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Dallas Township City Zoning Code

ARTICLE VIII

Supplemental Regulations

§ 95-69 Purpose and intent.

Certain uses of land and/or buildings, as specified herein, whether permitted by right, special exception and/or conditional use, shall be subject to supplemental regulations in addition to those of the district in which the use is located.

§ 95-70 Use regulations.

A. 
Use regulations established.
(1) 
Animal hospital. An animal hospital shall maintain all activities within a completely enclosed soundproof building, and no objectionable odors shall be vented outside the building. No animal hospital shall be located less than 100 feet from any property line.
(2) 
Animal kennels. Animal kennels in which animals are kept, boarded or trained may be either enclosed buildings or a combination of buildings and open runways. If all activities are maintained within a completely enclosed building, no objectionable odors shall be vented outside the building. If open runways are used, the building and runways shall be located not less than 100 feet from all property lines. Where the property abuts a district having residences as a principal permitted use, the building and runways shall be not less than 200 feet from such property lines.
(3) 
Automobile-related activities.
(a) 
Automotive repairs (repair garage). Activities including the repair of automobiles, trucks, snowmobiles and motorcycles shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize noise, vibrations, fumes and glare. Said buildings shall be equipped with oil containment facilities/equipment which shall prohibit any oil from being discharged upon the ground or into streams, aquifers and/or the environment. Refuse and/or waste oil shall be removed from the site with disposal required in accordance with governing standards of the Pennsylvania Department of Environmental Protection. Only vehicles to be repaired on the premises or picked up by the vehicles' owner may be stored in the yard area. Where the operation abuts on the side or rear property line of any district having residences as a principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the automotive repair facility from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by a solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties.
(b) 
Automotive sales. Where the operation of an automotive sales use abuts on the side or rear property line of any district having residences as a principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the automotive sales facility from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties.
(c) 
Gasoline service stations (also includes convenience stores with gasoline sales). When a service station abuts on the rear or side lot line on the side or rear property line of any district with residences as a principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the gasoline service station from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. When a service station occupies a corner lot, the access driveways shall be located at least 60 feet from the intersection of the front and side street lines of the lot. All access driveways shall not exceed 25 feet in width. Gasoline pumps or other service appliances and canopies may be located in the required front yard subject to having a setback of not less than 20 feet from the right-of-way line of the adjoining road. All repairs, service, storage or similar activities in connection with the use shall be conducted within the building where adequate measures shall be taken to minimize noise, fumes and glare. Outside lighting shall be directed away from adjacent properties.
(d) 
Car wash. Appropriate drainage facilities for washing activities shall be provided. The facility shall be designed with a water reclamation system. The site shall be sufficiently large to accommodate three cars per stall waiting washing during peak periods so that lines along public streets are avoided. Such operations shall also comply with any applicable regulations of the Pennsylvania Department of Environmental Protection. Car wash operations abutting on the side or rear property lines of a district having residences as a principal permitted use shall provide a solid wall or solid opaque fencing eight feet in height and well maintained along such boundary. Outdoor trash dumpsters shall be concealed within an area by solid opaque fencing, not less than six feet in height. Outdoor lighting shall be directed away from adjacent properties.
(4) 
Banks. Banks and other similar financial offices shall provide sufficient space to accommodate parking, vehicular circulation areas for drive-in tellers, access areas for parking lots separated from drive-in areas, and areas for pedestrian traffic separated from vehicular traffic for safety. Access driveways shall be no more than 25 feet in width. Canopies over drive-through areas shall meet all yard setback requirements.
(5) 
Bed-and-breakfast. A bed-and-breakfast shall be within an owner-occupied dwelling containing not more than three bed-and-breakfast units which are rented on a nightly basis for periods of normally not more than a week. Dining and other facilities shall not be open to the public, but shall be exclusively for the use of the residents and registered guests. Breakfast shall be the only meal served. Two off-street parking spaces shall be provided for each rental unit.
(6) 
Boarding/rooming house. The property shall be limited to providing lodging for not more than four persons, excluding the owner of the property. Off-street parking spaces shall be provided for each person residing therein.
(7) 
Bulk fuel storage. Bulk fuel storage shall be located on a tract of land not less than five acres. Storage tanks shall be located not less than 100 feet from any property line and shall be not less than 500 feet from any dwelling, school, church or similar use. Cylinder filling rooms, pumps, compressors and truck filling stations shall be located 250 feet from all property lines. The tank storage area shall be fenced with an eight-foot high industrial gauge fence. If the storage property abuts on the side or rear property line containing a residence, the fence shall be screened from view by a dense growth of evergreens at least five feet in height at the time of planting. Bulk fuel storage facilities shall be developed in full compliance with all applicable federal, state and insurance regulations.
(8) 
Campgrounds and recreational vehicle parks. The following design standards shall apply to the above uses:
(a) 
Campgrounds and recreational vehicle parks shall require a minimum lot size of not less than 20 acres.
(b) 
The spaces or campsites shall be not less than 35 feet wide or less than 2,400 square feet in area for each vehicle, exclusive of streets and other public areas. The density of the park shall not exceed eight spaces/campsites per acre.
(c) 
Campgrounds and/or recreational vehicle parks must meet all Department of Environmental Protection specifications in regard to toilet facilities, sewage dumping facilities and water facilities.
(d) 
No campsite shall be located within 200 feet of any property line.
(e) 
No permanent structure shall be located within 100 feet of any property line.
(f) 
There shall be one or more recreation areas which shall be easily accessible to all park residents. The size of such recreation area shall be based upon a minimum of 200 square feet per each approved campsite or lot.
(9) 
Cemeteries. The property shall not be less than 10 acres. A structure, grave or place of permanent burial shall be set back not less than 50 feet from the property line. The cemetery shall be enclosed along all boundaries by a fence, wall or shrubbery, or any combination thereof, at least four feet in height. The interior roads shall have a minimum width of 15 feet and shall be properly maintained with either gravel or paving.
(10) 
Club/private lodge. Buildings utilized for such purposes shall not be less than 40 feet from any property line. Where the use abuts on the rear or side lot line of any district with residences as the principal permitted use, a solid wall or solid opaque fencing not less than six feet in height, designed to conceal and screen the use from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties.
(11) 
Commercial communication tower.
(a) 
Structural integrity and safety.
[1] 
A commercial antenna and support structure for a wireless commercial communication site shall be designed and constructed to meet or exceed all applicable standards of the American National Standards Institute, NSI/EPA-222-E Manual, as amended, and also to Federal Aviation Administration standards for marking and lighting requirements of obstructions to air navigation as set within the most recent edition of Advisory Circular AC 70/7460-1H, including any amendments thereto.
[2] 
A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E Manual, as amended, shall be submitted to document and verify the design specifications of the foundation for the commercial antenna and support structure, and anchors for the guy wires, if used.
[3] 
The operational use of a commercial antenna, as so defined within this Ordinance, including those mounted upon a support structure or to an existing structure, shall comply with all applicable rules and regulations of the Federal Communications Commission and the Federal Aviation Administration.
[4] 
The applicant or owner of a commercial antenna and support structure shall provide a design certificate and an operational certificate, prepared by a professional engineer, which certifies compliance with the standards addressed in the above Subsection A(11)(a)[1], [2] and [3]. The design certificate shall be submitted with the zoning application for the proposed commercial antenna and support structure. The operational certificate shall include as-built drawings and written certification from the applicant's professional engineer that all applicable regulations have been met.
(b) 
Height and setback requirements.
[1] 
A commercial antenna, when mounted upon an existing structure, including an existing building, shall not exceed the height of the existing structure by more than eight feet.
[2] 
A commercial antenna and support structure shall be set back from any property line to a distance that is not less than 150% of the height of the antenna and support structure as measured in linear feet.
[3] 
Any building utilized as a component of a commercial enterprise in the collection and/or transmission of telecommunication signals, radio signals, television signals, wireless phone signals or similar signals shall be completely enclosed by a fence eight feet in height, with such building meeting the setback requirements for the zoning district in which it is located.
[4] 
The applicant shall demonstrate, using technological evidence, that the commercial antenna and support structure must be located where it is being proposed and that it represents the minimum height required to function satisfactorily.
[5] 
A commercial antenna and support structure shall be designed with excess capacity beyond the initial intended use in order to encourage secondary users to lease the balance of the capacity at reasonable rates. When a new antenna and support structure is proposed, the applicant must demonstrate that all alternatives to the construction of a new antenna support structure have been exhausted.
[6] 
All commercial antennas that equal or exceed 100 feet in height shall be designed and equipped with warning lights approved by the Federal Aviation Administration.
[7] 
Up to the height of the tallest nearby trees, the commercial antenna and support structure shall be a brownish color, whether painted brown or caused by oxidation or otherwise, to lessen its visual impact. Above that height, it shall be designed in both color and structural configuration to be camouflaged with surrounding trees and vegetation in a manner that will minimize its visual impact.
[8] 
A commercial antenna and support structure or an antenna mounted upon an existing structure shall be removed by the owner of the same within six months of the discontinuance of its use. The owner shall provide Dallas Township with a copy of the notice to the Federal Communications Commission of intent to cease operations. The six-month period for the removal of the antenna and support structure or an antenna mounted upon an existing structure shall commence on the date indicated for ceasing operations.
(c) 
Site plans.
[1] 
A site plan in conformance with the governing standards of the Dallas Township Subdivision and Land Development Ordinance,[1] as amended, shall also be required when the location of a freestanding commercial antenna and support structure represents a described parcel of land subject to a lease within an existing deed of record.
[1]
Editor's Note: See Ch. 77, Subdivision and Land Development.
[2] 
A new site plan shall not be required when a proposed antenna is to be located on an existing freestanding commercial antenna support structure or a public utility transmission tower.
(d) 
Supplemental standards and criteria.
[1] 
The applicant shall demonstrate that the proposed commercial antenna and support structure comply with all applicable state and federal standards.
[2] 
The applicant shall demonstrate that the proposed commercial antenna and its support structure are safe and the surrounding properties will not be negatively affected by support structure failure, falling ice or other debris.
[3] 
All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
[4] 
A commercial antenna and support structure shall be designed with excess capacity beyond the initial intended use in order to encourage secondary users to lease the balance of the capacity at reasonable rates. When a new antenna and support structure are proposed, the applicant must demonstrate that all alternatives to the construction of a new antenna support structure have been exhausted.
[5] 
The commercial antenna and support structure shall be a brownish color (whether painted brown or caused by oxidation or otherwise to lessen its visual impact) up to the height of the tallest nearby trees. Above that height, it shall be painted silver or another color that will minimize its visual impact.
(e) 
Decommissioning and restoration requirements.
[1] 
A commercial communication tower shall be removed from the site upon its cessation of use. The applicant shall include the following information regarding decommissioning and removal of the commercial communications tower and restoring the site:
[a] 
The anticipated and/or estimated life of the project;
[b] 
The estimated decommissioning costs in current dollars;
[c] 
The method and schedule for updating the costs of decommissioning and restoration;
[d] 
The method of ensuring that funds will be available for decommissioning and restoration; and
[e] 
The anticipated manner in which the project will be decommissioned and the site restored.
[2] 
The Board of Supervisors shall require the applicant to provide an appropriate and adequate demolition bond for purposes of removing the commercial communications tower in case the applicant fails to do so as required above. Proof of this bond shall be provided each year and shall be a continuing condition for the life of the project.
[3] 
The sufficiency of the demolition bond shall be confirmed at least every five years by an analysis and report of the cost of removal and property restoration to be performed by a licensed professional engineer, the cost of same to be borne by the applicant. If said analysis and report determine that the amount of the bond in force is insufficient to cover the removal, disposal and restoration costs, the bond shall be increased to the amount necessary to cover such costs within 10 days of the applicant's receipt of such report.
(12) 
Contractors' storage yards. Commercial or industrial uses utilizing outdoor storage space of more than 1,000 square feet shall be located on a tract of land not less than two acres. Supplies stored outdoors shall be neatly arranged, and no required yard setback areas shall be used for storage. There shall be a roadway 14 feet in width provided for every 40 linear 40 feet of stored materials. The roadway shall be kept passable for fire-fighting equipment. Where the operation abuts on the rear or side lot line on the side or rear property line of any district having residences as the principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the outdoor storage areas from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties.
(13) 
Day-care facilities. All day-care facilities shall comply with the following:
(a) 
The applicant or owner shall provide evidence of certification of compliance with all appropriate regulations of any designated state agency whose approval and/or license is required by the laws of the commonwealth.
(b) 
Noise and all other possible disturbing aspects connected with such use shall be controlled to the extent that the operation of such use shall not unduly interfere with the use and enjoyment of properties in the surrounding area.
(c) 
All day-care facilities shall have an outdoor play area which shall be completely enclosed with a fence six feet in height. Outdoor play activities shall be limited to the hours between 10:00 a.m. and 5:00 p.m., local time. The minimum area of said play area shall be 300 square feet or 10 square feet per child, whichever is greater.
(d) 
The applicant shall supply evidence that vehicular traffic congestion will be avoided in pickup and dropoff points utilized in transporting individuals to and from the facility.
(14) 
Detention facility. The following design standards shall apply to any type of institution which meets the definition of a "detention facility" as defined in Article II:
(a) 
A detention facility shall require a minimum lot size of not less than 25 acres.
(b) 
All buildings and secure areas shall not be less than 500 feet from any property line.
(15) 
Dwelling over or attached to a business. A dwelling unit over or attached to business establishments may be permitted, provided that such dwelling is occupied by the owner or manager of such business. Said dwelling unit shall be designed as living quarters with private access, having adequate natural light and kitchen and bathroom facilities. The required off-street parking shall include residence parking spaces in addition to commercial parking spaces as required by Article XI.
(16) 
Entertainment facilities. Entertainment facilities as defined in Article II of this chapter shall provide proper parking areas with vehicular circulation and access designed to minimize any potential traffic congestion. Such facilities shall not be closer than 50 feet from any boundary of a district having residences as a principal permitted use, shall provide adequate screening from any residential district, and shall be conducted entirely within an enclosed structure.
(17) 
Excavation and extraction of minerals, including quarries. Excavation and extraction of minerals, as defined in Article II, shall be considered a temporary use, subject to the following requirements:
(a) 
Project narrative. A written report shall be submitted by the applicant that includes the type of minerals proposed to be excavated, extracted, and/or removed from the site, the volume of such material and the maximum length of time associated with the proposed operation based upon the stated volume of material. Said narrative shall also describe normal, daily operational features performed upon the site, including, but not limited to, proposed hours of operation, anticipated noise levels, and the type and volume of truck traffic to be generated with the proposed traffic routes to and from the site.
(b) 
Map. Submission of a map or maps at a scale of not greater than one inch equals 50 feet that outlines the entire property and the proposed area subject to excavation, extraction, and/or removal of minerals. Said map shall indicate existing contours prior to the start of work, and proposed final contours, including the proposed maximum depth of excavation at all points subject to excavation. Said map or maps shall also contain surface features showing the location of buildings, dwellings, places of worship, schools, railroads, highways and public uses within a distance of 500 feet from the perimeter of the proposed use.
(c) 
Bond, backfilling and fees. The applicant shall provide documentation that all applicable state requirements relative to providing a bond that guarantees the restoration and backfilling of any land proposed to be excavated or otherwise disturbed has been secured.
(d) 
Insurance. A certificate of insurance evidencing that the quarry operator has general liability insurance with limits of $500,000 per accident and $1,000,000 in the aggregate for bodily injury and personal injuries, and $1,000,000 per accident and in the aggregate for property damage, shall be filed with the Board of Supervisors; which certificate shall indicate that Dallas Township is listed as an additional insured on the aforementioned policy for losses arising out of the named insured's operations at the quarry.
(e) 
Distance provisions. The perimeter of any excavation under this section shall not be nearer than 1,000 feet from any building, property line or street, except that owned by the applicant.
(f) 
Timing.
[1] 
If blasting is proposed to be included as part of the excavation/extraction process, such approval must be specifically granted by the Dallas Township Board of Supervisors as an element of the conditional use approval. Blasting, if permitted by the Township Board of Supervisors, shall occur only between the hours of 9:00 a.m. and 4:00 p.m., local time, excluding Saturdays, Sundays and the following holidays:
January 1
Memorial Day
July 4
Labor Day
Thanksgiving
Christmas
[2] 
All blasting shall be in accordance with regulations promulgated by the Pennsylvania Department of Environmental Protection. The applicant shall provide the Township with not less than a 72 hours' advance notice.
(g) 
Location of processing equipment. To reduce airborne dust, dirt and noise, all structures for sorting, crushing, grinding, loading, weighing, washing and other operations shall be not less than 1,000 feet from the right-of-way of any street and/or 1,000 feet from any residential building or the boundary of a residential zoning district.
(h) 
Drainage. All excavations, both during operations and after completion, shall be drained to prevent the formation of pools of water. Adequate measures shall be documented and approved as part of the application process. Said measures shall be implemented prior to any excavation operation.
(i) 
Limitation on land area. At any given time, the active excavation/extraction areas shall not exceed 10 acres in area on any lot or tract of land. Additional areas may be approved on the completion and cessation of previous approvals.
(j) 
Compliance with state requirements. Final and/or unconditional approval for excavation, extraction and/or minerals under the provisions of this chapter shall not be issued until the applicant documents that all required licenses and/or permits have been properly secured from the applicable state and/or federal agencies, including but not limited to the Pennsylvania Department of Environmental Protection.
(18) 
Forestry activities (timber harvesting).
(a) 
In order to preserve forests and the environmental and economic benefits that they provide, it is the policy of Dallas Township to encourage the owners of forest land to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, historical and amenity values. The timber-harvesting regulations set forth in this section are intended to further this policy by:
[1] 
Promoting good forest stewardship;
[2] 
Protecting the rights of adjoining property owners;
[3] 
Minimizing the potential for adverse environmental impacts;
[4] 
Preserving historical and environmentally sensitive areas; and
[5] 
Avoiding unreasonable and unnecessary restrictions on the right to practice forestry.
(b) 
Forestry activities that include timbering operations that exceed five acres shall be conducted in accordance with the following requirements:
[1] 
A zoning permit application shall be submitted to the Dallas Township Zoning Officer prior to harvesting or otherwise removing trees on any tract of land larger than five acres;
[2] 
Prior to the start of operations, a forestry management plan shall be prepared and filed with the submission of the zoning permit application. Said plan shall be prepared by a qualified forester or forest technician, with a four-year degree from an accredited college;
[3] 
The forestry management plan shall be consistent with the timber-harvesting guidelines of the Pennsylvania Forestry Association;
[4] 
Prior to the approval of the zoning permit application, an erosion and sediment control plan shall be submitted by the applicant to the Luzerne County Conservation District for its review, recommendation and approval;
[5] 
Clear cutting shall be prohibited except on tracts of less than five acres;
[6] 
When harvesting or otherwise removing on tracts larger than five acres, at least 30% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed. At least 30% of these residual trees shall be composed of highest value species as determined and documented by the forestry management plan;
[7] 
Clear cutting is prohibited on acres with slopes greater than 15% or within the one-hundred-year floodway.
(19) 
Funeral home. Funeral homes shall accommodate all of the parking areas required as provided in Article XI of this chapter. In addition, sufficient area shall be provided for vehicular circulation on the lot and for the assembly area for the procession beyond the street right-of-way line. Points of vehicular access to the site shall not create traffic hazards on the street. Loading and unloading areas for ambulances and hearses shall be within an enclosed building or shall be screened from view from adjacent properties by a solid wall or solid opaque fencing six feet in height. Outside lighting shall be directed away from adjacent properties.
(20) 
Group residence. Any party wishing to establish and/or operate a group residence, in addition to all other applicable zoning regulations and/or requirements, shall be subject to the following supplemental requirements:
(a) 
The maximum occupancy of a group residence shall not exceed eight persons, excluding staff. The occupancy of said group residence shall be governed by the standards and requirements as provided for within the most recent housing code standards by the governing code as provided for under the Pennsylvania Uniform Construction Code.
(b) 
The group residence shall be under the jurisdictional and regulatory control of a governmental entity (county, state and/or federal).
(c) 
The applicant and/or operator of a group residence shall provide written documentation from the applicable governmental entity which certifies said group residence complies with the location, supervised services, operation, staffing and management of all applicable standards and regulations of the subject governing program.
(d) 
The applicable requirements and standards which govern off-street parking for a single-family dwelling shall also govern for a group residence, however two additional off-street parking spaces shall be provided if there is any required staffing associated with the management and operation of a group residence.
(21) 
Home occupations. A home occupation which is conducted within a dwelling unit or an existing accessory building to the dwelling shall be subject to the following provisions:
(a) 
The occupation shall be carried on wholly indoors within the principal building or within a building accessory thereto.
(b) 
There shall be permitted a sign, not to exceed two square feet in surface area, placed flat against the building as a wall sign, and shall not be permitted above the first story level. No other exterior display or exterior storage of materials or any other exterior indication of the home occupation shall be permitted.
(c) 
There shall be no maintenance of a stock-in-trade or show windows or displays or advertising visible outside the premises.
(d) 
There shall be no repetitive servicing by truck.
(e) 
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
(f) 
The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit, plus not more than two additional employees. Licensed medical practitioners and attorneys may have more than two additional employees, subject to approval by the Zoning Hearing Board.
(g) 
The floor area devoted to a home occupation, regardless of where located on a lot, shall be equivalent to not more than 25% of the floor area of the dwelling unit.
(h) 
Each home occupation shall have off-street parking as indicated below, in addition to that required for the dwelling unit:
[1] 
Four spaces for each physician, dentist, or other licensed medical practitioner.
[2] 
Three spaces for all other home occupations.
(22) 
Industrial activities. In addition to the applicable requirements of this chapter, all industrial activities and uses permitted by right, special exception and/or conditional use shall comply with all regulations governing odors, fumes, dust, smoke, vibration, noise, sewage, industrial waste, fire hazards and any other of the activities and uses with side effects that are deemed injurious to the public health, safety and welfare by the United States Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Labor and Industry. It shall be the responsibility of the applicant to provide the Zoning Officer with a complete listing of all state and federal regulations governing the proposed use and written compliance from the governing agency. All industries are required to supply the Township Emergency Management Agency and the Fire Department with all applicable MSDS sheets, emergency operations and evacuation plans.
(23) 
Junkyards and/or automotive wrecking yards. All new junkyards and automotive wrecking yards, or the proposed expansion of an existing junkyard and automotive wrecking yard, shall comply with the following:
(a) 
Such premises shall at all times be maintained so as not to constitute a nuisance or menace to the health of the community or residents nearby or a place for the breeding of rodents and vermin.
(b) 
Burning of any materials shall be prohibited.
(c) 
No oil, grease, tires or gasoline shall be burned at any time.
(d) 
No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on such premises.
(e) 
Whenever any motor vehicle shall be received on such premises as junk, all gasoline, oil, antifreeze, transmission fluid and/or other toxic fluid or hazardous material shall be drained and/or removed from said vehicles and disposed of in a manner consistent with the applicable rules and regulations of the Pennsylvania Department of Environmental Protection.
(f) 
The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within fireproof sheds.
(g) 
The manner of storage and arrangement of junk and the drainage facilities on the site shall be such as to prevent the accumulation of stagnant water upon the premises. A stormwater drainage plan shall be required.
(h) 
There shall be no stockpiling of motor vehicles or any junk piled higher than four feet.
(i) 
Fire lanes of a minimum width of 20 feet shall be provided for every 40 linear feet of junk, which shall be kept open and unobstructed for proper access for fire-fighting equipment and safety purposes.
(j) 
Junk shall not be stored within 100 feet of any adjoining property line or nearer than 100 feet to any adjoining or abutting street.
(k) 
All junkyards shall be completely screened from view on all sides by a buffer area as so defined in Article II of this chapter. The required fence shall be not closer than 10 feet to any property line.
(l) 
Every structure erected upon the premises and used in connection therewith shall be of fireproof construction.
(m) 
All premises shall, at all times, be maintained so as not to constitute a nuisance, or a menace to the health, safety, and welfare of the community or to the residents nearby, or a place for the breeding of rodents and vermin.
(n) 
Such premises may be open for business or any work in connection with the storage, processing and transportation or removal of junk only on Monday, through Saturday from 8:00 a.m. to 4:00 p.m., local time.
(24) 
Methadone treatment facility.
(a) 
A methadone treatment facility shall be located upon a lot having an area of not less than 30,000 square feet, applicable for either new construction or for adaptive reuse of an existing structure.
(b) 
Any proposed methadone treatment facility shall include with its submission of a zoning permit application, an operational narrative which accurately describes the nature of medical services to be offered and the names of the medical practitioners providing said services. A licensed physician, an MD or a DO, shall be on duty at the facility during the methadone treatment facility's hours of operation.
(c) 
Prior to occupancy, any existing structure proposed for adaptive reuse as a methadone treatment facility shall be brought into compliance with all current building codes and all other applicable Township, county, state and federal regulations.
(d) 
Any methadone treatment facility with direct access and/or frontage along a state legislative route shall include with its submission of a zoning permit application, a traffic impact analysis prepared by a professional licensed engineer with expertise in transportation and traffic planning. Such analysis shall address the following:
[1] 
The number of vehicle trips expected to be generated during an average weekday, including both a.m. and p.m. peak hours of adjacent street traffic.
[2] 
The number and types of vehicles, with an origin or destination at the subject site, the need for which is generated by said use.
[3] 
The routes, roadways or streets to reach the methadone treatment facility.
[4] 
The impact of the levels of service at intersections within 1/2 mile of said methadone treatment facility.
[5] 
Recommended traffic control devices designed to mitigate any documented adverse impact on adjacent roadways.
(e) 
Required off-street parking: 12 spaces for every doctor, licensed medical practitioner, and/or counselor employed at the facility and one additional space for every 100 square feet of gross floor area. All off-street parking areas shall be adequately lighted, with a lighting plan included within the submission of the required site plan.
(25) 
Mobile home parks. The standards and regulations provided herein shall apply to both the development of new mobile home parks and the expansion of existing ones. The development of a mobile home park, including the expansion of an existing one, shall also be deemed as a subdivision or land development and shall be subject to applicable regulations of the Township's Subdivision and Land Development Ordinance.[2] Customary accessory residential uses shall be permitted, along with common areas for use by residents of the mobile home park.
[2]
Editor's Note: See Ch. 77, Subdivision and Land Development.
(26) 
Motels and hotels. Motel and hotel uses shall require a minimum lot size of not less than three acres with a lot width of not less than 200 feet.
(a) 
The hotel/motel shall be serviced by centralized sewage and centralized water.
(b) 
There shall be more than 10 sleeping rooms.
(c) 
Fifty percent or more of the gross floor area shall be devoted to sleeping rooms.
(d) 
There may be club rooms, ballrooms, and common dining facilities.
(e) 
In the case of a corner lot, access drives shall be not less than 80 feet from the intersection of any two streets as measured from the intersection of their right-of-way lines.
(27) 
No-impact home-based business. A no-impact home-based business, as defined in Article II of this chapter, shall be permitted by right in all residential zoning districts and zoning districts in which residences are permitted as a principal permitted use, except that such permission shall not supersede any deed restriction, covenant, or agreement restricting the use of the land, nor any master deed, bylaw, or other document applicable to common interest ownership community. The following standards and criteria shall apply to a no-impact home-based business:
(a) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b) 
The business shall employ no employees other than the family members residing in the dwelling.
(c) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d) 
There shall be no outside appearance of a business, including, but not limited to, parking, signs or lights.
(e) 
The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(f) 
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use in the neighborhood.
(g) 
The business activity shall not occupy more than 25% of the habitable floor area.
(h) 
The business shall not involve any illegal activity.
(28) 
Outdoor fuel-burning furnace. An outdoor fuel-burning furnace shall be deemed to be an accessory structure permitted in all zoning districts, as a special exception use, thereby requiring approval from the Zoning Hearing Board. Said furnaces shall only be located within a rear yard of a property. An outdoor fuel-burning furnace shall comply with the following standards:
(a) 
A safe flue or chimney shall be provided which has a minimum termination height of 25 feet above the natural ground level upon which the furnace is located.
(b) 
A fan or blower attached to the appliance to increase the efficiency of the furnace.
(c) 
An outdoor fuel-burning furnace shall be located not less than 100 feet from any property line and not less than 40 feet from any principal structure or building located upon the property.
(d) 
All outdoor fuel-burning furnaces are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference, together with any amendments or modifications made to them in the future.
(e) 
All outdoor fuel-burning appliances shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated within this section shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.
(f) 
The owner of the outdoor fuel-burning furnace shall produce the manufacturer's instructions for all devices that do not conform to the requirements of this section.
(g) 
All outdoor fuel-burning furnaces may only be utilized for the sole purpose of furnishing heat to a structure or building and/or providing hot water during the time period of October 1 through April 30, and subject to meeting the requirements of this section.
(h) 
No homemade outdoor fuel-burning appliances will be allowed.
(i) 
Only natural wood, coal, heating oil, natural gas, kerosene or wood specifically permitted by the manufacturer in writing may be burned in outdoor furnaces. The burning in outside furnaces of processed wood products and nonwood products, household or other garbage, recyclable material, rubber tires, railroad ties, leaves, laminated wood, wet or soggy wood, painted or treated wood and any item not specifically and in writing permitted by the manufacturer is prohibited.
(j) 
All storage of materials to be burnt in the outdoor fuel-burning furnace shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease-carrying rodents.
(k) 
Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property as long as no accumulation can be seen (for example: spread in a driveway). Any large accumulation of ashes or waste must be disposed of weekly with the owner's trash.
(29) 
Place of worship. A parking area shall accommodate all parking spaces as required in Article XI of this chapter. Access driveways shall be not greater than 25 feet in width. In the case of a corner lot, access driveways shall be not less than 60 feet from the intersection of the two streets, as measured from the intersection of their right-of-way lines.
(30) 
Public recreational facilities (outdoors). All such facilities shall conform to the following regulations:
(a) 
No outdoor recreation activity, excluding trails and nature paths, shall be conducted closer than 35 feet to any property line.
(b) 
Storm drainage from the site shall be channeled to natural drainagecourses and away from adjoining properties.
(31) 
Public uses.
(a) 
Municipal, police and fire buildings. Where the parking area abuts the side or rear property lines of an adjoining residential use, a fence being not less than six feet in height along with a planting of shrubbery or evergreen trees shall be provided.
(32) 
Public utility buildings and structures. Public utility facilities as defined in Article II shall conform to the following regulations for properties containing such uses:
(a) 
Access and parking shall be provided only in relationship to the maintenance and servicing of such facilities.
(b) 
A chain-link fence and locked gate eight feet in height shall surround the building or structures of such facilities.
(c) 
Outside lighting shall be directed away from adjacent properties.
(d) 
The location, design and operation of such facilities shall not adversely affect the character of any adjacent residential properties.
(e) 
A buffer area not less than 10 feet in depth and comprised of trees and/or shrubs designed to conceal such buildings or structures of such facilities shall be required.
(33) 
Restaurants and taverns. Access drives shall not exceed 25 feet in width and for those establishments located on a corner lot, no access drive shall be located less than 60 feet from an intersection, as measured from the right-of-way lines, from the intersection of the two abutting streets. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties.
(34) 
Restaurant, fast-food. Access drives shall not exceed 25 feet in width, and for those establishments located on a corner lot, no access drive shall be located less than 60 feet from an intersection, as measured from the right-of-way lines, from the intersection of the two abutting streets. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes. Lanes shall not cross any principal pedestrian access to the building or site. To avoid internal traffic congestion, the site layout shall provide a minimum queuing distance of 150 feet for vehicles between start of lane and service window and a minimum queuing distance of 50 feet from start of lane to order.
(35) 
Riparian buffer. In all zoning districts, a minimum setback of 100 feet from any natural watercourse (as defined in Article II) shall be required for any form of development and/or improvements.
(36) 
Sexually oriented business. As used in this section, the following terms shall have the meanings indicated:
MASSAGE PARLOR
An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
SEXUALLY ORIENTED BOOKSTORE
An establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
SEXUALLY ORIENTED ENTERTAINMENT
A nightclub, bar, restaurant, club or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS
As used above within the definitions of "sexually oriented bookstore" and "sexually oriented entertainment" means and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
As used above within the definitions of "sexually oriented bookstore" and "sexually oriented entertainment" means and includes any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth as a "sexually oriented business."
(37) 
Single residential structures containing multifamily dwelling units. Such structures shall contain a lot area of not less than 2,500 square feet for each dwelling. A minimum lot width of not less than 100 feet shall be required. Each side yard shall have a setback of not less than 15 feet.
(38) 
Small wind energy conversion system (small WECS).
(a) 
Design and installation.
[1] 
Design safety certification. The design of a small WECS shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.
[2] 
All components of a small WECS shall be designed and constructed to be in compliance with pertinent provisions of the Pennsylvania Uniform Construction Code Uniform Building Code.
[3] 
Controls and brakes. A small WECS shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
[4] 
Electrical components.
[a] 
All electrical components of a small WECS shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards.
[b] 
The maximum turbine power output shall be limited to 10 KW.
[c] 
All on-site electrical wiring associated with the system shall be installed underground except for tie-ins to a public utility company and public utility company transmission poles, towers and lines.
[d] 
A small WECS shall not cause disruption of or loss of radio, telephone, television or similar signals, and shall be required to mitigate any harm caused by the operation of the system.
[e] 
At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, or generator where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.
[f] 
Anchor points for any guy wires for a small WECS shall be located within the property that the system is located on and not on or across any above ground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground.
(b) 
Visual appearance.
[1] 
A visual analysis of a small WECS as intended to be installed shall be provided with conditional use. The visual analysis shall include a computerized photographic simulation demonstrating the visual impacts from nearby strategic vantage points.
[2] 
Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.
[3] 
A small WECS's tower and blades shall be painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate nonreflective surfaces to minimize any visual disruption.
[4] 
A small WECS shall be designed and located in such a manner as to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails). To the greatest extent feasible, the system:
[a] 
Shall not project above the top of ridgelines.
[b] 
Shall be screened to the maximum extent feasible by natural vegetation or other means to minimize potentially significant adverse visual impacts on neighboring residential areas.
(c) 
Lot size, setback and height requirements.
[1] 
A small WECS shall be located on a lot with a minimum size of not less than one acre.
[2] 
The maximum turbine height for a small WECS shall be as follows:
[a] 
Sixty-five feet or less on parcels between one and five acres.
[b] 
Eighty feet or less on parcels of five or more acres.
[3] 
Setback requirements. A small WECS shall not be located closer to a property line than 2.5 times the turbine height as measured from the center of the base and/or concrete pad to which it is attached.
[4] 
Only one small WECS per legal lot shall be allowed.
(d) 
Climb prevention/locks.
[1] 
Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
[a] 
Tower-climbing apparatus located no closer than 15 feet from the ground.
[b] 
A locked anti-climb device installed on the tower.
[2] 
A locked, protective fence at least six feet in height shall enclose the tower and electrical equipment to prevent entry by nonauthorized persons.
(e) 
Noise and shadow flicker.
[1] 
Audible sound from a small WECS shall not exceed 50 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from the operations of a small WECS shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1-1989 titled "Procedures for the Measurement and Reporting of the Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."
[2] 
Reasonable efforts shall be made to preclude shadow flicker to any occupied building on a nonparticipating landowner's property.
(f) 
Abandonment. A small WECS which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.
(39) 
Solid waste facility. A solid waste facility shall conclusively demonstrate conformance to all of the following items:
(a) 
The applicant shall provide a comprehensive soil analysis and groundwater report which shall conclusively demonstrate that the proposed design, construction and operation of the solid waste facility shall not pollute surface water or groundwater, nor otherwise cause any potential health or environmental hazard. Said report shall be jointly signed and certified by the applicant and the consultant who prepares the report, attesting to the accuracy of information and the validity of said report.
(b) 
The applicant shall sign an agreement prepared by the Township Solicitor, prior to final approval of the application for a conditional use permit, which shall specify all the terms and conditions of approval, including the Township's authority to revoke the permit for the violation of any terms and/or conditions under which the application was approved. Prior to formal action to revoke the conditional use permit, the Board of Supervisors shall convene a public hearing, pursuant to public notice, to consider testimony and evidence relative to the alleged violations. Based upon the testimony and evidence provided, the Board of Supervisors shall render a decision.
(c) 
The land area and/or parcel of land on which the solid waste facility is located shall not exceed 25 acres, whether developed initially or cumulatively.
(d) 
The applicant of a proposed solid waste facility shall provide conclusive evidence, based upon a mining report, soil analysis, test borings and any other appropriate technical data which conclusively demonstrates that the subsurface conditions beneath any area to be utilized as a landfill is capable of sustaining the bearing load of projected and/or planned quantity of material to be deposited and/or disposed of upon the site. The applicant and the person, party or firm providing such evidence shall jointly sign and certify the accuracy and validity of the information and data which is provided as conclusive evidence.
(e) 
Any application for a conditional use permit for a solid waste facility, which includes the operation of a landfill, shall include a proposed reuse of the property and/or area utilized as a landfill upon the cessation of landfill activities. The proposed reuse of the property shall not be inconsistent with the community development objectives of this chapter and land uses, existing and planned, on property which adjoins the site of the facility.
(f) 
The applicant shall be required to create an escrow fund to finance the proposed and planned reuse and development of any area utilized as a landfill based upon the projected life expectancy of any area within the solid waste facility which is utilized as a landfill. Such fund shall be funded while the property is still being used for a landfill with annual increment payments. The annual increment payment shall be based upon the estimated cost of the proposed reuse of the site divided by the number of years which the landfill is expected to operate. Such fund shall be separate and distinct from any funding and/or bonding requirement pursuant to closure activities.
(g) 
A solid waste facility may conduct and operate all approved functional aspects within the facility from the hours of 7:00 a.m. to 4:00 p.m. from Monday through Friday. Said facility shall not conduct and/or operate any approved functional aspects associated with the facility on Saturdays, Sundays and all legally recognized holidays by the federal government and/or the Commonwealth of Pennsylvania.
(h) 
The entire site of a solid waste facility shall be enclosed with industrial type gauge fencing which shall be 10 feet in height. All gates shall be closed and locked at the end of business hours. There shall be no advertising of any kind displayed upon the fence.
(i) 
No operations and/or activities permitted within a solid waste facility shall be permitted within 1,000 feet of any property line boundary.
(j) 
All solid waste facilities and staging areas which store the solid waste at any stage prior to disposal at an approved facility shall maintain the aforesaid solid waste within a completely enclosed building. Storage of materials, supplies or solid waste in motor vehicles, trucks, trailers or other containers normally used to transport the materials shall not be permitted unless the aforesaid motor vehicles, trucks, trailers or other containers shall be stored within a completely enclosed building.
(k) 
A solid waste facility shall provide for treatment and disposal of all liquid effluent and discharges generated by the facility due to the storage, washing or other process used in treating and/or processing the solid waste. Any water discharged from the facility after being treated by the wastewater treatment system shall meet all applicable regulations and requirements of the Pennsylvania Department of Environmental Protection.
(l) 
All stormwater collected on the site shall be treated by the facility's wastewater treatment system. Parking of motor vehicles containing solid waste or motor vehicles which have not been properly cleaned and washed shall only be permitted in completely enclosed buildings, handling areas or parking areas in which containment of spillage, leakage or other contaminants is provided.
(m) 
The owner and/or operator of any solid waste facility shall be required to monitor the groundwater and surface water in the vicinity of the facility. Water testing shall be conducted every three months on any stream within 500 feet of any areas used for the storage or disposal of solid waste, if water drainage from the facility is discharged into said stream. For each testing period two testing samples shall be collected: one sample shall be taken from the stream at a point upstream of the facility drainage area and one sample shall be taken from the stream at a point below the facility drainage area. In addition, the well location, if applicable, located on the premises shall also be sampled every three months. All water samples shall be collected and analyzed by an independent party which is a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Board of Supervisors, and the results shall be provided to the Township. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the facility shall immediately cease operation until such time as the source of the contamination has been identified and totally corrected.
(n) 
(Reserved)
(o) 
The area or areas upon which any permitted operations and/or activities within a solid waste facility are conducted shall be entirely screened. Such screening shall consist of a variety of evergreen trees, approved by the Board of Supervisors, planted not more than six feet apart and being not less than eight feet in height at the time of planting. Said screening shall be located not greater than 300 feet from the operations and/or activities which are subject to being screened. The applicant and/or operator of the facility shall be responsible to maintain such screening, including the replacement of any trees which are damaged, die or otherwise fail to grow.
(p) 
The applicant shall provide a detailed narrative which fully describes the daily operations of all permitted functions and activities within the proposed solid waste facility, including the projected daily volume and tonnage of refuse being accepted for processing and/or disposal.
(q) 
The applicant shall submit to the Board of Supervisors, a copy of its commercial policy of liability insurance covering third party claims for property damage and personal injury.
(r) 
Vehicular access for ingress, egress and regress to a solid waste facility shall be solely limited to private access roads. Such private access roads shall only have access to a state legislative route with no permitted access to or from any local streets and/or roads.
(s) 
The owner and/or operator of a solid waste facility shall provide an emergency response plan to address potential hazards associated with its operations. Said plan shall be submitted for review and comment to the local fire companies which serve Dallas Township.
(t) 
Any solid waste facility which processes sludge, prior to its final disposal, shall be designed to include a liner in accordance with the applicable standards of the Department of Environmental Protection for the liner within a proposed landfill.
(u) 
Any solid waste facility which includes incineration shall be designed and operated in a manner to limit emissions by not less than 10% below the applicable allowable emission standards of the Pennsylvania Department of Environmental Protection or the United States Environmental Protection Agency, based upon the more restrictive regulations for reducing and/or limiting air pollution. Any emissions stack or similar structure shall not exceed 100 feet in height.
(v) 
The applicant shall, in addition to other required information and data, provide an impact analysis that addresses the impact of the proposed operation and activities of a solid waste facility in relationship to the following items:
[1] 
All streets and roads which shall and/or are likely to be utilized for means of access to and from the site, including projected truck traffic which shall be generated in relationship to the projected daily volume of waste being transported to the solid waste facility.
[2] 
The suitability of the site for the proposed operations and activities of the solid waste facility in relationship to the soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features which are located both on-site and off-site of the facility.
[3] 
The impact, both on-site and off-site, of the proposed operations and activities of the solid waste facility on the soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features regarding the degree to which these are protected or destroyed, the tolerance of these resources to the proposed development and any adverse environmental impacts.
[4] 
The impact of the proposed operations and activities of the solid waste facility upon any locations or structures of historical and/or cultural significance within 3,000 feet of any property line of the facility.
(40) 
Townhouses. Townhouses which are not being developed as part of a planned residential development, shall be subject to the following provisions and all applicable provisions of the Dallas Township Subdivision and Land Development Ordinance:
(a) 
Minimum lot size for the development of townhouses shall be four acres.
(b) 
Minimum lot width shall be 200 feet.
(c) 
Maximum percentage of building coverage on a lot per dwelling unit, exclusive of common or public open areas, shall be 40%.
(d) 
Minimum lot width per dwelling unit shall be not less than 25 feet.
(e) 
Minimum lot depth per dwelling unit shall be not less than 100 feet.
(f) 
Minimum lot area per dwelling unit shall be not less than 2,500 square feet.
(g) 
Minimum front yard setback shall be not less than 30 feet.
(h) 
No side yard setbacks shall be required for attached interior townhouse units. A minimum side yard setback of not less than 15 feet shall be required only at the ends of the rows of townhouses.
(i) 
Minimum rear yard setback shall be not less than 30 feet.
(j) 
Minimum width of each dwelling unit shall be not less than 20 feet.
(k) 
Maximum building height shall be 2 1/2 stories or 35 feet.
(l) 
Minimum distance between principal structures shall be not less than 30 feet.
(m) 
Minimum front yard setback for off-street parking areas shall be not less than 10 feet.
(n) 
Minimum rear yard setbacks for off-street parking areas shall be not less than 15 feet.
(o) 
Two off-street parking spaces shall be provided for each dwelling unit.
(p) 
Unattached accessory structures, such as pools, garages, carports and sheds, shall be prohibited in the front yard. Unattached accessory structures located in the side or rear yard shall have not less than five feet side and rear yard setbacks. Attached accessory structures shall have the same setbacks as required for principal structures.
(41) 
Trucking facilities. The property shall not be less than three acres in area. Access drives shall be no more than 25 feet in width; parking and loading areas shall conform to the regulations within Article XI. No truck parking or terminal operation shall be allowed within 100 feet of any lot line. Outside lighting shall be directed away from adjacent properties.
(42) 
Warehouse and distribution facilities. All materials shall be stored within a completely enclosed building, and yard areas shall be kept clear of junk, trash or other types of debris. Access drives shall not exceed 25 feet in width; parking and loading areas shall conform to the regulations of Article XI of this chapter. No warehouse activities, including parking and/or loading areas, shall be allowed within 50 feet of any property line.
(43) 
Warehouse (self-storage). These facilities may be a building or group of buildings in a controlled-access and fenced compound, containing varying sizes of individual compartmentalized and controlled-access stalls or lockers for dead storage of customers' goods and personal property, with storage space available for rental to the general public. All storage shall be contained within a completely enclosed building or buildings. There shall be a minimum spacing of 25 feet between buildings for traffic circulation, parking and fire lane purposes. All outside lighting shall be directed away from adjacent properties.
(44) 
Wind energy facility.
(a) 
Information to be submitted. The applicant for a wind energy facility shall be required to submit the following information:
[1] 
The applicant and landowner's name and contact information.
[2] 
The Tax Map numbers, existing use and acreage of the site parcel.
[3] 
A copy of the deed to the property.
[4] 
A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the generating capacity of the wind energy facility; the number, representative types and height of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
[5] 
A survey map at an appropriate scale showing the proposed location of the wind energy facility (including access roads) as it relates to the boundaries of the parcel, adjacent ownerships and existing residences, schools, churches, hospitals, libraries, federal, state, county or local parks, and recognized historic or heritage sites within a distance of 2,000 feet or less from any property boundary.
[6] 
Standard drawings of the wind turbine structure, including the tower, base and footings, drawings of access roads, and including an engineering analysis and certification of the wind turbine, showing compliance with the applicable building code.
[7] 
The make, model, picture and manufacturer's specifications, including noise decibels. Data pertaining to the wind turbine's safety and stability, including safety results from test facilities. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar certifying organizations.
[8] 
A completed environmental impact statement in accordance with § 95-55 of this chapter.
[9] 
A project visibility map, based on a digital elevation model, showing the impact of topography upon visibility of the project from other locations, to a radius of three miles from the center of the project. The scale used shall depict the three-mile radius as no smaller than six inches, and the base map used shall be a published topographic map showing man-made features, such as roads and buildings.
[10] 
No fewer than four, and no more than the number of proposed individual wind turbines, plus three color photos, no smaller than eight inches by 10 inches, taken from locations within a three-mile radius from the site and to be selected by the Township Council, and computer-enhanced to simulate the appearance of the as-built site facilities as they would appear from these locations.
[11] 
Copies of all proposed leases required to be secured by the applicant shall be provided if the applicant is not the sole owner of the parcel or parcels on which the wind energy facility is proposed to be constructed. Boundaries of said leases shall be clearly illustrated upon the site plan.
[12] 
Copies of all easements, existing and proposed, upon the site shall be provided by the applicant. Said easements shall be clearly illustrated upon the site plan.
[13] 
Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located, including the name and mailing address of the owners of record.
(b) 
Approval standards. In addition to all other applicable criteria and requirements for approval of a conditional use as set forth in §§ 95-53 and 95-55 of this chapter, the following standards shall apply:
[1] 
The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.
[2] 
To limit unauthorized access, a fence eight feet high with a locking portal shall be placed around the base of the tower of a wind turbine. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
[a] 
Tower-climbing apparatus located no closer than 15 feet from the ground.
[b] 
A locked anti-climb device installed on the tower.
[3] 
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority.
[4] 
All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
[5] 
All power transmission lines from a wind turbine to on-site substations shall be underground.
[6] 
Prior to issuance of a building permit, the applicant shall provide the Township proof of a level of insurance to be determined by the Township Council in consultation with the Township's insurer, to cover damage or injury that might result from the failure of a tower or towers of a wind turbine or any other part or parts of the generation and transmission facility. Said insurance must be maintained for the life of the wind energy facility, until such time that all components of the wind energy facility are decommissioned and/or removed.
[7] 
Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign containing emergency contact information, including a local telephone number with twenty-four-hour coverage, seven days a week, shall be posted on the entry area of fence around each wind turbine or group of towers and any building.
[8] 
Any wind energy facility found to be unsafe by the local enforcement officer or agent of the Township shall be repaired by the owner to meet federal, state and local safety standards or removed within six months. If any wind energy facility is not operated for a continuous period of 12 months, the Township will notify the landowner by registered mail and provide 45 days for a response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the Township deems the timetable for corrective action as unreasonable, it must notify the landowner and such landowner shall remove the turbine within 120 days of receipt of notice from the Township.
[9] 
The owner of a wind energy facility shall have it inspected at least every two years for structural and operational integrity by a licensed professional engineer and shall submit a copy of the inspection report to the Township. If such report recommends that repairs or maintenance are to be conducted, the owner shall provide written to the Township with a written schedule for the repairs or maintenance.
[10] 
A wind energy facility shall comply with all applicable provision under the Pennsylvania Uniform Construction Code and shall secure a building permit from Dallas Township.
(c) 
Siting and installation. A wind energy facility shall:
[1] 
Use existing roads to provide access to the facility site, or if new roads are needed, minimize the amount of land used for new roads and locate them so as to minimize adverse environmental impacts.
[2] 
Combine transmission lines and points of connection to local distribution lines.
[3] 
Connect the facility to existing substations, or if new substations are needed, minimize the number of new substations.
[4] 
All wiring between wind turbines and the wind energy facility substation shall be underground.
[5] 
The wind power generation facility, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's then current service regulations applicable to wind power generation facilities and shall provide evidence of a signed interconnection agreement, or letter of intent, with the interconnecting utility company.
(d) 
Setbacks.
[1] 
The minimum setback distance between each wind turbine and overhead utility or transmission lines, other wind turbine, electrical substations, meteorological towers, and public roads shall be equal to no less than 1.1 times the sum of proposed structure height plus the rotor radius.
[2] 
The minimum setback distance for each wind turbine to any property line shall be not less than 1,500 feet.
[3] 
The minimum setback distance for each wind turbine to off-site structures shall be not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of an off-site structures or 1,500 feet, whichever is greater.
[4] 
All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
[5] 
Each wind turbine shall be set back from the nearest aboveground public electric power line or telephone line a distance no less than 1.1 times its total height, determined from the existing power line or telephone line.
(e) 
Nuisance issues.
[1] 
Individual wind turbines shall be located so that the level of noise produced by wind turbine operation shall not exceed 50 dBA, measured at all points of the site's property line. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 — 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."
[2] 
No individual wind turbine shall be installed in any location where its proximity to fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or other personal communications systems would produce electromagnetic interference with signal transmission or reception.
[3] 
Reasonable efforts shall be made to preclude shadow flicker to any building on a nonparticipating landowner's property.
(f) 
Environmental and visual.
[1] 
Wind energy facilities shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.
[2] 
The design of the wind turbines, buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
[3] 
Where wind characteristics permit, wind turbines shall be set back from the tops of visually prominent ridgelines to minimize the visual contrast from any public access.
[4] 
The maximum turbine height, as so defined in this chapter, shall not exceed 350 feet.
[5] 
Wind turbines shall be designed and located to minimize adverse visual impacts from neighboring residential areas, to the greatest extent feasible.
[6] 
Avoid, to the extent practicable, the creation of artificial habitat for raptors or raptor prey, such as: electrical equipment boxes on or near the ground that can provide shelter and warmth; horizontal perching opportunities on the towers or related structures; or soil where weeds can accumulate.
[7] 
A wind turbine shall be set back at least 1,500 feet from any bodies of water, including but not limited to lakes, ponds, streams, creeks and rivers. The above setback distance may be altered based upon the findings under § 95-55, Environmental impact statement, of this chapter.
[8] 
All reasonable efforts shall be made to avoid development of sites which contain wetlands. Wind turbine shall be set back of not less than 1.1 times the turbine height from identified wetlands and its delineated boundaries. The above setback distance may be altered based upon the findings under § 95-55, Environmental impact statement, of this chapter.
[9] 
Wind energy facilities shall provide conclusive documentation that the location and operation of the proposed facility will not adversely affect the wildlife habitat, including but not limited to bats and birds of the region and associated migration routes. Comments from any state and/or federal agency having a jurisdictional review or stewardship over the protection of wildlife shall be required.
(45) 
Road-intensive uses.
(a) 
The following conditional uses shall be classified as "road-intensive uses":
[1] 
Ancillary facilities of oil or gas development.
[2] 
Hydraulic fracturing water treatment facility.
[3] 
Hydraulic fracturing water withdrawal facility.
[4] 
Oil or gas compressor station.
[5] 
Oil or gas well site.
[6] 
Forestry activities that includes timbering operations.
[7] 
Solid waste facilities.
(b) 
Any party that owns, operates, manages or otherwise controls a road-intensive use shall be designated a "road-intensive use operator."
(c) 
The operator of a road-intensive use, and its successors and assigns, shall be liable for the full and complete repair and restoration of all damages of whatever nature to all Township roads directly caused by truck hauling from the road-intensive use in excess of any usual and customary damage attributable to normal and general vehicular use. Notwithstanding the provisions contained herein relating to an excess maintenance agreement and the bonding of the road-intensive use operator's performance thereof, should the road-intensive use operator, its successors and assigns, fail to repair and restore fully and completely such road repair and restoration of damages to Township roads attributable to the road-intensive use, the Township reserves the right to proceed against the operator, its successors and assigns, by the commencement of an action in law or equity seeking payment of the entire cost of such repair and restoration of road damage, including, but not limited to, all costs of suit and reasonable attorney fees.
(d) 
The road-intensive use operator shall disclose the proposed routes of all trucks and other heavy equipment to be utilized for the road-intensive use and the estimated weights of those trucks and/or heavy equipment associated with such activity. The Township reserves the right to designate alternate routes in the event that the road-intensive use operator's proposed routes are determined by the Township Engineer to be inadequate, unsafe, or overly disruptive to normal vehicular traffic.
(e) 
Before the commencement of any road-intensive use, the road-intensive use operator shall conduct an on-site inspection of all Township roads to be utilized for truck hauling to and from the road-intensive use. Upon the basis of the inspection, the Township Engineer and the road-intensive use operator shall prepare a detailed report documenting the existing structural condition of the road. Photographs and video tapes will be taken to substantiate the report. Copies of the inspection report, photographs, and/or video tapes will be made available to the road-intensive use operator and the Township.
(f) 
The road-intensive use operator shall plan or design all proposed hauling routes to minimize the use and impact of such truck hauling upon Township roads wherever feasible.
(g) 
The road-intensive use operator shall produce evidence satisfactory to the Township Engineer that all intersections along proposed hauling routes provide a sufficient turning radius for trucks to be utilized for hauling so that all turns can be safely made without damage to vehicles, sidewalks, curbs or surrounding property.
(h) 
All Township roads used by the road-intensive use operator for truck and/or equipment hauling for the road-intensive use will be kept and restored to the same or similar condition during and after such activity. Accordingly, prior to any road-intensive use, the Township and the road-intensive use operator shall enter into an excess maintenance agreement, in a form acceptable to the Township, in order to guarantee the repair and the restoration of any Township road(s), which may be determined in the reasonable professional opinion of the Township Engineer founded, in whole or in part, on the inspection report and the graphic documents in support of the inspection report, to be subject to damage as a result of and in the course of traffic generated by truck and/or equipment hauling from such activity. In the excess maintenance agreement, the road-intensive use operator must assume explicitly its responsibility to repair and restore any Township road determined to be damaged as a result of traffic generated by truck and/or equipment hauling from the road-intensive use and in excess of the usual and customary extent due to general vehicular use. The reasonable professional opinion of the Township Engineer as to damage(s) shall prevail hereunder.
(i) 
In addition to the aforesaid excess maintenance agreement and to secure the performance thereof, the operator shall post a bond or other financial security in favor of the Township and in a form acceptable to the Township. The principal of the bond shall be determined by the Township Engineer acting on behalf of the Township. The bond to be posted by the operator may be in a principal sum in excess of otherwise applicable PADOT limits when the Township Engineer has reasonably estimated that the cost of the repair and restoration of Township roads will exceed the prevailing PADOT bonding limits.
(j) 
The road-intensive use operator is responsible for the satisfactory and complete repair and restoration of damaged roads, as above determined, before the excess maintenance agreement can be terminated and the security released.
(k) 
Notwithstanding any other provision herein set forth, the road-intensive use operator shall, at all times, utilize the Township roads only in a manner that permits unobstructed and safe passage for other members of the traveling public. The road-intensive use operator shall covenant in the excess maintenance agreement to make immediate repair of any conditions on the road attributable to its use for truck hauling to and from a road-intensive use which restricts use of the road by the traveling public or causes or contributes to an unsafe condition, including the removal of mud and dirt from the road.
(l) 
Where truck traffic generated by a road-intensive use exceeds five trips per hour within 200 feet of a school bus stop, the road-intensive use operator will provide flagmen to ensure the safety of children waiting for or leaving school buses.
(m) 
All roads and accessways shall be gated in a manner deemed consistent with residential architecture at the entrance to prevent illegal access. An address shall be clearly visible on the access gate for emergency response purposes. In addition, the sign shall include the name of the applicant and the telephone number for a person responsible who may be contacted in case of emergency.
(n) 
Access of road-intensive use roads directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at a road-intensive use, the Township shall be provided a copy of the highway occupancy permit.
(46) 
Oil or gas operations.
(a) 
Oil or gas development, as defined in Article II of this chapter, shall be permitted only in those districts as listed in the district regulations under Article V. In addition to other applicable standards of this chapter, this Subsection shall apply to oil or gas development to the extent that such regulations are not in conflict with or preempted by the state's Oil and Gas Act or other federal or state legislation. The horizontal capture of natural gas under the surface of a property where no surface disturbance is involved is exempt from regulation by this Zoning Chapter.
(b) 
For Subsection A(47), (48), (49), (50) and (51), including all subsections thereunder, the term "applicant" shall mean any person, owner, oil or gas well operator, oil or gas well owner, partnership, company, corporation and its subcontractors and agents who has an interest in real estate to be used for the purpose of exploring or drilling for, producing, or transporting oil or gas or who has an ownership interest in a business engaged in exploring or drilling for, producing, or transporting oil or gas.
(47) 
Oil or gas well sites. Oil or gas well sites shall be classified as a conditional use in the A-1 Agricultural Zoning District. Any applicant desiring to construct or operate an oil or gas well site shall submit a conditional use application and plan in accordance with the provisions of §§ 95-52 and 95-55 of this chapter. The following supplemental information and substantive requirements shall apply and be the responsibility of the applicant:
(a) 
Information.
[1] 
The name and address of the mineral and royalty owner(s), a copy of the oil or gas lease, excluding or redacting any financial information, and any drilling permits issued by the Commonwealth of Pennsylvania, or the application, if a state permit has not yet been issued, shall be attached.
[2] 
A site plan which complies with the provisions and requirements of §§ 95-52 and 95-55 of this chapter.
[3] 
The names and addresses of all applicants, including the name and telephone number of a local representative.
[4] 
The exact and final legal description and location on a map with a scale of not greater than one inch equals 50 feet of a proposed oil or gas well site and verification that the site is not located in or within a wetland or floodplain;
[5] 
The name and mailing address of each property owner of all property within 2,000 feet of any boundary of a proposed oil or gas well site. For informational purposes, the applicant shall provide verification that all of the above-referenced property owners have been notified in writing of the proposed drilling activity not less than 15 days following the submission of the conditional use application, and further notified 45 days before drilling commences.
[6] 
The anticipated construction start and completion date of each phase of oil or gas development that will occur upon the property.
(b) 
Dimensional, setback, height and buffer requirements.
[1] 
A minimum parcel size of 10 acres shall be required for an oil or gas well site.
[2] 
A minimum setback of not less than 200 feet shall be maintained between any oil or gas well and adjoining properties lines, public road rights-of-way and existing water well. The setback distances to any of the above facilities shall in no event be less than the minimum permissible distance under the Oil and Gas Act, including any subsequent amendments to said Act. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with the oil or gas development except for crossing of access roads.
[3] 
A minimum setback distance of not less than 100 feet shall be maintained between any disturbed area associated with any oil or gas well site measured horizontally and any stream, spring or body of water as identified on the most current 7.5 minute topographic quadrangle map of the United States Geological Survey or within 100 feet of any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. The setback distances to any of the above environmental features shall in no event be less than the minimum permissible distance under the Oil and Gas Act, including any subsequent amendments to said Act.
[4] 
A minimum distance of not less than 3,000 feet shall be maintained between any oil or gas well site and any protected use or protected structure with the exception of a public or private school which shall require a minimum distance of 5,000 feet. Measurements for the aforementioned distances shall be taken and based upon the linear distances from all property boundary lines of an oil or gas well site to the nearest property boundary line of a protected use, a protected structure or a school.
[5] 
A minimum distance of not less than 500 feet shall be maintained between any oil or gas well site and any dwelling unit. Measurements for the aforementioned distances shall be taken and based upon the linear distances from all property boundary lines of an oil or gas well site to the nearest property boundary line of a property which contains a dwelling unit.
[6] 
Required buffer. A buffer area, as defined in Article II, not less than 75 feet shall be provided along all property lines. The Board of Supervisors may take into consideration the topographic features and existing natural vegetation which may provide natural buffering to adjoining areas. Buffer areas shall be considered improvements for the purposes of guaranteeing installation in accordance with the requirements for land developments in the Dallas Township Subdivision and Land Development Ordinance.[3] It shall be the responsibility of the applicant to maintain all buffer areas in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.
[3]
Editor's Note: See Ch. 77, Subdivision and Land Development.
[7] 
Height. The height of a drilling rig and other temporary facilities on site shall be exempt from the height limits in this chapter. Permanent structures, whether principal or accessory, shall comply with the height limitations applicable to the underlying zoning district.
[8] 
Multiple wells. Multiple oil or gas wells may be approved on one oil or gas well pad. A separate application and zoning approval shall be required for each oil or gas well.
[9] 
Floodplains. An oil or gas well shall not be permitted within any one-hundred-year floodplain as identified in the most recent Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for the Township as prepared and approved by Federal Emergency Management Agency (FEMA).
(c) 
Land development approval. Approval of a land development plan in accordance with the terms, standards and procedures as set forth in the Dallas Township Subdivision and Land Development Ordinance shall be required.
(d) 
Stormwater Management Ordinance. Approval of a stormwater management permit shall be required for any earth disturbance in accordance with the standards and provisions of the Dallas Township Stormwater Management Ordinance,[4] the Toby's Creek Stormwater Management Ordinance and the Bowman's Creek Stormwater Management Ordinance.
[4]
Editor's Note: See Ch. 72, Stormwater Management.
(e) 
Soil erosion and sedimentation control plan. Documentation of an approved Soil Erosion and Sedimentation Control Plan by the Luzerne County Conservation District or the Pennsylvania Department of Environmental Protection and implementation of the same shall be provided prior to and during any grading and/or earth disturbance.
(f) 
Parking and staging areas.
[1] 
The required amount of on-street vehicle parking shall be equal to not less than 75% of the maximum number of the applicant's employees, subcontractors, and agents working and/or residing on the property at any given time during the construction of a well.
[2] 
Unless stated otherwise, said parking areas shall comply with all applicable standards of Article XI.
[3] 
All vehicle parking areas and staging areas shall be setback not less than 200 feet from any property line.
[4] 
A minimum setback distance of not less than 100 feet shall be maintained between any disturbed area associated with any oil or gas well site measured horizontally and any stream, spring or body of water as identified on the most current 7.5 minute topographic quadrangle map of the United States Geological Survey or within 100 feet of any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply.
[5] 
No vehicles shall be parked or staged on any public road right-of-way or be permitted to back into or out of the public right-of-way.
(g) 
State, federal and local compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.
(h) 
Access roads. Access to any oil or gas well site shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply:
[1] 
Any newly established private easements/roadways constructed on the parcel shall be located at least 100 feet from any property line, except as to the property line crossed to establish the point of ingress/egress.
[2] 
Any access road beginning with its intersection with a public right-of-way shall be paved for the first 100 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or access way is less than 200 feet in length, the entire access road or access way shall be paved. Compliance with above requirements must occur prior to the use of the access road.
[3] 
All roads and accessways 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, and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement.
(i) 
Noise. The applicant shall take the following steps to minimize noise resulting from an oil or gas well site.
[1] 
Prior to the commencement of any use, development, construction, drilling and/or improvements at an oil or gas well site, the applicant shall establish the continuous seventy-two-hour weekday and forty-eight-hour weekend ambient noise for all frequencies at all boundaries of the property on which an oil or gas well site is located with prior approval of the testing times and dates by the Board of Supervisors.
[2] 
Measurement equipment. All noise level measurements shall be made using a sound level meter meeting the most current American National Standard Specification for Sound Level Meters (ANSI 1.4- not less than Type 2 instruments). The instrument shall have been field calibrated according to the manufacturer's directions within the periodicity required by the manufacturer prior to the measurements. All measurements shall be taken using the FAST response time and A-weighting.
[3] 
The applicant shall provide the Township documentation, satisfactory in form and substance to the Township, of the established ambient noise level prior to the commencement of any use, development, construction, drilling and/or improvements at an oil or gas well site.
[4] 
Between the hours of 5:00 p.m. and 9:00 a.m. (local time), the decibel level shall not exceed the ambient noise level that was established under Subsection A(47)(i)[2] at any point outside the boundaries of the property of an oil or gas well site by more than three decibels.
[5] 
Between the hours of 9:00 a.m. and 5:00 p.m. (local time), the decibel level shall not exceed ambient noise level that was established under Subsection A(47)(i)[2] at any point outside the boundaries of the property of an oil or gas well site by more than five decibels.
(j) 
Engines. A compressor and any other power-driven equipment shall utilize sparkless electric motors. All electrical installations and equipment shall conform to Township ordinances and the Pennsylvania Uniform Construction Code.
(k) 
Fencing.
[1] 
Security fencing is required. If twenty-four-hour on-site manned supervision and security are provided, security fencing shall not be required at an oil or gas well site during the initial drilling, or redrilling operations.
[2] 
Upon completion of drilling or redrilling, security fencing consisting of a permanent chain-link fence shall be promptly installed at an oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on an oil or gas well site.
[3] 
Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide.
[4] 
Emergency responders shall be given means to access an oil or gas well site in case of an emergency.
[5] 
Warning signs shall be placed on the fencing surrounding an oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days per year.
(l) 
Emergency response plan.
[1] 
Prior to development, the applicant shall provide to the Board of Supervisors, Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan.
[2] 
Not less than 60 days prior to drilling operations, the applicant shall, at its sole cost and expense, provide to emergency responders, appropriate site orientation with adequate information and training on dealing with any potential dangerous conditions that may result from development activities and which shall be made available at least annually during the period when the applicant anticipates drilling activity within the Township. Emergency responders shall be provided with a complete, detailed list and location of all gases, chemicals, waste products and hazardous material produced, stored and maintained on the site.
(m) 
Lights. Outside lighting shall be directed away from adjacent properties, and shall be turned off except when personnel are working on site or motion sensors are activated.
(n) 
Signage; site identification.
[1] 
At the entrance gate to each oil or gas well site where the access road intersects with the Township-, county- or state-owned road, and there shall be signage clearly posted and visibly posted that includes the following information.
[a] 
The applicant's name.
[b] 
Unit name.
[c] 
Township assigned address.
[d] 
Emergency contact phone number.
[2] 
This information shall be updated from time to time to ensure the information is always accurate and current.
(o) 
Operating times. All site preparation and preproduction operations on an oil or gas well site shall be permissible Mondays through Saturdays (with the exception of federal and/or state holidays) between the hours of 9:00 a.m. and 5:00 p.m., or as otherwise authorized by the Township. The active drilling phase is exempt from this subsection, but not from any other provisions of this chapter.
(p) 
Water flow test. The applicant shall submit to the Township a copy of a water flow test showing evidence of the gallon-per-minute flow rate and the per-minute recovery rate of all water wells, springs or other sources providing water to any Protected Structure within 2,000 feet of a proposed Oil or Gas Well prior to the commencement of any drilling.
(q) 
Water quality test. The applicant shall submit to the Township a copy of a water quality test on all water wells, developed springs, and surface waters, within 2,000 feet of a proposed oil or gas well prior to the commencement of any drilling. The required water testing shall at minimum be for the following substances: methane, ethane, barium, chloride, total dissolved solids, pH, lead, arsenic, iron, manganese, strontium, sodium, hardness (calcium and magnesium), sulfate, nitrate, oil and grease, detergents/surfactants, total coliform bacteria, turbidity, alkalinity, 21 VOCs/MTBE, radium, radon, uranium, gross alpha and beta.
(r) 
Water impoundment facility. Any proposed construction of any fresh water impoundment or wastewater impoundment located upon an oil or gas well site shall be subject to the following additional requirements:
[1] 
Said facility must be not less than 1,500 feet from a property line, from any bodies of water, and from any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply.
[2] 
A copy of the PA DEP permit for approval of impoundment facility must be provided at the time of the submission of the conditional use application.
[3] 
A gated and locked chain-link fence must be installed around any impoundment and shall be at least eight feet in height.
[4] 
Thirty days' advance written notice to the Township must be provided when transitioning from a fresh water impoundment to a wastewater impoundment and the applicant must provide a copy of the revised PA DEP permit.
(s) 
Environmental pollution liability coverage.
[1] 
Prior to the commencement of development activities related to any oil or gas well at, on or under any parcel of land, the applicant or operator shall have first secured and fully paid any and all premiums for environmental pollution liability with coverages for on- and off-site bodily injury, on- and off-site property damage, and on- and off-site cleanup costs (including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, technical and legal fees incurred in the investigation, remediation, monitoring and reporting, and in the defense and settlement of claims). Such coverage shall have an initial term of five years and shall remain in full force and effect throughout the development, use and occupancy of each such parcel for any and all oil or gas wells. The Township shall be provided no less than 60 days' written notice prior to the termination or material change in any such coverage, term, limitation on liability, and any other material provision. Each such coverage shall be maintained at all times in an amount of at least $5,000,000 per loss with an aggregate for all such losses of at least $15,000,000.
[2] 
In the alternative, an applicant or operator may self-insure such losses upon a showing of its own financial responsibility and capability (and not merely that of a parent or affiliated entity) to provide coverage for such claims and for such minimum claim amounts, the determination by any state-appointed auditor to be deemed conclusive, and thereafter as may reasonably be requested by the Township. In the event an applicant or operator elects to self-insure, the Township shall be provided immediate written notice in the event the applicant or operator is no longer able to meet such financial responsibility and capability standards, and the applicant shall immediately secure and maintain the insurance coverage as provided for in this section. No such coverage or self-insurance shall operate as a limitation of liability on an applicant or operator. Such insurance or self-insurance shall be subject to the prior approval by the Township in accordance with the provisions and intent of this section.
(t) 
Fee reimbursement. In submitting the conditional use application, the applicant agrees to reimburse the Township for all reasonable and direct professional consulting fees incurred by the Township related to the site inspection and application review, including but not limited to the Township Engineer, Township Solicitor and any other reasonable and direct consulting fees incurred for the review and approval process, and for any specialized work called for in the application, the permit and/or permit conditions imposed by the Board of Supervisors, Zoning Hearing Board, or Planning Commission. An escrow account shall be established by the applicant with an initial deposit of $15,000 for the draw down by the Township to pay for related fees incurred during the review and approval process of the conditional use application. Whenever the balance within the escrow account is less than $10,000, upon notification from the Township, the applicant will deposit the required amount of funds into the account to restore a balance of $15,000.
(48) 
Ancillary facilities of oil or gas development. Ancillary facilities of oil or gas development shall be classified as a conditional use in the A-1 Agricultural Zoning District. Such facilities shall be considered as a principal use and/or structure. Any applicant desiring to construct, maintain and/or operate an ancillary facility of oil or gas development shall submit a conditional use application and plan in accordance with the provisions of §§ 95-52 and 95-55 of this chapter. The following supplemental information and provisions shall apply:
(a) 
Information.
[1] 
A site plan which complies with the provisions and requirements of §§ 95-52A and 95-55 of this chapter.
[2] 
A description of proposed improvements to the site with identification of whether the site or any part thereof is located in a wetland or floodplain.
[3] 
Anticipated construction start and completion date of all improvements and the start date for the use and/or operation of the facility.
(b) 
Dimensional, setback, height and buffer requirements.
[1] 
A minimum parcel size of 25 acres shall be required for one ancillary facility of oil or gas development. Where two or more ancillary facilities of oil or gas development are located on the same parcel, an additional five acres shall be required for each additional ancillary facility of oil or gas development.
[2] 
A minimum setback of 3,000 feet shall be maintained between any ancillary facility of oil or gas development and any stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of an ancillary facility of oil or gas development to the nearest delineated edge of a stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply.
[3] 
A minimum distance of not less than 3,000 feet shall be maintained between any ancillary facility of oil or gas development and any protected use or protected structure with the exception of a public or private school which shall require a minimum distance of 5,000 feet. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of an ancillary facility of oil or gas development to the nearest property boundary line of a protected use, a protected structure or a school. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with an ancillary facility of oil or gas development except for crossing of access roads.
[4] 
A minimum distance of not less than 500 feet shall be maintained between any ancillary facility of oil or gas development and any property containing a dwelling unit. Measurements for the aforementioned distances shall be taken and based upon the linear distances from all property boundary lines of an ancillary facility of oil or gas development to the nearest property boundary line of a property which contains a dwelling unit. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with an ancillary facility of oil or gas development except for crossing of access roads.
[5] 
Required buffer. A buffer area, as defined in Article II, not less than 75 feet wide shall be required along all property lines. The Board of Supervisors may take into consideration the topographic features and existing natural vegetation which may provide natural buffering to adjoining areas. Buffer areas shall be considered improvements for the purposes of guaranteeing installation in accordance with the requirements for land developments in the Dallas Township Subdivision and Land Development Ordinance.[5] It shall be the responsibility of the applicant to maintain all buffer areas in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.
[5]
Editor's Note: See Ch. 77, Subdivision and Land Development.
[6] 
Height. The height of an ancillary facility of oil or gas development shall comply with the height limitations applicable to the underlying zoning district.
[7] 
Floodplains. An ancillary facility of oil or gas development shall not be permitted within any one-hundred-year floodplain as identified in the most recent Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for the Township as prepared and approved by Federal Emergency Management Agency (FEMA.)
(c) 
Land development approval. Approval of a land development plan in accordance with the terms, standards and procedures as set forth in the Dallas Township Subdivision and Land Development Ordinance shall be required.
(d) 
Stormwater Management Ordinance. Approval of a stormwater management permit shall be required for any earth disturbance in accordance with the standards and provisions of the Dallas Township Stormwater Management Ordinance,[6] the Toby's Creek Stormwater Management Ordinance and the Bowman's Creek Stormwater Management Ordinance.
[6]
Editor's Note: See Ch. 72, Stormwater Management.
(e) 
Soil erosion and sedimentation control plan. Documentation of an approved soil erosion and sedimentation control plan by the Luzerne County Conservation District or the Pennsylvania Department of Environmental Protection and implementation of the same shall be provided prior to and during any grading and/or earth disturbance.
(f) 
Parking and staging areas. The required amount of on-street vehicle parking shall be equal to not less than 75% of the maximum number of the applicant's employees, subcontractors, and agents working at an ancillary facility of oil or gas development. Unless stated otherwise, said parking areas shall comply with all applicable standards of Article XI. All vehicle parking areas and staging areas shall be setback not less than 200 feet from any property line. No vehicles shall be parked or staged on any public road right-of-way or be permitted to back into or out of the public right-of-way.
(g) 
Fence standards. A secured entrance gate on the access road shall be required, and all gates are to be kept locked when the operator or its employees are not on the premises. All ancillary facilities of oil or gas development shall be completely enclosed by a permanent chain-link fence. Standards for the chain-link fence and secured gate are as follows:
[1] 
The chain-link fence shall be at least eight feet in height.
[2] 
Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence.
[3] 
The chain-link shall be dark green or black steel wire.
[4] 
The chain-link fence shall have, at a minimum, eleven-gauge thickness.
[5] 
Posts and rails shall be standard black or dark green welded pipe.
[6] 
Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum takeup. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch.
[7] 
Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by the Township. The color of the materials shall be uniform and complementary to the color of the fence and painted equipment. Approved colors shall include, but not be limited to, green, brown, tan, and black.
[8] 
All chain-link fences shall be equipped with at least two gates having openings no less than 12 feet wide. The gates shall be equipped with a locking attachment and shall be kept locked except when being used for access to the site.
[9] 
Emergency responders shall be given means to access to the site in case of an emergency.
[10] 
Warning signs shall be placed on the fencing surrounding the facility providing notice of the potential dangers and the contact information in case of an emergency. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days per year.
(h) 
Engines. A compressor and any other power-driven equipment of an Ancillary Facility of Oil or Gas Development shall utilize sparkless electric motors. All electrical installations and equipment shall conform to Township ordinances and the Pennsylvania Uniform Construction Code.
(i) 
State, federal and local compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.
(j) 
Access roads. Access to any ancillary facilities of oil or gas development shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply:
[1] 
Any newly established private easements/roadways constructed on the parcel shall be located at least 100 feet from any property line, except as to the property line at the point of ingress/egress.
[2] 
Any access road beginning with its intersection with a public right-of way shall be paved for the first 100 and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or access way is less than 200 feet in length, the entire access road or access way shall be paved. Compliance with the above requirements must occur prior to the use of the access road.
[3] 
All roads and accessways 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, and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement.
(k) 
Noise. The applicant shall take the following steps to minimize noise resulting from any ancillary facility of oil or gas development.
[1] 
An ancillary facility of oil or gas development shall be fully enclosed in a sound-reduction structure that conforms to the character of the zone in which it exists.
[2] 
Prior to approval and use or operation of an ancillary facility of oil or gas development, the applicant shall establish the continuous seventy-two-hour weekday and forty-eight-hour weekend for all level of frequencies at all boundaries of the property on which an ancillary facility of oil or gas development is located with prior approval of the testing times and dates by the Board of Supervisors.
[3] 
Measurement equipment. All noise level measurements shall be made using a sound level meter meeting the most current American National Standard Specification for Sound Level Meters (ANSI 1.4- not less than Type 2 instruments). The instrument shall have been field calibrated according to the manufacturer's directions within the periodicity required by the manufacturer prior to the measurements. All measurements shall be taken using the FAST response time and A-weighting.
[4] 
The applicant shall provide the Township documentation, satisfactory in form and substance to the Township, of the established ambient noise level prior to any operations at the subject ancillary facility of oil or gas development.
[5] 
The decibel level shall not exceed the ambient noise level that was established above under Subsection A(48)(k)[2] at any point outside the boundaries of the property on which subject facility is located by more than three decibels.
(l) 
Emergency response plan.
[1] 
Prior to the operation of an ancillary facility, the applicant shall provide to the Board of Supervisors, Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan.
[2] 
Not less than 60 days prior to operation of the facility, the applicant shall, at its sole cost and expense, provide to emergency responders appropriate site orientation with adequate information and training on dealing with any potential dangerous conditions that may result from development activities and which shall be made available at least annually. Township emergency responders shall be provided with a complete, detailed list and location of all gases, chemicals, waste products and hazardous material produced, stored and maintained on the site.
(m) 
Lights. Outside lighting shall be directed away from adjacent properties, and shall be turned off except when personnel are working on site or motion sensors are activated.
(n) 
Signage; site identification.
[1] 
At the entrance gate to each facility where the access road intersects with the Township- or state-owned road and there shall be signage clearly posted and visibly posted that includes the following information:
[a] 
The applicant's name.
[b] 
Unit name.
[c] 
Township assigned address.
[d] 
Emergency contact phone number.
[2] 
This information shall be updated from time to time to ensure the information is always accurate and current.
(o) 
Environmental pollution liability coverage.
[1] 
Prior to the commencement of development activities related to any Ancillary Facility of Oil or Gas Development at, on or under any parcel of land, the applicant or operator shall have first secured and fully paid any and all premiums for environmental pollution liability with coverages for on- and off-site bodily injury, on- and off-site property damage, and on- and off-site cleanup costs (including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, technical and legal fees incurred in the investigation, remediation, monitoring and reporting, and in the defense and settlement of claims). Such coverage shall have an initial term of five years and shall remain in full force and effect throughout the development, use and occupancy of each such parcel for any and all Ancillary Facilities of Oil or Gas Development. The Township shall be provided no less than 60 days written notice prior to the termination or material change in any such coverage, term, limitation on liability, and any other material provision. Each such coverage shall be maintained at all times in an amount of at least $5,000,000 per loss with an aggregate for all such losses of at least $15,000,000.
[2] 
In the alternative, an applicant or operator may self-insure such losses upon a showing of its own financial responsibility and capability (and not merely that of a parent or affiliated entity) to provide coverage for such claims and for such minimum claim amounts, the determination by any state appointed auditor to be deemed conclusive, and thereafter as may reasonably be requested by the Township. In the event an applicant or operator elects to self-insure, the Township shall be provided immediate written notice in the event the applicant or operator is no longer able to meet such financial responsibility and capability standards, and the applicant shall immediately secure and maintain the insurance coverage as provided for in this section. No such coverage or self-insurance shall operate as a limitation of liability on an applicant or operator. Such insurance or self-insurance shall be subject to the prior approval by the Township in accordance with the provisions and intent of this section.
(p) 
Fee reimbursement. In submitting the conditional use application, the applicant agrees to reimburse the Township for all reasonable and direct professional consulting fees incurred by the Township related to the site inspection, including but not limited to, the Township Engineer, Township Solicitor and any other reasonable and direct consulting fees incurred for the review and approval process, and for any specialized work called for in the permit and its conditions. An escrow account shall be established by the applicant with an initial deposit of $15,000 for the draw down by the Township to pay for related fees incurred during the review and approval process of the conditional use application. Whenever the balance within the escrow account is less than $10,000, upon notification from the Township, the applicant will deposit the required amount funds into the account to restore a balance of $15,000.
(49) 
Oil or gas pipelines.
(a) 
Oil or gas pipelines shall be classified as a conditional use in all zoning districts.
(b) 
An applicant desiring to construct oil and gas pipelines shall furnish to the Township copies showing evidence that it has obtained and maintains in good standing all required state and/or federal permits, including proof of bonding to operate pipelines. Any suspension or revocation of any required state or federal approvals or permits shall be reported to the Township immediately. In addition, the applicant must adhere to the following regulations:
[1] 
An oil or gas pipeline shall have minimum setback distance of not less than 50 feet from any property line as measured from the center of the pipe to the property line on which the oil or gas pipeline is located.
(c) 
An applicant desiring to construct, maintain and/or an oil or gas pipeline shall submit a conditional use application and plan in accordance with the provisions of §§ 95-52 and 95-55 of this chapter. The following supplemental information and provisions shall apply to documentation required to be submitted by the applicant:
[1] 
The origin point and the destination of the segment of the pipeline to be constructed.
[2] 
A description of the substance to be transported through the pipeline and a copy of the Material Safety Data Sheet (MSDS).
[3] 
Engineering plans, drawings and/or maps with summarized specifications showing the horizontal pipeline location, pipeline covering depths and location of shutoff valves. (The location of shutoff valves must be known in order for emergency responders to clear area for access valves.) To the extent that information can be readily obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within five feet of the proposed pipeline.
[4] 
Detailed cross section drawings for all public street right-of-way and easement crossings.
[5] 
Executed copies of the easements for the areas constructed outside of the road right-of-way.
[6] 
A copy of the site reclamation plans.
(d) 
Land development approval. Approval of a land development plan in accordance with the terms, standards and procedures as set forth in the Dallas Township Subdivision and Land Development Ordinance[7] shall be required.
[7]
Editor's Note: See Ch. 77, Subdivision and Land Development.
(e) 
Stormwater Management Ordinance. Approval of a stormwater management permit shall be required for any earth disturbance in accordance with the standards and provisions of the Dallas Township Stormwater Management Ordinance,[8] the Toby's Creek Stormwater Management Ordinance and the Bowman's Creek Stormwater Management Ordinance.
[8]
Editor's Note: See Ch. 72, Stormwater Management.
(f) 
Soil erosion and sedimentation control plan. Documentation of an approved soil erosion and sedimentation control plan by the Luzerne County Conservation District or the Pennsylvania Department of Environmental Protection and implementation of the same shall be provided prior to and during any grading and/or earth disturbance.
(g) 
State and federal compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.
(h) 
Access roads. Access to any oil or gas pipeline shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply:
[1] 
Any newly established private easements/roadways constructed on the parcel shall be located at least 100 feet from any property line, except as to the property line at the point of ingress/egress.
[2] 
Any access road beginning with its intersection with a public right-of-way shall be paved for the first 100 and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or access way is less than 200 feet in length, the entire access road or access way shall be paved. Compliance with the above requirements must occur prior to the use of the access road.
[3] 
All roads and accessways 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, and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement.
(i) 
Emergency response plan.
[1] 
Prior to the use and operation of an oil or gas pipe line, the applicant shall provide to the Board of Supervisors, Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan.
[2] 
Not less than 60 days prior to the use and operation of an oil or gas pipe line, the applicant shall, at its sole cost and expense, provide to emergency responders, appropriate site orientation with adequate information and training on dealing with any potential dangerous conditions that may result from the subject pipeline and its subsequent operation and which shall be made available at least annually.
(j) 
Environmental pollution liability coverage.
[1] 
Prior to the commencement of development activities related to any oil or gas pipelines at, on or under any parcel of land, the applicant or operator shall have first secured and fully paid any and all premiums for environmental pollution liability with coverages for on- and off-site bodily injury, on- and off-site property damage, and on- and off-site cleanup costs (including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, technical and legal fees incurred in the investigation, remediation, monitoring and reporting, and in the defense and settlement of claims). Such coverage shall have an initial term of five years and shall remain in full force and effect throughout the development, use and occupancy of each such parcel for any and all oil or gas pipelines. The Township shall be provided no less than 60 days' written notice prior to the termination or material change in any such coverage, term, limitation on liability, and any other material provision. Each such coverage shall be maintained at all times in an amount of at least $5,000,000 per loss with an aggregate for all such losses of at least $15,000,000.
[2] 
In the alternative, an applicant or operator may self-insure such losses upon a showing of its own financial responsibility and capability (and not merely that of a parent or affiliated entity) to provide coverage for such claims and for such minimum claim amounts, the determination by any state-appointed auditor to be deemed conclusive, and thereafter as may reasonably be requested by the Township. In the event an applicant or operator elects to self-insure, the Township shall be provided immediate written notice in the event the applicant or operator is no longer able to meet such financial responsibility and capability standards, and the applicant shall immediately secure and maintain the insurance coverage as provided for in this section. No such coverage or self-insurance shall operate as a limitation of liability on an applicant or operator. Such insurance or self-insurance shall be subject to the prior approval by the Township in accordance with the provisions and intent of this section.
(k) 
Fee reimbursement. In submitting the conditional use application, the applicant agrees to reimburse the Township for all reasonable and direct professional consulting fees incurred by the Township related to the site inspection, including but not limited to, the Township Engineer, Township Solicitor and any other reasonable and direct consulting fees incurred for the review and approval process, and for any specialized work called for in the permit and its conditions. An escrow account shall be established by the applicant with an initial deposit of $15,000 for the draw down by the Township to pay for related fees incurred during the review and approval process of the conditional use application. Whenever the balance within the escrow account is less than $10,000, upon notification from the Township, the applicant will deposit the required amount funds into the account to restore a balance of $15,000.
(50) 
Hydraulic fracturing wastewater treatment facility.
(a) 
A hydraulic fracturing wastewater treatment facility shall be classified as a conditional use in the A-1 Agricultural Zoning District.
(b) 
An applicant desiring to construct, maintain and/or operate a hydraulic fracturing wastewater treatment facility shall submit a conditional use application and plan in accordance with the provisions of §§ 95-52 and 95-55 of this chapter.
(c) 
Dimensional, setback, height and buffer requirements.
[1] 
A minimum parcel size of 25 acres shall be required for a hydraulic fracturing wastewater treatment facility.
[2] 
A minimum setback of 3,000 feet shall be maintained between a hydraulic fracturing wastewater treatment facility and any stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of a hydraulic fracturing wastewater treatment facility to the nearest delineated edge of a stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. This setback distance shall not apply to any required discharge structures.
[3] 
A minimum distance of not less than 3,000 feet shall be maintained between a hydraulic fracturing wastewater treatment facility and any protected use or protected structure with the exception of a public or private school which shall require a minimum distance of 5,000 feet. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of a hydraulic fracturing wastewater treatment facility to the nearest property boundary line of a protected use, a protected structure or a school. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with a hydraulic fracturing wastewater treatment facility except for crossing of access roads.
[4] 
A minimum distance of not less than 500 feet shall be maintained between any hydraulic fracturing wastewater treatment facility and any property containing a dwelling unit. Measurements for the aforementioned distances shall be taken and based upon the linear distances from all property boundary lines of a hydraulic fracturing wastewater treatment facility to the nearest property boundary line of a property which contains a dwelling unit. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with a hydraulic fracturing wastewater treatment facility except for crossing of access roads.
[5] 
Required buffer. A buffer area, as defined in Article II, not less than 75 feet shall be required along all property lines. The Board of Supervisors may take into consideration the topographic features and existing natural vegetation which may provide natural buffering to adjoining areas. Buffer areas shall be considered improvements for the purposes of guaranteeing installation in accordance with the requirements for land developments in the Dallas Township Subdivision and Land Development Ordinance.[9] It shall be the responsibility of the applicant to maintain all buffer areas in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.
[9]
Editor's Note: See Ch. 77, Subdivision and Land Development.
[6] 
Height. The height of a hydraulic fracturing wastewater treatment facility shall comply with the height limitations applicable to the underlying zoning district.
[7] 
Floodplains. A hydraulic fracturing wastewater treatment facility shall not be permitted within any one-hundred-year floodplain as identified in the most recent Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for the Township as prepared and approved by Federal Emergency Management Agency (FEMA).
(d) 
Land development approval. Approval of a land development plan in accordance with the terms, standards and procedures as set forth in the Dallas Township Subdivision and Land Development Ordinance shall be required.
(e) 
Stormwater management ordinance. Approval of a stormwater management permit shall be required for any earth disturbance in accordance with the standards and provisions of the Dallas Township Stormwater Management Ordinance,[10] the Toby's Creek Stormwater Management Ordinance and the Bowman's Creek Stormwater Management Ordinance.
[10]
Editor's Note: See Ch. 72, Stormwater Management.
(f) 
Soil erosion and sedimentation control plan. Documentation of an approved Soil Erosion and Sedimentation Control Plan by the Luzerne County Conservation District or the Pennsylvania Department of Environmental Protection and implementation of the same shall be provided prior to and during any grading and/or earth disturbance.
(g) 
Parking and staging areas. The required amount of on-street vehicle parking shall be equal to not less than 75% of the maximum number of the applicant's employees, subcontractors, and agents working at a hydraulic fracturing wastewater treatment facility. Unless stated otherwise, said parking areas shall comply with all applicable standards of Article XI. All vehicle parking areas and staging areas shall be setback not less than 200 feet from any property line. No vehicles shall be parked or staged on any public road right-of-way or be permitted to back into or out of the public right-of-way.
(h) 
Fence standards. A secured entrance gate on the access road shall be required, and all gates are to be kept locked when the operator or its employees are not on the premises. A hydraulic fracturing wastewater treatment facility shall be completely enclosed by a permanent chain-link fence. Standards for the chain-link fence and secured gate are as follows:
[1] 
The chain-link fence shall be at least eight feet in height.
[2] 
Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence.
[3] 
The chain-link shall be dark green or black steel wire.
[4] 
The chain-link fence shall have, at a minimum, eleven-gauge thickness.
[5] 
Posts and rails shall be standard black or dark green welded pipe.
[6] 
Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch.
[7] 
Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by the Township. The color of the materials shall be uniform and complementary to the color of the fence and painted equipment. Approved colors shall include, but not be limited to green, brown, tan, and black.
[8] 
All chain-link fences shall be equipped with at least two gates having openings no less than 12 feet wide. The gates shall be equipped with a locking attachment and shall be kept locked except when being used for access to the site.
[9] 
Emergency responders shall be given means to access the site in case of an emergency.
[10] 
Warning signs shall be placed on the fencing surrounding the facility providing notice of the potential dangers and the contact information in case of an emergency. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days per year.
(i) 
State, federal and local compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.
(j) 
Access roads. Access to any hydraulic fracturing wastewater treatment facility shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply:
[1] 
Any newly established private easements/roadways constructed on the parcel shall be located at least 100 feet from any property line, except as to the property line at the point of ingress/egress.
[2] 
Any access road beginning with its intersection with a public right-of-way shall be paved for the first 100 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or access way is less than 200 feet in length, the entire access road or access way shall be paved. Compliance with the above requirements must occur prior to the use of the access road.
[3] 
All roads and accessways 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, and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement.
(k) 
Engines. A compressor and any other power-driven equipment of any hydraulic fracturing wastewater treatment facility shall utilize sparkless electric motors. All electrical installations and equipment shall conform to Township ordinances and the Pennsylvania Uniform Construction Code.
(l) 
Noise. The applicant shall take the following steps to minimize noise resulting from any hydraulic fracturing wastewater treatment facility:
[1] 
A hydraulic fracturing wastewater treatment facility shall be fully enclosed in a sound-reduction structure that conforms to the character of the zone in which it exists.
[2] 
Prior to approval and use or operation of any hydraulic fracturing wastewater treatment facility the applicant shall establish the continuous seventy-two-hour weekday and forty-eight-hour weekend for all level of frequencies at all boundaries of the property on which any hydraulic fracturing wastewater treatment facility is located with prior approval of the testing times and dates by the Board of Supervisors.
[3] 
Measurement equipment. All noise level measurements shall be made using a sound level meter meeting the most current American National Standard Specification for Sound Level Meters (ANSI 1.4- not less than Type 2 instruments). The instrument shall have been field calibrated according to the manufacturer's directions within the periodicity required by the manufacturer prior to the measurements. All measurements shall be taken using the FAST response time and A-weighting.
[4] 
The applicant shall provide the Township documentation, satisfactory in form and substance to the Township, of the established ambient noise level prior to any operations at the subject Hydraulic Fracturing Wastewater Treatment Facility.
[5] 
The decibel level shall not exceed the ambient noise level that was established above under Subsection A(50)(l)[2] at any point outside the boundaries of the property on which subject facility is located by more than three decibels.
(m) 
Emergency response plan.
[1] 
Prior to the operation of an ancillary facility, the applicant shall provide to the Board of Supervisors, Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan.
[2] 
Not less than 60 days prior to operations of the facility, the applicant shall, at its sole cost and expense, provide to emergency responders, appropriate site orientation with adequate information and training on dealing with any potential dangerous conditions that may result from development activities and which shall be made available at least annually. Township emergency responders shall be provided with a complete, detailed list and location of all gases, chemicals, waste products and hazardous material produced, stored and maintained on the site.
(n) 
Lights. Outside lighting shall be directed away from adjacent properties and shall be turned off except when personnel are working on site or motion sensors are activated.
(o) 
Signage; site identification.
[1] 
At the entrance gate to each facility where the access road intersects with the Township- or state-owned road and there shall be signage clearly posted and visibly posted that includes the following information:
[a] 
The applicant's name.
[b] 
Unit name.
[c] 
Township assigned address.
[d] 
Emergency contact phone number.
[2] 
This information shall be updated from time to time to ensure the information is always accurate and current.
(p) 
Environmental pollution liability coverage.
[1] 
Prior to the commencement of development activities related to any hydraulic fracturing wastewater treatment facility at, on or under any parcel of land, the applicant or operator shall have first secured and fully paid any and all premiums for environmental pollution liability with coverages for on- and off-site bodily injury, on- and off-site property damage, and on- and off-site cleanup costs (including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, technical and legal fees incurred in the investigation, remediation, monitoring and reporting, and in the defense and settlement of claims). Such coverage shall have an initial term of five years and shall remain in full force and effect throughout the development, use and occupancy of each such parcel for any and all hydraulic fracturing wastewater treatment facility. The Township shall be provided no less than 60 days' written notice prior to the termination or material change in any such coverage, term, limitation on liability, and any other material provision. Each such coverage shall be maintained at all times in an amount of at least $5,000,000 per loss with an aggregate for all such losses of at least $15,000,000.
[2] 
In the alternative, an applicant or operator may self-insure such losses upon a showing of its own financial responsibility and capability (and not merely that of a parent or affiliated entity) to provide coverage for such claims and for such minimum claim amounts, the determination by any state-appointed auditor to be deemed conclusive, and thereafter as may reasonably be requested by the Township. In the event an applicant or operator elects to self-insure, the Township shall be provided immediate written notice in the event the applicant or operator is no longer able to meet such financial responsibility and capability standards, and the applicant shall immediately secure and maintain the insurance coverage as provided for in this section. No such coverage or self-insurance shall operate as a limitation of liability on an applicant or operator. Such insurance or self-insurance shall be subject to the prior approval by the Township in accordance with the provisions and intent of this section.
(q) 
Fee reimbursement. In submitting the conditional use application, the applicant agrees to reimburse the Township for all reasonable and direct professional consulting fees incurred by the Township related to the site inspection, including but not limited to, the Township Engineer, Township Solicitor and any other reasonable and direct consulting fees incurred for the review and approval process, and for any specialized work called for in the permit and its conditions. An escrow account shall be established by the applicant with an initial deposit of $15,000 for the draw down by the Township to pay for related fees incurred during the review and approval process of the conditional use application. Whenever the balance within the escrow account is less than $10,000, upon notification from the Township, the applicant will deposit the required amount funds into the account to restore a balance of $15,000.
(51) 
Hydraulic fracturing water withdrawal facility.
(a) 
A hydraulic fracturing water withdrawal facility shall be classified as a conditional use in the A-1 Agricultural Zoning District.
(b) 
An applicant desiring to construct, maintain and/or operate a hydraulic fracturing water withdrawal facility shall submit a conditional use application and plan in accordance with the provisions of §§ 95-52 and 95-55 of this chapter.
(c) 
Dimensional, setback, height and buffer requirements.
[1] 
A minimum parcel size of 25 acres shall be required for a hydraulic fracturing water withdrawal facility.
[2] 
A minimum setback of 3,000 feet shall be maintained between any hydraulic fracturing water withdrawal facility and any stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of an hydraulic fracturing water withdrawal facility to the nearest delineated edge of a stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply.
[3] 
A minimum distance of not less than 3,000 feet shall be maintained between any hydraulic fracturing water withdrawal facility and any protected use or protected structure with the exception of a public or private school which shall require a minimum distance of 5,000 feet. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of a hydraulic fracturing water withdrawal facility to the nearest property boundary line of a protected use, a protected structure or a school. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with a hydraulic fracturing water withdrawal facility except for crossing of access roads.
[4] 
A minimum distance of not less than 500 feet shall be maintained between any hydraulic fracturing water withdrawal facility and any property containing a dwelling unit. Measurements for the aforementioned distances shall be taken and based upon the linear distances from all property boundary lines of a hydraulic fracturing water withdrawal facility to the nearest property boundary line of a property which contains a dwelling unit. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with a hydraulic fracturing water withdrawal facility except for crossing of access roads.
[5] 
Required buffer. A buffer area, as defined in Article II, not less than 75 feet shall be required along all property lines. The Board of Supervisors may take into consideration the topographic features and existing natural vegetation which may provide natural buffering to adjoining areas. Buffer areas shall be considered improvements for the purposes of guaranteeing installation in accordance with the requirements for land developments in the Dallas Township Subdivision and Land Development Ordinance.[11] It shall be the responsibility of the applicant to maintain all buffer areas in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.
[11]
Editor's Note: See Ch. 77, Subdivision and Land Development.
[6] 
Height. The height of a hydraulic fracturing water withdrawal facility shall comply with the height limitations applicable to the underlying zoning district.
[7] 
Floodplains. A hydraulic fracturing water withdrawal facility shall not be permitted within any one-hundred-year floodplain as identified in the most recent Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for the Township as prepared and approved by Federal Emergency Management Agency (FEMA).
(d) 
Land development approval. Approval of a land development plan in accordance with the terms, standards and procedures as set forth in the Dallas Township Subdivision and Land Development Ordinance shall be required.
(e) 
Stormwater Management Ordinance. Approval of a stormwater management permit shall be required for any earth disturbance in accordance with the standards and provisions of the Dallas Township Stormwater Management Ordinance,[12] the Toby's Creek Stormwater Management Ordinance and the Bowman's Creek Stormwater Management Ordinance.
[12]
Editor's Note: See Ch. 72, Stormwater Management.
(f) 
Soil erosion and sedimentation control plan. Documentation of an approved Soil Erosion and Sedimentation Control Plan by the Luzerne County Conservation District or the Pennsylvania Department of Environmental Protection and implementation of the same shall be provided prior to and during any grading and/or earth disturbance.
(g) 
Parking and staging areas. The required amount of on-street vehicle parking shall be equal to not less than 75% of the maximum number of the applicant's employees, subcontractors, and agents working at a hydraulic fracturing water withdrawal facility. Unless stated otherwise, said parking areas shall comply with all applicable standards of Article XI. All vehicle parking areas and staging areas shall be setback not less than 200 feet from any property line. No vehicles shall be parked or staged on any public road right-of-way or be permitted to back into or out of the public right-of-way.
(h) 
Fence standards. A secured entrance gate on the access road shall be required, and all gates are to be kept locked when the operator or its employees are not on the premises. A hydraulic fracturing water withdrawal facility shall be completely enclosed by a permanent chain-link fence. Standards for the chain-link fence and secured gate are as follows:
[1] 
The chain-link fence shall be at least eight feet in height;
[2] 
Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence;
[3] 
The chain-link shall be dark green or black steel wire;
[4] 
The chain-link fence shall have, at a minimum, eleven-gauge thickness;
[5] 
Posts and rails shall be standard black or dark green welded pipe;
[6] 
Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch;
[7] 
Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by the Township. The color of the materials shall be uniform and complementary to the color of the fence and painted equipment. Approved colors shall include, but not be limited to, green, brown, tan, and black.
[8] 
All chain-link fences shall be equipped with at least two gates having openings no less than 12 feet wide. The gates shall be equipped with a locking attachment and shall be kept locked except when being used for access to the site.
[9] 
Emergency responders shall be given means to access the site in case of an emergency.
[10] 
Warning signs shall be placed on the fencing surrounding the facility providing notice of the potential dangers and the contact information in case of an emergency. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days per year.
(i) 
State, federal and local compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.
(j) 
Access roads. Access to a hydraulic fracturing water withdrawal facility shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply:
[1] 
Any newly established private easements/roadways constructed on the parcel shall be located at least 100 feet from any property line, except as to the property line at the point of ingress/egress.
[2] 
Any access road beginning with its intersection with a public right-of-way shall be paved for the first 100 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or access way is less than 200 feet in length, the entire access road or access way shall be paved. Compliance with the above requirements must occur prior to the use of the access road.
[3] 
All roads and accessways 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 and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement.
(k) 
Engines. A compressor and any other power-driven equipment of any hydraulic fracturing water withdrawal facility shall utilize sparkless electric motors. All electrical installations and equipment shall conform to Township ordinances and the Pennsylvania Uniform Construction Code.
(l) 
Noise. The applicant shall take the following steps to minimize noise resulting from any hydraulic fracturing water withdrawal facility.
[1] 
A hydraulic fracturing water withdrawal facility shall be fully enclosed in a sound-reduction structure that conforms to the character of the zone in which it exists.
[2] 
Prior to approval and use or operation of any hydraulic fracturing water withdrawal facility, the applicant shall establish the continuous seventy-two-hour weekday and forty-eight-hour weekend for all level of frequencies at all boundaries of the property on which any hydraulic fracturing water withdrawal facility is located with prior approval of the testing times and dates by the Board of Supervisors.
[3] 
Measurement equipment. All noise level measurements shall be made using a sound level meter meeting the most current American National Standard Specification for Sound Level Meters (ANSI 1.4- not less than Type 2 instruments). The instrument shall have been field calibrated according to the manufacturer's directions within the periodicity required by the manufacturer prior to the measurements. All measurements shall be taken using the FAST response time and A-weighting.
[4] 
The applicant shall provide the Township documentation, satisfactory in form and substance to the Township, of the established ambient noise level prior to any operations at the subject Hydraulic Fracturing Water Withdrawal Facility.
[5] 
The decibel level shall not exceed ambient noise level that was established above under Subsection A(51)(l)[2] at any point outside the boundaries of the property on which subject facility is located by more than three decibels.
(m) 
Emergency response plan.
[1] 
Prior to the operation of an ancillary facility, the applicant shall provide to the Board of Supervisors, Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan.
[2] 
Not less than 60 days prior to operations of the facility, the applicant shall, at its sole cost and expense, provide to emergency responders, appropriate site orientation with adequate information and training on dealing with any potential dangerous conditions that may result from development activities and which shall be made available at least annually. Township emergency responders shall be provided with a complete, detailed list and location of all gases, chemicals, waste products and hazardous material produced, stored and maintained on the site.
(n) 
Lights. Outside lighting shall be directed away from adjacent properties, and shall be turned off except when personnel are working on site or motion sensors are activated.
(o) 
Signage; site identification.
[1] 
At the entrance gate to each facility where the access road intersects with the Township- or state-owned road and there shall be signage clearly posted and visibly posted that includes the following information.
[a] 
The applicant's name.
[b] 
Unit name.
[c] 
Township assigned address.
[d] 
Emergency contact phone number.
[2] 
This information shall be updated from time to time to ensure the information is always accurate and current.
(p) 
Environmental pollution liability coverage.
[1] 
Prior to the commencement of development activities related to any hydraulic fracturing water withdrawal facility at, on or under any parcel of land, the applicant or operator shall have first secured and fully paid any and all premiums for environmental pollution liability with coverages for on- and off-site bodily injury, on- and off-site property damage, and on- and off-site cleanup costs (including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, technical and legal fees incurred in the investigation, remediation, monitoring and reporting, and in the defense and settlement of claims). Such coverage shall have an initial term of five years and shall remain in full force and effect throughout the development, use and occupancy of each such parcel for any and all hydraulic fracturing water withdrawal facility. The Township shall be provided no less than 60 days' written notice prior to the termination or material change in any such coverage, term, limitation on liability, and any other material provision. Each such coverage shall be maintained at all times in an amount of at least $5,000,000 per loss with an aggregate for all such losses of at least $15,000,000.
[2] 
In the alternative, an applicant or operator may self-insure such losses upon a showing of its own financial responsibility and capability (and not merely that of a parent or affiliated entity) to provide coverage for such claims and for such minimum claim amounts, the determination by any state-appointed auditor to be deemed conclusive, and thereafter as may reasonably be requested by the Township. In the event an applicant or operator elects to self-insure, the Township shall be provided immediate written notice in the event the applicant or operator is no longer able to meet such financial responsibility and capability standards, and the applicant shall immediately secure and maintain the insurance coverage as provided for in this section. No such coverage or self-insurance shall operate as a limitation of liability on an applicant or operator. Such insurance or self-insurance shall be subject to the prior approval by the Township in accordance with the provisions and intent of this section.
(q) 
Fee reimbursement. In submitting the conditional use application, the applicant agrees to reimburse the Township for all reasonable and direct professional consulting fees incurred by the Township related to the site inspection, including but not limited to, the Township Engineer, Township Solicitor and any other reasonable and direct consulting fees incurred for the review and approval process, and for any specialized work called for in the permit and its conditions. An escrow account shall be established by the applicant with an initial deposit of $15,000 for the draw down by the Township to pay for related fees incurred during the review and approval process of the conditional use application. Whenever the balance within the escrow account is less than $10,000, upon notification from the Township, the applicant will deposit the required amount funds into the account to restore a balance of $15,000.
(52) 
Regulations for Accessory Solar Energy Systems (ASES).
(a) 
Permitted as an accessory structure. ASES shall be permitted as a permitted use as an accessory structure in all zoning districts.
(b) 
Compliance with industry standards. The ASES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code, regulations adopted by the Pennsylvania Department of Labor and Industry, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the permit application.
(c) 
Installers. ASES installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:
[1] 
Is certified by the North American Board of Certified Energy Practitioners (NABCEP) for PV installation.
[2] 
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
[3] 
For residential applications, a home improvement contractor registered with the Attorney General's Office.
(d) 
Maintain in good working order. Upon completion of installation, the ASES shall be maintained in good working order in accordance with manufacturer's standards of and any other codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement actions by Dallas Township in accordance with all applicable ordinances.
(e) 
Underground requirements. All on-site utility, transmission lines, and plumbing shall be placed underground to the extent feasible.
(f) 
Signage. The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.
(g) 
Glare.
[1] 
All ASES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.
[2] 
The applicant has the burden of proving that any glare produced does not have a significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(h) 
Solar easements. If a solar easement, intended to guarantee unobstructed solar access, is desired by the applicant and/or property owner for an ASES, such matter shall be carried out as a civil agreement between or among all applicable parties. Dallas Township shall not be a party to any agreement designed to provide a solar easement, nor shall Dallas Township be responsible for ensuring the maintenance of any solar easement.
(i) 
Decommissioning.
[1] 
Each ASES and all solar related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator, or upon termination of the useful life of same.
[2] 
The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.
[3] 
The ASES owner shall, at the request of Dallas Township, provide information concerning the amount of energy generated by the ASES in the last 12 months.
(j) 
Zoning permit requirements.
[1] 
A zoning permit application shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. The applicant shall be required to secure all applicable building permits required under the PA Uniform Construction Code. All Permits shall be kept on the premises where the ASES is constructed.
[2] 
A new zoning permit shall be required if an ASES, whether new or pre-existing, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this section.
[3] 
The ASES must be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES to conform or to remove the ASES.
[4] 
Prior to the issuance of a zoning permit, applicants must acknowledge in writing that the issuing of said permit for a solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself:
[a] 
The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or
[b] 
The right to prohibit the development on or growth of any trees or vegetation on such property.
[5] 
Routine maintenance or like kind replacements do not require a permit.
(k) 
Roof mounted and wall mounted accessory solar energy systems.
[1] 
Location. A roof mounted or wall mounted ASES may be located on a principal or accessory building.
[2] 
Setbacks.
[a] 
Wall mounted ASES shall comply with the setbacks for principal and accessory structures of the underlying zoning districts.
[b] 
Solar panels shall not extend beyond any portion of the roof edge.
[3] 
Height. ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.
[4] 
Code compliance. For roof and wall mounted systems, the applicant shall provide evidence that the plans comply with the PA Uniform Construction Code and that the roof or wall is capable of holding the load imposed on the structure. Applications for roof mounted ASES shall be accompanied by engineer stamped plans that demonstrate the structural sufficiency of the roof to hold the weight of the ASES.
(l) 
Ground mounted accessory solar energy systems.
[1] 
Setbacks.
[a] 
The minimum yard setbacks from side and rear property lines shall be 30 feet.
[b] 
Ground mounted ASES are prohibited in front yards, between the principal building and the public street, excluding front yard locations which are located not less than 200 feet from the front property line.
[2] 
Height. Freestanding ground mounted ASES shall not exceed 20 feet in height above the ground elevation surrounding the systems.
[3] 
Coverage.
[a] 
The surface area of the arrays of a ground mounted ASES, regardless of the mounted angle of any solar panels, shall be considered impervious and calculated in the lot coverage of the lot on which the system is located. A ground mounted ASES shall not exceed the maximum lot coverage requirements of the underlying zoning district.
[b] 
If applicable, the applicant shall submit a Stormwater Management Plan that demonstrates compliance with the Dallas Township Stormwater Management Ordinance.
[4] 
Screening. Ground mounted ASES when located less than 50 feet from a property line shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen using two staggered rows of evergreen trees planted in along the nearest side or rear yard boundary of the ground mounted ASES with the spacing distance between trees not less than eight feet or greater than 10 feet. Said trees shall be not less than six feet in height at the time of planting. In lieu of a planting screen, a decorative fence meeting requirements of the zoning ordinance may be used if along such a boundary.
[5] 
Safety/warning signage. Appropriate safety/warning signage concerning voltage shall be placed at ground mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.
[6] 
Location restrictions. Ground-mounted ASES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(53) 
Principal Solar Energy Systems (PSES).
(a) 
Uses permitted by special exception. A PSES shall be permitted as one of the uses permitted by special exception in the A-1 Agricultural District, A-2 Rural Agricultural District, B-1 Neighborhood Business District, B-2 Highway Business District, IN-1 Institutional District, and I-1 General Industrial District.
(b) 
Compliance with industry standards. The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM),), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code, regulations adopted by the Pennsylvania Department of Labor and Industry, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the permit application.
(c) 
Installers. PSES installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:
[1] 
Is certified by the North American Board of Certified Energy Practitioners (NABCEP) for solar thermal installation.
[2] 
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited solar thermal training program or a solar collector's manufacturer's training program and successfully installed a minimum of three solar thermal systems.
(d) 
Maintain in good working order. Upon completion of installation, the PSES shall be maintained in good working order in accordance with manufacturer's standards of and any other codes under which the PSES was constructed. Failure of the owner to maintain the PSES in good working order is grounds for appropriate enforcement actions by Dallas Township in accordance with applicable ordinances.
(e) 
Underground requirements. All on-site transmission and plumbing lines shall be placed underground to the extent feasible.
(f) 
Utility notification. The owner of a PSES shall provide Dallas Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection.
(g) 
Signage. No portion of the PSES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the PSES provided they comply with the prevailing sign regulations.
(h) 
Glare.
[1] 
All PSES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.
[2] 
The applicant has the burden of proving that any glare produced does not have a significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(i) 
Noise study. A noise study shall be performed and included in the zoning/building permit application. The noise study shall be performed by an independent noise study expert and paid for by the applicant. Noise from a PSES shall not exceed 50dBA, as measured at the property line.
(j) 
Tree and landscaping removal. No trees or other landscaping otherwise required by the Township ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a PSES.
(k) 
Contact information. The PSES owner and/or operator shall provide current contact information to the Township which includes at minimum a phone number and identifies a responsible person for the Township or public to contact regarding emergencies, inquiries, and complaints throughout the life of the project. The PSES owner and/or operator shall the Board of Supervisors a written plan outlining procedures on how complaints a will be addressed. For the life of the project, the current contact information shall be conspicuously posted upon locations throughout the property.
(l) 
Solar easements. Where a subdivision or land development proposes a PSES, solar easements may be provided. If a solar easement, intended to guarantee unobstructed solar access, is desired by the applicant and/or property owner for an ASES, such matter shall be carried out as a civil agreement between or among all applicable parties. Dallas Township shall not be a party to any agreement designed to provide a solar easement, nor shall Dallas Township be responsible for ensuring the maintenance of any solar easement. Said easements shall be in writing, and shall be subject to the same conveyance and instrument recording requirements as other easements. Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance.
(m) 
Decommissioning.
[1] 
The PSES owner is required to notify the Dallas Township Zoning/Code Enforcement Officer immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
[2] 
The PSES owner shall then have 12 months in which to dismantle and remove the PSES including all solar related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations, and other associated facilities from the property. The owner shall also restore the land to its original condition, including forestry plantings of the same type/variety and density as the original. If the owner fails to dismantle and/or remove the PSES and restore the land within the established time frames, Dallas Township may complete the decommissioning and land restoration at the owner's expense.
[3] 
At the time of issuance of the permit for the construction of the PSES and until the PSES is dismantled and removed, the owner shall provide financial security to Dallas Township, in the form acceptable to the Dallas Township Solicitor and in an amount acceptable to the Dallas Township Engineer, to secure the expense of dismantling and removing said PSES and restoration of the land to its original condition, including forestry plantings of the same type/variety and density as the original.
(n) 
Permit requirements.
[1] 
A Zoning Permit Application shall document compliance with this section and shall be accompanied by drawings showing the location of the PSES on the property, including property lines. Permits shall be kept on the premises where the PSES is constructed.
[2] 
PSES shall comply with Dallas Township zoning and subdivision and land development requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations.
[3] 
The PSES owner and/or operator shall repair, maintain, and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.
[4] 
Prior to the issuance of a zoning permit, PSES applicants must acknowledge in writing that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself: a) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or b) the right to prohibit the development on or growth of any trees or vegetation on such property.
[5] 
Routine maintenance or like-kind replacements do not require a new permit.
(o) 
Ground mounted principal solar energy systems.
[1] 
Lot size. A PSES shall require a lot size of not less than 10 acres.
[2] 
Setbacks. A PSES shall require a setback distance of not less than 100 feet to any property line.
[3] 
Height. Ground mounted PSES shall not exceed 20 feet in height.
[4] 
Lot coverage. The surface area of the arrays of a ground mounted PSES, regardless of the mounted angle of any solar panels, shall be considered impervious and calculated in the lot coverage of the lot on which the system is located. The PSES shall not exceed the maximum lot coverage requirements of the underlying zoning district.
[5] 
The applicant shall also submit a Stormwater Management Plan that demonstrates compliance with the Dallas Township Stormwater Management Ordinance at the same time that the application for a PSES is submitted.
[6] 
PSES owners are encouraged to use low maintenance and low growing vegetative surfaces under the system as a best management practice for storm water management.