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

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

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.

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.

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.

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.

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

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

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.

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.

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

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.

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]

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.

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.

Single-family dwelling.

Multi-family dwelling.

Financial institution.

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

Day-care facilities of all types.

Civic or cultural building.

Community center.

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

Extended care units (nursing home).

Assisted living units.

Independent living units (multiple dwelling structures).

Independent living units (single-family attached or detached.

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

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

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

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

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

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

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

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

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

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

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

Maximum height is four stories or 50 feet.

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%.

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

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

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

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.

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.

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

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

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.

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.

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

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:

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

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.

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

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

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.

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

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.

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

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.

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

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

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

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

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.

Beauty shops or barber shops containing more than two chairs.

Clinics, hospitals, or nursing homes.

Kennels, veterinary offices, and clinics.

Mortuaries.

Private clubs.

Private instruction to more than three students at a time.

Restaurants or tearooms.

Stables.

Tourist or boarding homes.

Vehicle or equipment rental, repair, or sales.

Vehicle repair garages, as defined by this chapter.

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

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.

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

The risk of fire.

Visibility from adjacent lots.

Noxious odors to adjacent lots and/or ROWs.

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.

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

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

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

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

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.

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.

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

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

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

The establishment of a transfer and storage business.

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

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

A mix of construction materials and colors.

Horizontal and vertical breaks that create visual interest.

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

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.

Front yard: 25 feet.

Side yard: 10 feet.

Rear yard: 20 feet.

Lawful existing or authorized uses of adjacent properties.

Neighboring flood-prone or landslide-prone areas.

Agriculture or farmland.

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.

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

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.

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

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.

Lawful existing or authorized uses of adjacent properties.

Neighboring flood-prone or landslide-prone areas.

Agriculture or farmland.

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

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.

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

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:

Sound test.

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.

The site shall be serviced by public water and public 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.

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

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.

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

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 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.

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.

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

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.

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.

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.

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

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.

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.

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

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

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.

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

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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

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

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.

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

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The GPS location and 911 address of the well site.

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.

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.

Traffic study:

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.

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.

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.

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.

Noise management plan:

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.

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.

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.

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.

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

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

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.

Best management practices shall be followed.

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.

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.

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.

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

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.

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

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.

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.

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 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.

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.

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

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

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

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.

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.

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.

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.

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.

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

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

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.

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.

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

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

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.

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-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.

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.

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.

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

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.

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.

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:

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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

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

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

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

No pile of recyclables shall exceed 20 feet in height.

The building shall be at least 250 feet in any direction from any residential dwelling (including multi-family buildings), also at least 500 feet from any public park property (including such uses in adjacent municipalities).

The building shall be at least 1,000 feet in any direction from any school property, church property, preschool property, or child day-care center property (including such uses in adjacent municipalities).

The building shall be at least 100 feet in any direction from any hotel or motel (including such uses in adjacent municipalities).

The building shall be at least 2,500 feet in any direction from any other building which is utilized for any other adult business which is defined in this section (including such uses in adjacent municipalities).

The sexually oriented and/or adult business shall not be open from 2:00 a.m. to 11:00 a.m. daily.

The sexually oriented and/or adult business shall not be open on Sundays and holidays except that an adult business open on Saturday may remain open until 2:00 a.m. on Sunday morning.

A site survey of the property and building proposed for the sexually oriented and/or adult business and a survey illustrating the distance to the location, size, and type of all buildings and uses within 2,500 feet of the building proposed for the adult business. The survey shall be prepared and sealed by a surveyor licensed by the Commonwealth of Pennsylvania and shall be at a scale no less than one inch to 100 feet. The survey shall indicate the scale, date drawn, north point, tax parcel number of all parcels illustrated, the names of any roads or highways illustrated, and shall be on paper measuring 24 inches by 36 inches. Five paper copies and one electronic copy of the survey shall be submitted with the application.

The above-referenced site survey shall indicate the proposed parking layout, landscaping, lighting, sign location, building location, and any other exterior improvements.

If liquor for sale is proposed, a copy of the license issued by the LCB shall be submitted.

A nude model studio shall not employ any person under the age of 18 years.

The studio owner or operator and any person under the age of 18 years commits a violation of this chapter if the person appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or visible to any other person.

The studio owner or operator and any person commits a violation of this part if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public ROW.

A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises; except that a sofa may be placed in a reception room open to the public.

The solar energy production facility owner is required to notify the Township immediately upon cessation or abandonment of the operation.

Discontinuation/abandonment is presumed when a solar system has been disconnected from the net metering grid for a period of six continuous months or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be upon the Township.

The solar facilities and all related equipment must be removed within 12 months of the date of discontinuation or abandonment or upon the determination of the useful life of the solar system.

For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.

The owner or operator of the solar facility, upon issuance of all final occupancy permits and approvals by the Township and any associated permitting agencies, shall provide a form of financial security satisfactory to the Township, in the form of a bond or a letter of credit, for potential use of decommissioning the facility.

If the owner fails to remove or repair the vacated, abandoned or decommissioned solar facilities within the twelve-month period outlined above, the Township reserves the right to enter the property, remove the system, and use the financial security in place mentioned in Subsection (N)(5) above by the owner or pursue other legal action as may be necessary to have the system removed at the owner's expense.

Any unpaid costs resulting from the Township's removal of a vacated, abandoned, or decommissioned solar system, if not covered by the financial security posted, shall constitute a lien upon the property against which the costs were charged. Each such lien may be continued, recorded, and released in the manner provided by the general statutes for continuing, recording, and releasing property tax liens.

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

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

Service, repair, or conduct similar repair activities of any of the items stored at the outdoor storage yard.

Be occupied or used for living or sleeping purposes.

Conduct vehicle sales or retail sales of any kind.

Conduct any other commercial or industrial activity.

All operable vehicles stored in identified storage areas shall have current vehicle registration and/or inspection, as required.

All storage yards related to the principal use are permitted only in the rear yard and at least 50 feet from a residential zoning district.

The designated storage area shall not include the required parking for the permitted principal use.

Storage areas shall not create traffic hazards or block pedestrian or vehicular circulation.

The storage 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.

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

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

Service, repair, or conduct similar repair activities of any of the items stored at the outdoor supply yard.

Be occupied or used for living or sleeping purposes.

Conduct vehicle sales or retail sales of any kind.

Conduct any other commercial or industrial activity.

All supply yards related to the principal use are permitted only in the rear yard and at least 50 feet from a residential zoning district.

The designated supply storage area shall not include the required parking for the permitted principal use.

Supply storage areas shall not create traffic hazards or block pedestrian or vehicular circulation.

The supply 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.

Three hundred feet to adjoining properties and public road ROWs.

Five hundred feet to any existing adjoining residential structure.

Two hundred feet to any body of water, stream, or wetland.