Compliance with all land development criteria shall be a prerequisite for building permit issuance.

A twenty-foot deep bufferyard shall be provided along the entire length of any property line abutting a developed residential lot. A planting screen of varying heights (no less than four feet in height), plus consisting of a 50%–50% mix of evergreens and deciduous trees, or opaque fencing, shall be installed within said bufferyard to achieve an overall maximum transparency of 15%.

Grass, sod, or turf shall not be considered an acceptable plant for use within the landscaped bufferyard.

All lots used for commercial indoor recreation facilities shall have a minimum of two points of ingress and egress.

All ingress and egress to and from the site shall be so situated as not to interfere with through traffic movements on adjacent streets.

All off-street parking shall be located on the lot.

All dumpsters, not incorporated into the principal building, shall be located in the rear yard setback, and shall be screened with masonry or vegetation. All screens shall be a minimum of eight feet high and shall have a minimum opacity of 80%.

All indoor recreation facilities shall have a maximum gross floor area of 40,000 square feet.

§ 400-73 Kennel.

The minimum lot area for a kennel shall be five acres.

Any exterior fenced area wherein animals exercise or are otherwise exposed must be located a minimum of 100 feet from any lot boundary line.

The perimeter of the exterior exercise area must be fenced with weatherproof material, a minimum of five feet in height, accessible only through a self-latching gate.

Any structure used to house animals shall be equipped with BOCA Code approved nontoxic noise-dampening material or acoustic tile.

No kennel may be established within 1/2 of a mile of an existing kennel.

The operator or owner of any kennel must hold all current state and local licenses and permits for the location, activity, and number of animals so specified.

§ 400-74 Landscape service center, retail.

All supplies and equipment shall be stored within a completely enclosed building.

Exterior display and sales of building materials and/or equipment associated with the permitted principal use shall require an approval of a supply yard as an accessory use.

Exterior storage of building materials and/or equipment associated with the permitted principal use shall require an approval of a storage yard as an accessory use.

The use shall be accessed directly from an arterial or collector street.

§ 400-75 Landscape service center, wholesale.

A business established for the purposes of wholesale landscaping shall have one point of ingress and egress to a public road ROW. The point of ingress and egress shall be located in a manner that minimizes detrimental traffic impacts to both pedestrians and vehicular.

Equipment storage shall be permitted to include man-operated or mechanical equipment or other machinery that is in operable condition. The storage of inoperable vehicles is prohibited.

The storage of combustible materials shall be limited to 25 feet in height with available fire defense measures as approved by the Township Volunteer Fire Department. The storage of noncombustible materials shall be limited to 30 feet in height, in order to minimize:

(1)

The risk of fire.

(2)

Visibility from adjacent lots.

(3)

Noxious odors to adjacent lots and/or ROWs.

Site grading shall be completed to ensure that surface runoff is directed away from any and all material storage areas.

The owner(s) and operator(s) of a wholesale landscaping service center shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation, and surface water and groundwater contamination.

The minimum distance between buildings shall be 30 feet.

The maximum length of any building shall be no more than 200 feet.

Screen walls.

(1)

An eight foot high screen wall shall be constructed around the perimeter of a storage area if equipment and/or materials are not contained within an enclosed building/area. The screen wall shall be measured from the average grade of the adjacent ground, unless otherwise defined by the Township.

(2)

The screen wall shall have a minimum opacity of 80% and shall be composed of one of the following.

(a)

Finished masonry or wood.

(b)

Black or green vinyl-coated chain-link fencing with eight-foot high evergreen plantings located on the exterior side of the fence, whereas no fence components may be visible from an adjacent lot or ROW.

(c)

The landowner and/or developer shall provide evergreen plantings with a minimum height of eight feet in quantity and spacing as approved by the Township.

No excessive noise, dust, odor, vibration, or light shall be generated to disturb the surrounding neighborhood.

No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids shall be permitted, with the exception of gasoline, diesel fuel, and oil for the operation and maintenance of motorized vehicles and equipment.

The ground surface of off-street parking shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.

The hours of operation for material pickups, delivery, outdoor processing, and outdoor manufacturing operations shall be limited to 7:00 a.m. to 8:00 p.m.

No more than one identification sign shall be permitted. The identification sign shall be a ground or a wall sign and shall have a maximum graphic area of 40 square feet.

§ 400-76 Light manufacturing and/or assembly facility.

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

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

Adequate public facilities shall be available to meet the requirements of the proposed light manufacturing or assembly processes.

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

The Board of Commissioners may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the district or adjacent parcels.

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

§ 400-77 Lumber yard.

The applicant shall provide to the Township at the time of application the following information:

(1)

A narrative describing the material that will be stored in the proposed supply yard.

(2)

A site plan of the lot and/or parcel including the location of the proposed supply yard and materials to be stored.

No outdoor storage shall be permitted in the required setback areas.

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

The lumber yard shall be paved with a minimum of three inches of gravel and maintained in a dust-free manner.

The lumber yard shall be set back a minimum of 50 feet from any property bearing a single-family detached dwelling.

The lumber yard shall be screened from the public roadway by a solid vegetated hedge or opaque fence that is a minimum of six feet in height.

§ 400-78 Manufactured home lot.

Manufactured home lots shall confirm with all applicable development standards contained in this chapter.

Individual units shall be connected to either a public or private water and sanitary sewer system.

Individual units shall be placed on permanent foundations.

Skirting of the units shall be required.

All applicable screening and buffering requirements as required by this chapter shall be met.

§ 400-79 Manufactured home park.

The minimum lot area required for a manufactured home park shall be 10 acres.

All manufactured homes within the park shall be connected to either a public or private water and sanitary sewer system.

All manufactured homes must be placed on a permanent foundation and shall be adequately skirted.

All applicable screening and buffering requirements as required by this chapter shall be met.

§ 400-80 Manufactured home sales.

Manufactured home sales and display lots shall confirm with all applicable development standards contained in this chapter.

Manufactured home units placed on a sales or display lot shall not be occupied as a residential unit.

One unit used for sale or display purposes on the lot may be utilized as a sales office.

Individual units for sale or display shall not be connected to a public or private sewer or water system.

Individual units for sale or display are not required to be placed on permanent foundations. However, skirting of the units shall be required.

All applicable screening and buffering requirements as required by this chapter shall be met.

The number of units for sale or display shall be limited to three units per acre.

§ 400-81 Manufacturing facility, heavy or light.

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

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

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

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

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

§ 400-82 Massage therapy establishment.

State or national certification from one of the following entities shall be required for all employees, excluding administrative staff: National Certification Board for Therapeutic Massage and Bodywork; American Massage Therapy Association; Association of Bodywork and Massage Practitioners; National Certification Commission for Acupuncture and Oriental Medicine; International Massage Association; or a Board of Commissioners approved equivalent. In addition, all employees, excluding administrative staff, must have at least 500 hours of professional training.

Hours of operation shall be restricted to 8:00 a.m. to 8:00 p.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate the hours of operation for the facility in order to prevent adverse impacts on adjoining properties.

The facility shall operate in compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania.

A massage establishment shall be initially licensed, where it has met the applicable requirements set forth in the Township's various regulations and ordinances, through December 31 of the year in which the license is issued. For each year thereafter that the massage establishment intends to continue as a massage establishment, it must seek from the Township Manager a renewal of this license. The application for renewal must be received by the Township Manager no later than November 1 of the year preceding the year in which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Township to deny or revoke an occupancy permit to a massage establishment.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties in terms of noise, traffic, hours of operation, and lighting pollution.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

The site shall be serviced by public water and public sewer systems.

The owner and operator of the establishment shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

§ 400-83 Medical clinic.

If more than one structure, the minimum distance between structures shall be 50 feet.

All parking, loading, and access areas shall be screened from adjacent residential properties per the requirements of this chapter.

All required parking shall be in the rear of the structures, where feasible.

All property not covered by structures or paving shall be landscaped and maintained.

All structures within 100 feet of the perimeter property lines shall be screened from adjacent residential properties as required by this chapter.

The site shall be services by public water and public sewer systems.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

§ 400-84 Medical marijuana dispensary.

The applicant shall demonstrate compliance with all facility regulations in § 802 of the Medical Marijuana Act, as amended (Act 16, Pennsylvania Law 84, No. 16).[1]

[1]

Editor's Note: See now 35 P.S. § 10231.802.

The dispensary shall meet the same land use requirements as other commercial facilities that are located in the underlying district.

§ 400-85 Medical marijuana grower/processor.

The applicant shall demonstrate compliance with all facility regulations in § 802 of the Medical Marijuana Act, as amended (Act 16, Pennsylvania Law 84, No. 16).[1]

[1]

Editor's Note: See now 35 P.S. § 10231.802.

The grower/processor shall meet the same land use requirements as other light manufacturing facilities that are located in the underlying district.

§ 400-86 Micro-brewery/brew pub.

The standards for "tavern or bar" in this article shall apply.

§ 400-87 Micro-distillery.

The standards for "Tavern or Bar" in this article shall apply.

§ 400-88 Mineral development.

The applicant for a mining or processing conditional use permit shall submit the following information to the Zoning Officer:

(1)

Evidence of compliance with all state and federal laws applicable to the process for which the conditional use permit is sought.

(2)

A description of the character, timing, and duration of the proposed operation, including maps and plans showing the area and extent of the proposed activity, the location and design of all structures, depth of the excavation, areas for storage of soil materials areas for the deposit of coal waste, and facilities for processing, loading, and transportation of minerals.

The location of all structures, land uses, and overlay zoning features which may be affected by the proposed operation and measures which will be taken to protect all structures, land uses, and overlay zoning features from adverse impacts from mining.

Measures which will be taken to ensure that any loss, diminution, or pollution of water supplies in areas affected by mining will be corrected or replaced.

Measures which will be taken to ensure that the performance standards contained in all sections of this chapter shall be met.

Description of plans for the transportation of the mined product, including routes of travel, number and weight of vehicles, and measures which will be taken to maintain all roads within the Township which are used to transport minerals shall be provided.

Plans for the restoration and reclamation of all land affected by the extractive operation to a condition which will support agriculture or other uses which are permitted by right or as conditional uses in the concerned district.

(1)

If the proposed reclamation is for development, the proposed development should be compatible with the Comprehensive Plan and in conformance with the purposes and regulations of the district in which it is located.

Adequate screening and buffering shall be provided as required by this chapter.

No expansion in area of a mining operation shall be permitted until mining activities have been completed on an equivalent area of land and the land shall have been graded and vegetation established in accordance with the approved plan for reclamation of the site.

In no case shall a conditional use permit extend to an area of land or mode of operation which is larger or in any way different from the scope of permits issued concurrently by state and/or federal permitting authorities for the same existing or proposed mining or processing activity.

Outdoor lighting, if any, shall be shielded and reflected away from adjoining properties.

§ 400-89 Mini-warehouse and self-storage building.

The use shall be limited to dead storage of goods not in active use. The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals is prohibited, including propane or gasoline engine or storage tanks.

No activities other than rental of storage units and pickup and deposit of dead storage shall be allowed on the premises.

Examples of activities prohibited in this use include, but are not limited to, the following:

(1)

Auctions, commercial wholesale or retail sales, or miscellaneous or garage sales.

(2)

The servicing, repair, or fabrication of engines, motor vehicles, boats, trailers, lawn mowers, appliances, furniture, or other similar equipment.

(3)

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

(4)

The establishment of a transfer and storage business.

(5)

Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

All storage shall be within an enclosed building. The outside storage of any materials, vehicles or other items is prohibited.

The perimeter of the site shall be fenced with a minimum eight-foot solid fence with self-latching gate. Fencing shall be of wood or synthetic materials and chain-link is not allowed.

Maximum building height: three stories and shall not exceed 40 feet.

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

Any part of a building that faces or is visible from a public or private street shall have architectural features that allow the building to blend in with an office-building atmosphere. Components of buildings that face or are visible from public or private streets shall have the following minimum characteristics:

(1)

Glazing on each story (for each 12 feet of building height) that would typically be seen on an office building.

(2)

A mix of construction materials and colors.

(3)

Horizontal and vertical breaks that create visual interest.

(4)

Variation in roof line design for all portions of the roofline that are visible from public or private streets.

(5)

A water table for all portions of the building that are visible from public or private streets, constructed of masonry units that are at least four feet in height as measured from grade level.

The Board of Commissioners may impose restrictions upon access to the facility, hours of operation and such other matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the adjacent parcels.

No door openings accessing storage units shall face or be visible from an adjacent residential zoning district, nor public or private streets.

The site shall front along a collector or arterial street and shall have direct vehicular access to a collector or arterial street.

Driveway access shall be limited to a single two-way or two single one-way driveways from each street on which the site has frontage. Shared access with adjacent properties or uses is encouraged.

All interior driveways shall be paved.

§ 400-90 Mobile home park.

A mobile home park shall have a gross area of at least 10 contiguous acres of land.

All land included in this category must be in single ownership per specific site.

Records of rental and/or lease arrangements for units or land within the mobile home park shall be submitted to the Township annually.

A concrete pad five inches in depth, with a minimum of six tie-downs shall be provided per mobile home unit.

Minimum yard setbacks for each home site shall be as follows:

(1)

Front yard: 25 feet.

(2)

Side yard: 10 feet.

(3)

Rear yard: 20 feet.

The site of a mobile home park shall be serviced by public water or a DEP approved private water system and public sanitary sewer, or a DEP approved private sewage disposal system.

All mobile homes shall be provided with skirting between the bottom of the mobile home floor and grade level around the entire perimeter of the unit.

A minimum of nine lots shall be improved as required prior to the installation of any mobile home unit.

The location shall not be subject to any hazard or nuisance such as flooding, excessive noise, vibration, smoke, toxic matter, radiation, heat, odor, or glare.

All mobile homes shall be located at least 25 feet from any park property line or public street ROW, which is not in the mobile home park.

There shall be a minimum distance of 25 feet between an individual mobile home, including accessory structures attached thereto, and adjoining pavement of a park, street, common parking area, or other common areas and structures.

An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure and shall be installed at the same time that the mobile home unit is installed.

Safe and convenient vehicular and pedestrian access shall be provided from abutting public streets or roads.

All parks shall provide safe, convenient, all-season pedestrian walkways of three feet minimum width, which are durable and convenient to maintain, from the entrance of each mobile home entrance to the parking area of that lot and to the street.

Each mobile home unit shall be provided with off-street parking equivalent to that required of a single-family dwelling.

No parking shall be permitted on the park street ROW.

Mobile home lots within the park shall each have a minimum gross area of 4,000 square feet., and each lot shall have a maximum of one mobile home thereon.

Each mobile home lot shall be improved to provide an adequate foundation for the placement of the mobile home and in such position as to allow a minimum of 25 feet between the mobile home and the ROW of the park street, which serves the lot.

A recreational area, or areas, with suitable facilities shall be maintained within the park for the use of all park residents.

At least 5% of the gross area of the park shall be developed for recreational purposes. Such areas shall be used exclusively for playground purposes and be located to be free of traffic and other hazards.

Playground areas shall be centrally located in relation to their service area.

§ 400-91 Motel.

The standards for "hotel" in this article shall apply.

§ 400-92 Natural gas compressor station.

Natural gas compressor stations shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with Township residents' enjoyment of their property and future Township development activities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:

(1)

Lawful existing or authorized uses of adjacent properties.

(2)

Neighboring flood-prone or landslide-prone areas.

(3)

Agriculture or farmland.

A conditional use application for a natural gas compressor station shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.

Conditional use approval is nontransferable without consent from the Board of Commissioners, and shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance of the conditional use. The conditional use approval may be extended by the Board of Commissioners upon written request by the operator. The operator shall provide proof that the requested conditional use permit for such location has not changed.

As part of the conditional use application, the Township and all applicable emergency responders shall be provided the name of the person supervising the compressor station and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this section.

All natural gas compressor stations shall be completely enclosed by a building.

(1)

The building shall be constructed in a manner that the architectural character complements the existing character of the area. The building shall employ architectural features, including, but not limited to, sloped roofs, stone and brick accents, steeples, cupolas, etc.

(2)

The building shall employ soundproof-type walls, and all equipment associated with the compressor station shall be enclosed within the building. All acoustical structures shall be constructed of metal, masonry, or other structurally sound material as approved by the Township Engineer.

Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at the compressor station, the Township shall be provided a copy of the HOP. Access roads shall also comply with the following:

(1)

Access roads must be 50 feet from adjacent property lines unless written consent is given by the adjacent property owner.

(2)

The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, and/or debris carried onto any public roads.

(3)

If the access road is less than 200 feet, the entire road must be limestone.

The access driveway off the public road to the compressor station shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the station name and number, name of the operator, and the telephone number for a person responsible who may be contacted in case of emergency.

The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the station. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the Township and extending 800 feet beyond the Township boundary. The operator shall provide the Township with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.

As part of the conditional use process, the Township reserves the right to increase any required setback based on physical characteristics of the site, including, but not limited to, topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.

Compressor stations shall utilize electric motors rather than internal combustion engines. The Board of Commissioners may approve the use of internal combustion engines as part of the conditional use approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.

(1)

Noise. The Township may require acoustical blankets, sound walls, mufflers, or other alternative methods to ensure compliance depending on the location of a proposed station to adjacent residential properties. As part of the conditional use application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.

(a)

The noise generated during operating activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation:

[1]

During station or plant activities by more than 10 dBa during the hours of 7:00 a.m. to 9:00 p.m.

[2]

During station or plant activities by more than five dBa during the hours of 9:00 p.m. to 7:00 a.m.

(b)

Sound test.

[1]

If a complaint is received by any person using a protected structure for a lawful purpose, within a reasonable vicinity of a compressor station, regarding noise generated by compressor station operations, the Township will conduct a sound test to verify that a viable complaint exists. Upon confirmation by the Township that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:

[a]

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

[b]

One hundred feet from the protected structure, whichever is closer.

[2]

If the operator engages in any noise testing as required by this section, it will provide preliminary data to the Township no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Township representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set further herein were exceeded. The Township reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.

Drip pans must be placed in any location, under equipment, that has the potential to leak.

All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.

All structures, including, but not limited to, pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, and shall be compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the Township.

Compressor stations shall be inspected by the Aleppo Township Volunteer Fire Department prior to operation. During the active operation at the compressor station, Township staff or consultants designated by the Township Manager shall have access to the site to determine continuing compliance with the conditional use approval.

The applicant will reimburse the Township for all reasonable and direct professional consultant fees incurred by the Township related to site inspection, approval process, or for specialized work called for in the permit.

The Township reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular compressor station site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the MPC.[1]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless Aleppo Township, its departments, officials, officers, agents, employees, and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of Aleppo Township, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.

The facility and/or its operation shall comply with all applicable permits and requirements of the DEP, the EPA, and any other governmental authority having jurisdiction over its operations and with all federal, state, and local laws, ordinances, and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the compressor stations will not violate the citizens of Aleppo Township's right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of Aleppo Township or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the Township residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.

The operator shall be required to provide notice of any spills and/or releases to the Township.

§ 400-93 Natural gas processing plant.

Natural gas processing plants shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with Township residents' enjoyment of their property and future Township development activities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:

(1)

Lawful existing or authorized uses of adjacent properties.

(2)

Neighboring flood-prone or landslide-prone areas.

(3)

Agriculture or farmland.

A conditional use application for a processing plant shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.

Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at the processing plant, the Township shall be provided a copy of the HOP. Access roads shall also comply with the following:

(1)

Access roads must be 50 feet from adjacent property lines unless written consent is given by the adjacent property owner.

(2)

The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, and/or debris carried onto any public roads.

(3)

If the access road is less than 200 feet, the entire road must be limestone.

The access driveway off the public road to the processing plant shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the plant name and number, name of the operator, and the telephone number for a person responsible who may be contacted in case of emergency.

The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the plant. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the Township and extending 800 feet beyond the Township boundary. The operator shall provide the Township with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.

Processing plants shall utilize electric motors rather than internal combustion engines. The Board of Commissioners may approve the use of internal combustion engines as part of the conditional use approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.

Noise. The Township may require acoustical blankets, sound walls, mufflers, or other alternative methods to ensure compliance depending on the location of a proposed plant to adjacent residential properties. As part of the conditional use application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.

(1)

(a)

During station or plant activities by more than 10 dBa during the hours of 7:00 a.m. to 9:00 p.m.

(b)

During station or plant activities by more than five dBa during the hours of 9:00 p.m. to 7:00 a.m.

(2)

Sound test.

(a)

If a complaint is received by any person using a protected structure for a lawful purpose, within a reasonable vicinity of a compressor station, regarding noise generated by plant operations, the Township will conduct a sound test to verify that a viable complaint exists. Upon confirmation by the Township that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:

[1]

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

[2]

One hundred feet from the protected structure, whichever is closer.

(b)

Drip pans must be placed in any location, under equipment, that has the potential to leak.

All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.

Processing plants shall be inspected by the Aleppo Township Volunteer Fire Department prior to operation. During the active operation at the plant, Township staff or consultants designated by the Township Manager shall have access to the site to determine continuing compliance with the conditional use approval.

The Township reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular processing plant site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the MPC.[1]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

The facility and/or its operation shall comply with all applicable permits and requirements of the DEP, the EPA, and any other governmental authority having jurisdiction over its operations and with all federal, state, and local laws, ordinances, and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the processing plant will not violate the citizens of Aleppo Township's right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of Aleppo Township or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the Township residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.

§ 400-94 Night club.

The night operations shall cease between the hours of 2:00 a.m. and 7:00 a.m., prevailing time (unless more restrictive nonoperating hours are established by the Board of Commissioners in its conditional use decision), and the establishment shall not be open to the public during those hours.

All night club activities shall be conducted within an enclosed building, and all doors and windows shall remain closed during the hours that the night club is open for operation.

The facility entrances and exits (excluding emergency exits) which face adjacent residential dwellings and/or residential zoned properties shall have a vestibule with a second door to minimize noise impacts to adjacent residential dwellings and properties.

No night club shall be permitted within 500 feet of an adult-oriented business and/or another night club, as measured from lot line to lot line.

The night club operations shall not cause or create a nuisance, including, but not limited to, excessive noise levels.

The owner and operator of the night club shall be responsible for the conduct and safety of its patrons.

No more than one identification sign shall be permitted. The sign shall be a ground sign or wall sign. The graphic area of the sign shall not exceed 40 square feet.

§ 400-95 Offices, medical (high- or low-intensity).

High-intensity.

(1)

A traffic impact study shall be required and shall be reviewed and approved by the Township Traffic Engineer. Potential implementation strategies of necessary infrastructure and/or safety improvements shall be identified in response to the analysis findings.

(2)

The site shall be serviced by public water and public sanitary sewer systems.

(3)

(4)

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(5)

The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(6)

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

Low intensity.

(1)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

(2)

Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(3)

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(4)

The landowner and/or developer shall be required to prepare and submit a traffic impact study of the proposed development. The traffic impact study shall be reviewed and approved by the Township Traffic Engineer. Potential implementation strategies of necessary infrastructure and/or safety improvements shall be identified in response to the analysis findings.

§ 400-96 Oil or gas compressor station.

No oil or gas compressor station or an addition to an existing oil or gas well site shall be constructed or located within the Township unless a zoning permit under this chapter has been issued by the Township to the owner or operator approving the construction or preparation of the site for oil or gas development or construction of an oil or gas compressor station.

The permit application, or amended permit application, shall be accompanied by a fee as established by resolution in the Township's Fee Schedule.

In addition to the other requirements of this chapter, the applicant shall provide to the Township at the time of application the following information:

(1)

A narrative describing an overview of the project including the number of acres to be disturbed for development and the location, number, and description of equipment and structures to the extent known.

(2)

A narrative describing an overview of the project as it relates to the oil or gas compressor station.

(3)

The address of the compressor station as determined by the County 911 addressing program and information needed to gain access in the event of an emergency.

(4)

The contact information of the individual or individuals responsible for the operation and activities at the oil or gas compressor station shall be provided to the Township and all applicable emergency responders as determined by the Township. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Township and all applicable emergency responders as determined by the Township.

(5)

To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the site. The plan will identify, but not be limited to gathering lines and other midstream and downstream facilities located within the Township and extending 800 feet beyond the Township's boundary.

(6)

A site plan of the oil or gas compressor station including any major equipment and structures and all permanent improvements to the site.

(7)

A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that the Township streets utilized by the applicant shall remain free of dirt, mud, and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of applicant's usage.

(8)

An appropriate site orientation and training course of the Preparedness, Prevention and Contingency Plan for all applicable emergency responders as determined by the Township. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. If multiple sites are in the same area (covered by the same emergency response agencies), evidence from the appropriate emergency response agencies that a training course was offered in the last 12 months shall be accepted. Site orientation for each oil and gas site shall still be required for the appropriate emergency responders, as determined by the Township.

The applicant/operator shall comply with any generally applicable bonding and permitting requirements for Township roads that are to be used by vehicles for site construction and site operations.

Access.

(1)

Oil and gas facilities shall be accessed directly from an arterial or collector street as defined by this chapter.

(2)

Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.

(3)

Access directly to state roads shall require a PennDOT Highway Occupancy Permit (HOP) approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the HOP.

(4)

Access directly to Township/county roads shall require a Driveway Permit/HOP prior to initiating any work at a well site.

Height. Permanent structures associated with oil or gas compressor stations shall comply with the height regulations for the zoning district in which the oil or gas compressor station is located.

Setbacks/location.

(1)

Oil or gas compressor stations shall comply with all general setback and buffer requirements of the zoning district in which the natural gas compressor station or natural gas processing plant is located.

(2)

Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, the operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future development activities as authorized by the Township's applicable ordinances.

(3)

In construction of compressor station sites, the natural surroundings should be considered, and attempts made to minimize impacts to adjacent properties.

Screening and fencing.

(1)

Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide. Additional lockable gates used to access compressor station site by foot may be allowed, as necessary.

(2)

First Responders shall be given means to access oil or gas well sites in case of an emergency. Applicant must provide the County 911 Communications Center necessary information to access the compressor station site in the event of an emergency.

(3)

Warning signs shall be placed on the fencing surrounding the compressor station site providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the pad site.

Lighting.

(1)

Lighting at an oil or gas compressor station shall, when practicable, be limited to security lighting.

(2)

All temporary and permanent outdoor lighting shall be shielded and reflected away from adjoining properties so that no direct beam of light, but only diffused or reflected light, enters adjoining properties.

Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas development:

(1)

Prior to development, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency, or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical, emergency, or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 55 dBa. The sound level meter used in conducting any evaluation shall meet the ANSI standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

(2)

The operator shall provide documentation of any established, seventy-two-hour evaluation, relied upon to establish an ambient noise level greater than 55 dBa, to the Zoning Officer within three business days of such a request.

(3)

The noise generated during operating hours shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation or default level, whichever is higher.

(4)

All permanent facilities associated with oil and gas well sites, including, but not limited to oil or gas compressor stations, shall meet the general noise requirements of this chapter. Where a conflict exists the more stringent requirements shall apply.

(5)

Oil or gas compressor stations or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels or have installed mitigation devices to mitigate sound levels so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency, or other public facilities.

(a)

Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.

(6)

If a complaint is received by the Township regarding noise generated during construction or operation of the compressor station the operator shall, within 24 hours following receipt of notification, begin continuous monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency, or other public facilities, whichever is closer. The applicant shall report the findings to the Township and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.

As a condition of approval, applicant shall provide all permits and plans from the DEP and other appropriate regulatory agencies within 30 days of receipt of such permits and plans. A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the Township.

Temporary housing for well site workers on the site is not permitted.

§ 400-97 Oil or gas processing plant.

No oil or gas processing plant or an addition to an existing oil or gas site shall be constructed or located within the Township unless a zoning permit under this chapter has been issued by the Township to the owner or operator approving the construction or preparation of the site for oil or gas development.

The permit application, or amended permit application, shall be accompanied by a fee as established by resolution in the Township Fee Schedule.

In addition to the other requirements of this chapter, the applicant shall provide to the Township at the time of application the following information:

(1)

(2)

A narrative describing an overview of the project as it relates to the oil or gas processing plant.

(3)

The address of the oil or gas processing plant as determined by the County 911 addressing program and information needed to gain access in the event of an emergency.

(4)

The contact information of the individual or individuals responsible for the operation and activities of the natural gas processing plant shall be provided to the Township and all applicable emergency responders as determined by the Township. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Township and all applicable emergency responders as determined by the Township.

(5)

To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the site. The plan will identify, but not be limited to gathering lines, natural gas compressor stations, and other midstream and downstream facilities located within the Township and extending 800 feet beyond the Township's boundary.

(6)

A site plan of the oil or gas processing plant including any major equipment and structures and all permanent improvements to the site.

(7)

(8)

The operator shall comply with any generally applicable bonding and permitting requirements for Township roads that are to be used by vehicles for site construction, drilling activities, and site operations.

Access.

(1)

Oil and gas facilities shall be accessed directly from an arterial or collector street as defined by this chapter.

(2)

Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.

(3)

Access directly to state roads shall require PennDOT HOP Approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the HOP.

(4)

Access directly to Township/county roads shall require a Driveway Permit/HOP prior to initiating any work at a well site.

Height. Permanent structures associated with the oil or gas processing plant shall comply with the height regulations for the zoning district in which the natural gas processing plant is located.

Setbacks/location.

(1)

Oil or gas processing plants shall comply with all general setback and buffer requirements of the zoning district in which the natural gas processing plant is located.

(2)

Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, the operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future development activities as authorized by the Township's applicable ordinances.

(3)

In construction of the natural gas processing plant, the natural surroundings should be considered, and attempts made to minimize impacts to adjacent properties.

Screening and fencing.

(1)

Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide. Additional lockable gates used to access the oil or gas processing plant by foot may be allowed, as necessary.

(2)

First Responders shall be given means to access the oil or gas processing plant in case of an emergency. Applicant must provide the County 911 Communications Center necessary information to access the well pad in the event of an emergency.

(3)

Warning signs shall be placed on the fencing surrounding the oil or gas processing plant providing notice of the potential dangers and the contact information in case of an emergency.

Lighting.

(1)

Lighting at an oil or gas processing plant shall, when practicable, be limited to security lighting.

(2)

Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development:

(1)

Prior to development, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency, or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical, emergency, or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 55 dBa. The sound level meter used in conducting any evaluation shall meet the ANSI's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

(2)

(3)

The noise generated during operating hours shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation or default level, whichever is higher.

(4)

All permanent facilities associated with oil and gas well sites, including, but not limited to, oil and gas processing plants, shall meet the general noise requirements of this chapter. Where a conflict exists, the more stringent requirements shall apply.

(5)

Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels or have installed mitigation devices to mitigate sound levels so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency, or other public facilities.

(a)

Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.

(6)

If a complaint is received by the Township regarding noise generated during construction or operation of the processing plan the operator shall, within 24 hours following receipt of notification, begin continuous monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency, or other public facilities, whichever is closer. The applicant shall report the findings to the Township and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.

Temporary housing for well site workers on the site is not permitted.

§ 400-98 Oil or gas well/pad.

Conditional use application. A person or entity desiring approval of a conditional use application pursuant to this section shall submit a written application in a form to be prescribed by the Township. Before submitting the application, the applicant is strongly encouraged to meet with the Township Manager or his designee to determine the requirements of and the procedural steps for the application. The intent of this process is for the applicant to obtain necessary information and guidance before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation. The application shall not be considered to be complete and properly filed unless and until all items required by this section, including the application fee, have been received. Such application shall include the following information and plans:

(1)

Payment of an application fee in an amount to be determined from time to time by the Board of Commissioners as adopted by a fee resolution. Said fee shall also include a requirement to deposit escrow funds to be drawn from by the Township for reimbursement of administrative and engineering and other professional fees associated with review and inspections to ensure compliance with the ordinance. The Township may adjust the escrow amount from time to time as may reasonably be required.

(2)

Five paper copies and one electronic copy of the completed application form supplied by the Township along with supporting documentation as identified in this section.

(3)

Written permission from the property owner(s) who has legal or equitable title in and to the proposed development or facility or demonstrable documentation of the applicant's authority to occupy the property.

(4)

The GPS location and 911 address of the well site.

(5)

Copies of any and all permits and applications submitted to all applicable local, county, state, and federal agencies. Permits and plans shall include but not be limited to the DEP well applications and permit. Erosion and Sediment Control General Permit-2, or current permit requirement, and all other required erosion and sedimentation, air, water, and waste management permits.

(6)

A site plan prepared by an engineer or surveyor licensed in Pennsylvania shall be provided to establish compliance with all applicable regulations. All drilling and production operations, including derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, temporary housing, ponds and pits, and ancillary equipment on the well site shall be identified. All protected structures within 1,500 feet of the property lines of the well site shall be identified. All roads related to the development or facility must also be shown. A sufficient number of copies of the site plan shall be provided for review and comment by all Township emergency service organizations.

(7)

Traffic study:

(a)

A description of plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials, and other items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the development or facility. Such description shall include a map showing the planned vehicular access roads and the transportation infrastructure being proposed and the type, weight, number of trucks and delivery schedule necessary to support each phase of the development.

(b)

An inventory, analysis, and evaluation of existing road conditions on Township roads along the proposed transportation route identified by the application, including photography, video, and core boring as determined to be necessary by the Township Engineer.

(8)

To the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a water withdrawal plan for the development identifying the source of water, how many gallons will be used and withdrawn each day, the origination of the water, proposed truck routes, and all permits issued by the Commonwealth of Pennsylvania or any other governmental body. If the development is to be supplied by way of waterlines, the locations of all proposed waterlines are to be identified. The site for the treatment and disposal of the water shall also be identified. The use of nonpotable water sources is highly encouraged. The use of injection wells for disposal of fracking fluid is strongly discouraged. The applicant is required to use best management practices.

(9)

To the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall identify the means and availability of the site for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials, and other waste products.

(10)

To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the development. The plan will identify but not be limited to gathering lines, compressors and other mid and downstream facilities located within the Township and extending 800 feet beyond the Township boundary.

(11)

The applicant shall provide a sufficient number of copies to the Township of the PPC plan as defined in the DEP document, "Guidelines for the Development and Implementation of Environmental Emergency Response Plans," or the most recent applicable guidance document, to be distributed to the Township Manager, the Emergency Management Coordinator, the Fire Chief and any other emergency service providers for the Township.

(12)

Noise management plan:

(a)

An acoustics study shall be prepared and submitted with the application. The study shall be prepared by an acoustics expert(s) acceptable to the Township. The study shall identify the existing background level of noise and the anticipated noise impact from the proposed use. The report shall contain measures of existing ambient measurements, estimates of the noise measurements to be anticipated from the type of operations and equipment that are proposed for the use and if there are any significant increases in those noise levels. The report shall also contain specific proposals that are intended to reduce noise levels emanating off the site.

(b)

The study shall be based upon actual sound level measurements and estimates of potential noise impact at the property lines of the site of the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on acoustics, in regard to the standards of this section.

(13)

Environmental impact analysis. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an environmental impact analysis. The environmental impact analysis shall describe, identify, and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed and approved by the Planning Commission and the Board of Commissioners. The Environmental Impact Study shall include, but not be limited to, all critical impact areas on or off-site that may be impacted by the proposed or ultimate use of the facility, including the impact on the critical areas, the protective measures and procedures to protect the critical areas from damage, and the actions to be taken to minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. Critical impact areas include, but are not limited to stream corridors; streams; wetlands; slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance.

(14)

Air quality study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an air quality study. The study shall be prepared by experts acceptable to the Township and submitted with the application and shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust, and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on air quality.

(15)

Hydrological study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units, and herewith submitted or where no such permit is required, the applicant shall provide a hydrological study. The study shall be prepared by a hydrogeologist acceptable to the Township. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas that may be affected by the proposed use, map the groundwater table, and analyze and delineate the effects of the proposed use on the hydrology, including surface water and groundwater quantity and quality. Acceptance of the study is subject to final approval by the Board of Commissioners. If the study shows an alteration to the groundwater, the application shall be denied.

(16)

Pre-development and post-development soil testing. Prior to beginning any oil and gas development activities, the operator shall be responsible for testing soil conditions within 300 feet each well site. The purpose of testing is to determine the baseline soil conditions surrounding the proposed well site and address resultant changes that may occur or have an impact on the soils of the site and surrounding area.

(a)

Pre-drilling testing results shall be submitted as part of the conditional use application.

(b)

Post-hydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.

(c)

The results shall be submitted to the Township and DEP within 10 days of their receipt.

(d)

The operator shall be responsible for all costs associated with testing and testing shall be done by an independent state-certified testing laboratory agreed upon by the Township.

(17)

The applicant shall provide any and all waivers from owners of protected structures.

(18)

Scheduling. The applicant shall provide a schedule with the application indicating the anticipated beginning and ending dates for the following activities:

(a)

Well site preparation;

(b)

Drilling activity;

(c)

Completion (perforating);

(d)

Stimulation (hydraulic fracturing);

(e)

Production work;

(f)

Plugging; and

(g)

Site restoration.

(19)

Insurance. Applicant shall furnish to the Township a Certificate of Liability Insurance naming the Township as an additional insured with respect to operations conducted within the Township, showing proof of liability insurance covering commercial, personal injury, and general liability in amounts not less than $25,000,000 per occurrence. The 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.

Conditional use approval is nontransferrable without consent from the Board of Commissioners and shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of issuance of the approval. The conditional use approval may be extended by the Board of Commissioners upon written request by the operator, after notice and hearing. The operator shall provide proof that the requested conditional use permit for such location has not changed and that the operator meets all applicable criteria contained in this section.

General standards.

(1)

Best management practices shall be followed.

(2)

The uses regulated by this section are determined to be land developments and subject to the applicable provisions of the SALDO,[1] as it may be amended.

[1]

Editor's Note: See Ch. 350 of this Code.

(3)

Any hazardous or toxic material shall be securely contained, stored, and removed in accordance with applicable state or federal regulations. On-site disposal is prohibited. All hazardous materials stored must be clearly marked, identifying the contents, chemicals, and hazards as required by the OSHA Hazard Communication Standard 29 CFR 1910.1200 and National Fire Protection Association (NFPA) Code 104 - Standard System for the identification of the Hazards of Materials for Emergency Response. All regulated tanks are to be labeled to a NFPA specification.

(4)

Fracture fluid storage ponds, open pits, and reserve pits are highly discouraged. Closed-loop systems and other related best management practices, including, but not limited to, the use of netting over fracture fluid ponds, shall be used during the drilling or completion of any well.

(5)

Fresh water storage ponds are permitted. The use of nonpotable water is strongly encouraged.

(6)

All operations shall be in accordance with applicable federal laws and regulations, the Pennsylvania Oil and Gas Act (58 P.S. §§ 601.101 et seq.),[2] as amended, and pursuant to all other applicable rules, regulations, and procedures adopted pursuant thereto.

[2]

Editor's Note: See now 58 Pa.C.S.A. § 3201 et seq.

(7)

The operator shall be responsible for prevention and prompt removal of spills involving waste materials, oil, and toxic or hazardous materials.

(8)

Multiple well pad sites on any one oil and gas development shall be prohibited, unless the operator proves to the satisfaction of the Township that the underlying geology makes using a single well pad impractical.

(9)

Changes in the site plan, including, but not limited to, any expansion of the ground surface area used and/or devoted towards drilling operations, requires a new conditional use approval pursuant to the terms and conditions of this section of the chapter.

(10)

At least 30 days prior to any development activity at the development or facility, the operator shall provide the following information to each property owner within 4,000 feet of the planned surface location of the development or facility.

(a)

A copy of the site plan submitted as part of the conditional use application;

(b)

A general description of the planned operations at the development or facility and associated equipment to be used;

(c)

The contact information for the operator; and

(d)

The availability of the operator to hold a meeting locally with such residents to present the operator's plans for the development or facility and to allow for questions and answers. The meeting(s) shall be held prior to the commencement of development activity.

(11)

A duly authorized representative of the Township, trained by the operator or agents of the operator, shall have the authority in relation to the enforcement of this section to enter upon the property of a development or facility for the purpose of inspecting the equipment and all other aspects of the site necessary to ensure compliance with this section.

(12)

The operator of any development or facility shall notify the Emergency Management Coordinator, Township Manager, and Township Engineer no less than 90 days prior to the startup and abandonment or shutdown of any well site.

Setbacks/location.

(1)

Oil and gas well/pads shall comply with all screening and bufferyard requirements of the zoning district in which the pad/well is located.

(2)

In construction of the oil and gas well/pad, the natural surroundings should be considered, and attempts made to minimize impacts to adjacent properties.

(3)

Wellheads shall be located not less than 500 feet any protected structure.

(4)

Oil and gas well/pads and all drilling and production operations, including, but not limited to, derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, ponds, pits, and ancillary equipment, shall be located not less than 500 feet from the nearest property line.

Traffic impact.

(1)

The proposed routes must be designed to minimize the impact on streets within the Township. The Township reserves the right to designate alternate routes in the event that the applicant's proposed routes are deemed inadequate, unsafe, or overly disruptive to normal vehicular traffic by the Township. Vehicles are to operate on state roads and may only use Township roads when the use of state roads is not feasible. The operator shall coordinate truck routes with the school bus schedule so as to minimize interference with transportation of students to and from school.

(2)

Prior to the commencement of any activity at the development or facility, the operator shall enter into a municipal roadway maintenance and repair agreement with the Township, in a form acceptable to the Township, regarding maintenance, repair, and bonding of municipal roads that are to be used by vehicles for development activities. The applicant shall take all necessary corrective action and measures as directed by the Township pursuant to the agreement to ensure the roadways are repaired and maintained during and at the conclusion of all development activities.

(3)

The operator shall take the necessary safeguards to ensure that the Township roads utilized remain free of dirt, mud, and debris resulting from development activities and/or shall ensure such roads are promptly swept and cleaned if dirt, mud, and debris occur.

(4)

The operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and or/adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and allowed, during periods of anticipated heavy or frequent truck traffic associated with the development of the facility, the operator will provide flagmen to ensure the public safety and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.

(5)

There will be no staging of trucks or equipment on local roads.

(6)

A traffic control plan in conformance with PennDOT standards shall be provided.

Visual.

(1)

The oil and gas development or facility shall be located, designed, and constructed to minimize the removal of trees and shrubs, to protect natural resources, and to minimize the amount of surface disturbance.

(2)

The operator shall not clear brush or trees by way of burning and shall chip, grind, or remove all tree stumps from properties it clears for development purposes.

(3)

The location and design of structures and site improvements shall be integrated with the natural color, form, and texture of the surrounding area.

Lighting.

(1)

Lighting at an oil and gas well/pad shall, when practicable, be limited to security lighting.

(2)

All temporary outdoor lighting shall be shielded and reflected away from adjoining properties so that no direct beam of light, but only diffused or reflected light, enters adjoining properties.

(3)

No site lighting used for or associated with well site construction, drilling operations or post-drilling production shall be positioned in a manner such that it shines directly on public roads, protected structures, or any property within 3,000 feet of the well site. Site lighting must be directed downward and shielded to prevent glare on public roads and adjacent properties.

Air and water quality.

(1)

Air-contaminant emissions shall be in compliance with all Township, county, state, and federal regulations, including, without limitation, the provisions of this chapter, as amended, and all applicable regulations for smoke, ash, dust, fumes, gases, odors, and vapors.

(2)

The operator shall take the necessary safeguards to ensure appropriate dust-control measures are in place to prevent visible plumes of dust from crossing the property line or adversely impacting neighboring properties.

(3)

Sixty days prior to drilling, the operator shall notify residents with water wells within 4,000 feet of the gas well of its intentions to drill. The operator shall provide proof of notice to the Township.

(4)

All condensate tanks, compressor stations, processing plants, and other production facilities shall be equipped with vapor recovery and/or vapor destruction units.

Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development:

(1)

Prior to development, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical, emergency, or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 55 dBa. The sound level meter used in conducting any evaluation shall meet the ANSI's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

(2)

(3)

The noise generated during operating hours activities shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation or default level, whichever is higher:

(a)

During drilling activities, by more than 10 dBa during the hours of 7:00 a.m. to 9:00 p.m.

(b)

During drilling activities, by more than seven dBa during the hours of 9:00 p.m. and 7:00 a.m. or by more than 10 dBa during hydraulic fracturing operations. The operator shall inform the Township of which level (average ambient noise level or default level) is being used.

(4)

All permanent facilities associated with the oil and gas well/pad shall meet the general noise requirements of this chapter. Where a conflict exists, the more stringent requirements shall apply.

(5)

Oil and gas wells/pads or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels or have installed mitigation devices to mitigate sound levels so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency, or other public facilities.

(a)

Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.

(6)

Hazards.

(1)

Upon request of the Emergency Management Coordinator, the operator shall, prior to drilling its first gas well in the Township, make available with at least 30 days' notice, at the applicant's sole cost and expense, an appropriate group training program for emergency responders and Township Code Enforcement Personnel. Such training shall be made available at least annually during any year that drilling activities take place at the oil and gas development or facility. Training should cover each phase of the development from site work to well completion. The Township shall require a minimum of four hours of annual training, with additional hours added at the recommendation of the Fire Chief annually. If additional wells are drilled at the site, the operator and Emergency Management Coordinator will determine if additional training is required.

(2)

The applicant shall maintain at the property and on file with the Township a current list and the MSDS for all chemicals used in the drilling operations (including, but not limited to types of additives, acids, polymers, salts, surfactants and solvents) and in any fracturing operations. If the PPC requires availability and/or utilization of special equipment or supplies particular to the hazards or conditions addressed in the PPC, the Township shall require the operator to reimburse the Township for the cost of procurement of such special equipment or supplies.

Access.

(1)

Beginning with its intersection with a public street, any ingress or egress point for the development or facility shall be paved for the first 50 feet and improved with limestone or other material for the next 100 feet in a manner that no water, sediment, or debris will be carried onto any public street. If any amount of mud, dirt, or other debris is carried onto public or private ROW from the well site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Township to keep the streets continuously clean.

(a)

The first 50 feet from the existing edge of pavement extending into the site shall consist of the following material:

[1]

Compacted subgrade.

[2]

PennDOT Class 4 geotextile fabric.

[3]

Eight inches of AASHTO No. 1 crushed aggregate base course.

[4]

Two inches of PennDOT 2A aggregate.

[5]

Six inches of superpave 25 mm binder course.

(b)

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

[1]

Eight inches of AASHTO No. 1 crushed aggregate base course.

[2]

Two inches of PennDOT 2A aggregate.

(2)

Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to:

(a)

Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2.

(b)

Ensure adequate capacity for existing and projected traffic volume.

(c)

Provide efficient movement of traffic, including appropriate turning radii and transition grade.

(d)

Minimize hazards to highway users and adjacent property and human activity.

(3)

All applicable permits or approvals must be obtained, including, without limitation:

(a)

Access or driveway permits to state or county roads.

(b)

Overweight or oversize loads.

Geophysical exploration.

(1)

For any areas of the Township where the applicant intends to conduct seismic testing, a licensed geologist must provide a report regarding the ability of the land to subside due to the proposed operations. This report must detail the amount of risk of seismic activity because of existing subsurface conditions and with the introduction of drilling and fracking.

(2)

The applicant shall post a bond or other security in a form to be approved by the Township in the amount of $1,000,000 to cover the cost of any damages as a result of seismic testing.

Storage of equipment.

(1)

No equipment, including drilling, re-drilling, re-working, or other portable equipment, shall be stored on the development or facility which is not essential to the everyday operation of the development or facility. This includes the removal of idle equipment unnecessary for the operation of wells.

(2)

Lumber, pipes, tubing, and casing shall not be left on the development or facility except when drilling or well-servicing operations are being conducted on the site.

(3)

It shall be illegal to park or store any vehicle or item of machinery on any street, ROW, or in any driveway, alley or on the development or facility which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except that equipment which is necessary for the maintenance of the development or facility or for the gathering or transporting of hydrocarbon substances from the site.

Fencing, screening, and buffering.

(1)

Security fencing consisting of a permanent galvanized chain-link fence, a minimum of eight feet in height, topped with either razor or barbed wire shall be installed prior to the commencement of any activity at every well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the well site.

(2)

Security fencing shall be equipped with lockable gates at every access point and having openings no less than 12 feet wide. Gates shall be kept locked except when being used for access to the site. Additional lockable gates used to access the well site, freshwater ponds or open pits by foot may be allowed, as necessary. The fence posts shall be set in concrete at sufficient depths to maintain the stability of the fence.

(3)

The Township's first responders shall be given means to access the well site in case of an emergency via lock box or a Township-approved equivalent. The applicant must provide the Allegheny County 911 Communications Center with necessary information to access the development or facility in case of an emergency.

(4)

Warning signs shall be placed on the fencing surrounding the development or facility, providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the well site.

(5)

In construction of the oil and gas development or facility, the natural surroundings shall be considered, and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible.

Structure height. Permanent structures of the oil and gas developments and facilities (both principal and accessory) shall comply with the height regulations of the applicable zoning district.

§ 400-99 Outdoor recreation.

The perimeter of an outdoor recreation area shall be screened with natural plantings or fencing that is a minimum of four feet in height and with a maximum of 15% transparency.

All ingress and egress to and from the site shall be situated so as not to interfere with through traffic movements on adjacent streets.

No lighting, noise, or other aspect of the recreation development shall, in the opinion of the Planning Commission and Board of Commissioners, produce any nuisance factor to residential or public uses which are in proximity.

§ 400-100 Parking area, commercial.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

A traffic impact study shall be required for parking lots with more than 100 spaces. The traffic study shall be reviewed and approved by the Township Traffic Engineer.

§ 400-101 Parking structure, commercial.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

§ 400-102 Personal support services.

All ingress and egress to and from the site shall be situated so as not to interfere with through traffic movements on adjacent streets.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Safe vehicular access and areas for discharging and picking up patients shall be provided.

§ 400-103 Pharmacy.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

A pharmacy shall be adequately screened and buffered as required by this chapter, as outlined in § 400-139.

§ 400-104 Pilot manufacturing.

Where pilot manufacturing is related to research and development, the total floor area devoted to pilot manufacturing shall not exceed 25% of the total floor area of all buildings devoted to research and development.

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

The storage, use, or manufacture of hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the pilot manufacturing activity, and the transportation, handling, use and disposal of such materials shall conform with all applicable regulations and permit requirements of the EPA and the DEP.

Lighting shall be oriented away from adjacent properties and shall not exceed one-tenth footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

To ensure public health and safety, the site shall be served by and connected to a public sanitary sewer system and public water system at the cost of the landowner and/or developer.

The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, as amended, and stormwater management as described in the DEP Stormwater Best Management Practices Manual, as amended in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 400-105 Place of worship.

All buildings and structures shall be set back at least 100 feet from all lot lines and rights-of-way.

The primary visitor dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.

All outdoor lighting shall be shielded and reflected away from adjacent properties.

All dumpsters and/or waste collection areas shall be enclosed by a solid masonry screen.

If the parking area for a place of worship or place of assembly is adjacent to a single-family residential lot, any parking areas that demand greater than 10 automobiles, the following shall apply:

(1)

An additional ten-foot setback with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential development:

(a)

One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or

(b)

A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed where the sides do not exceed a four-foot horizontal to one-foot vertical change in elevation. The mound shall be landscaped with plants that provide four seasons of interest, not including turf grass. The landowner and/or developer shall coordinate lot drainage so that lot development and grading do not create any adverse effects on adjacent properties.

§ 400-106 Production facility.

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

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

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

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

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

§ 400-107 Recycling business.

The perimeter of the property shall be enclosed with a fence or wall no higher than eight feet and no lower than six feet in height. Barbed-wire fences are prohibited.

Requirements for indoor and outdoor storage are listed in the table below:

Table 11: Recycling Requirements
Type of Recyclable	Under Roof Y/N	Need to Be Covered Y/N
Beverage Containers	No	No
Demolition Debris	No	No
Electronics	Yes	N/A
Metal	No	No
Oil	Yes	N/A
Paper	Yes	N/A
Plastic	No	No
Rubber products	No	Yes
Tires	Yes	Yes

(1)

Batteries and other items considered hazardous waste shall not be kept on site.

(2)

Recycled oil shall be kept in an enclosed container at all times.

(3)

Any item that would create a hazardous runoff shall be kept under a roof or covered at all times.

(4)

Items such as newspaper, office paper, plastic, and drinking containers shall be secured so that they are not affected by the wind.

(5)

No pile of recyclables shall exceed 20 feet in height.

§ 400-108 Research and development.

Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light, or other disturbance or interruption.

Loading areas shall not be visible from a street ROW or an adjacent residential dwelling.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Commissioners may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

The storage, use, or manufacture of hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the research and development activity, and the transportation, handling, use, and disposal of such materials shall conform with all applicable regulations and permit requirements of the EPA and DEP. An inventory of hazardous, toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases, or solids shall be updated annually and submitted to the Township for record.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

§ 400-109 Restaurant, fast food.

An interior circulation plan shall be submitted illustrating a minimum of three consecutive vehicles in staking position.

A minimum eighteen-foot wide fire lane shall be provide on at least two sides of the structure. Traffic access aisleways may function as fire lanes.

All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as defined in Article VII of this chapter.

As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.

All dumpsters shall be located in the rear setback yard and shall be screened appropriately. All screens shall have a length of eight feet in height and shall have a minimum opacity of 80%.

Mechanical equipment location(s) are subject to Board of Commissioners approval and shall be designed and screened so that visibility from an adjacent residential zoning district is minimized to the greatest extent possible.

No more than one sign shall be permitted. Said sign shall be a ground or a wall sign.

If the proposed fast food restaurant contains a drive-through facility, it shall also meet the conditional use criteria for a "drive-through facility" as outlined in this chapter.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

The site shall be connected to public water and public sanitary sewer systems.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 400-110 Restaurant, sit-down.

All food and beverages must be served by persons employed by the restaurant.

Seating at tables, counters, or booths inside the structure shall take place.

Any outdoor seating areas shall be reviewed and approved by the Board of Commissioners.

Take-out services may be offered.

The sale and consumption of alcoholic beverages must be incidental to the sale and consumption of food.

The hours of operation and activities for a sit-down restaurant shall be appropriately scheduled to protect adjoining neighborhoods from detrimental noise, disturbance, or interruption.

All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as defined in Article VII of this chapter.

As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.

All dumpsters shall be located in the rear setback yard and shall be screened appropriately. All screens shall have a length of eight feet in height and shall have a minimum opacity of 80%.

No more than one sign shall be permitted. Said sign shall be a ground or a wall sign.

If the proposed take-out only restaurant contains a drive-through facility, it shall also meet the conditional use criteria for a "drive-through facility" as outlined in this chapter.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

The site shall be connected to public water and public sanitary sewer systems.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 400-111 Restaurant, take-out.

The hours of operation and activities for a take-out only restaurant shall be appropriately scheduled to protect adjoining neighborhoods from detrimental noise, disturbance, or interruption.