The mobile home, travel trailer, pickup coach, or motorized home is placed on a parcel that contains a single-family dwelling that was rendered uninhabitable by fire, storm, explosion, or act of God, and the applicant for the permit had been occupying the single-family dwelling as his primary residence at the time of the adversity;

The single-family dwelling is in the process of repair or reconstruction at the time the permit is requested, or will be under repair or reconstruction within a reasonable period of time thereafter; and

The temporary living unit is equipped with adequate provisions for sanitation and is properly anchored to withstand normal weather conditions.

The movement and keeping of livestock and/or poultry shall be limited by a fence or other method of enclosure located a minimum of 150 feet from any residential lot line.

The operations shall be managed and operated solely by the individuals residing on the premises.

No agricultural accessory building shall be located within 150 feet of a residential lot line.

Storage of manure or odor- or dust-producing substances shall not be permitted within 200 feet of any property line if the abutting property is zoned R-1 or R-2.

Structures shall be a minimum distance of 20 feet from the highway right-of-way line.

A minimum of five off-street parking spaces must be provided in addition to those required under regulations for primary site uses.

All parking spaces shall be a minimum of 10 feet from the highway cartway.

Structures shall not exceed 10 feet in height and shall not exceed 300 square feet in area.

All structures, whether attached to the principal structures or not, including garages, carports or balconies above normal grade level, shall not project into any minimum front yard.

Addition of a porch, roof extension or platform. The minimum front yard depth may be reduced in R-1, R-2, and A-1 Districts by 10 feet in depth with the addition to the main structure of a porch, platform and/or roof extension. Said porch, platform and/or roof extension shall be a maximum of 10 feet in depth, including any soffit overhang, and shall not at any time be enclosed.

Video satellite dish installations shall be established to the rear of the front building line, and no portion of the unit or its mounting shall be situated within any required minimum side or rear lot. No portion of the unit or its mounting shall be attached in any manner to another structure or building.

A-1, R-1, and R-2 Districts.

B-1, I-1, and I-2 Districts.

In the case of flat-roof structures: highest point of coping.

In the case of mansard-roof structures: deckline of roof.

In the case of gable or hipped roof: average height of roof.

No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in Subsection C(2) of this section when measured at the following locations:

Maximum permissible noise levels are:

Sound measurements made to determine compliance with the conditions and standards of this section shall be made using a sound level meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications S1, 4-1971.

Any part or portion of a site that is being occupied and that is not used for buildings, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan. A replacement program for nonsurviving plants shall be included.

Any single parking area with 25 or more spaces shall utilize at least 5% of its area in landscaping.

At no time shall such parked or stored camping and recreation equipment (authorized mobile homes excepted) be used for residential purposes.

Parking and storing of camping and recreational equipment shall be limited to the interior of automobile garages, other available on-lot accessory buildings or to that portion of the lot to the rear of the principal building line.

If topographic conditions are such that compliance with the parking or storage requirements of this regulation would cause inconvenience or undue hardship, then parking to the front of the building line is permitted as a variance by the Zoning Hearing Board so long as the vehicular view or traffic is not obstructed.

Standard of care. The WCF applicant shall present documentation that the tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electric Safety Code, National Electric Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA 222-E Code, as amended).

Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCF's, generate radio frequency emissions in excess of the standards and regulations of the FCC including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Historic buildings or districts. No tower-based WCF may be located on a building, structure, or site that is listed on either the National or Pennsylvania Register of Historic Places or the Official Historic Structures and/or Historic Districts Lists maintained by the Township or that have been designated by the Township as being of historic significance.

Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township.

Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of the applicable noise standards under Pennsylvania law and Township regulations, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property within 500 linear feet of the property or parcel of the proposed facility.

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. As conditional use approval is required, the governing body shall render a decision within 45 days after the last hearing before the governing body. All other applications, including land development, for tower-based WCFs shall be acted upon within 90 days of the receipt of a fully completed application for the approval of such tower-based WCFs, and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period.

Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section.

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the conditional use application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.

Bond. Prior to the issuance of a permit, the owner of a tower-based WCF shall, at its own cost and expense, obtain a bond from a surety licensed to do business in Pennsylvania and maintain said bond, or other form of security acceptable to the Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure has been provided. The owner shall file a copy of the bond with the Township.

Development regulations.

Co-location. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Design regulations.

Surrounding environs.

Fence/screen.

Accessory equipment.

Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

Access road/lease area. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement and/or signed a lease agreement for the proposed facility.

Site plan required. In order to determine that the requirements of the conditional use and this section are met, the applicant shall present a site plan showing, at a minimum, the following items:

Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Township's regulations, Pennsylvania or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Conditional use, but is prohibited in rights-of-way of neighborhood collectors and residential access streets and in the Township's residential zoning districts (R-1 and R-2 Districts). No tower-based WCF shall be located within the rights-of-way or future rights-of-way of any neighborhood collector or residential access street as designated by the Township, nor will any tower-based WCF be located within a residential zone or within 500 feet of a lot in residential use or a residential boundary.

Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs in the ROW.

Height. Any tower-based WCF in rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 35 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.

Co-location. An application for a new tower-based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF in the ROW shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[1]

Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

Design regulations.

Additional antennas. As a condition of approval for all tower-based WCFs in the ROW, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Compensation for ROW use. In addition to any permit fees, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based WCFs.

If the application for a non-tower wireless communications facility WCF is a co-location, modification, or a replacement AND meets all of the criteria listed below in Subsection E(1)(a) through (e), then the requirements contained in Subsection E(2) below will be applicable. Should the application not be considered a co-location, modification, or replacement or if all the following criteria are not met, then the applicant shall be subject to the requirements of Subsection E(3) below.

The following regulations shall apply to all non-tower wireless communications facilities that are considered a co-location, modification, or replacement and that meet ALL of the criteria outlined in Subsection E(1) above:

The following regulations shall apply to all non-tower wireless communications facilities that are not considered co-locations, modifications, or replacements OR do not meet all the requirements of the criteria listed in Subsection E(1):

Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or previously approved wireless support structures, subject to the following conditions:

Design regulations.

Removal, replacement, modification.

Inspection. The Township reserves the right to inspect any non-tower WCF to ensure compliance with the provisions of this section and any other provisions found within the Township's regulations or Pennsylvania or federal law. The Township and/or its agents shall have the authority to enter the property upon which a non-tower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Co-location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

Design requirements:

Equipment location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[2]

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a non-tower WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any non-tower WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Compensation for ROW use. In addition to permit fees as described above, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township and authorized by resolution of Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.

In the A-1, B-1, I-1 and I-2 Districts as a conditional use.

The minimum site area of 10 acres shall apply to compressor stations in any zoning district they are provided for as a conditional use.

To minimize impacts of ongoing compressor station noise on surrounding land uses, a compressor station shall not be located any closer than 2,500 feet to another existing or proposed compressor station independent of who owns/operates the adjacent compressor station. If noise-controlling structures or technologies reduce on-site noise levels, said distance may not be applicable to said proposed compressor station as reviewed by the Township Planning Commission and approved by the Board of Supervisors.

All principal buildings and accessory structures shall be set back at least 1,500 feet from any protected structure including a minimum of 100 feet from any property line. For each 100 horsepower over 2,000 horsepower proposed as part of the total engine power on site, the setback shall be increased by 100 feet. To ensure health, safety and welfare of Township residents and businesses, the Township reserves the right to increase the minimum necessary setback distance from a property line based upon existing and/or proposed site conditions and/or in context of surrounding land use activity. These apply to electric-, gas- or petroleum-powered compressors.

Compressors shall be located within a completely enclosed building. During periods of normal operations, doors, windows and similar operations shall remain closed.

The building or noise abatement enclosure surrounding the engines and compressors shall be soundproofed as necessary to meet the maximum allowable noise levels permissible as specified by the Township's ordinances, state and federal law or/and regulations.

All property lines shall be screened by buffer areas for the distance necessary to screen buildings, structures, parking areas, storage areas and equipment.

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

The operator shall provide all material safety data sheets (MSDSs) for all materials produced, stored or distributed on site to the Township Emergency Management Coordinator a minimum of 30 days prior to their use.

The operators shall provide a site orientation for Township's emergency first responders regarding operations, equipment and chemicals present at the facility.

The operator shall provide a prioritized call list with names, addresses, and phone numbers for twenty-four-hour emergency contact.

Heavy truck traveling to and from the compressor station shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m., prevailing time. Emergency vehicles and field maintenance vehicles are exempted from this limitation.

Tracking of mud, dirt and debris onto Township streets shall not occur. In the event of such occurrence, measures shall be taken to clean any mud, dirt and debris from Township streets immediately upon notification.

The operator shall demonstrate continued compliance with all applicable local, state and federal permits and regulations.

No person shall place, deposit, discharge or cause to be placed, deposited or discharged any oil, petroleum, asphalt, tar, hydrocarbon substance or any refuse including wastewater or brine from any natural gas processing or treatment facility or the contents of any contained used in connection with any natural gas processing facility into, or upon any public right-of-way, alley, street, lot, storm drain, ditch or sewer, sanitary drain, lake, pond, creek or similar body of water or any private property without permits from the appropriate regulatory agencies.

The site shall be secured by a minimum eight-foot-high chain-link fence with a locking gate that shall be kept locked when employees are not on the premises.

The applicant/site developer shall maintain a current list of all subcontractors working on the site and each subcontractor's contact information. Said list shall be provided to the Township on at least a monthly basis.

All equipment and facilities shall comply with applicable performance standards of the Township, and, if the equipment and facilities exceed the limits established by the Township, the Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance with the standards.

Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 footcandle when measured 10 feet from any property line. To the extent permitted by safety considerations, exterior lighting shall be turned off between dusk and dawn, except during maintenance activities on the site.

Compressor stations shall have an adequate area improved with a dust-free all-weather surface which shall be provided on the site for parking maintenance vehicles during routine visits.

The Township reserves the right to impose the requirement of a risk assessment report related to the facility's safety and/or any and all reasonable safeguards or conditions necessary to implement the intent of this chapter and shall review the particular facts and circumstance of each proposed conditional use application in terms of the applicable use standards.

The operator shall take any and all appropriate measures and efforts to control and to curtail dust emanating from the site.

A waiver form from a property owner(s) may be signed relieving the operator from implementation of the measures established in this section of the chapter or other applicable provisions of Fallowfield Township. In the waiver, the owner must acknowledge that the operator is explicitly relieved from complying with the regulations applicable to this section. The waiver form must be notarized and provided to the Township.

In the A-1, I-1, and I-2 Districts as a conditional use.

The minimum lot area of 10 acres shall apply to natural gas processing and/or treatment facilities.

All principal buildings and accessory structures shall be set back at least 1,500 feet from a protected structure including a minimum of 100 feet from any property line. To ensure health, safety and welfare of Township residents and businesses, the Township reserves the right to increase the minimum necessary setback distance from a property line based upon existing and/or proposed site conditions and/or in the context of surrounding land use activity.

All property lines adjoining property in all zoning districts except A-1, I-1 and I-2 shall be screened by a buffer area for the distance necessary to screen buildings, structures, parking areas, storage areas and equipment.

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

The operator shall provide all material safety data sheets (MSDSs) for all materials produced, stored or distributed on site to the Township Fire Department and to the Township Emergency Coordinator a minimum of 30 days prior to their use.

The operator shall provide a site orientation for the Township's emergency first responders regarding operations, equipment, and chemicals present at the facility.

The operator shall provide the name, address and phone number for twenty-four-hour emergency contact.

All waste disposal and storage of gases or by-products shall be in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection (PA DEP) and any other applicable federal, state or local agency.

The site shall be secured by a minimum eight-foot-high chain-link fence with a locking gate that shall be kept locked when employees are not on the premises.

The operator shall demonstrate continued compliance with all applicable local, state and federal permits and regulations.

Heavy truck traffic traveling to and from the processing facility shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m., prevailing time. Emergency vehicles and field maintenance vehicles are exempted from this limitation.

All equipment and facilities shall comply with the standards of the Township Code.

Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 footcandle when measured 10 feet from any property line. To the extent permitted by safety considerations, exterior lighting shall be turned off between dusk and dawn, except during maintenance activities on the site.

The applicant/site developer shall maintain a current list of all subcontractors working on the site and each subcontractor's contact information. Said list shall be provided to the Township on at least a monthly basis.

Site activities must abide by the Township's regulations in terms of maximum sound level.

Natural gas processing and/or treatment facilities shall be subject to the design and parking requirements in this chapter.

The Township reserves the right to impose a risk assessment report related to the facility's safety and/or any and all reasonable safeguards or conditions necessary to implement the intent of this chapter and shall review the particular facts and circumstances of each proposed conditional use application in terms of the applicable use standards.

The operator shall take any and all appropriate measures and efforts to control and to curtail dust emanating from the site.

A waiver form from a property owner(s) may be signed relieving the operator from implementation of the measures established in this section of the chapter or other applicable provisions of Fallowfield Township. In the waiver, the owner must acknowledge that the operator is explicitly relieved from complying with the regulations applicable to this section. The waiver form must be notarized and provided to the Township.

All activities conducted in association with, and as a part of, oil and gas wells shall be in accordance with the laws of the Commonwealth of Pennsylvania existing, and, as amended, any applicable federal laws, and in compliance with all applicable Township ordinances.

The proposed oil and gas well(s) shall be located a minimum of 500 feet for a horizontal oil and gas well and 300 feet for a vertical oil and gas well from a protected structure. To ensure health, safety and welfare of Township residents and businesses, the Township reserves the right to increase the minimum necessary setback distance from a property line based upon existing and/or proposed site conditions and/or in context of surrounding land use activity. An oil and gas well is a conditional use that may only be constructed within the following zoning districts: A-1, R-1, R-2, B-1, 1-1, and 1-2 Districts.

The oil gas drill sites shall only be permitted to occur on property in all zoning configurations and with a minimum of 10 contiguous acres or larger. Multiple property owners can combine adjoining parcels to achieve the minimum to 10 acres required.

A conditional use application shall be accompanied with written permission from the property owner(s) who have a legal or equitable title in and to the surface of the drill site.

Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 footcandle when measured 10 feet from any property line. The property line in this case is referenced not only as on the ground itself, but when projected vertically at 90°. This light must be contained internally upon the applicant's site and not come within 10 feet in any direction of this threshold.

The applicant shall have obtained from the commonwealth, Township, federal regulatory agencies or authorities all permits required to be issued in accordance with applicable laws and regulations for the proposed use and the specific number of proposed wells to be drilled at the applicant's site, and said permits shall be provided to the Township prior to any activity taking place. Any suspension or revocation of permits by PA DEP shall be reported to the Township and shall constitute a violation of Township zoning approval and may result in the suspension or revocation of zoning approval.

The applicant shall provide the Township with a plan for the transportation of materials and substances (e.g., gas, water, oil) and equipment to construct and operate the proposed pad and facility. When using Township roads, the applicant shall obtain the necessary permits and sign a heavy hauling agreement, and, where applicable, an excess maintenance agreement and provide any bonds required by the Township. Access directly to state roads shall require Pennsylvania Department of Transportation (PennDOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the highway occupancy permit.

The Township reserves the right to designate required truck hauling routes throughout the Township. Use of Township roads for hauling equipment (e.g., water, etc.) shall not be permitted when roads are being used to transport students to and from school. The operators shall coordinate their efforts with the local school district and any private schools.

The applicant shall provide screening for any material that is to be stored outside of an enclosed structure in the event that any of the materials are readily visible from adjoining occupied residential properties.

The applicant shall provide and will continue to update a state-approved Preparedness, Prevention and Contingency Plan applicable to well leakage, spill containment, vandalism, creating unknown conditions, defective casing or cementing, potential communications between the well and public water supply and any other relevant area required to be addressed by said plan.

All driveways or entrances accessing the drill site shall be paved with an impervious material from the paved public street for a distance of 50 feet into the drill site. The impervious material shall be in place prior to the commencement of the drilling operation.

Prior to well spud, the applicant shall meet with the Township safety control individuals, including, but not specifically limited to the Fire Chief, State Police, Code Inspector, Township Engineer and County Emergency Management appointee to discuss or provide information regarding any proposed emergency responses to the Preparedness, Prevention and Contingency Plan. All associated materials shall be distributed to meeting attendees and the Township's municipal administrative office no less than one week prior to said meeting.

The applicant shall supply proof of any bonds posted or being held by the Pennsylvania Department of Environmental Protection (DEP) to ensure proper plugging when the well is classified as inactive by the DEP.

The applicant shall provide a schedule to the Township identifying dates for site preparation, anticipated drilling activity, anticipated completion, and anticipated stimulation or fracturing work to begin. The Township recognizes that said dates may be dependent upon variables such as the weather, availability of equipment, leasing permitting production and the like. However, such scheduling shall be updated and provided to the Township on a periodic basis (generally weekly) as requested by the Township.

The applicant, from the start of construction operations to the completion of operations, shall provide twenty-four-hour security, seven days a week at the access road. Further, if required by the Township safety and security personnel, the applicant will address all means necessary to protect its site and wellhead in a reasonable manner satisfactory to the Township.

The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the well site. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid and downstream facilities located within the Township and extending 800 feet beyond the Township boundary. The operator shall provide the Township with all state and federal permits that have been acquired, and any bonding agreements, and proof of ability to operate such lines. The operator shall provide the name and address of the owners, operators, and those in charge of maintenance and provide the information of the contact person for each.

The proposed access road to the well site shall be an improved, dust-free, all-weather surface constructed and maintained in such a manner that no water, sediment, or debris will be carried onto any public street. The applicant shall implement measures necessary (e.g., vacuum truck, wheel washers and the like) to ensure that no water, sediment, dust or debris is carried onto any public street. If, through time, originally installed surfacing and/or implemented measures result in water, sediment, or debris being carried onto any public street, said surfacing and measures shall be reevaluated and reconstructed with paving at lengths appropriate to achieve Township-stated results.

The applicant shall provide off-site parking area for transportation of materials and substances (e.g., gas, water, oil) and equipment to wait or be positioned while gaining entrance to the access road, and such parking shall be adequate so that it does not disrupt the normal flow of traffic on Township roadways.

The public street entrance on which a drill site is located shall at all times be kept free of mud, debris, trash or other waste materials. This shall apply to all applicants' activities, including their contractors and subcontractors, with regard to the compressor station; natural gas processing and/or treatment facilities; and, oil and gas drilling sites, pads, and other related activities.

There shall be no activities associated with the proposed use that will emit electrical disturbances adversely affecting the operation of radios or any equipment not located at the subject property.

The applicant shall comply with and meet all sound level regulations for both Township and state while operating at the compressor station; natural gas processing and/or treatment facilities; and, oil and gas drilling sites, pads, and other related activities.

There are to be no activities associated with the proposed use that will result in malodorous gas or matter discernible at any point on or beyond any line(s) of disturbance that have occurred on the site.

The applicant/site developer shall maintain a current list of all subcontractors working on the site and each subcontractor's contact information. Said list shall be provided to the Township on at least a monthly basis.

There is to be no visible smoke emission, except testing or emergency flares as regulated by DEP. The applicant shall comply with all applicable DEP and Environmental Protection Agency (EPA) air quality regulations.

All earthmoving activities and stormwater management on the subject property shall be subject to the terms and conditions of a DEP-approved erosion and sedimentation control plan and all related applicable permits. A copy of said plan and permit are to be provided to the Township for review prior to such work is to begin and shall be on file at the construction site.

Within the terms and conditions of this chapter and any other applicable ordinances of Fallowfield Township, federal laws and commonwealth laws, rules and regulations and statutes, the requested conditional use shall not be adverse to the public health, safety and welfare of Township residents and will comply with all ordinances, rules, regulations and statutes as noted above.

Unless otherwise identified by the Township heavy hauling agreement, the applicant shall, prior to any construction or activity, improve the street/road on which the development exists with such improvements, including, but not necessarily limited to, widening in certain areas, upgrading base and topcoat construction and resurfacing. Said improvements and maintenance shall continue throughout the course of activity taking place on the site. The proposed improvements shall be provided to the Township for review and approval, prior to such activity taking place. Said improvements, construction and resurfacing shall begin and be completed before paid construction commences.

All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accordance with the best accepted practices. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful effects are minimized by the operations carried on at the drill site to avoid adverse impact to persons living in the vicinity.

If the applicant receives a complaint or question from an affected resident concerning water qualities or quantities, the applicant shall address such complaint. In all cases, the Township must receive notification.

With regard to the operation or maintenance of the compressor station; natural gas processing and/or treatment facilities; and oil and gas drilling sites, and any transmission or transportation lines, the applicant shall provide the Township with contact information which will identify representatives of the applicant to be contacted 24 hours a day, seven days a week to address any issue, complaint and/or emergency.

If a reasonable complaint is registered with the Township, the applicant will address said complaint within 24 hours of notification to it and take whatever reasonable means necessary to alleviate and to cure said complaint should it be found to be with merit.

Fallowfield Township reserves the right to impose any other additional conditions necessary to protect the public health, safety and welfare of its residents in order to address any unique characteristics of a particular drilling site.

All applicants for compressor station; natural gas processing and/or treatment facilities; and/or natural oil and gas drilling sites, pads, and other related activities shall reimburse Fallowfield Township in addition to the fees enumerated in Subsection F, all professional consultant fees, advertising, and costs of public hearings incurred by the Township related to application for activities authorized by this section. Additionally, all applicants shall reimburse the Township for consulting fees and costs incurred in enforcing this section upon a finding of violation by a judicial decision.

The applicant shall provide flagmen, traffic control devices, etc., along the route to maintain the safe flow of traffic along said Township route.

The applicant acknowledges that if it fails to meet and maintain any condition as set forth by the Township or determined to be reasonable by any court of competent jurisdiction, then the conditional use permit may be revoked and all activity on said property ceased.

The applicant acknowledges and indicates that all contractors and subcontractors are retained according to Total Recordable Injury Rate (TRIR) Standards and contracts only with those individuals or contractors who have favorable TRIR.

The applicant acknowledges that if complaints regarding sound are received and that its activities exceed sound decibel levels greater than defined by any Township ordinance at receptor sites, the applicant shall take steps necessary to install sound muffling measures including sound walls, blankets, baffles, etc., to alleviate the noise.

The applicant, contractor and subcontractors shall inform their operators that jake-brake usage on trucks is prohibited. These applicants shall place signs along the access routes advising drivers of this restriction.

The applicant shall maintain at the property and file with the Township, a current list and Material Safety Data Sheet (MSDS) for all chemicals used in the drilling and fracturing operation.

The Township shall not in any matter assume any liability for any actions or nonactions committed by the applicant, its representatives, contractors or subcontractors at the proposed site subject to the conditional use.

The applicant shall comply with all Township ordinances related to construction activity, and activity for the construction of the proposed well pad or access road shall take place only during the hours of between 7:00 a.m. to 7:00 p.m. Monday through Saturday.

Truck idling on the site shall not exceed five minutes.

Sound-impact assessment or testing shall be provided to the Township as part of the conditional use application.

The operator shall take any and all appropriate measures and efforts to control and to curtail dust emanating from the site.

A waiver form from a property owner(s) may be signed relieving the operator from implementation of the measures established in this section of the chapter or other applicable provisions of Fallowfield Township. In the waiver, the owner must acknowledge that the operator is explicitly relieved from complying with the regulations applicable to this section. The waiver form must be notarized and provided to the Township.

As part of oil- and gas-related activities, an applicant shall establish a continuous seventy-two-hour ambient baseline noise level at the nearest protected structure, property line or 100 feet from the nearest protected structure (as measured from the closest exterior point of the building), whichever is closer to the protected structure. The baseline shall be established over a seventy-two-hour period with at least one twenty-four hour reading on a Saturday or Sunday. In lieu of establishing the seventy-two-hour ambient baseline noise level, the applicant may assume for the purposes of compliance with this condition a default ambient baseline noise level of 55 dBA.

The noise generated from operations measured at the locations described above shall not exceed the seventy-two-hour ambient baseline noise level as part of operations by more than 10 decibels.

Operations are permitted to generate noise in addition to the 10 decibels above the seventy-two-hour ambient baseline during the hours of 7:00 a.m. to 9:00 p.m. according to the following:

If a complaint is received by the Township regarding the noise generated by the operations, the applicant shall, within 24 hours of receipt of the complaint as relayed by the Township, have a certified independent acoustical professional approved by the Township continuously monitor for a forty-eight-hour period at the applicable point of measurement as established in Subsection E(1) above. If the noise levels set herein were exceeded, the Township may require acoustical blankets, sound walls, mufflers, or other alternative measures to be provided and installed by the applicant to ensure compliance.

All applications submitted by an applicant for a permit for compressor station; natural gas processing and/or treatment facilities; and/or, natural oil and gas drilling sites, pads, and other related activities authorized by this section shall be made on the application form provided by Fallowfield Township and shall submit an application fee in the amount of $1,500, which fee shall be applied to the costs.

This fee will cover any administrative Township costs, but will not cover costs the Township has to expend to attempt to enforce provisions of this chapter or to hire independent individuals and/or firms to determine continued compliance with the terms of this chapter.

The Board of Supervisors may, at any time by way of resolution, amend this chapter to set and/or change fees, including application fees.

Purpose. Bufferyard "A" is designed to provide for adequate screening between uses and districts exhibiting the greatest potential conflict in terms of density and intensity.

Depth of bufferyard: 40 feet.

Base planting standards. Plantings in groupings or planted evenly along the perimeter shall be installed at a rate of one high-level planting for every 50 feet or one ornamental tree for every 30 feet.

In addition to the base planting standards, plantings and screening shall be furnished through one or a combination of the following to provide a solid visual screening:

Purpose. Bufferyard "B" is intended to provide for the visual screening between uses which possess inherent contrasts in types and functions of similar use, namely between forms of residential and lower impact forms of commercial development.

Minimum depth of bufferyard: 20 feet.

Bufferyard "B" shall contain a minimum of one row of plantings consisting of a mixture of high-level and ornamental trees which include sufficient evergreen trees of a proportion and species sufficient to ensure the 60% of the row will provide a solid visual screening within three years of planting, with the remaining portions screened to a height of six feet through a combination of mounding, decorative fencing as per the standards of Bufferyard "A" and/or low-level plantings.

Purpose. Bufferyard "C" is designed to provide visual screening between varied uses in mixed use and transitional neighborhoods and between varied uses that possess minimal, yet potential, conflicts with respect to the density and intensity of use.

Depth of bufferyard: 10 feet.

Bufferyard "C" shall be comprised of a continuous, compact evergreen hedge combined with decorative fencing as specified under Bufferyard "A" or mounding in a manner that provides six feet in height of screening; or a line of high-level plantings as evergreen trees that will grow together when mature.

Planting required in bufferyards other than this section cannot be substituted for any required planting mandated by this section.

Where bufferyards are required and in land developments where additional landscaping is required, a landscaping plan, with detailed drawings, shall be submitted with the application for approval of the land development, and this landscaping plan shall contain and show the following information:

For nonresidential developments which have a building or buildings with a gross floor area of 10,000 square feet or more and/or which have parking areas containing more than 50 spaces, a landscaping plan shall be required which is in compliance with this section, subject to approval by the Township.

For residential land developments containing multifamily dwellings or duplex dwellings, at least one deciduous tree shall be planted for each four multifamily dwelling units or portion thereof.

All trees which are required to be planted as per the regulations of this section shall be a minimum of two inches in diameter at breast height (dbh) at the time of planting measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices.

In all zoning districts, all areas not utilized for buildings, structures, screening, parking facilities, driveways or other paved areas shall be graded to conform to existing contours on adjacent properties and to contain stormwater runoff on the lot. These areas shall be seeded, sodded or landscaped within one year following the completion of grading and/or construction activities. Continued maintenance of soil erosion and sedimentation control techniques as approved by the Township Engineer shall be required until such planting can be accomplished.

The landowner and/or developer shall provide the Township with performance security, as required by Chapter 350, Subdivision and Land Development, during development of the site to guarantee proper installation of the required landscaping and bufferyard materials required by this chapter and as shown on the Township-approved landscaping plan.

The landowner and/or developer shall provide the Township with maintenance security to guarantee the maintenance and survival of the landscaping and bufferyard materials installed on the subject property in accordance with this chapter and the Township-approved landscape plan. This maintenance security shall be in the amount of 15% of the total cost of the landscaping and bufferyard materials shown on the Township-approved landscape plan for a period of 18 months from initial planting and certification by the Township Engineer and/or Township landscape consultant.

All such performance security and maintenance security shall comply with the requirements and the release of the performance security, and maintenance security shall be handled consistent with the requirements of Chapter 350, Subdivision and Land Development.

The height of any such antenna or structure shall not exceed 65 feet above ground level.

Antenna or antenna structures shall be at least 30 feet from the rear of the principal structure on the lot and may not be located in the front yard area.

Associated supports or guy wires shall be no closer than five feet to any property line.

The construction of all such antennas and antenna structures must conform to the Pennsylvania Uniform Construction Code.

An applicant for an amateur radio service communications antenna or antenna structure must provide a copy of the applicant's insurance certificate showing general liability coverage in a minimum amount of $100,000 prior to the issuance of the permit.

Stacking lanes with a minimum capacity for up to five vehicles shall be provided for vehicles waiting to use automatic car wash facilities and two vehicles per bay for self-service car washes. For the purpose of this requirement, the size of a vehicle shall be equal to the size of the parking stall required by this chapter. The Township may require the submittal of a traffic analysis to determine the minimum required stacking lane length.

Parked or waiting vehicles may not block sidewalks, internal access drives, ingress or egress points, or extend to adjoining streets.

No storage or repair of vehicles shall be allowed within the car washing facility.

A concrete straight curb of at least eight inches in height shall be installed around the entire perimeter of the paved area to prevent vehicles from being driven onto, or parked with any part of, the abutting grass, landscaped areas, sidewalks, streets, buildings, or adjoining property.

Buildings shall be oriented so that open bays, particularly for self-service car washes, do not face onto adjacent streets unless screened from view or sufficient landscaping is provided to prevent overspray from blowing onto the street right-of-way.

All washing activities shall be carried on within the building.

Self-service vacuuming facilities (if provided) shall be provided at the entrances to each bay for use by the stacked vehicles. If additional self-service vacuum, shampoo, fragrance, or other such facilities are provided, they shall be located in areas outside stacking lanes and areas needed for access to other facilities within the site. An area the size of the parking stall required by this chapter shall be reserved adjacent to each station. All vacuuming stations shall include an integrated or adjacent trash receptacle, and shall be located at least 50 feet from adjacent residentially zoned or used property.

Sufficient space shall be provided on the subject lot so that vehicles do not enter or exit the car wash building directly from an adjacent street. All maneuvering areas, stacking lanes, and exit aprons shall be located on the same parcel as the car wash building or facility. A sufficient distance shall be maintained between the exit door of the car wash building to the nearest exit driveway to permit adequate time for excess water to drip off the vehicle prior to exiting to street rights-of-way. Additional devices, such as rumble strips, mechanical dryers, etc., may be proposed to lessen the required distance, upon approval by the Township. Under no circumstances shall the use be permitted to cause or contribute to icing problems on adjoining or adjacent streets.

One parking stall for each employee on the largest shift, plus one additional stall, or a minimum of two stalls shall be provided. The required parking stalls shall not be part of, or interfere with, access to the car wash building or other related facilities. The parking stalls shall be designed to permit access to and from the stalls assuming all required stacking lanes and other areas reserved for vacuuming or other activities are occupied.

Purpose. The cluster subdivision is intended to encourage the development of single-family detached neighborhoods in a manner that considers and ultimately preserves the natural and environmental limitations and assets of the Township and fosters preservation of open space or agriculture.

Permitted principal uses. Single-family dwellings and accessory structures.

Lot bulk standards.

General bulk and open space standards.

All repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.

All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence.

All vehicles awaiting repair shall be stored on the lot in an approved storage area and, in no case, shall said vehicles be stored on or obstruct access to a public or private right-of-way.

Where supplemental retail service is proposed, off-street parking shall be provided as required for retail in addition to service station standards.

Supplemental retail service space shall not exceed 2,000 square feet.

Gasoline pump islands and canopies shall not encroach upon the front yard setback of the zoning district in which they are located.

All fuel, oil and similar substances shall be stored at least 25 feet from any property line.

All activities and livestock shall be constrained by a fence which otherwise meets the requirements of this chapter within an area a minimum of 20 feet from adjoining property lines.

No structure housing operations of the hobby farm shall be placed within the required front yard.

Storage of manure, odor- or dust-producing substances shall be located at least 200 feet from any property line.

Adequate provisions shall be made to contain all poisonous or obnoxious odors or fumes.

The application process for approval of planned residential development shall be consistent with Act 247, as amended, and shall consist of the following steps:

The application for tentative approval shall include the following:

Applications for final approval shall include any drawings, specifications, covenants, easements, performance bonds and other such requirements as may be specified by local officials at the time of tentative application approval. Additionally, any and all other reports, specifications, and plat details as required by Chapter 350, Subdivision and Land Development, as otherwise applied to final subdivision approval shall be required. Fees as required by the Township Fee Schedule[2] shall be submitted.

The following requirements shall govern the approval and development of planned residential developments in the Township of Fallowfield.

Permitted uses. A building may be erected or used, and a lot may be used or occupied for any of the following purposes:

Within a planned residential development, the following percentages of the total land area and uses shall be devoted to the specified uses listed herewith:

Residential density shall not exceed six dwelling units per gross acre of land within the development.

Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedications.

In cases where the Township will not be accepting dedications of streets, recreation areas or open spaces, the landowner shall provide for an organization or trust for ownership and maintenance. In the event of default the Township may assume control and the resulting costs may be accessed against the properties that have right of enjoyment of these spaces and facilities as specified by applicable state statutes (Act 247, as amended).[5]

The dimensions and construction of roads and parking areas within the development, whether or not dedication to the Township is contemplated, shall conform with all applicable Township ordinances and regulations.

Tentative plan approval criteria. The Board of Supervisors shall grant approval of a tentative planned residential development, provided that the plan meets the following criteria:

Where not otherwise specified in this section, planned residential development shall be subject to all approval criteria, procedural requirements, modification standards, and enforcement remedies as set for in the Municipalities Planning Code, Act 247, as amended.

Offset in the front wall of the building of at least two feet.

Front porch with varying roof style or offset of at least two feet from the adjoining unit porch.

Change in building facade treatment applied to at least 40% of the building facade of each unit.

Change in roof pitch or design.

Building facades shall utilize finished materials that incorporate architectural design elements to create continuity with adjacent buildings on the site.

Building facades that are viewable from a public street shall consist of a combination (minimum of two) of horizontal and vertical breaks including, but not limited to, the following:

Building facades that are viewable from a public street shall utilize natural building materials such as brick, stone, glass, wood and similar materials.

Building facades that are viewable from a public street shall have an articulated break at least every 30 feet, measured horizontally.

Mechanical equipment designed to be located on the roof of a structure must be screened with typical building materials approved by the Zoning Officer.