Buffalo Township Washington County
City Zoning Code

Expansion or extension of existing uses. Natural and reasonable expansion and extensions of existing uses not in excess of 25% and in accordance with this chapter may be permitted by the Zoning Hearing Board after public hearing under these conditions:

Directional, information or public service signs such as those advertising the availability of rest rooms, telephone or similar public conveniences, and signs advertising meetings times and places of nonprofit service or charitable clubs or organizations, may be erected or maintained provided that such signs do not advertise any commercial or industrial establishment, activity or organization. Such signs shall not exceed two square feet in area.

Signs of schools, colleges, churches, hospitals or of institutions of a similar nature relating exclusively to the identity, activities and services of such institutions and shall be limited to one such sign for each separate use of no more than 24 square feet.

Real estate signs shall not exceed six square feet in area and not more than one such sign shall be erected for each 10,000 square feet (or portion thereof) of property held in single or separate ownership.

Such signs must be removed by the person or persons erecting them upon completion of the sale or rental of the property.

Other such signs shall not exceed 12 square feet in area, shall be limited to one per property and shall be removed immediately upon the completion of work and the site or building on which the sign was erected shall be restored to its original condition upon removal of such signs.

Signs shall not contain information or advertising for any product not sold on the premises.

Free standing signs advertising a business use are permitted when located on the same premises and provided that only one such sign is erected for any one business establishment and that the area of the sign does not exceed 30 square feet.

Business signs attached parallel to the wall of the business premises which they announce or advertise shall not be larger than 15% of the wall area, including doors and windows, upon which they are affixed.

When individual letters are used separately on a plain surface, the spaces between said letters shall be included in computing the area of the sign.

Mounted signs shall be installed parallel to the supporting wall and project not more than 10 inches from the face of any such wall.

A nonconforming sign on a nonconforming use may be continued but the area of such sign, or signs, shall not be increased.

The aggregate total area of all signs on each commercial parcel shall be a maximum of 75 square feet or 2 1/2 square feet per front foot of the building, whichever is less.

Signs shall not be painted directly on the surface of any building.

Signs indicating name, address or professional activity (name plate) of occupant of premises shall not exceed three square feet in area and shall be limited to one such sign for each separate use or dwelling.

No sign shall be constructed, located or illuminated in any manner which causes undue glare, distraction, nuisance or confusion to traffic or to other property.

No sign shall be erected within the lines of a street right-of-way except traffic signs and similar regulatory notices of a duly constituted governmental body.

No artificial light or reflecting device shall be used as a part of a sign where such light or device interferes with, competes for attention with, or may be mistaken for a traffic signal.

Floodlighting shall be arranged so that the source of light is not visible from any point off the lot and that only the sign is directly illuminated thereby.

No sign shall be erected except on the property to which it is related.

Billboards are prohibited in all residential districts.

Flashing, moving, neon (and the use of other gaseous material) or oscillating lights are expressly prohibited.

No signs shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of the Township Zoning Ordinance.

Every sign permitted except temporary signs must be constructed of durable material and kept in good condition and repair. Any sign which is allowed to become dilapidated shall be removed by the Township at the expense of the owner or lessee of the property on which it is located.

Nonconforming signs once removed physically may be replaced only with conforming signs; every sign erected shall also comply with the yard requirements for buildings for the zoning district in which said sign is erected.

No business or industrial sign shall be placed to face an abutting Residential District except when authorized as a special exception.

Size is not limited to signs in Industrial Districts, but such signs must advertise goods or services sold or produced on the premises.

If a use ceases for a period of six months, signs advertising the ceased business or businesses must be removed. Such signs may be removed by the Township at the expense of the owner or lessee of the property on which such sign is located.

A temporary real estate or construction sign is permitted on property being sold, leased or developed. Such sign shall be promptly removed when it has fulfilled its purpose.

Off-street loading and unloading space or spaces, with proper and safe access from street or alley, shall be provided on each lot where it is deemed that such facilities are necessary to adequately serve the uses within the district. Each loading and unloading space shall:

Required off-street parking space (including aisles) shall not be used for loading and unloading purposes, except during hours when business operations are suspended.

Loading and unloading facilities shall be designed so that trucks need not back in nor out, nor park in, the public way.

No truck shall be allowed to stand in:

Parks and outdoor recreational uses shall be permitted so long as their activities do not conflict with the use of the land as a watershed.

Tree farming, forestry and other agricultural uses, when conducted in conformance with conservation practices that ensure adequate protection against soil erosion.

Residential uses on a one acre minimum site subject to § 265-47E of this chapter, unless more restrictive regulations apply.

Any person desiring to change or in any way modify an existing use of land in an area subject to these controls shall supply a statement to the Planning Commission signifying his intentions that the intended use of the land will be a use permitted by these regulations.

If such change in use involves the construction of any building, the applicant shall, in addition, furnish the Zoning Officer with a statement prepared by a registered civil engineer or surveyor to the effect that the proposed building will not be erected on any land where the percentage of grade exceeds 40%.

Site plan of the property indicating existing grades, with contour lines at two-foot intervals, and proposed grades, Landscaping Plan indicating proposed paved areas, storm drainage facilities, and ground cover, as well trees and ornamental shrub location.

Architectural plans, elevations and sections.

A statement prepared by a registered architect stating an explanation of the building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural watersheds, and preventing soil erosion.

Lot size: one acre (43,560 square feet) minimum.

Lot width: 150 feet minimum.

Lot coverage: 10% maximum.

Building setback line: 50 feet minimum.

Side yards: 30 feet minimum each.

Rear yards: 50 feet minimum.

Height of buildings: as determined by the Planning Commission.

Where land extends through in the rear to another street, there shall be a rear yard equal in depth to that required for the front yard on the opposite side of such street, but not less than 35 feet, at least 15 feet of which shall be used for planting and screening purposes.

Where the land is used for the purposes set out in this article, there must be reserved a strip of land on any side adjoining a residential area, which strip shall be used for screening purposes and shall be planted and maintained according to the following standards:

There shall be a rear yard of not less than 25 feet at any point. The fifteen-foot reserved strip required by § 265-18C(1) need not be added to the twenty-five-foot rear yard.

A planted visual barrier, or landscape screen, shall be provided and maintained by the owner or lessee of a property between any district and contiguous residentially zoned districts, except where natural of physical man-made barriers exist. This screen shall be composed of plants and trees arranged to form both a low level and a high level screen. The high level screen shall consist of trees planted with specimens no younger than three years in age, and planted at intervals of not more than 10 feet. The low level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low level screen shall be placed in alternating rows to produce a more effective barrier. All plants not surviving three years after planting must be replaced.

Any existing business affected by these regulations at the time of passage of this chapter, shall not be required to comply with the above screening requirements except in case of enlargement or major alteration of such business. Similarly, for any zoning district boundary change after the passage of this chapter initiated by a residential developer abutting a Commercial (C) or Industrial (L-1) property for which these regulations apply these screening requirements shall not be imposed upon such Commercial or Industrial property.

All organic rubbish or waste materials shall be stored in airtight vermin-proof containers which shall be screened from view from any public right-of-way or abutting residential districts and shall be in conformation with § 265-48N of this chapter. Screening shall consist of evergreen planting or an architectural screen, and such screen shall be at least six feet in height.

The exterior storage of tractor trailers or trucks which supply, service, or are operated by the establishments in any commercial districts shall be prohibited except in cases of emergency where approved by the Zoning Officer, but not to exceed 30 days.

Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site. Drives may one one-way or two-way.

Areas provided for loading and unloading of delivery trucks and other vehicles, and for the servicing of shops by refuse collection, fuel and other service vehicles, shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.

Parking spaces shall be clearly delineated by painted lines or markers.

Stalls shall be provided with bumper guards or wheel stops when necessary for safety or protection to adjacent structures or landscaped areas.

Surface drainage shall be connected to the existing or proposed drainage system.

All vehicular entrances and exits to parking areas shall be clearly designated for all conditions.

Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings.

If spaces are used during evening hours, appropriate lighting shall be provided.

Existing structures.

New structures.

Application requirements for conditional use. The application for conditional use shall include a development and operational plan. The following information, and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this chapter will be achieved, shall be included.

Accessory solar energy systems are a permitted use in all zoning districts.

Exemptions. ASES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to an existing ASES, whether or not existing prior to the effective date of this section that materially alters the ASES, shall require approval under this section. Routine maintenance or like-kind replacements do not require a permit.

The ASES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ATSM), Institute of Electrical and Electronics Engineers (IEEE) and recognized Solar Rate and Standard organizations and shall comply with the PA Uniform Construction Code, and with all applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

All on-site utility, transmission lines, and plumbing shall be placed underground to the greatest extent possible.

All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.

All ASES shall be situated such that concentrated solar radiation or glare does not project onto nearby properties, structures or roadways. Alternatively, non-glare solar components may be used.

In addition to the requirements of the Buffalo Township Zoning Ordinance, zoning certificate applications shall document compliance with this section, and related subsections. Zoning certificates shall be revoked if the ASES, whether new or preexisting, is moved or otherwise altered, whether intentionally or by natural forces, in a manner which caused the ASES not to be in conformity with the ordinance. In the case of nonconformity caused by natural or intentional forces, the owner shall have a maximum of 90 days to initiate necessary remedial action to bring the system back in conformance to the ordinance.

The ASES must be properly maintained and kept free from all hazards, including but not limited to faulty wiring and/or batteries, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of violation, the Township and/or the Zoning Officer shall give written notice specifying the violations, pursuant to Article X, § 265-65 of the Buffalo Township Zoning Ordinance.

Setbacks.

Height. Freestanding ground-mounted ASES shall not exceed 15 feet in height above the ground elevation surrounding the system.

Screening. Ground-mounted ASES shall be screened from any adjacent property that is residentially zoned or used for residential purposes in the event that there is a substantiated complaint of glare caused by the ASES. The screen shall consist of a native plant or shrub species, 6' to 8' when mature. In lieu of plant or shrub screen, a decorative fence meeting the requirements of the Buffalo Township Zoning Ordinance may be used. Vegetative buffering shall be selected to provide year-round buffering and shall be of sufficient height, density, and maturity to screen the facility from visibility, within 36 months of the installation of the facility.

Coverage.

A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.

ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for buildings within each of the applicable zoning districts.

Wall-mounted ASES shall comply with the building setbacks in the applicable zoning districts.

Solar panels shall not extend beyond any portion of the roof edge.

The owner shall provide evidence certified by an appropriately licensed professional that the roof is capable of holding the load of the ASES.

Principal solar energy systems are a conditional use Rural Agricultural District, Highway Commercial District, and Light Industrial District.

Principal solar energy systems are not permitted in any Residential District.

All solar panels must pass the U.S. EPA Toxicity Characteristic Leaching Procedure (TCLP).

In addition to the requirements of Article III, Section 282-303, of the Buffalo Township Zoning Ordinance,[1] zoning certificate applications shall document compliance with Article XII, Section 320-1207,[2] and related subsections. Zoning certificates shall be revoked if the PSES, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the PSES not to be in conformity with the ordinance. In the case of nonconformity caused by intentional or natural forces, the owner shall have a maximum of 90 days to initiate necessary remedial action to bring the system back in conformance to the ordinance.

In addition to the application requirements for conditional uses under Section 320-1207[3] of the Buffalo Township Zoning Ordinance, a project narrative including the following shall be submitted with the conditional use application: an overview of the project, project location, the approximate generating capacity, the number, representative types, and heights of facilities to be constructed, including their generating capacity, dimension and respective manufacturers, and description of any ancillary facilities to the solar-energy systems. The project narrative shall also include the location in reference to residences, streams and other features of land. In addition to the project narrative, a map from the Natural Resources Conservation Service (NRCS) identifying prime farmland and farmland of statewide importance; documentation from the Pennsylvania Natural Diversity Inventory (PNDI) regarding the presence of any identified critical habitat for rare threatened or endangered federal or state species; a Federal Emergency Management Agency (FEMA) map delineating floodplains and which also include evidence of water quality; and a letter from the Pennsylvania Historic and Museum Commission (PHMC) regarding known archaeological or cultural resources listed or eligible for listing on the National Register shall be included.

Conditional use approval is required prior to obtaining land development plan approval. The conditional use approval and land development plan approval processes can be concurrent. All necessary stormwater plan approvals, erosion and sedimentation ("E&S") and NPDES ("National Pollutant Discharge Elimination System") permits must be approved prior to receiving final land development plan approval by the Board of Supervisors of Buffalo Township. An approved land development plan is required for application for a zoning certificate.

All PSES developments must comply with all applicable federal, state and local regulations and obtain permits required by any governmental regulatory agency with jurisdiction over any aspect of the development. Such requirements include, but shall not be limited to, soil erosion and sedimentation control plants, and NPDES plans.

The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ATSM), Institute of Electrical and Electronics Engineers (IEEE) and recognized Solar Rate and Standards organizations and shall comply with the PA Uniform Construction Code, and with all applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the building permit application and zoning certificate application.

Modifications. The Township may grant modification of the requirements (of one or more provisions) of the Buffalo Township Zoning Ordinance, or related subsections, if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the property in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the ordinance is observed. All requests for a modification shall be in writing and shall state in full the grounds and facts of undue hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary. All requests for modifications shall accompany the conditional use application for consideration by the Board of Supervisors.

All PSES applications after the effective date of this section shall be required to meet the terms and conditions of all applicable Buffalo Township Ordinances, including but not limited to the Buffalo Township Stormwater Ordinance and the Buffalo Township Subdivision and Land Development Ordinance.

PSES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to any existing PSES, whether or not existing prior to the effective date of this section that expands the PSES shall require approval under this section. Routine maintenance or replacements do not require a permit.

An affidavit or similar evidence of agreement between the property owner and the solar-energy facility owner or operator demonstrating permission to apply for necessary permits for construction and operation of a solar-energy facility is required.

The owner of a PSES shall provide the Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid-connected system. No transmission lines connecting the PSES to the public utility company shall be placed underground in the Township road's right-of-way.

Liability insurance. The owner of the PSES shall maintain a general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate, with Buffalo Township named as an additional insured party. Certificates shall be provided to the Township on an annual basis.

The PSES owner and/or operator shall maintain a phone number throughout the life of the project for the officials of Buffalo Township to contact with inquiries and verified complaints. The PSES owner and/or operator shall make reasonable efforts to respond to the inquiries and complaints. A contact name, with knowledge of the system, must be provided to Buffalo Township with updates due to employee advancement or turnover.

PSES that include energy storage that use lithium or lithium-ion batteries shall be required to use an automatic fire suppression system designed to suppress lithium and lithium-ion fires. The design and use of the aforementioned fire suppression system shall be to reasonable satisfaction of the Township. A gravel berm shall be installed extending at least 30 feet under and around any storage structure and shall be in sufficient size to serve as a fire break.

All on-site utility transmission lines and plumbing shall be placed underground to the greatest extent feasible.

No portion of a PSES shall contain or be used to display advertising.

Glare.

Noise from a PSES shall be in compliance with the Buffalo Township Ordinance Chapter 150, as amended.

All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.

In addition to the solar energy system being properly maintained and being kept free from all hazards, including, but not limited to, faulty wiring and/or batteries, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare, the PSES owner shall repair, maintain and replace the PSES related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition. In the event of a violation, the Township and/or the Zoning Officer shall give written notice specifying the violations pursuant to Article X, § 265-65 of the Buffalo Township Zoning Ordinance.

Local emergency services and safety.

Public road use and bonding.

Decommissioning.

Minimum lot size. The PSES shall meet the lot size requirements of the applicable zoning district.

Setbacks. PSES shall comply with the following setback requirements.

Height. The height of ground-mounted PSES solar panels at the place where mounted, shall not exceed 18 feet above ground level.

Impervious coverage.

Stormwater.

Screening, vegetation and ground cover.

Perimeter fencing shall be placed between the selected screening and solar panels.

Large-scale removal of mature trees on the site is highly discouraged by the Township and the large-scale removal of mature trees could result in monetary penalties being brought against the party not in compliance with this section. Before any large-scale removals of mature trees begins, guidance and/or approval from Township officials about whether the removal of such trees is within the best interests of the Township should be obtained prior to the start of any removal process.

Ground cover shall consist of native perennial vegetation and foraging habitat beneficial to gamebirds, songbirds and pollinators. When establishing native perennial vegetation and beneficial foraging habitat, a PSES owner shall use native plant species identified by the Pennsylvania Department of Conservation and Natural Resources. In order to ensure adequate sunlight to foster growth of ground cover, fixed, non-tracking solar arrays must be installed so that the lower drip edge of an array is no lower than 36 inches above grade.

Use of herbicides to control ground cover growth is prohibited. However, there shall be an exception to establish a native ground cover.

Ground-mounted PSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede the pre-existing flow of stormwater runoff within said stormwater conveyance system.

Security.

Access drives.

The ground-mounted PSES shall not be artificially lit except to the extent required for safety or applicable federal, state or local authority. No lighting shall directly project or impose glare beyond the subject property boundary.

If a ground-mounted PSES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system must be returned to an environmentally stable condition.

The owner shall provide evidence certified by an appropriately licensed professional that the roof is capable of holding the load of the PSES.

PSES mounted on roofs of any building shall be subject to the maximum height regulations specified for buildings within the applicable zoning district.

All utility-scale battery energy storage systems must conform to the provisions of this section and all county, state, and federal regulations and safety requirements, including applicable building codes, applicable industry standards, and NFPA 855 "Standard for the Installation of Stationary Energy Storage Systems."

The Township may enforce any remedy or enforcement, including but not limited to the removal of any utility-scale battery energy storage system pursuant to the Zoning Ordinance or as otherwise authorized by law if the utility-scale battery energy storage system does not comply with this section.

Utility-scale battery energy storage systems are permitted in the Township as a conditional use in the Rural Agricultural District, Highway Commercial District, and Light Industrial District.

Application fee in an amount set by resolution of the Township Board, and a complete application for conditional use approval must be submitted.

A list of all parcel numbers that will be used by the utility-scale battery energy storage system; documentation establishing ownership of each parcel; and any lease agreements, easements, or purchase agreements for the subject parcels.

An operations agreement setting forth the operations parameters, the name and contact information of the operator, the applicant's inspection protocol, emergency procedures, and general safety documentation.

Current photographs of the subject property.

A site plan that includes all proposed structures and the location of all equipment, as well as all setbacks, the location of property lines, signage, fences, buffering and screening, drainage facilities, easements, floodplains, bodies of water, proposed access routes, and road rights of way. The site plan must be drawn to scale and must indicate how the utility-scale battery energy storage system will be connected to the power grid.

A copy of the applicant's power purchase agreement or other written agreement with an electric utility showing approval of an interconnection with the proposed utility-scale battery energy storage system.

A written plan for maintaining the subject property, including a plan for maintaining and inspecting drainage facilities and addressing stormwater management, which is subject to the Township's review and approval.

A decommissioning and land reclamation plan describing the actions to be taken following the abandonment or discontinuation of the utility-scale battery energy storage system, including evidence of proposed commitments with property owners to ensure proper final reclamation, repairs to roads, and other steps necessary to fully remove the utility-scale battery energy storage system and restore the subject parcels, which is subject to the Township's review and approval.

Financial security that meets the requirements of this section, which is subject to the Township's review and approval.

A plan for resolving complaints from the public or other property owners concerning the construction and operation of the utility-scale battery energy storage system, which is subject to the Township's review and approval.

A plan for managing any hazardous waste, which is subject to the Township's review and approval.

A fire protection plan, which identifies the fire risks associated with the utility-scale battery energy storage system; describes the fire suppression system that will be implemented; describes what measures will be used to reduce the risk of fires re-igniting (i.e., implementing a "fire watch"); identifies the water sources that will be available for the local fire department to protect adjacent properties; identifies a system for continuous monitoring, early detection sensors, and appropriate venting; and explains all other measures that will be implemented to prevent, detect, control, and suppress fires and explosions.

A transportation plan for construction and operation phases, including any applicable agreements with the Pennsylvania Department of Transportation, which is subject to the Township's review and approval.

An attestation that the applicant will indemnify and hold the Township harmless from any costs or liability arising from the approval, installation, construction, maintenance, use, repair, or removal of the utility-scale battery energy storage system, which is subject to the Township's review and approval.

Proof of compliance with all applicable Pennsylvania Department of Environmental Protection ("DEP") regulations, must be provided to the Township, who in turn will review and grant approvals at their own discretion.

Any additional information or documentation requested by the Planning Commission, Township Board, or other Township representative.

Lighting. Lighting of the utility-scale battery energy storage system is limited to the minimum light necessary for safe operation. Illumination from any lighting must not extend beyond the perimeter of the lot(s) used for the utility-scale battery energy storage system. The utility-scale battery energy storage system must not produce any glare that is visible to neighboring lots or to persons traveling on public or private roads.

Security fencing. Security fencing must be installed around all electrical equipment related to the utility-scale battery energy storage system. Appropriate warning signs must be posted at safe intervals at the entrance and around the perimeter of the utility-scale battery energy storage system.

Noise. The noise generated by a commercial utility-scale battery energy storage system must not exceed any acceptable level as defined by the Township's ordinances.

Underground transmission. All power transmission or other lines, wires, or conduits from a utility-scale battery energy storage system to any building or other structure must be located underground at a depth that complies with current National Electrical Code standards, except for power switchyards or the area within a substation.

Drainage facility inspections. The utility-scale battery energy storage system must be maintained in working condition at all times while in operation. The applicant or operator must inspect all drainage facilities at least once every three years by means of robotic camera, with the first inspection occurring before the utility-scale battery energy storage system is in operation. The applicant or operator must submit proof of the inspection to the Township. The owner or operator must repair any damage or failure of the drain tile within 60 days after discovery and submit proof of the repair to the Township. The Township is entitled, but not required, to have a representative present at each inspection or to conduct an independent inspection.

Fire protection.

Insurance. The applicant or operator will maintain property/casualty insurance and general commercial liability insurance at an amount of at least $5 million per occurrence with a minimum A.M., Best Rating of A. Buffalo Township shall be listed as an additional insured on the policy at all times.

Permits. All required county, state, and federal permits must be obtained before the utility-scale battery energy storage system begins operating. A building permit from Buffalo Township is required for construction of a utility-scale battery energy storage system, regardless of whether the applicant or operator is otherwise exempt under state law.

Decommissioning. If a utility-scale battery energy storage system is abandoned or otherwise nonoperational for a period of one year, the property owner or the operator must notify the Township and must remove the system within six months after the date of abandonment. Removal requires receipt of a demolition permit from the Building Official and full restoration of the site to the satisfaction of the Zoning Administrator. The site must be filled and covered with top soil and restored to a state compatible with the surrounding vegetation. The requirements of this subsection also apply to a utility-scale battery energy storage system that is never fully completed or operational if construction has been halted for a period of one year.

Financial security. To ensure proper decommissioning of a commercial utility-scale battery energy storage system upon abandonment, the applicant must post financial security in the form of a security bond or escrow payment in an amount equal to 150% of the total estimated cost of decommissioning, code enforcement, and reclamation, which cost estimate must be approved by the Township. The operator and the Township will review the amount of the financial security every two years to ensure that the amount remains adequate. This financial security must be posted within 15 business days after approval of the special use application.

Extraordinary events. If the utility-scale battery energy storage system experiences a failure, fire, leakage of hazardous materials, personal injury, or other extraordinary or catastrophic event, the applicant or operator must notify the Township within 24 hours.

Annual report. The applicant or operator must submit a report on or before January 1 of each year that includes all of the following:

Inspections. The Township may inspect a utility-scale battery energy storage system at any time by providing 24 hours advance notice to the applicant or operator.

Transferability. A conditional use approval for a utility-scale battery energy storage system is transferable to a new owner. The new owner must register its name and business address with the Township and must comply with this section and all approvals and conditions issued by the Township.

Remedies. If an applicant or operator fails to comply with this section, the Township, may pursue any remedy or enforcement, including but not limited to the removal of any utility-scale battery energy storage system pursuant to the Zoning Ordinance or as otherwise authorized by law. Additionally, the Township may pursue any legal or equitable action to abate a violation and recover any and all costs, including the Township's actual attorney fees and costs.

Setbacks. Utility-scale battery energy storage systems must comply with the following minimum setback requirements, with setback distances measured from the nearest edge of the perimeter fencing of the facility:

Installation. The utility-scale battery energy storage system must comply with the version of National Fire Prevention Association ("NFPA") 855 "Standard for the Installation of Stationary Energy Storage Systems" in effect on the effective date of the amendatory act that added this section or any applicable successor standard.

Noise. The utility-scale battery energy storage system must not generate a maximum sound in excess any acceptable level as defined by the Township's ordinances.

Lighting. The utility-scale battery energy storage system must implement dark sky-friendly lighting solutions.

Environmental regulations. The utility-scale battery energy storage system must comply with applicable state or federal environmental regulations.

Impact fee. The Applicant shall provide the accounting documents necessary to properly assess the impact fee by January 31 of the year following the full or partial calendar year of production, for each year when there is solar energy produced from the facility, and/or stored, whether sold or stored or wasted.

Data centers are a conditional use in the Rural Agricultural District, Highway Commercial District, and Light Industrial District.

Data center uses shall not be closer than 1,000 feet (measured radially from data center building and/or any exterior equipment to residential property) from any residential use (whether in a mixed-use development or not).

Any proposal for a data center use shall include a letter from the electrical provider that certifies that the power grid has the capacity to meet the demands of the proposed facility while maintaining sufficient levels of service to the existing residents and business in the Township. In addition, any proposal for a data center use shall include a copy of the executed agreement between the operator and electrical provider for Township records.

Any proposal for a data center use shall include a letter from the developer providing an analysis of the anticipated raw water needs and proposed sources thereof. Further, the proposal for a data center use shall include a letter from the water provider that certifies that the water provider has the capacity to meet the demands of the proposed facility while maintaining sufficient levels of service to the existing residents and business in the Township.

Data centers shall be required to use an automatic fire suppression system that is in compliance with National Fire Protection Association (NFPA) 75 and 76 Standards. The design and use of the aforementioned fire suppression system shall be to reasonable satisfaction of the Township and shall be in compliance with NFPA 75 and 76 Standards. An approved hard top surface, installed for use as a fire apparatus access road, shall be installed around any data center structures, extending 30 feet out from the building. The access road shall be maintained year-round, at all times.

The data center developer and/or operator shall provide the Township fire department companies with annual training on firefighting procedures, methods, and possible hazards specific to the designed and built system. As part of the annual training, the developer and/or operator shall communicate with Township fire department companies to identify any special equipment that may be required to fight a fire at a data center in order to meet NFPA standards, and the same shall be provided to the fire companies at the expense of the developer and/or operator and the fire departments shall be trained in their use. Fire Hydrants and Fire Pumps must be utilized on site in accordance with NFPA standards and guidelines, Township amendments, and approved by the authority having jurisdiction.

All data center uses shall comply with the provisions of the Buffalo Township Fire Code and any amendments thereof.

If natural gas is used, the developer shall utilize a gas detection system.

Data centers uses shall not have blank exterior walls on any side of a building. There shall be adequate fenestration as well as horizontal and vertical breaks every 35 lineal feet.

Building materials shall be durable, consisting of brick or other context sensitive masonry materials with variation of color. Rooflines shall have variation throughout.

Data center uses shall be limited to no more than 80,000 gross square feet for any one building, and shall have an approved hard top surface, and a thirty-foot-wide gravel cartway between buildings to accommodate fire and safety vehicles in the event of emergency.

The owner shall identify all local public roads to be used within the Township to transport equipment and parts for construction, operation or maintenance of the data center.

Prior to the construction phase, the developer shall provide to the Township a construction transportation plan to provide for a road maintenance agreement and to address the potential damage to Township roads.

During the construction phase of the data center, the owner shall provide the Township with a road bond in accordance with Buffalo Township Zoning Ordinance.

Any proposal for a data center use shall include pre- and post-construction sound studies which examine all exterior utility functions of the building (rooftop and ground-mounted) that produce sound. The sound study shall identify compliance with the Buffalo Township Zoning Ordinance as applicable. A post-construction sound study shall be submitted prior to an occupancy permit being issued for the building.

The data center must not generate a maximum sound in excess any acceptable level as defined by the Township's ordinances.

Lighting of the data center is limited to the minimum light necessary for safe operation. Illumination from any lighting must not extend beyond the perimeter of the lot(s) used for the data center. The data center must not produce any glare that is visible to neighboring lots or to persons traveling on public or private roads.

All power transmission or other lines, wires, or conduits from a data center to any building or other structure must be located underground at a depth that complies with current National Electrical Code standards, except for power switchyards or the area within a substation.

The data center must be maintained in working condition at all times while in operation. The applicant or operator must inspect all drainage facilities at least once every three years by means of robotic camera, with the first inspection occurring before the data center is in operation. The applicant or operator must submit proof of the inspection to the Township. The owner or operator must repair any damage or failure of the drain tile within 60 days after discovery and submit proof of the repair to the Township. The Township is entitled, but not required, to have a representative present at each inspection or to conduct an independent inspection.

The data center uses shall include modern technology that offsets a portion of the power needs through energy efficient solutions.

Any proposal for a data center shall include the latest technology in water conservation, including utilizing closed loop systems in order to reduce the demand for public water.

The applicant or operator will maintain property/casualty insurance and general commercial liability insurance at an amount of at least $5 million per occurrence with a minimum A.M., Best Rating of A. Buffalo Township shall be listed as an additional insured on the policy at all times.

Prior to any construction or building, the developer and/or operator must conduct an environmental impact assessment to identify potential risks and develop strategies for minimizing the ecological footprint of operating, as well as consider factors such as e-waste disposal, energy consumption, and carbon emissions.

Prior to any construction or building, the developer and/or operator shall conduct studies to determine methane pockets above areas that were previously used for mining operations. In addition, the developer and/or operator shall conduct studies to determine areas where there is possible subsidence from previous mining operations. Data centers shall not be constructed in areas where it has been determined that there are methane pockets from previous mining operations or mine subsidence.

Any maintenance, whether planned or on an emergency basis, must occur between the hours of 7:00 a.m. and 6:00 p.m.

All required county, state, and federal permits must be obtained before the data center begins operating. A building permit from the Township is required for construction of a data center, regardless of whether the applicant or operator is otherwise exempt under state law.

If the data center experiences a failure, fire, leakage of hazardous materials, personal injury, or other extraordinary or catastrophic event, the applicant or operator must notify the Township and Emergency Management Coordinator immediately, within but no later than 24 hours after the extraordinary or catastrophic event. A written follow-up detailing the incident and steps taken to remedy the situation must be provided to the Township and Emergency Management Coordinator within 72 hours of the event.

Annually, the operator and owner will participate in a public safety meeting, review their emergency response plan and emergency management information. In addition, an annual drill simulating an extraordinary or catastrophic event will be performed in conjunction with the Township fire department, county public safety personnel, and operator's facility staff.

The developer or operator must submit a report on or before January 1 of each year that includes all of the following:

The Township may inspect a data center at any time by providing 24 hours advance notice to the developer or operator.

To ensure proper decommissioning of a data center upon abandonment, the applicant must post financial security in the form of a security bond or escrow payment in an amount equal to 150% of the total estimated cost of decommissioning, code enforcement, and reclamation, which cost estimate must be approved by the Township. The operator, the Township, and Township Engineer will review the amount of the financial security annually to ensure that the amount remains adequate. This financial security must be posted within 15 business days after approval of the special use application.

In the event that a data center ceases operations or the property is no longer being used for the purposes of facilitating a data center use and begins decommissioning the data center developer shall: