Chartiers Township Washington County
City Zoning Code
City Zoning Code
ARTICLE VIII
Supplemental Regulations
§ 350-34 Sign regulations.
A.
Exempt signs. The following signs shall be exempted from these regulations:
(1)
Directional, information or public service signs, such as those advertising availability of rest rooms, telephone, or similar public conveniences, and signs advertising meeting 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.
(2)
Signs of schools, colleges, churches, hospitals or 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.
B.
Temporary sign regulations. The following shall be observed in all districts:
(1)
Temporary signs including signs advertising land or premises available for purchase, development or occupancy, or announcements of special events or signs of mechanics or artisans shall be permitted, provided that:
(a)
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.
(b)
Such signs must be removed by the person or persons erecting them upon completion of the sale or rental of the property.
(c)
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.
(d)
Political campaign signs shall not exceed six square feet. Such signs shall be erected no sooner than five weeks prior to an election and must be removed within 72 hours after the election. Any person violating this chapter shall, upon conviction by a Magisterial District Judge, be fined the sum of $50 per sign plus costs.
[Added 10-19-1999 by Ord. No. 269]
(e)
Visibility. No temporary or political sign shall be located in such a position that it will cause a hazard by obstructing visibility for traffic or obstructing a traffic signal or other traffic control device. Any person violating this chapter shall, upon conviction by a Magisterial District Judge, be fined the sum of $50 per sign plus costs.
[Added 10-19-1999 by Ord. No. 269]
C.
Signs in the A-1, R-1 and R-2 Districts. The following regulations shall be observed:
(1)
A single sign not more than 35 square feet in area may be erected on the same lot as and in relation to a commercial agricultural use. The sign may be either freestanding or attached to the wall of a building on the lot but in no case shall extend to a height greater than 15 feet above the existing grade of the abutting road.
(2)
A single sign indicating an existing home occupation shall be permitted on the same lot as the occupation, provided that such sign shall not exceed one square foot in area.
(3)
Other permanent signs and nameplates in the A-1, R-1 and R-2 Districts shall not exceed 1/2 square foot in area.
(4)
A planned residential development shall be permitted one sign which may be erected at the entrance to the development. The sign shall contain only the name of the development and shall not exceed 35 square feet in area or six feet in height.
D.
Signs in the C-1 District. The following regulations shall be observed:
(1)
Each commercial establishment in the C-1 District shall be permitted two signs, regulated as follows:
(a)
One sign either freestanding or projecting from the wall of the building housing the commercial use. If freestanding, the sign shall not exceed 50 square feet in area and 25 feet in height and shall be set back a minimum of five feet from the adjoining street right-of-way line. If projecting, the sign shall not exceed 20 square feet in area, shall have no part higher than the wall to which it is attached, and shall have no part projecting over the adjoining street right-of-way. In neither instance shall there be less than 10 feet of clearance between the bottom of the sign and the ground.
(b)
One sign affixed to and parallel to the wall of the building housing the commercial use. Such sign may have an area of 2 1/2 square feet per front foot of building to which it is attached; however, not to exceed 70 square feet in area. In the case of a corner building, each wall may have a sign, the permitted area of which shall be determined in the same manner, except that the aggregate area of the two wall signs shall not exceed 100 square feet.
E.
Signs in the C-2 and I-1 Districts. The following regulations shall be observed:
(1)
Each commercial or industrial establishment shall be permitted to erect one freestanding sign, provided that the area of such sign shall not exceed 100 square feet, the maximum height shall be 40 feet and the sign shall be set back a minimum of 15 feet from all public rights-of-way. In the case of a shopping center, only one freestanding sign shall be permitted for the entire development, with a maximum area of 200 square feet.
(2)
Each commercial or industrial establishment shall be permitted to erect an unlimited number of wall signs, provided that the aggregate area of such signs shall not exceed the lesser of 2 1/2 square feet per front foot of building or 200 square feet. No sign shall project above the wall to which it is attached.
F.
General limitations. The following regulations shall be observed:
(1)
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;
(2)
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;
(3)
Floodlighting shall be arranged so that the source of light is not visible from any point off the lot and so that only the sign is directly illuminated thereby;
(4)
No sign shall be erected except on the property to which it is related;
(5)
Billboards are prohibited in all residential districts;
(6)
Flashing, moving, neon (and the use of other gaseous material) or oscillating lights are expressly prohibited;
(7)
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 this chapter;
(8)
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;
(9)
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;
(10)
No business or industrial sign shall be placed to face an abutting residential district except when authorized as a special exception;
(11)
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. Political signs not removed within the prescribed 72 hours after the election may be removed by the Township at the expense of the candidate or the installer, if known.
[Amended 10-19-1999 by Ord. No. 269]
(12)
The area of any sign shall be defined as the larger of the actual area of the sign or the area of a rectangle enclosing all letters or numbers on the sign;
(13)
Wall signs shall be installed parallel to the supporting wall and shall project not more than 10 inches from the face of any such wall;
(14)
A nonconforming sign or a nonconforming use may be continued, but the area of such sign or signs shall not be increased;
(15)
Signs shall not be painted directly on the surface of any building.
§ 350-35 General regulations.
A.
Visibility at intersections. On the comer lot or at any point of entry on a public road, nothing shall be erected, placed, planted; or allowed to grow in such a manner which obscures the vision above the height of 2 1/2 feet and below 10 feet, measured from the center-line grade of the intersecting streets or driveways and within the area bounded by the street right-of-way lines of such comer lots and a line joining points on these street right-of-way lines 75 feet from their intersection along the lot lines.
B.
Vehicular traffic safety. For all uses except single-family dwellings and mobile homes on individual lots, the site shall be designed to assure safety and convenience of traffic movement, both within the site and in relation to access streets, and to provide a harmonious and beneficial relationship of structures and uses on the site as well as contiguous properties. Vehicular access points shall be limited, where possible, to intervals of not less than 100 feet when on a major traffic thoroughfare.
C.
Swimming pools.
(1)
Open private swimming pools containing over 150 cubic feet of water are considered structures for the purpose of permits and regulations of other ordinances. For the purpose of this chapter, they are not counted as floor area in computing the lot coverage but shall not be located in any required setback area.
(2)
All swimming pools shall be at least 15 feet from any property line and shall be enclosed by a fence, wall or other substantial barrier not less than four feet high, with a self-closing, self-latching gate and of such a character as reasonable to prevent access to the pool.
(3)
No swimming pool containing over 150 cubic feet of water shall be constructed in the Township except in accordance with a permit therefor previously secured from the Zoning Officer upon written application accompanied by a plan showing the size, shape, and location of the swimming pool and its enclosure and such other information as may be necessary to enable the Zoning Officer to determine whether the pool complies with this chapter.
D.
Earth-disturbing activities. The following shall apply in all districts:
(1)
Earth-disturbing activities shall take place only under the following conditions:
(a)
As part of the construction or alteration of a building or the grading incidental to such building; such earth disturbance to take place only following the issuance of a valid building permit;
(b)
In a commercial excavating operation, following approval by the Board and issuance of a permit by the Zoning Officer;
(c)
In connection with the construction or alteration of a street or utility by forces of the municipal or utility authority;
(d)
In connection with normal lawn and/or garden preparation and maintenance;
(e)
In farming operations where such use is permitted, provided that sound soil conservation practices are observed.
(2)
Regulations.
(a)
No permit shall be required for the excavation of the foundation for a single-family dwelling or a minor garage.
(b)
No permit shall be required if the grading, turning over or plowing proposed is for agricultural use purposes.
(c)
No permit shall be required for landscaping for single-family dwellings.
(d)
A grading permit shall be required for all grading, excavation, filling or other earth movement not covered by Subsection D(2)(a), (b) and (c) above. The Zoning Officer shall have the power, at his discretion, to submit any permit application to the County Office of the U.S. Department of Agriculture Natural Resources Conservation Service and/or the Pennsylvania Department of Environmental Protection for review and recommendation. In those cases where the Zoning Officer determines that such a review is desirable, he shall have 30 days in which to request and receive said review and recommendation prior to issuance of a grading permit.
(e)
Nothing in this section is intended to abrogate or annul the requirements of the Pennsylvania Department of Environmental Protection adopted pursuant to and by authority of Pennsylvania Clean Streams Act, June 22, 1937,[1] as amended, and no grading permit shall be issued under this chapter in situations covered by said Act until certificates of proof or permits issued under and pursuant to said Act are presented by the applicant to the Zoning Officer.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(f)
In those cases where excavation, grading or filling is proposed in an area designated as a mudslide-prone area or flood-prone area by the U.S. Department of Agriculture Natural Resources Conservation Service's Interim Soil Report for Washington County, Pennsylvania, no grading permit shall be issued until certified plans are presented indicating the extent of the problem and the measures proposed to preclude, overcome, or mitigate future damages which could result.
(g)
The grading permit issued by the Zoning Officer shall be displayed, in a conspicuous manner, on the premises during the time the work is in progress.
(h)
The proposed excavation, grading and/or fill shall begin within 12 months after the date of issuance of the permit, at which time the permit will expire unless an extension is granted, in writing, by the Zoning Officer. If such an extension is granted, it shall be for a period of six months.
(i)
All excavation, grading and/or fill shall be completed within six months of the date of commencement of said excavation, etc. If said excavation, etc., is not completed within the time specified, a new permit shall be obtained under the conditions and requirements of this chapter.
(j)
The Zoning Officer shall issue a permit only after it has been determined that the proposed work will be in conformance with all applicable requirements and regulations.
E.
Exception to height limitations. The height limitations of this chapter shall not apply to church spires, belfries, domes, monuments, observation towers, windmills, chimneys, smokestacks, flagpoles, masts and aerials, barns and silos, elevators, tanks and other projections neither intended nor used for human occupancy.
F.
Fence regulations.
[Amended 8-3-2010 by Ord. No. 326]
(1)
Regulations.
(a)
A permit shall be required to construct a fence in Chartiers Township; however, no permit is required for fences used for farming purposes.
(b)
No fence in any zoning district shall be constructed in any public street, storm or sanitary sewer right-of-way.
(c)
Fences accessory to single-family dwellings shall be installed so that the finished side faces adjoining property.
(d)
Fences shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties and shall comply with sight distances as required by Township Ordinances.
(e)
Fences in agricultural districts may be located in the required rear and side yard setbacks and fences which contain openings equal to at least 75% of the surface area of the fence shall be permitted in the front yard setbacks.
(f)
In residential zoning districts, a privacy fence (a fence that has openings that comprise less than 10% of the total surface area of the fence) may be erected behind the rear wall of the dwelling to screen a patio, deck or swimming pool, provided that the following requirements are met:
(g)
In residential zoning districts, a security fence (a fence that has openings that comprise no less than 25% of the surface area of the fence, including but not limited to board fences, picket fences, chain-link fences and similar fences) may be erected in the minimum required side or rear yard setbacks, provided that the maximum height of the fence shall not exceed six feet.
(h)
In residential zoning districts, a decorative fence (a fence that has openings that comprise at least 75% of the surface area of the fence, including but not limited to split-rail fences or wrought-iron fences, whose purpose is to contribute to the landscaping and exterior design rather than to enclose property) may be permitted in the minimum required front yard setbacks, provided that the maximum height of the fence shall not exceed four feet, and further provided that the fence does not form a continuous enclosure of the perimeter of the front yard.
(i)
In commercial zoning districts, the maximum height of a security fence shall be eight feet. Solid screening fences shall be permitted as otherwise provided in the Zoning Ordinance to screen dumpsters, loading docks and outside storage areas.
(j)
In industrial zoning districts, the maximum height of a fence shall be 10 feet. Solid screening fences shall be permitted.
(k)
In any zoning district, barbed wire or other hazardous fencing materials shall not be permitted in any zoning district unless there is a clear and present danger to the public (e.g., electrical power transformers, surface gas lines, etc.). Where permitted by the CH Supervisors, the barbed wire shall not be installed on any fence less than eight feet in height. Alternate ornate security fences are preferred. Hazardous fence materials shall not be permitted in any residential zone.
(l)
In any zoning district, where properties with adjacent fences are installed, the owners of said properties shall maintain the area enclosed or separated by the fences from the yard setback line to the Township easement line.
(2)
Nothing in this Subsection F is intended to supersede any fencing requirements required by the Pennsylvania Uniform Construction Code.
(3)
Any person violating this subsection shall upon conviction by a court of competent jurisdiction be fined an amount not to exceed $300 plus costs. Each day of violation shall be considered an additional violation of this subsection.
G.
Off-street parking regulations.
(1)
Standards. Off-street parking spaces with a proper and safe access shall be provided either within a structure or in the open for each permitted use within the Township. Such spaces shall be provided on the same lot as the use they are designed to serve unless otherwise permitted by the Planning Commission. For purposes of determining adequate area for off-street parking, a parking space for one vehicle shall be equal to at least 300 square feet (including parking spaces and aisles but excluding driveways, except for single-family residential use) and shall have a parking space of at least nine feet by 20 feet in size. Parking spaces shall have a paved surface of a type acceptable to the Township Engineer, shall be adequately marked, and shall have safe and convenient access in all seasons. Except in the case of single- and two-family dwellings, no space shall be situated so that a vehicle leaving the space is made to back into a public street.
(2)
Requirements. Each new construction, enlargement, or change in use shall provide off-street parking at least equal to the following minimum standards:
[Amended 4-11-2017 by Ord. No. 360]
Use | Required Off-Street Parking |
|---|---|
Residential | |
Single-family dwelling | 2 spaces |
Two-family dwelling | 2 spaces |
Garden apartment or townhouse | 1.5 spaces per dwelling unit |
Multiple-family dwelling | 1.5 spaces per dwelling unit |
Mobile home, either in or out of a mobile home park | 2 spaces |
Home occupation | As required for the use constituting the home occupation in addition to parking required for the primary residential use |
Ancillary dwelling | 2 spaces in addition to the parking required for the primary residential use |
Commercial | |
Retail store, except as specifically listed in this section | 1 space per 200 square feet of retail floor area |
Furniture and automobile retailers | 1 space per 500 square feet of total floor area |
Physician or dentist office | 5 spaces per doctor |
Other offices | 1 space per 300 square feet of total floor area |
Banks | 5 spaces per teller window plus 5 stacking spaces per drive-up teller |
Personal service establishment | 1 space per 150 square feet of total floor area |
Eating and drinking establishments | 1 space per 150 square feet of floor area or 1 space every 3 seats, whichever is greater |
Motel/hotel | 1 space per sleeping unit plus 1 space for each 4 seats of either meeting or restaurant space |
Service stations and garages | 2 spaces per service bay plus 1 space per pump |
Recreational | |
Bowling establishment | 5 spaces per lane |
Theater or auditorium | 1 space per 4 seats |
Private clubs | 1 space per 3 lockers |
Industrial | |
Industrial | 1 space per 2,000 square feet of manufacturing or warehouse space plus 1 space per 300 square feet of office space, or 1 space per employee on maximum shift, whichever is greater |
Storage or warehousing as a primary use | 1 space per 15,000 square feet of floor and/or lot area used for storage |
Miscellaneous uses | |
School | 1 space per 10 pupils of rated capacity or 1 space per 150 square feet of auditorium space, whichever is greater |
Church | 1 space per 3 fixed seats or per 200 square feet, whichever is greater |
Mortuary | 1 space per 25 square feet of parlor |
Medical marijuana dispensary | 1 space for every 300 square feet or gross floor area |
Medical marijuana grower/processor | 1 space for every 750 square feet of net floor area |
Uses not specifically named | As determined by the Planning Commission |
H.
Off-street loading regulations.
(1)
Standards.
(a)
Off-street loading 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 space:
[1]
Shall be at least 14 feet wide, 60 feet long and shall have at least a fifteen-foot vertical clearance.
[2]
Shall have a sixty-foot maneuvering area.
[3]
Shall have an all-weather surface to provide safe and convenient access during all seasons.
[4]
Shall not be constructed between the street right-of-way line and the building setback line.
(b)
Required off-street parking space, including aisles, shall not be used for loading and unloading purposes except during hours when business operations are suspended.
(c)
Loading and unloading facilities shall be designed so that trucks need not back into nor out of, nor park in, the public way.
(d)
No truck shall be allowed to stand in a right-of-way or automobile parking area (including aisles) or in any way block the effective flow of persons or vehicles.
(2)
Requirements. At least one off-street loading space shall be provided for all commercial and industrial concerns in excess of 3,500 square feet of floor area. The number of loading spaces shall be left to the discretion of the developer; however, the standards of this section shall be maintained and the number of proposed spaces approved by the Planning Commission.
I.
Outdoor storage prohibition. Outdoor storage of any type shall not be permitted unless such storage is a part of the normal operations conducted on the premises subject to design and performance standards for the prevailing zoning district. Junkyards, as defined in this chapter, are expressly prohibited.
J.
Antennas and satellite dish antennas; standards and requirements. The construction and use of satellite dish antennas and antennas shall be permitted as an accessory use in any zone subject to the following requirements:
(1)
No dish or antenna shall be constructed so that any part of the dish or antenna is nearer than 15 feet to any lot or right-of-way line.
(2)
Ground-mounted dishes or antennas shall be limited to 15 feet in height above grade. Roof-mounted antennas shall be limited to 20 feet in height above the highest point on the roof to which the antenna is attached.
K.
All landscape plans for residential developments in residentially zoned districts shall incorporate the following landscape design elements. Deviation from the requirements of this subsection shall be permitted only as a conditional use in accordance with the requirements of Article IX of this chapter:
[Added 8-14-2018 by Ord. No. 379]
(1)
One deciduous tree [with a minimum diameter at breast height (dbh) of 2.5 inches] planted on site for every dwelling unit constructed in a residential development.
(2)
If a subdivision entrance sign is being proposed, the surrounding area shall be landscaped in a manner approved by the Planning Commission. The developer shall provide a post-construction maintenance plan for these plantings.
(3)
A maintenance plan for all common and open space, if any. The plan shall address ownership, access, maintenance, and any other relevant details as determined by the Planning Commission.
(4)
Year-round visual screening of all stormwater management facilities outside of the public right-of-way. Visual screening may include earthen mounds, existing wooded buffers, and new plantings. Rain gardens shall not require screening.
§ 350-36 Slope Overlay-District S-1.
A.
Specific intent. In addition to the general goals stated in the Preamble,[1] the purpose of this section is to prevent the erection of nonresidential structures in areas unsuitable for building sites; to minimize danger to public health by protecting watersheds; to discourage erosion of soils by maintaining adequate foliage cover on hills; to promote the perpetuation of open space on hillsides. Slope areas may be located within the confines of any zoning district. Residential structures are permitted, subject to the controls of this section.
[1]
Editor's Note: The Preamble states, "This ordinance is adopted to promote and protect the public health, safety, comfort, convenience, prosperity and other aspects of the general welfare. These general goals include, among others, the specific purposes set forth in the statement of intent of the various regulations for the respective districts."
B.
Establishment of district boundaries. A lot or parcel of land shall be considered to be governed by the regulations set forth in this section if any portion of the lot or parcel shall be designated as having a slope of greater than 25% as defined by the Geologic Hazards Map contained in the Township Comprehensive Plan, as adopted in 1986.
C.
Use regulations. The following uses are the only uses permitted in areas subject to slope controls:
(1)
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.
(2)
Tree farming, forestry and other agricultural uses, when conducted in conformance with conservation practices that ensure adequate protection against soil erosion.
D.
Procedures.
(1)
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 Zoning Officer signifying his intentions that the intended use of the land will be a use permitted by these regulations.
(2)
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%.
E.
Residential uses. Single-family dwellings may be constructed on a slope which grade exceeds 25%, if the building is constructed in such a manner which does not disturb the existing grade and natural soil conditions. The applicant shall supply the Zoning Officer with the following:
(1)
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 as trees and ornamental shrub locations.
(2)
Architectural plans, elevations and sections.
(3)
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.
F.
Area and bulk regulations. The following regulations shall be observed for single-family residential uses only on all slope lands:
(1)
Lot area: one acre (43,560 square feet) minimum.
(2)
Lot width: 150 feet minimum.
(3)
Lot coverage: 10% maximum.
(4)
Building setback line: 50 feet minimum.
(5)
Side yards: 30 feet minimum each.
(6)
Rear yards: 50 feet minimum.
(7)
Height of buildings shall be the same as in the underlying zoning district.
§ 350-37 Mobile home parks.
A.
Specific intent. In addition to the general goals listed in the Preamble[1] and statement of intent, it is the purpose of this section to provide for the orderly development of mobile home sites with specific emphasis upon the provision of all necessary utilities, including an approved water supply system, a sanitary sewer system, and necessary electrical connections. In addition it is the intent of this section to permit a more varied, efficient and attractive development pattern of mobile homes and to increase the flexibility of the location and the arrangement of such mobile homes. Furthermore, it is necessary to provide for a viable interior circulation system with adequate ingress and egress from public rights-of-way.
[1]
Editor's Note: The Preamble states, "This ordinance is adopted to promote and protect the public health, safety, comfort, convenience, prosperity and other aspects of the general welfare. These general goals include, among others, the specific purposes set forth in the statement of intent of the various regulations for the respective districts."
B.
Express standards and criteria. The following express standards and criteria shall be applicable in all mobile home parks:
(1)
Area and bulk regulations. The following regulations shall be observed:
(a)
Lot area: 15 acres or 653,400 square feet minimum.
(b)
Lot width: 100 feet for portions used for general vehicular entrances and exits; 200 feet for portions containing mobile home berths.
(c)
Minimum setback of all mobile homes and accessory structures: 75 feet from any road located outside the mobile home park site.
(d)
Side and rear yards: 50 feet minimum from any mobile home berth to any property line.
(2)
Design standards (general). The following standards shall be applicable in all mobile home park sites:
(a)
There shall be no more than five mobile homes per acre.
(b)
Each mobile home berth shall contain at least two off-street parking spaces which are each nine feet by 20 feet in size.
(c)
The minimum distance between mobile homes shall be 40 feet.
(d)
Each mobile home park shall be surrounded by a landscaped greenbelt at least 50 feet from each lot line, which distance may not be computed in meeting the area and bulk regulations.
(e)
Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. All accessways to any public street or highway shall be located at least 200 feet from the intersection of any street lines and shall be designed in a manner conducive to safe ingress and egress.
(f)
All mobile home berths shall abut a paved roadway of not less than 24 feet in width for a two-way street and not less than 18 feet in width for a one-way street.
(g)
A recreational area equal to at least 400 square feet for each mobile home berth shall be set aside and improved according to an approved recreation plan.
(h)
All accessory service buildings on the mobile home park site shall be connected to all mobile home berths by a paved walkway not less than three feet in width.
(i)
Driveways and walkways shall be lighted at night with one outside electric lamp per home of not less than 40 watts.
(j)
The minimum number of berths completed and ready for occupancy before first occupancy shall be 50 (DO).
(3)
Provision of utilities and necessary services. The following regulations shall be applicable in all mobile home park sites:
(a)
Fire hydrants shall be located within at least 600 feet of any mobile home, service building or other accessory structure.
(b)
No on-lot sewage disposal system shall be permitted. All waste from showers, bathtubs, flush toilets, urinals, lavatories, washing machines, and slop sinks in service and other buildings within the park shall be discharged into a state-permitted sewerage system.
(c)
All mobile homes, service and accessory buildings shall be connected to a state-permitted water supply system.
(d)
Each mobile home berth shall be provided with an approved electrical connection system.
(e)
All organic rubbish or storage shall be contained in airtight, verminproof containers which shall be screened from view of any public right-of-way or abutting property. Refuse containers shall be located not more than 150 feet from any mobile home berth or at a distance approved by the Planning Commission.
(f)
Two off-street parking spaces per unit plus one additional off-street space for every five units for guest parking.
(4)
Duration of residential occupancy. No berth shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more, and no mobile home shall be admitted to any park unless it can be demonstrated that it meets the requirements of applicable local codes and ordinances.
§ 350-38 Supplemental design and performance standards for commercial and industrial districts.
The following standards and regulations shall be observed in any commercial or industrial zoning district only:
A.
Performance standards. The following regulations shall be observed:
(1)
No business activity shall be conducted in any open area.
(2)
No odors shall be perceptible at any lot line.
(3)
No glare created by any use shall interfere with the normal and permitted uses in an adjacent zoning district.
(4)
No loading shall be permitted in the area between the building setback line and the street line.
(5)
No noise emanating from a use in these districts shall continually exceed the level of ordinary conversation at the rear lot line. For purposes of this standard, sound pressure in excess of 60 decibels shall be considered as noise.
(6)
Waste material shall be stored in enclosed and covered areas.
(7)
No potentially dangerous effluent from operations shall be discharged.
(8)
No operations shall be permitted which constitute a danger to the community.
(9)
No flashing signs shall be permitted.
(10)
No moving signs shall be permitted.
(11)
No sign-facing shall be readable from the rear of the property, except on lots having a double frontage and not abutting a residential zone district.
B.
Design standards. The following regulations shall be observed:
(1)
Screening.
(a)
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.
(b)
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:
[1]
The screen shall consist of evergreen plantings and must be continuously maintained at such height and density as will provide an effective screen between the commercial and residential land use. The original and continued adequacy of the planted area shall be determined in accordance with the general requirements herein stated.
[2]
The strip for screening purposes must have a constant depth of at least 25 feet.
[3]
A landscape plan and bond of $500 shall be required.
[4]
A ten-foot-wide buffer strip shall be maintained in front of any commercial structure separating the road from any parking or paved area.
(c)
There shall be a rear yard of not less than 25 feet at any point. The fifteen-foot reserved strip required by this section for planting and screening purposes need not be added to the twenty-five-foot rear yard.
(d)
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 or 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.
(e)
All visual barriers, landscape screens, etc., required hereunder shall be maintained by the property owner in the following manner:
[1]
Free from litter, refuse, trash, etc.
[2]
Plant materials not shown on the approved plans, unless planted by the occupier of the property, shall not be permitted. The intent of this subsection is to eliminate natural weeds, etc., which are both unsightly and offer a health hazard.
[3]
Dead trees and shrubbery shall be replaced with plant materials of the same or similar species.
[4]
Man-made landscape elements (fences, signs, etc.) shall be maintained to preserve a "new" appearance.
(f)
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 (I) property for which these regulations apply, these screening requirements shall not be imposed upon such commercial or industrial property.
(2)
Storage of waste materials.
(a)
All organic rubbish or waste materials shall be stored in airtight, verminproof containers which shall be screened from view from any public right-of-way or abutting residential district. Screening shall consist of evergreen planting or an architectural screen, and such screen shall be at least six feet in height.
(b)
The exterior storage of tractor-trailers or trucks which supply, service or are operated by the establishments in any commercial district shall be prohibited except in cases of emergency where approved by the Zoning Officer, but not to exceed 30 days.
(3)
Landscaping.
(a)
Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season vegetative ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan. A replacement program for nonsurviving plants should be included.
(b)
The plot plan must show a satisfactory method of irrigating all planted areas. This may be either by a permanent water system or by hose.
(4)
Access and traffic control. All accessways to any public street or highway shall be located at least 100 feet from the intersection of any street lines and shall be designed in a manner conducive to safe ingress and egress as determined by the Supervisors. Where practicable, exits shall be located on minor rather than major streets or highways. The developer shall be responsible for the construction of any necessary traffic control devices or additional acceleration lanes required by the State Highway Department in the case of egress to major traffic thoroughfares.
(5)
Interior circulation.
(a)
Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way.
(b)
Areas provided for the 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.
(6)
Lighting. The parking and loading areas of all commercial and industrial zoning districts shall be provided with a minimum of 0.75 lumen per square foot at any point, with lighting standards in parking areas being located not farther than 100 feet apart. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.
(7)
Shopping cart storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite enclosed areas within the required parking space areas for storage of said carts. Each designed storage area shall be clearly marked for storage of shopping carts.
(8)
Display of merchandise. No merchandise in any district shall be displayed, sold or otherwise made available outside of a building in any district, except automobiles sold in connection with a new automobile dealership, farm equipment sales, heavy equipment sales, and aircraft sales.
C.
In addition to the landscape and bufferyard requirements of Subsection B, landscape plans for all other developments shall incorporate five of the following landscape design elements. Deviation from the requirements of this subsection shall be permitted only as a conditional use in accordance with the requirements of Article IX of this chapter:
[Added 8-14-2018 by Ord. No. 379]
(1)
Ten-foot-wide landscaped area along the entire street front of the subject property. This requirement excludes sections reserved for pedestrian access and vehicular traffic, as well as areas to maintain a clear sight triangle.
(2)
Terminal landscaped islands at the ends of all parking stall rows containing 10 spaces or more. Each island shall contain one deciduous tree [with a minimum diameter at breast height (dbh) of 2.5 inches].
(3)
Interior landscaped islands within parking lots comprising at least 10% of the parking lot area. Each island shall contain one deciduous tree [with a minimum diameter at breast height (dbh) of 2.5 inches].
(4)
Rain gardens. Rain gardens may be substituted for interior landscaped islands in parking lots. The required plantings and quantities shall be determined by the Planning Commission.
(5)
One deciduous tree [with a minimum diameter at breast height (dbh) of 2.5 inches] planted on site for every 1,000 square feet of development.
(6)
Street trees planted along all streets bordering a development [with a minimum diameter at breast height (dbh) of 2.5 inches]. One large tree spaced every 30 feet (where overhead utility conflicts do not exist), or one utility line compatible tree every 20 feet. Each tree shall be planted no farther than 12 feet from the front property line. This requirement shall not apply to public or private alleyways.
(7)
A fee in lieu of plantings to allow the Township to plant trees in a location to be determined by the Board of Supervisors. The fee in lieu will be calculated based on the average amount of trees required under landscaped design element of Subsection C(5) and landscaped design element of Subsection C(6). The fee shall be based on materials cost only as reviewed and approved by the Township Engineer.
(8)
A combination of landscaping and an earthen mound surrounding all parking areas to provide year-round screening of headlights.
(9)
The preservation of the existing vegetated areas surrounding the property as determined by the Planning Commission. The Planning Commission's review shall include but not be limited to: the width of preserved bufferyard and the benefit to the neighboring properties, the total area of the bufferyard, and the number of mature trees (12 inches dbh or greater) being preserved. The Planning Commission may request that the applicant provide an inventory of all mature trees on site should the applicant select this design element.
§ 350-39 Performance standards for commercial and industrial districts.
The following regulations shall be observed in commercial and industrial districts when required by Articles IV and V of this chapter.
A.
Fire and explosive hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices as detailed and specified by the Department of Labor and Industry and the laws of the Commonwealth of Pennsylvania.
B.
Radioactivity or electrical disturbances. There shall be no activities which emit radioactivity at any point. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
C.
Smoke. There shall be no emission at any point from a chimney or otherwise for longer than five minutes in any hour of visible gray smoke or visible smoke of any other color with a shade darker than No. 3 of the standard Ringelmann Smoke Chart as issued by the U.S. Bureau of Mines.
D.
Smoke, ash, dust, fume, vapor, gases and other forms of air pollution. There shall be no emission at any point from any chimney or otherwise which can cause any damage to health, to animals or to vegetation or other forms of property or which causes any excessive soiling at any point.
E.
Liquid and soil wastes. There shall be no discharge at any point into any private sewerage system or stream or into the ground of any materials in such a way or of such a nature or temperature as can contaminate or otherwise cause the emission of hazardous materials except in accord with the standards of the Pennsylvania Department of Health and the Supervisors.
F.
Noise and vibration. There shall be no vibration or noise level at the property line greater than the average noise level occurring on adjacent streets.
G.
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature process, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
H.
Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive on adjoining streets or adjacent lots.
I.
Operation. All primary operations shall be conducted entirely within enclosed buildings.
§ 350-40 Design standards for commercial and industrial districts.
A.
Off-street parking design standards.
(1)
Parking spaces shall be clearly delineated by painted lines or markers.
(2)
Parking spaces shall be provided with bumper guards or wheel stops when necessary for safety or protection to adjacent structures or landscaped areas.
(3)
Surface drainage shall be connected to the existing or proposed drainage system.
(4)
Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings.
B.
Storage. Any article or material stored temporarily outside an enclosed building as an incidental part of the primary operation shall be so screened by opaque ornamental fencing, walls or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level. All organic rubbish or storage shall be contained in airtight, verminproof containers, which shall also be screened from public view.
C.
Vehicles. Any movable structure, trailer, automobile, truck or parts of these items or any other items of similar nature allowed to remain on the premises a longer time than that required to load, unload or otherwise discharge its normal functions shall be considered subject to all regulations set forth in this chapter for buildings and structures as defined herein.
§ 350-41 Supplemental agricultural regulations.
Agricultural uses and the keeping of livestock for private, noncommercial use shall be permitted as set forth in Article IV of this chapter, subject to the following regulations:
A.
Storage of manure or odor or dust-producing substances shall not be permitted within 200 feet of any lot line.
B.
Greenhouse heating plant shall not be operated within 100 feet of any lot line.
C.
Buildings in which animals or poultry are kept shall not hereafter be erected within 200 feet of any lot line, provided that this shall not apply to buildings housing not more than two dogs or other pets.
D.
The selling of products raised, bred or grown on the premises of a commercial agricultural use shall be permitted, provided that all standards or shelters used for such sales shall be removed during that period when not in use for display or sale of products. The seasonal selling of fruits and vegetables by persons not normally engaged in commercial agricultural activity is also permitted under the same restrictions.
E.
Livestock buffer. There shall be a livestock buffer a minimum of five feet in width around the perimeter lot lines of the lot.
§ 350-42 Condominium development regulations.
A building containing townhouses and/or garden apartments (as defined in § 350-16 of this chapter) and developed in accordance with the regulations of this chapter governing such developments, may be subdivided into condominium units subject to the following regulations and controls:
A.
The applicant for condominium development shall be the owner of the entire building or buildings to be so subdivided.
B.
The applicant must establish and assure the method of future ownership, control and maintenance of all buildings and parts of buildings, permanent improvements and grounds in the garden apartment and/or townhouse development, regardless of whether any portion of said buildings, improvements, or grounds are to be subdivided.
C.
The governing body, at its sole discretion, may accept, from time to time and at any time, the dedication of land, or any interest therein, for public use and maintenance.
D.
At no time may any portion of a garden apartment and/or townhouse development be separated from the ownership of the entire tract of development without the approval of both the Planning Commission and the governing body. Such approval shall take into consideration the nature of the land development under the original site plan; the performance of the developer/applicant to date, including the ability to meet past obligations to both the Township and the tenants of the development; and the nature of the proposed ownership as related to the future maintenance of the affected land and buildings.
§ 350-43 Uses not specifically provided for.
Whenever in any district established under this chapter a use is neither specifically permitted or denied and an application is made by a property owner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Board, which shall have the authority to permit or deny the use. The use may be permitted if it is similar to and compatible with permitted uses in the district and in no way is in conflict with the general purposes and intent of this chapter.
§ 350-44 Townhouse subdivision development.
A.
A residential development consisting of two to 10 attached two-story or three-story dwelling units, separated from each other by continuous vertical walls without openings from basement to roof. The units within the development shall have no more than three consecutive dwelling units with identical facades and identical front yard setbacks. Alternating groups of three facades may have identical setbacks. Each unit shall be designed for ownership and occupancy by one family. The owner of each unit shall own in fee simple a tract of land located immediately to the front, under, and to the rear of the individual dwelling unit. The yard requirements shall meet those listed under the bulk and area requirements for the appropriate zoning district. Other land located within a townhouse subdivision development, not allocated to the owners' individual tracts, shall be held by a nonprofit association comprised of the owners of the individual dwelling units within the townhouse subdivision development. Such jointly held land shall provide access to the townhouse subdivision development individual tracts for persons, vehicles, and utilities.
B.
Townhouse subdivision development will be allowed as a conditional use in R-2 Zoning District.
C.
The following additions to bulk and area requirements will be necessary:
§ 350-45 (Reserved) [1]
[1]
Editor's Note: Former § 350-45, Home occupation, was repealed 4-10-2018 by Ord. No. 371.
§ 350-46 (Reserved) [1]
[1]
Editor's Note: Former § 350-46, Temporary structure or use, was repealed 4-10-2018 by Ord. No. 371.
§ 350-47 Communications towers.
The erection of communications towers shall be under and subject to the standards and regulations set forth in Township ordinances, any applicable state or federal laws and or regulations, and any reasonable conditions and/or safeguards attached by the Supervisors as it deems necessary to implement the purposes of the MPC[1] and Township ordinances.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 350-48 Oil and gas extraction.
[Added 12-18-2007 by Ord. No. 316; amended 7-17-2012 by Ord. No. 334; 8-14-2018 by Ord. No. 378]
A.
Purpose.
(1)
The purpose of this section is to declare that oil and gas development and production; oil and gas subsurface facilities and oil and gas drilling surface facilities, as defined herein, are authorized by permit as set forth in this section.
(2)
Chartiers Township recognizes that the regulation of oil and gas operations within the Commonwealth of Pennsylvania is the primary responsibility of the regulatory agencies of the Commonwealth of Pennsylvania, but that the Township maintains its Zoning powers as set forth in Pennsylvania Statute Title 53, Municipality Planning Code (MPC) and through this chapter and Chapter 305, Subdivision and Land Development. It is therefore in the Township's best interest to address the zoning districts where such activities will be permitted, to have information concerning oil and gas exploration, development and production taking place within the Township and to ensure certain security and safety measures related to oil and gas drilling are in place in certain areas.
B. DRILLING DRILLING EQUIPMENT IMPOUNDMENT, FRAC WATER IMPOUNDMENT, FRESH WATER METERING STATION MODULAR LARGE VOLUME TANKS (MLVTS)/TANK FARMS NATURAL GAS COMPRESSOR STATION NATURAL GAS PROCESSING PLANT OIL and GAS OIL AND GAS DEVELOPMENT AND PRODUCTION OIL AND GAS DRILL SITE OIL AND GAS DRILLING SUBSURFACE FACILITIES OIL AND GAS DRILLING SURFACE FACILITIES OPERATOR PROTECTED STRUCTURE TANK STORAGE FACILITY TEMPORARY BUNK TRAILERS TOWNSHIP TRUCK STAGING AREA WELL SITE
Definitions.
As used in this section, the following terms shall be interpreted or defined as follows:
Any digging or boring of a new well to explore, develop or produce oil, gas or other hydrocarbons, or to inject gas, water or any other fluid or substance into the earth.
The derrick, all parts and appurtenances to such structure, and every piece of apparatus, machinery or equipment used, erected or maintained for use in connection with drilling.
A lined depression, excavation, pit, or facility situated in or upon the ground, whether natural or artificial, used to store oil and gas development wastewater, including but brine, fracturing fluid or residual waste.
A lined depression, excavation, pit, or facility situated in or upon the ground, whether natural or artificial, used to store fresh water.
A permanent structure with equipment, tanks and site disturbance that is used as a midstream operation for the purpose of metering or measuring the flow and/or volume of gas.
For the purposes of this section, MLVTs include any aboveground tank field assembled from multiple uniform factory prepared components used to support a synthetic liner which provides primary containment for 5,000 barrels or more of fluids. By this definition, MLVTs are typically field assembled on an oil and gas location for temporary use or are dismantled for movement to a different location following their use. Fluids include freshwater, flowback and natural gas residual.
A facility designed and constructed to compress and aid in the transportation of natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
A facility designed and constructed to remove materials such as ethane, propane and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and all other hydrocarbons and non-hydrocarbons contained in, associated with, or produced/originating within any formation and all communicating zones and their liquid or gaseous constituents that are produced by drilling a well of any depth into, through and below the surface of the earth.
The well site preparation, well site construction, drilling, hydraulic fracturing and/or site restoration associated with an oil and gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities and the installation and use of all associated equipment, including tanks, meters and other equipment and structures, whether permanent or temporary, and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas other than natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities are only authorized consistent with this section.
The oil and gas drill site shall consist of the area occupied by the facilities, structures and equipment necessary for or incidental to the drilling, production or operation of an oil or gas well.
Activities performed under the surface of the ground that are part of the operation of oil and gas drilling, as defined herein, located on properties within the unit for a particular drill site, but that are not included in the drill site, including, but not limited to: horizontal drilling and hydraulic fracturing zones, underground gathering and transmission pipelines and similar underground facilities incidental to oil and gas drilling.
The conduct on a property of oil and gas drilling, as defined herein, that involves activities performed on or above the surface of the ground, including but not limited to: location of the well head and accessory structures, operation of the drilling rig, construction of an access drive and aboveground storage and/or treatment of water and fluids used in the drilling process.
Any person, partnership, company, corporation and its subcontractors and agents who have an interest in real estate and/or oil and gas for the purpose of developing, exploring or drilling for, producing or transporting oil or gas.
Any occupied residence, commercial business, school, religious institution or public building located within 750 feet of the property line of a well that may be impacted by noise generated from drilling or hydraulic fracturing activity at a well site. The term shall not include any structure owned by an oil and gas lessor who has signed a lease or agreement with the operator granting surface rights to drill the subject well or whose owner (or occupants) has (have) signed a waiver relieving the operator from implementation of the measures established in Subsection E(18) of this section for the owner's (occupants') benefit.
A facility consisting of either an earthen impoundment or aboveground storage tank(s) designed to contain a total of 1,000,000 gallons or more of water and to be used primarily for the storage of fresh water purchased or withdrawn for the hydraulic fracturing of oil and/or gas wells, together with associated piping and equipment used for handling, pumping, transferring or treating such water. See also "impoundment," "modular large volume tanks," "recycled water storage facility."
Mobile homes/trailers used to provide workers over night living accommodations at an oil or gas well site.
Township of Chartiers, Washington County, Pennsylvania.
Any land or buildings serving as a stand above point of assembly or preparation used as a relay station for the transfer of a load from one vehicle to another or one party to another. This staging area is not connected to oil and gas operations on a particular site.
A graded pad designed and constructed for the drilling of one or more oil and gas wells.
C.
Zoning. Chartiers Township hereby declares that oil and gas development is authorized by zoning permit in the Township, subject to the following prohibitions, conditions and standards:
(1)
Oil and gas drilling surface activities shall be a permitted use in the I-1 Industrial Zoning District, on properties that are a minimum of 10 acres or larger on the surface, or with unity of ownership that is a minimum of 10 acres or larger, and subject to the conditions/standards set forth in Subsection E.
(2)
Oil and gas drilling surface activities shall be a conditional use in the A-1 Agriculture Zoning District, on properties that are a minimum of 10 acres or larger on the surface, or with unity of ownership that is a minimum of 10 acres or larger, and subject to the conditions/standards set forth in Subsection E.
(3)
Oil and gas drilling surface activities shall be a conditional use in the R-1 Residence Zoning District, on properties that are a minimum of 25 acres or larger on the surface, or with unity of ownership that is a minimum of 25 acres or larger, and subject to the conditions/standards set forth in Subsection E.
(4)
Oil and gas drilling subsurface activities are permitted in all zoning districts.
(5)
Natural gas drilling, compressor stations and natural gas processing facilities shall be a conditional use in the A-1 Agricultural Zoning District.
(6)
Impoundments shall be permitted as an accessory use to oil and gas drilling only on an oil and gas drilling site for the well where the drilling is occurring and shall be reclaimed at the same time the surface well site is reclaimed. No off-site impoundments, drill cuttings pits/reserve pits shall be permitted.
(7)
Metering stations shall be a permitted use in the I-1 Industrial District, and a conditional use in the A-1 Agricultural Zoning District, and the C-1 and C-2 Commercial Zoning Districts.
(8)
Modular large-volume tank sites (MVTs) shall be permitted as an accessory use to oil and gas drilling only on an oil and gas drilling site for the well where the drilling is occurring and shall be reclaimed at the same time the surface well site is reclaimed. No off-site MVTs shall be permitted.
(9)
Temporary bunk trailers shall be a permitted accessory use to oil and gas drilling during the drilling and fracturing processes only.
(10)
Truck staging areas shall be a permitted use in the C-2 Commercial and I-1 Industrial Zoning Districts, and as a conditional use in the A-1 Agricultural Zoning District.
D.
Zoning permits. At least 30 days prior to the initiation of any activities contemplated in this section within the Township, the operator shall submit an application for a zoning permit for development activities within the Township, with the required fee, on a form prescribed by the Township, to include but not limited to the following:
(1)
The operator shall provide to the Township the sum of $5,000, which represents a fund from which the Township may draw from/be reimbursed for administrative inspection and engineering costs and fees for review and inspections to ensure compliance with this section. This amount may be adjusted from time to time by resolution of the Board of Supervisors. Any costs and fees over and above the aforesaid initial amount of $5,000 shall be reimbursed to the Township along with a 10% administrative and overhead charge within 30 days of invoicing by the Township. The permit fee itself is $2,000.
(2)
A certificate of liability insurance shall be provided.
(3)
The operator shall provide the Township the right of entry to inspect the property which contains oil and gas drilling surface facilities.
(4)
A copy of the well location plat submitted to the Pennsylvania Department of Environmental Protection showing the location(s) of the planned wells.
(5)
A general description of the planned operation of the planned well(s) and associated equipment used in development of the well(s), including a timeline for the surface operations/activities.
(6)
A copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection (DEP).
(7)
Written permission, i.e., lease, memorandum, or agreement, from the property owner(s) who have legal or equitable title in and to the surface property of the drill site.
(8)
A map showing the planned access route(s) to the well sites on public roads.
(9)
Information on the status of road bonding.
(10)
The operator's erosion and sedimentation plan.
(11)
Planned hours of construction activities involving excavation of or alteration to the repair work on any access road or well site.
(12)
Procedure and method of compliance with the noise control provisions of this section.
(13)
Plan to control spill, leak or malfunction and to remove or cause to be removed all waste materials from any public or private property affected by such spill, leak or malfunction.
(14)
The name of the on-site supervisor of the drilling operation and toll-free number where such person can be reached 24 hours a day.
(15)
The identity, address and contact numbers for all subcontractors associated with the development or production facility. The Township will be notified by the operator within 48 hours of any subcontractor changes.
(16)
Verification that the operator has read and will comply with all provisions of this section.
E.
Conditions/standards.
(1)
At least 30 days prior to initial development activities in the Township, the operator/applicant shall attend a public meeting after submitting the information required by the section to the Township so the Board may review prior to that public meeting. The operator/applicant will allow for questions and answers related to the development plans thereto. The operator shall notify owners of real estate within 1,000 feet of contemplated oil and gas activity within the Township, the date, time and location of the meeting, and the approximate location of the proposed well site, well sites and compressor stations at least once, not more than 30 days and not less than seven days in advance of the meeting. If requested by Township, and if drilling activities continue for more than 12 months, the operator shall attend additional meetings and present information, but shall not be required to do so more often than annually, unless additional well sites not previously discussed at a public hearing are proposed.
(2)
Operator shall comply with any general applicable bonding and/or road maintenance agreements required for Township roads that are to be used by overweight vehicles and equipment for development activities.
(3)
Operator shall take the necessary safeguards to ensure that the Township roads utilized remain free of dirt, mud and debris resulting from the development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur.
(4)
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 permitted, during periods of anticipated heavy or frequent truck traffic associated with development, operator, will provide flagmen to ensure the safety of children at or near schools or school bus stops and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
(5)
The first 100 feet of access driveway off the public road to the drill site shall be paved and also gated at the entrance to prevent illegal access into the drill site. The operator may either pave or use aggregate on the remaining portion of the access road. The operator shall implement such measures as necessary to ensure compliance with § 300-40 of Chapter 300, Streets and Sidewalks, of the Chartiers Township Code of Ordinances. The drill site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency 24 hours a day, seven days a week.
(6)
Access directly to State roads shall require Pennsylvania Department of Transportation (PennDOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the highway occupancy permit.
(7)
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. However, operator shall be permitted to, consistent with Chartiers Township's Burning Ordinance(s),[1] to burn any brush, trees or stumps that have been removed from the ground and collected into a pile or piles on the properties where the operator is engaging in development.
(8)
Prior to commencement of drilling activity, operator shall provide to the Township's first responders, and Zoning Officer, a copy of its Preparedness, Prevention and Contingency (PPC) Plan.
(9)
Before drilling, the Township shall ascertain whether the Township's first responders have secured adequate information to deal with any potential dangerous conditions that may result due to development activities. The Township Zoning Officer, Township Engineer, Township Emergency Management Coordinator and first responders shall have on site orientation and be provided adequate awareness information. Upon request from the Township, operator will, prior to drilling of an oil and gas well, make available with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the operator anticipates drilling activities in the Township.
(10)
Operator shall take the necessary safeguards to ensure appropriate dust control measures are in place.
(11)
Recognizing that the specific location of equipment and facilities is an important and integral part of the oil and gas development, and as part of the planning process, operator shall strive to consider 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 Township development activities as authorized by this chapter and Chapter 305, Subdivision and Land Development.
(12)
The operator shall not stack trucks or other vehicles along any Township road or along the shoulder of any Township road.
(13)
Recognizing that adequate and appropriate lighting is essential to the safety of those involved in the development of oil and gas, the operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the drill site, wellhead or other area being developed so as to attempt to minimize glare on public roads and adjacent buildings in accordance with the Township lighting ordinance.
(14)
Prior to drilling an oil and gas well or multiple oil and gas wells at a location, but no later than two weeks beforehand, the operator shall provide the following information to both the Township Zoning Officer and each resident within 1,000 feet of the planned surface location of the oil and gas activities:
(a)
A copy of the well survey plat showing the location(s) of the planned well(s);
(b)
A general description of the planned operations at the planned well(s) and associated equipment used in the development of the well(s);
(c)
The contact information for the operator, or his representative, to be reached 24 hours a day, seven days a week; and
(d)
The availability of the operator to hold a meeting with such residents to present operator's plans for the well(s) and allow for questions and answers. The meeting(s) shall be held prior to well site construction.
(15)
In addition to the requirements in Subsection (E)(1) through (14) above, for any oil and gas activity where the planned surface location of the activity will be within 750 feet of a protected structure, the operator shall:
(a)
Install permanent fencing a minimum of six feet height meeting OSHA requirements around all impoundments, finished wells, and oil and gas processing operations;
(b)
Install warning signs providing notice of the potential dangers at the well site;
(c)
Provide at least one security guard 24/7 at all times when a drilling rig or hydraulic fracturing equipment is on the well site.
(16)
In addition to the requirements in Subsection (E)(1) through (15) above, prior to drilling an oil and gas well or multiple oil and gas wells at a location, no later than two weeks beforehand, the operator shall notify each resident where horizontal drilling will take place under their property for informational purposes.
(17)
Prior to the commencement of drilling activities, no construction activities involving excavation of, alteration to, or repair work on any access road or well site shall be performed during the hours of 7:00 p.m. to 7:00 a.m.
(18)
The Township recognizes and acknowledges that oil and gas development is accompanied by inherent noise. However, the operator shall take the following steps to minimize, to the extent practicable, the noise resulting from the development:
(a)
Operator shall comply with the noise standards in § 350-38A(5) of this chapter.
(b)
If the operator engages in any noise testing as required by this section, it will provide preliminary data to the Township no later than 10 business days following completion of the noise testing. Once the monitoring is complete, operator will meet with Township Zoning Officer or Township Code Enforcement Officer and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded.
(c)
Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless it is equipped with: (i) an exhaust muffler; or (ii) an exhaust box. The exhaust muffler or exhaust box shall be constructed on noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer's specifications.
(d)
All workover operations shall be restricted to the hours of 6:00 a.m. to 8:00 p.m., except in the extent of an emergency, as reasonably determined by the operator. "Workover operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.
(e)
Operator will ensure that any and all vehicles servicing oil and gas well sites, whether owned by the operator or not, are equipped with mufflers and other equipment to minimize the noise generated by the use of these vehicles.
(f)
A barrier of 50 feet width shall be provided around all surface oil and gas development and production operations and supporting operations.
(19)
Subsection E(1), (15), (17) and (18) of this section shall not apply to coal bed methane and conventional oil and gas well drilling and completion activities, i.e., those wells drilled to depths shallower than the base of the Elk Sandstone or its stratigraphic equivalent, and such oil and gas well drilling of a single well on a well site for no more than seven consecutive days total in any calendar year.
[Amended 5-28-2019 by Ord. No. 385]
(20)
The Township reserves the right to review and approve all temporary housing arrangements for employees of operator and any subcontractors working on the oil and gas well site during the duration of drilling operations.
(21)
All permanent surface facilities shall be painted an earth-tone color to blend in with the surrounding area. The Township may require fencing and or landscaping to buffer the facilities from adjacent properties as previously specified.
(22)
No drilling will be conducted closer than 750 feet to any adjacent property line or public right-of-way without written permission from that adjacent property owner(s) and/or lessor(s) of the property.
(23)
No drilling operations shall be conducted closer than 750 feet from the center of the drilling pad to any existing dwelling, school, hospital or similar residential use or to any water source for such uses without written permission from those owner(s) and/or lessor(s).
(24)
Permissible impoundments shall contain netting and fencing as specified in other clauses of this section.
(25)
Standards and criteria: metering stations.
(a)
Operator shall obtain the applicable Township permits, which may include: building permits, grading permit, zoning certificates and certificates of occupancy. Building permits, zoning permits and certificates of occupancy.
(c)
Setbacks. The aboveground equipment shall be subject to the setbacks in the setbacks of the underlying zoning district. Additionally, it shall be subject to the following setbacks, and where a conflict exists, the following setbacks shall apply:
(d)
Screening/fencing. Aboveground metering station shall be enclosed by a chain-link fence in accordance with the following standards:
[1]
A secured entrance gate shall be required and is to be kept locked when the operator or its employees are not on the premises.
[2]
Chain-link fence shall be six feet in height.
[3]
Chain-link fence shall be a minimum of 11 gauge steel.
[4]
Operator shall submit a landscape plan that incorporates existing, and if necessary, new vegetation, where practical, and in accordance with applicable permit and regulatory requirements, to provide a buffer in connection with any permanent facilities from adjacent properties and any public rights-of-way.
(e)
Access roads. Access to any staging area shall be located as to minimize danger to traffic and nuisance to surrounding properties. The following standards apply:
[1]
Any newly established private easement/roadways constructed on the parcel containing the facility shall not be located within the side yard setback of the subject property.
[2]
All roads and access roads shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather.
[3]
The first 50 feet of the access road shall be paved and be constructed with an additional 150 feet or to the terminus of the access road, whichever is less, constructed of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road in accordance with § 300-40 of the Chartiers Township Code of Ordinances.
(f)
Signage. The facility shall signage shall be clearly visible for all emergency responders at the location where the access road intersects with the Township or state road and at the entrance gate for each facility. The signage shall include:
(g)
Prior to commencement of operations, operator shall provide to the Township's first responders, and Zoning Officer, a copy of its Preparedness, Prevention and Contingency (PPC) Plan.
(26)
Standards and criteria: modular large-volume tanks.
(a)
Design criteria. The MVT design package must be certified and sealed by a licensed professional engineer. The licensed engineer must either be licensed in the State of Pennsylvania or the state where the MLVT was designed or manufactured:
[1]
Be included on the approved site plan;
[2]
Fresh and/or residual wastewater designation;
[3]
Documentation of applicable site conditions for installation, which includes, grades, bedding material and thickness;
[4]
The required liner material and minimum thickness for the application along with the applicable standards;
[5]
Liner installation and quality control measures;
[6]
Periodic testing and reinspection requirements, including what to perform, when to perform and testing guidelines and protocols.
(b)
Certification of site and installation.
[1]
The applicant must provide certification that site was prepared in accordance with all applicable permits and the applicable design package specifications and that the MLVT is being used for its intended purpose. All tanks must meet the containment requirements of Section 3218.2 of Act 13 of 2012.[2]
[2]
Editor's Note: See 58 Pa.C.S.A. § 3218.2.
(c)
Filling. The oil and gas operator must supervise the initial filling of the MVT and inspect the MLVT for leaks during filling. In the event of a leak, filling must cease, leak(s) be repaired and the integrity of the tank must be evaluated prior to continue filling.
(d)
Setbacks. MLVTs must be set back 750 feet from a protected structure.
(e)
Grading permit. A grading permit, if applicable, must be obtained in accordance the Chartiers Township Code of Ordinances prior to any grading or earth moving, including an approved E&S Control Plan.
(f)
Liners. All liners must be welded and tested in accordance with the applicable design codes.
(g)
Signage. Signage must be posted on each MLVT to indicate that the contents are either fresh water or residual wastewater.
(h)
Inspection. Reinspection/testing must be done regularly in accordance with manufacturer recommendations. Inspection records must be made available to the Township upon request.
(27)
Standards and criteria temporary bunk houses.
(a)
Temporary on-site housing is permitted during vertical, horizontal drilling only for the minimum number of essential personnel to provide twenty-four-hour supervision/security/safety, not to exceed nine individuals.
(b)
Occupancy shall be for a maximum of 120 days.
(c)
Operator shall meet all state and local water and sewage requirements.
(d)
Temporary bunk houses are only permitted on the site for where the drilling is taking place. No-off-site bunk houses, neither temporary nor permanent, shall be permitted.
(28)
Standards and criteria for truck staging areas in the I-1, C-1 and C-2 Zoning Districts.
(a)
Setbacks. Truck staging areas shall conform to the minimum setback requirements of the applicable zoning district.
(b)
Surface. The surface of the staging area shall be paved and/or constructed of limestone and designed in a manner that would reasonably minimize water, sediment or debris carried onto any public road.
(c)
Access roads. Access to any staging area shall be located as to minimize danger to traffic and nuisance to surrounding properties. The following standards apply:
[1]
Any newly established private easement/roadways constructed on the parcel containing the facility shall not be located within the side yard setback of the subject property.
[2]
All roads and access roads shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather.
F.
Application procedure for conditional uses. All applications for conditional uses shall be submitted to the Township Zoning Officer pursuant to the procedures set forth in § 350-50. All applications for conditional use approval shall be submitted in writing on forms provided by the Township and shall include the required fee, a land development plan, and a written statement indicating compliance with the applicable expressed standards and criteria of this Subsection F. Public hearings by the Board of Supervisors shall be conducted in accordance with the procedures set forth in § 350-50.
(1)
Standards and criteria: metering stations.
(a)
Operator shall obtain the applicable Township permits, which may include: building permits, grading permit, zoning certificates and certificates of occupancy. Building permits, zoning permits and certificates of occupancy.
(c)
Setbacks. The aboveground equipment shall be subject to the setbacks in the setbacks of the underlying zoning district. Additionally, it shall be subject to the following setbacks, and where a conflict exists, the following setbacks shall apply:
(d)
Screening/fencing. Aboveground metering station shall be enclosed by a chain-link fence in accordance with the following standards:
[1]
A secured entrance gate shall be required and is to be kept locked when the operator or its employees are not on the premises.
[2]
Chain-link fence shall be six feet in height.
[3]
Chain-link fence shall be a minimum of 11 gauge steel.
[4]
Operator shall submit a landscape plan that incorporates existing, and if necessary, new vegetation, where practical, and in accordance with applicable permit and regulatory requirements, to provide a buffer in connection with any permanent facilities from adjacent properties and any public rights-of-way.
(e)
Access roads. Access to any staging area shall be located as to minimize danger to traffic and nuisance to surrounding properties. The following standards apply:
[1]
Any newly established private easement/roadways constructed on the parcel containing the facility shall not be located within the side yard setback of the subject property.
[2]
All roads and access roads shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather.
[3]
The first 50 feet of the access road shall be paved and be constructed with an additional 150 feet or to the terminus of the access road, whichever is less, constructed of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road in accordance with § 300-40 of the Chartiers Township Code of Ordinances.
(f)
Signage. The facility signage shall be clearly visible for all emergency responders at the location where the access road intersects with the Township or state road and at the entrance gate for each facility. The signage shall include:
(g)
Prior to commencement of operations, operator shall provide to the Township's first responders, and Zoning Officer, a copy of its Preparedness, Prevention and Contingency (PPC) Plan.
(2)
Standards and criteria: compressor stations and natural gas processing facilities.
(a)
The minimum site required for a natural gas processing facility shall be 50 acres and site location limited to the A-1 Zoning District.
(b)
Natural gas compressor stations shall be limited to the A-1 Zoning District. Natural gas compressor stations shall be located at a minimum of 750 feet away from any protected structure.
(c)
Compressors shall be located within a completely enclosed noise-suppressed building. During periods of normal operations, doors, windows and similar operations shall remain closed to ensure maximum noise suppression.
(d)
Compressors and other power-driven equipment shall utilize electric motors, where feasible, rather than internal combustion engines. No electric power shall be generated on the site. This does not preclude on-site standby generation and transfer of electric power in sufficient amount to preserve essential safety-related systems in the event of a utility outage. All electrical installations shall conform to local, state and national codes.
(e)
All property lines adjoining property in an A-1 Zoning District shall have a minimum fifty-foot buffer with appropriate trees and shrubs, to screen buildings, structures, parking areas, storage and equipment. If this requirement is in conflict with other landscaping and/or bufferyard requirements in Chapter 350, the greater distance shall apply.
(f)
First responder shall be provided with a complete, detailed list of all gases, chemicals and waste products produced, stored or distributed on the site.
(g)
All waste disposal and storage of gases or by-products shall be in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection (PA DEP) and any other applicable federal, state or local agency.
(h)
No person shall place, deposit, discharge or cause to be placed, deposited or discharged any oil, petroleum, asphalt, tar, hydrocarbon substances or any refuse including wastewater or brine from any natural gas processing facility or the contents of any container used in connection with any public right-of-way, alley, street, lot, storm drain, ditch or sewer, sanitary drain, lake, pond, creek or similar body of water or any private property without permits from the appropriate regulatory agencies.
(i)
Drip pans and other containment devices shall be placed or installed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, connections and any other areas or structures that could potentially leak, discharge or spill hazardous liquids, semi-liquids or solid waste materials, including hazardous waste that is inseparable by simple mechanical removal processes and is made up primarily of natural material.
(j)
All chemicals and/or hazardous materials shall be stored in such a manner as to prevent, contain and facilitate rapid remediation and cleanup of any accidental spill, leak or discharge of a hazardous material. The operator shall have all material safety data sheets (MSDSs), or subsequently legislated documents, for all hazardous materials on site. All applicable federal and state regulatory requirements for the proper labeling of containers shall be followed. Appropriate pollution prevention actions shall be required and include, but are not limited to: chemical and materials raised from the ground (e.g., wooden pallets), bulk storage, installation and maintenance of secondary containments systems, and protection from stormwater and weather elements.
(3)
Standards and criteria: truck staging area(s).
(a)
Setbacks: 50 feet from any public road or public right-of-way.
(b)
Surface. The surface of the staging area shall be paved and/or constructed of limestone and designed in a manner that would reasonably minimize water, sediment or debris carried onto any public road.
(c)
Access roads. Access to any staging area shall be located as to minimize danger to traffic and nuisance to surrounding properties. The following standards apply:
[1]
Any newly established private easement/roadways constructed on the parcel containing the facility shall not be located within the side yard setback of the subject property.
[2]
The first 50 feet of the access road shall be paved and be constructed with an additional 150 feet or to the terminus of the access road, whichever is less, constructed of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road in accordance with § 300-40 of the Chartiers Township Code of Ordinances.
[3]
All roads and access roads shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather.
G.
Penalties. Any operator or person performing work at their direction who violates or permits a violation of this chapter shall, upon being found liable therefor in an enforcement proceeding commenced by the Township before a court of competent jurisdiction, pay a fine of not more than $500 per day, plus all court costs, including reasonable attorney's fees incurred by the Township. No judgment shall be commenced or imposed, levied or payable until the date of the determination of a violation by the court of competent jurisdiction. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond will be required if injunction relief is sought by the Township.
§ 350-48.1 Windmills for wind energy generation.
[Added 9-7-2010 by Ord. No. 327]
A.
Windmills for wind energy generation shall be permitted as a use by right. A minimum of five acres is required for each windmill.
B.
Except as otherwise provided in this chapter, power generated by windmills under this section shall not exceed 10 KW. There shall be no commercial use of windmills for the generation of energy, except for that energy generated in excess of the requirements of the property where the windmill is located and purchased by a public utility in accordance with the law or other government regulations.
C.
Construction of windmills shall be limited to one windmill on a minimum of five acres.
D.
The maximum height of any windmill, measured from the average approved finished grade at the perimeter of the windmill foundation to the highest vertical point of blade at its maximum vertical position, shall not exceed 60 feet. Windmills must be set back from all existing/proposed structures and property lines a minimum of the height of the windmill plus blade length plus 20% or 1.2 x the windmill height plus the blade length (e.g., 1.2 x 60 feet + 10 feet = an eighty-foot setback).
E.
Only single-pole (monopole) windmill structures shall be permitted. A windmill shall be self-supporting on its foundation (i.e., no guy wires).
F.
No windmill blade at its lowest point shall be closer than 15 feet to the surface of the ground.
G.
All utilities, lines, cables, wires and other connections to or from the windmill and any other structure associated with the windmill shall be at or below grade.
H.
Noise emitted from the operation of the windmill shall be in accordance with Township ordinances.
I.
Windmills shall not be lighted except as otherwise required by applicable law.
J.
There shall be no antennas, advertising or other items or material affixed to or otherwise placed on the windmill except those required for safety.
K.
Access to a windmill shall not be provided any lower than 15 feet at the highest point of the windmill base.
L.
All installations of windmills will require the owner to apply for a permit with permit fees set by the Township Board of Supervisors. Approval of all conditions regarding location and installation will be a part of this permitting process along with all inspections required during construction. A site plan shall be prepared by the owner and submitted as part of the permitting process for installation of a windmill. Applications submitted without a site plan shall be returned to the applicant as incomplete. The site plan shall contain at a minimum, in addition to the other requirements of this section, the following:
(1)
Property boundaries as shown on a survey or aerial map with boundaries indicated.
(2)
Location of proposed windmill along with all man-made structures on the property. All approximate distances from windmill to existing/proposed structures and boundary lines must be indicated.
(3)
All wires, and overhead structures, both natural and man-made.
(4)
Complete manufacturer's structural and construction details, including narrative descriptions, demonstrating how the foundation, support and other parts of the windmill will be constructed, installed and maintained, together with the safety features proposed to prohibit unauthorized access.
(5)
All new structures, together with any alterations to or modifications of existing structures, proposed in connection with the windmill.
(6)
Information regarding the speed of operation and the braking mechanism(s). No windmills shall be permitted which lack an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding and/or excessive pressure on the windmill or any of its component parts.
M.
Removal of windmills.
(1)
Any windmill which has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.
(2)
All structures enclosures accessory to the windmill shall also be completely removed from the property to a place of safe and legal disposal.
(3)
The former windmill site shall be restored to as natural condition as possible within six months of the cessation of active and continuous use.
N.
Certifications and inspections.
(1)
National and state standards. The applicant shall show that all applicable manufacturer and the Commonwealth of Pennsylvania and United States standards for the construction, operation and maintenance of the proposed windmill have been met, including, without limitation, back-feed prevention and lightning grounding. Windmills shall be built, operated and maintained to the applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).
O.
No windmill shall commence operation until the owner and certified/qualified installer have certified to the Township in writing that the conditions of this section have been satisfied and the windmill has been constructed and installed in accordance with the approved plans and specifications. Any other required state or federal regulatory permitting processes must also be completed.
P.
No electric storage facilities are permitted for use with windmill construction and operation.
Q.
Except as otherwise provided herein to the contrary, in the event of a conflict between the provisions of this section and any other ordinance of the Township, the more restrictive provisions shall be controlling.
R.
Any person violating this section shall be subject to a fine, upon conviction by a court of competent jurisdiction, in the amount of $300, per day, plus costs. Each day a violation exists shall be considered an additional violation.
§ 350-48.2 West Pike Street Overlay District (WP District)
[Added 6-9-2015 by Ord. No. 349]
A.
General provisions.
(1)
Purpose. The purpose of this section is to facilitate the enhancement of the West Pike Street Corridor between First Street and the Meadowlands Interchange. It is the intent of this section to promote the development of livable streets, which are oriented to and accessible by pedestrians and to increase opportunities for a mixture of uses that are unified through the utilization of similar design elements and featured amenities. Development permitted within the West Pike Street Overlay District shall have specific pedestrian and neighborhood orientation, and shall be linked together through streetscape amenities, including sidewalks, ornamental streetlighting, pedestrian-scale signage, street trees, and parking areas. The District is meant to avoid the deterioration of structures and support effective rehabilitation efforts.
(2)
District boundaries. The boundaries of the WP District are delineated on the Chartiers Township Zoning Map, Exhibit A.
(3)
Community development objectives. The community development objectives for the WP District shall include the following:
(a)
To facilitate the enhancement of the existing mixed-use development of the area.
(b)
To maintain and promote the significance of this area as a gateway for Chartiers Township, which provides neighborhood-scale services to Township residents.
(c)
To facilitate safe pedestrian access through the development of streetscape amenities.
(d)
To provide for a mix of mutually supportive uses that are unified by the streetscape design.
(e)
To maintain a complimentary mix of uses in this district such as: residential, office, and retail.
(f)
To permit uses that promote conversion or reuse of existing buildings in a manner that creates the character and scale of neighborhood commercial amenities within the WP District.
(g)
To implement a community objective from the Chartiers Township Comprehensive Plan.
(4)
Uses.
(b)
Prohibited uses. The following uses shall be prohibited in the WP District:
[1]
Manufacture, compounding, processing or treatment of such products as cosmetics, drugs, pharmaceuticals, perfumes, toiletries, and food products such as bakery goods, confectioneries, dairy products;
[2]
Manufacture, compounding, assembly or treatment of articles of merchandise from the following previously prepared materials: bone, concrete products, cellophane, plastic, precious or semiprecious metals or stones, marble, metals, shell, straw, textiles, wood, yarn or paint;
[3]
Incinerator;
[4]
Sanitary landfill and accessory uses;
[5]
Processing of natural gas, including dehydration and separation of natural gas liquids using cryogenic or other methods;
[6]
Single-family detached dwelling; and
[7]
Multiple-family dwelling, except for second-story multifamily dwellings shall be permitted as a permitted use by right.
(5)
Implementation of WP District requirements. Improvements within the WP District shall comply with the design standards referenced in Table 1 of this section as follows:
(a)
New construction. In the event a new building is to be constructed, all the design standards checked in column (1) of Table 1 shall apply to the entire lot on which the new building is located.
(b)
Other improvements requiring building permit. In the event any other improvement requiring a building permit and having an estimated construction cost exceeding 50% of the buildings, then-current estimated fair market value as established by the Washington County Office of Property Assessment is to be constructed, those design standards checked in column (2) of Table 1 shall apply to the entire lot upon which the improvement is to be constructed.
(c)
Item being improved. In the event the specific item checked in column (3) of Table 1 is to be replaced, altered or expanded and the cost is in excess of $10,000, as determined by the Township, each such item shall comply with the design standards for that specific item.
(d)
Change in use. In the event a business is applying for an occupancy permit and the use is different from the previous use in that space, those design standards checked in column (4) shall apply to the entire lot upon which the business is proposing to occupy. This section shall not apply to multi-tenant buildings, when the gross floor area occupied by the changed use consists of less than 25% of the total gross floor area in a multi-tenant building.
Table 1 | ||||
|---|---|---|---|---|
(1) New Construction | (2) Building Permit Exceeding 50% of value | (3) Item Being Improved | (4) Change in Use | |
Building setback, placement, size, height and coverage |  | * | ||
Architectural materials and building orientation | | * | ||
Sidewalks | | | | |
Pedestrian lighting | | | ||
Streetscape plantings | | | | |
Driveways/curb cuts | | | ||
Off-street parking areas | | | ||
Signage | | | | |
Loading and storage areas | | | ||
* | Only applies to the expansion of the building footprint. |
(6)
District requirements.
(a)
Building setback, placement, size, height and coverage.
[1]
Yard and setback requirements.
[a]
Front yard.
[i]
The minimum building setback shall not be less than the smaller the front yards of the two buildings immediately adjacent (on either side) to the proposed use or 20 feet from the street right-of-way, whichever is greater.
[ii]
The maximum building setback shall be 35 feet.
[iii]
Enhanced pedestrian space and amenity incentive. The maximum front yard building setback may be exceeded when a development or use incorporates enhanced pedestrian spaces and amenities within the setback area. Enhanced pedestrian spaces and amenities consist of a combination of features such as plazas, fountains, courtyards, arcaded pedestrian walkways, outdoor seating, widened sidewalks or pedestrian pathways/trails, benches, shelters, street furniture, playgrounds, gazebos, public art or kiosks.
[b]
Side yard:
[i]
Five feet when a commercial use abuts another commercial use and the adjoining property is in the WP District.
[ii]
Ten feet if the adjoining use is in the WP District and the adjoining use is not a commercial use.
[iii]
The side yard setback of the underlying zoning district when the adjoining use is not in the WP District.
[c]
Rear yard. The rear yard setback of the underlying zoning district shall apply.
[2]
Retail store and commercial use requirements.
[a]
No individual retail store shall exceed 15,000 square feet of gross floor area.
[b]
The aggregate retail and commercial uses in one building or structure shall not exceed 20,000 square feet in gross floor area.
[i]
No more than five individual retail uses shall be contained in one structure.
[ii]
Enhanced pedestrian space and amenity incentive. An additional 5,000 square feet in gross floor area, for a maximum of 25,000 square feet in gross floor area, is permitted, when a development or use incorporates enhanced pedestrian spaces and amenities. Enhanced pedestrian spaces and amenities consist of a combination of features such as plazas, courtyards, arcaded pedestrian walkways, outdoor seating, widened sidewalks or pedestrian pathways/trails, benches, shelters, street furniture, public art or kiosks.
[3]
Maximum building coverage: 50% per lot.
[4]
Maximum building height: 40 feet with a maximum of two stories. Chimneys, spires and similar projections may exceed the prescribed height limitations by not more than 25%.
[5]
Minimum building height: 30 feet.
(b)
Streetscape plantings.
[1]
One street tree shall be required for every 30 feet of front yard, for all land developments, changes of use and for buildings reconstructed or rehabilitated over 50% of the current fair market value.
[2]
Street trees must be from the approved street tree list in Table 2 below:
Table 2 | |
|---|---|
Common Name | Scientific Name |
Green mountain sugar maple* | Acer saccharum 'Green Mountain" |
Hackberry* | Celtis occidentails |
Thornless honeylocust* | Gleditsia tria inermis |
Liberty London planetree | Platanus x acerfolia 'Liberty' |
* | Indigenous species in the Eastern United States. |
[3]
Each street tree shall have a minimum of a two-foot diameter landscaping area around to accommodate root growth and further landscaping.
(c)
Pedestrian lighting. Pedestrian lights are required. The type, style, operation and location of pedestrian lights shall be in accordance with the West Penn Power Colonial Standards but shall be approved by the Township. Illumination levels shall provide for adequate safety, yet not detract from or overly emphasize the street or create a distraction for the traveling public. Pedestrian lighting shall not exceed 15 feet in height. Pedestrian lights shall be installed adjacent to all sidewalks and walkways.
(d)
Signage. Signs shall be permitted as provided for in § 350-34 of this chapter, with the following additions and exceptions:
[1]
Wall projecting signs. Walls projecting signs shall be permitted, provided:
[2]
Window signs. Window signs shall be permitted under the following conditions:
[a]
Window signs (which include posters, signs, symbols and other identification of, or information about, the occupant or activity and/or use of the premises) shall be permitted within the allowable total sign area applicable to the building; however, in no case shall window signs exceed 25% of the total window area of the front of the building.
[b]
Window signs shall be limited to ground floor or first-floor windows only.
[3]
Wall signs. Wall signs, as permitted by § 350-34 of this chapter, may be located on any wall of the building facing a public street.
[4]
Ground signs. Ground signs, as permitted by § 350-34 of this chapter, shall contain materials that are compatible with the principal structure on that property. Multiple tenants sharing a building and/or lot shall integrate their signs onto one common ground sign. Any lighting of a ground sign shall be from an external source reflecting off the sign surface.
[5]
Sandwich board signs. Signs which provide a menu option or advertisement for the particular use and which are displayed only during normal business hours may be permitted to be placed on the sidewalk immediately in front of the use, provided that a five-foot clear pedestrian passage is maintained. Only one sandwich board shall be permitted per building. Sandwich board signs shall not exceed 10 square feet in area per sign face.
[6]
Awning signs. Awnings that act as a sign or contain business names, address and/or logo are permitted.
[7]
Prohibited signs. The following signs are not permitted in the WP District:
[a]
Neon signs.
[b]
Banners (except for special community events).
[c]
Pennants/streamers.
[d]
Portable signs [with the exception of sandwich board signs as provided for in this article].
[e]
Mobile placards.
[f]
Flashing or blinking signs.
[g]
Electronic signs or signs with moveable parts, except that an electronic sign that remains stagnant shall be permitted.
[h]
Billboards.
[i]
Signs on roofs, dormers and balconies.
[j]
Internally illuminated/backlit signs.
[8]
Sign orientation. All signs should be oriented to pedestrians and/or persons in vehicles on streets within the immediate neighborhood.
[9]
Multiple tenant signs. Multiple tenants sharing a building and/or lot shall integrate their freestanding signs onto one common sign.
(e)
Temporary outdoor seating. Temporary outdoor seating is encouraged and is permitted to encroach upon the public sidewalk, provided that a five-foot clear sidewalk passage is maintained for pedestrian passage and the temporary seating does not encroach into the clear sight triangle. An incentive bonus in accordance with Subsection A(6)(a)[1][a][iii] and [2][b][ii] of this article is applicable to any property owner providing temporary seating.
(7)
Applicability. All other applicable standards and requirements as set forth in this chapter, Chapter 305, Subdivision and Land Development, and other Township ordinances shall apply to the WP District. Where a conflict arises between the requirements of this section and other sections of this chapter, Code or other Township ordinances, the requirements of this section shall govern. The standards of the WP District contained in this section shall apply to all properties that are within the boundaries of the WP District as delineated on the Chartiers Township Zoning Map.
B.
Design guidelines for the West Pike Street Overlay District.
(1)
Architectural materials and building orientation.
(a)
Ground-floor transparency. The street-level facade of any building facing a public street or access drive shall provide clear or tinted glass or tinted material between the height of three feet and eight feet above the walkway grade for at least 60% of the horizontal length of the building and/or structure. No more than two sides of any one building shall be subject to these provisions. The transparent material shall be clear or tinted in a manner that maintains transparency.
(b)
Facades.
[1]
Buildings which exhibit long, flat facades and continuous linear strip development are prohibited. No horizontal length or uninterrupted curve of a facade shall exceed 100 feet without a change in plane, material, or scale.
[2]
Exterior facade colors shall be subtle, neutral or earth-tone colors.
[3]
The use of high-intensity colors, metallic colors or black may be permitted based upon design features.
[4]
The use of fluorescent colors is prohibited.
(d)
Roofs. All structures with flat roofs must have parapets concealing flat roofs and rooftop equipment. Variations in the roof form and profile are encouraged for large roof areas.
(f)
Frontage. Storefronts and display windows are encouraged along frontages. There shall be at least one entrance accessible to the public for every 100 feet of frontage.
(g)
Design elements. All buildings shall incorporate a minimum of three of the following design elements:
[1]
Pitched roof forms.
[2]
Roof overhangs or cornices.
[3]
Arcaded pedestrian walkways.
[4]
Display windows.
[5]
Pilasters, string courses, character lines or other such means of subdividing the facade.
[6]
Clock or bell towers.
[7]
Decorative planters or planting areas a minimum of five feet in width, integrated into the building design.
[8]
At least two wall surface materials or colors.
(2)
Sidewalks and walkways.
(a)
Sidewalks are required for all land developments, changes in use and for buildings reconstructed or rehabilitated over 50% of the fair market value of the building.
(b)
Sidewalks shall be constructed and installed to connect to the lot line of adjacent parcels. Sidewalks shall be a minimum of five feet in width and shall ideally be located so as to provide a landscaped planting strip between the street curb and sidewalk.
(c)
Trails are encouraged to the rear of properties. Trails may encroach on the rear setback requirements. An incentive bonus in accordance with Subsection A(6)(a)[1][a][iii] and [2][b][ii] of this article shall be applicable to properties that provide trails to the rear of the property.
(3)
Driveways/curb cuts.
(a)
Shared driveway entrances. In order to reduce pedestrian and vehicular conflict, shared driveway entrances and access drives are encouraged.
(b)
Number of driveway entrances. The number of driveway entrances is limited to two per parcel, unless a traffic study recommends otherwise. Vehicular access to parcels shall be through arterial or collector streets or access drives. Parcel access through local streets is discouraged and will only be permitted in rare instances such as the local street is the only feasible way to access the parcel because of exceptional topographical constraints or if the local street is entirely within a commercial district.
(c)
Incentive bonus. When two adjacent property owners agree to combine access points, the property owners shall be entitled to an incentive bonus, in which case the required number of parking spaces would be reduced by 15% for each development, or the building coverage of each development may be increased by 10%. The selection of the specific incentive bonus shall be at the discretion of the property owners.
(d)
Alignment. Driveways, access drives and curb cuts shall have direct alignment with driveways, access drives and curbs cuts on opposing lots.
(4)
Loading and storage areas. Loading docks, trash collection, and similar facilities shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Loading dock facilities shall be screened by a solid masonry wall or fence at least six feet in height. Trash collection and similar facilities shall be completely enclosed within a masonry wall or fence, at least six feet high, on three sides and a self-closing opaque gate on the fourth side so as to maintain a 100% visual blockage on all sides. Dumpster areas shall have hardened, stabilized surfaces constructed to prevent accumulation of stormwater runoff.
(5)
Off-street parking areas.
(a)
Design. Off-street parking areas shall be designed to reduce the negative visual effects of vast paved areas and contain landscaped planting islands and defined landscaped pedestrian walkways.
[1]
Off-street parking spaces shall be provided as required in § 350-40, except as otherwise provided herein.
[2]
Parking areas shall be broken into modules separated by landscaping, a public street, a building, a landscaped pedestrian walkway or a defined access driveway.
[3]
Terminal islands shall be installed at both ends of each single unbroken row of parking containing 20 parking stalls. Terminal islands shall be a minimum of 15 feet in length and a minimum of 10 feet in width. Terminal islands shall be landscaped.
(c)
Interconnection of off-street parking areas. To reduce congestion and the number of curb cuts along public streets and to facilitate emergency vehicle access, parking areas shall be designed to facilitate connection to adjacent parcels in the WP District through an access drive. Access drives shall be constructed parallel to the public street to which the use fronts or is located along. The intent of this provision is to provide a secondary point of access in a grid pattern to properties located within the WP District. The access drive constructed shall extended to the lot line and connect with an existing access drive on an adjacent parcel. If an access drive does not exist on the adjacent parcel, the access drive shall be constructed to the lot line to facilitate a future connection to the adjacent parcel.
(d)
Off-street parking area lighting. Streetlights shall be provided within off-street parking areas and such lighting shall not exceed 25 feet in height.
(e)
Regional public parking. If a public-owned parking lot is provided within the respective overlay district, and is within 600 feet of the proposed development and/or use, then the applicant may be permitted to offset a portion of the required off-street parking spaces to the public-owned parking lot if space is determined available.
(6)
Utilities. The installation of underground public utilities, including electricity, is encouraged wherever possible.
C.
Deviations. Deviations from the requirements of Subsection A, General provisions, and Subsection B, Design Guidelines for the West Pike Street Overlay District, shall be permitted as conditional uses, subject to the following:
(1)
All deviations.
(a)
Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Township's Construction Standard Details.
(2)
Building setback deviations.
(3)
Driveway, access drive and curb cut related deviations.
(a)
The proposed driveway/access plan demonstrates that the proposed driveway, access drive and/or curb cut complies with the applicable clear sight triangle requirements of this chapter and will not create turning conflicts with any driveways, access drives and/or curb cuts in the vicinity of the proposed development and/or use, as confirmed by the Township Engineer.
(4)
Parking-related deviations.
(a)
The proposed parking plan illustrates that the intent of Subsection B(5)(e) can be more effectively met in whole or in part, through the proposed alternative means. For existing parking areas, at a minimum, a restriping plan must be submitted to determine how landscaping will be incorporated into parking lots. The plan should include compact car spaces and allow vehicle overhang over landscape medians to provide a balance of parking and landscaping.
(b)
The proposed parking plan minimizes impervious surfaces through the use of compact car spaces, vehicle overhangs, pervious pavements or other techniques and materials.
(5)
Landscape-related deviations.
(a)
The proposed landscape plan preserves and incorporates existing vegetation in excess of the minimum standards set forth in this article and demonstrates innovative design and use of plant material.
(b)
The landscape plan illustrates that the intent of the West Pike Street Overlay Ordinance and can be more effectively met in whole or in part, through the proposed alternative means.
(c)
Natural land characteristics or existing vegetation on the proposed development site would achieve the intent of this article.
(d)
Innovative landscaping or architectural design is employed on the proposed development site to achieve a screening effect that is equivalent to the screening standards of this article.
(e)
The required landscaping or buffering would be ineffective at maturity due to topography or the location of the improvements on the site.
(f)
A restriping plan must be submitted to determine how landscaping will be incorporated into existing parking lots. The plan should include compact car spaces and allow vehicle overhang over landscape medians to provide a balance of parking and landscaping. In general, reduced area of parking lot planting islands are discouraged, but may be considered when plantings are proposed to be added to an existing parking area and where pervious pavements of at least three feet in width surround the reduced size planting area.
(g)
Where on-site transfer of landscaping requirements are not practical, the applicant may pay a fee in lieu of and equal in value to the net vegetation being forgone to the Township for the express purpose of planting and beautification of the Township.
§ 350-48.3 Banquet facilities.
[Added 10-24-2023 by Ord. No. 405]
A.
Banquet facility, including all fixtures, tents and parking, shall be set back at least 25 feet from all property lines.
B.
Any banquet hall shall be subject to the following setback requirements:
(1)
Existing residential structures: 100 feet.
(2)
Must meet setbacks consistent with what is required for the zoning district.
(3)
Provide and maintain a twenty-foot bufferyard between it and any residential zoning district which shall contain a mix of evergreen, deciduous trees and shrubbery to provide a visual barrier. Said bufferyard shall preserve as many existing trees and vegetation as possible. Supplemental trees shall be a two-inch caliper or greater. Shrubbery is required to buffer headlights.
C.
The conduct of the event, including fixtures, tents and parking, may extend to the grounds but may not extend into the building setback areas.
D.
Parking shall be on the property on which the banquet hall is located and must meet Township standards for parking/square footage.
E.
No event may extend past 11:00 p.m., with all attendees to exit the premises by 12:00 midnight.
F.
All entertainment must end by 11:00 p.m.
G.
All entertainment, including but not limited to DJs, music, bands, a dance floor or a stage, must meet the setbacks and the noise shall not exceed 60 dBA at the property line.
H.
Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line.
I.
No pyrotechnics may be used without a obtaining a fireworks permit.
J.
All improvements are subject to building permits and applicable building codes. All applicable local, state and federal permits must be obtained by the applicant.