All new construction of buildings or structures.

All exterior building improvements requiring a building permit.

All sign changes for which a conditional use permit is not required but which requires a building permit (Overlay District standards are applicable only to the changed element or improvement).

Renovations for which a conditional use permit is required under the provisions of the Pennsylvania Uniform Construction Code (UCC),[1] as in effect at the time of the renovation (all applicable standards apply).

All new or reconstructed parking areas with five or more spaces.

Hazleton Industrial Supply (formerly Wagner Brothers Hardware), ca. 1915, 1928; 354 West Broad Street, eligible.

American Legion Post #76, ca. 1928; 328 West Broad Street, eligible.

First Presbyterian Church, ca. 1869; 201 West Broad Street, eligible.

The Altamont, ca. 1924; corner of Broad and Church Streets, eligible.

Hazleton National Bank Building, ca. 1924; 101 West Broad Street, eligible.

American Bank and Trust Company, ca. 1924; 2–8 East Broad Street, eligible.

Former U.S. Post Office, 145 East Broad Street (now Lackawanna Community College), ca. 1908, 1933, eligible.

The Markle Bank and Trust Building, ca. 1910, 1923; 8 West Broad Street, listed.

Hazleton City Hall, 40 North Church Street, eligible.

Pioneer Fire Company, 55 North Wyoming Street, eligible.

Painted concrete block;

Aluminum, vinyl, or fiberglass siding; and

Asphalt shingles.

No exterior neon lighting shall be permitted.

No neon lighting shall be permitted that outlines windows or architectural features, such as doors, roof, cornices, and the like.

Neon signs shall be permitted only in a window display.

No neon sign shall be permitted above the first floor.

All neon signs shall comply with all standards established by the National Electrical Safety Code.

Number of signs. One sign per establishment shall be permitted.

Area and height. The maximum area shall be eight square feet per side of sign. The width of the sign shall not exceed two linear feet. The maximum height shall be four feet.

Location. Signs may be placed on a sidewalk directly in front of the applicant's business establishment and may only advertise as to the applicant's business. No off-premises advertising shall be permitted. The sign shall be placed on that part of the sidewalk closest to the associated use. The sign must be placed so as not to interfere with or obstruct pedestrian or vehicular traffic. Signs may not be anchored to the sidewalk or attached or chained to poles, newspaper vending boxes, or other structures or appurtenances.

Design. The sign frame shall be painted or stained wood or anodized aluminum or metal. Spray-painted signs are prohibited.

Maintenance. The owner of the property and the proprietor of the business premises shall be jointly and severally responsible for keeping the area surrounding ground signs neat, clean, and well maintained.

Permanent banners, streamers, inflatable objects, twirlers, and like objects.

Signs painted directly on structures, except signs painted directly on unpainted brick, where City Council agrees with the recommendation of the City Planning Commission that such signs have historical value or where such signs successfully evoke the Downtown Business District era. A sign painted directly on a structure cannot be the primary sign for any business located within. The bottom of any sign painted directly on a structure must be located at least 10 feet above ground level.

Flashing, intermittent, or changing color light, including LED, fiber optic signs, strobe light, or highway flashers.

All permitted window lettering and window signs shall be of professional quality and applied to the interior of the window.

Window lettering or signs shall pertain only to the establishment occupying that portion of the premises in which the window is located.

Sign, size, number, height, location and area requirements.

No commercial establishment shall be permitted a total of more than two signs.

Where there is a business or office floor above the first floor in a two-story building that is not the same business as is located on the first floor, each such business shall be permitted one sign not more than 18 inches high or more than three feet wide, such sign to be placed or painted on the window of the business or office or projected on suitable ornamental bracket from the building facade.

Projecting signs must be attached to the building by an ornamental bracket.

No projecting sign, including brackets, may project more than 42 inches from the building to which it is attached.

A projecting sign shall not be larger than 5% of the area of the facade to which it is attached. Ornamental brackets to which a projecting sign may be attached are not included in such 5% calculation.

No more than one projecting sign is permitted for each entrance door.

The bottom of any projecting sign must be at least 7 1/2 feet above ground level, and its top may not extend higher than whichever of the following is lowest: 25 feet above grade or the top of the sills of the first level of windows above the ground floor.

The storage of materials, stock, or inventory shall not be permitted in any window display area ordinarily exposed to public view is discouraged.

Obstructing ground-floor windows from the interior of a building with shelving, display cases, signs, or other objects is discouraged.

All commercial window treatments, including blinds, shades, or curtains, shall be maintained in a clean and attractive manner.

Window display areas of vacant store fronts shall be maintained in good condition and in accordance with the regulations in this chapter.

Replacement of missing bricks, repainting with same color and type of mortar, and reconstruction with brick matching in color, size, and shape.

Replacement of conforming siding, moldings, fascia boards, gutters, railing units, shutters, awnings, canopies, shingles, and other exterior surfaces when there is no change in design, materials, or general appearance. Any replacement or alteration of nonconforming siding, moldings, fascia boards, awnings, canopies, signs, or other exterior surfaces is required to be reviewed by the City Planning Commission.

Replacement of windows when they are of like material, in size, shape, and appearance. A change from wooden to metal or vinyl storm windows (particularly on historic structures) is required to be reviewed by the City Planning Commission.

The natural color of materials to be applied, including the colors of any paint or manufactured product on the exterior buildings, walls, or addition.

The type and finish of all materials to be applied to the exterior surface of the building, walls or addition, sign placement, and awning placement.

Current photographs of the subject building and adjacent buildings.

Separate renderings of any and all proposed signs and/or awnings, including:

Approval. If the proposed alteration or new construction is determined to have no adverse impacts by the City Planning Commission on the DOD and does not violate the spirit and purpose of the chapter, then the City Planning Commission shall recommend to City Council that it issue the COA.

Approval subject to conditions. Upon determination that a COA is in compliance, except for minor modifications, the conditions for approval shall be identified and the applicant shall be given the opportunity to correct minor deficiencies. The applicant may resubmit the COA to the City Planning Commission for final review after conditions have been met. The City Planning Commission shall review and recommend approval of the resubmitted application materials to City Council, if all required conditions have been addressed.

Denial. Upon determination that a COA application does not comply with the standards and regulations set forth in this chapter, or that the proposed alteration will have an adverse effect on the DOD, or the COA application requires extensive revision in order to comply with said standards and regulations, the City Planning Commission shall recommend that City Council deny the requested COA.

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), or other similar certifying organizations, and shall comply with the PA Uniform Construction Code,[1] 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.

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:

Maintain good working order. Upon completion of installation, the PSES shall be maintained in good working order in accordance with manufacturer's standards 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 enforcement action by the Zoning Officer under this chapter.

Underground requirements. All on-site transmission and plumbing lines shall be placed underground.

Utility notification. The owner of a PSES shall provide 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.

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 it complies with the nameplate and identification sign requirements of Article IX of this chapter.

Glare. All PSES shall be placed so that concentrated solar radiation or glare does not project onto nearby properties, structures, buildings, and roadways. 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.

Noise study. A noise study shall be performed and included with the zoning 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 50 dBA, as measured at the property line.

Buffer and screening requirements. A PSES shall comply with the buffer and screening requirements of Article X of this chapter when adjoining a residential use or zone. When not adjoining a residential use or zone, a planted or screened buffer of 75 feet along all property lines shall be created. In lieu of installing the buffer along the property lines, the screening shall be permitted to be located immediately outside of the perimeter of the solar energy fenced area. Except for access drives, utilities and stormwater management facilities, the required buffer shall include preservation of existing mature vegetation or newly installed vegetation, walls or fences, or topography, or other screening treatment, so as to achieve a minimum of 50% opacity throughout the year as viewed from any adjoining property line that is located outside of the solar energy development area and not subject to the application, at a minimum height of six feet, measured at the time of the major energy system commencing operation. No trees or other landscaping required as a condition of approval may be removed during the installation or operation of a PSES. Existing vegetation on the property shall be preserved to the greatest extent possible to meet the buffer or screening requirements of this subsection without restricting solar access.

Contact information. The PSES owner and operator shall provide current contact information which includes a phone number and identifies a responsible person for the City and public to contact regarding emergencies, inquiries and complaints for the duration of the project. The contact information shall be conspicuously posted on the property so that a person would not believe they were trespassing while viewing it.

Emergency preparedness plan. The owner and operator shall furnish a written emergency preparedness plan providing details about any fire-suppression systems proposed and outlining the procedures on how emergencies will be handled. The plan shall include the manner in which the owner and/or operator will coordinate with local emergency service providers in the event of an emergency.

Solar easements. Where a solar easement is proposed for a PSES, a written agreement in recordable form constituting a covenant running with the land shall be provided as part of subdivision and land development approval. The City shall not be a party to any agreement, nor an intended third-party beneficiary, and shall not be responsible for enforcement or maintenance of any solar easement. The owner or operator shall be responsible for negotiating with other property owners needed for the PSES for any necessary solar easements.

Performance standards. Where a performance standard under this subsection is more restrictive or contradicts a performance standard under Article X of this chapter, the performance standard under this subsection shall control.

Land development. All PSES shall require land development approval.

Decommissioning. The PSES owner is required to notify the Zoning Officer immediately upon cessation or abandonment of the use, or if no electricity is generated by the system for a continuous period of 12 months. The PSES owner shall then have six months in which to dismantle and remove the PSES, including all solar-related equipment and appurtenances, including but not limited to buildings, cabling, electrical components, transmission and plumbing lines, roads, foundations and other associated facilities from the property. The PSES owner shall restore the land upon which the PSES was located to its original preconstruction condition. If the PSES owner fails to dismantle and remove the PSES and restore the land within six months, the City may, but shall not be required to do so at the PSES owner's expense.

Financial security. Before the Zoning Officer issues a zoning permit for the construction of the PSES, the owner shall provide financial security to the City to secure the expense of dismantling and removing the PSES and restoring the land to its original condition. The financial security shall be in the amount of 110% of the costs of decommissioning. The decommissioning funds shall be posted and maintained during the life of the project in the form of a performance bond, irrevocable letter of credit or other financial form of security acceptable to City Council. An independent and certified professional engineer shall be retained by the City at the owner's cost to estimate the total cost of decommissioning without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment. Thereafter, the owner shall retain an engineer to provide the City with cost estimates of decommissioning after the first year of operation and every fifth year thereafter.

Setbacks. The solar energy fenced area must be set back from all adjoining property lines located outside of the solar energy development area a minimum of 100 feet, or 150 feet when adjoining a residential use that is located on an adjoining property that is located outside of the solar energy development area. The minimum setback from a public or private road or private right-of-way or easement shall be 75 feet. The required setbacks do not apply to interior lot lines where the solar energy development area includes multiple lots and crosses over interior lot lines.

Maximum impervious coverage. For purposes of this section of the chapter, the lot coverage limitations of the underlying zoning district are not applicable. Maximum percent of impervious coverage shall comply with Chapter 475, Subdivision and Land Development. While the area beneath the solar panel arrays is considered pervious cover, the following components of a PSES shall be considered impervious coverage:

Site disturbance. Site disturbance, including but not limited to grading, soil removal, excavation, soil compaction, and tree removal in connection with installation of the PSES shall be minimized to the extent practicable.

Access. A minimum ten-foot-wide gravel access drive shall be provided within a 20 feet access easement connecting the solar energy fenced area to a public or private road so as to assure adequate emergency and service access is provided. Gravel access drives shall not be required to be installed within the property for on-site circulation between the rows of solar panel arrays.

Liability insurance. The PSES owner shall maintain a general liability insurance coverage in the minimum amount of at least $2,000,000 per occurrence and property damage coverage in the minimum amount of $2,000,000 per occurrence naming the City as a certificate holder. An umbrella liability insurance coverage shall also be maintained with coverage to be not less $5,000,000 for each occurrence and in the aggregate. Certificates of insurance for the above required coverage shall be provided to the Zoning Officer annually.

Minimum lot size. The Major Energy System Development Area shall be 10 acres, which may be the combination of land area located on multiple adjacent lots.

Parking. If the PSES is fully automated, adequate parking shall be required for maintenance workers. If the PSES is not automated, the number of required parking spaces shall be equal to the number of people on the largest shift plus overflow spaces equal to 20% of the required spaces based on the number of employees, but not less than three parking spaces.

Safety requirements.

Other regulations. The applicant shall demonstrate that the required permits and licenses from the Federal Energy Regulatory Commission, the Pennsylvania Department of Environmental Protection, the Pennsylvania Public Utility Commission, and other agencies have been obtained. The applicant shall also document compliance with all applicable state and federal regulations by providing to the City copies of all required documents, studies, and responses (e.g., National Environmental Policy Act, Pennsylvania Natural Diversity Inventory submission, Pennsylvania Historical and Museum Commission compliance, U.S. Fish and Wildlife Service, the Department of Conservation and Natural Resources and the Pennsylvania Game Commission).

Design standards. The design of the PWEF shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL) Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society of Testing and Materials (ASTM), or other pertinent certifying organizations and comply with all applicable building and electrical codes of the City. The applicant shall submit certificate of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations. The manufacturer specifications shall be submitted with the zoning permit application.

Noise. The audible sound from the wind turbine shall not exceed 45 A-weighted decibels, and shall also not exceed 55 C-weighted decibels, as each is measured at the lot line of a property of a nonparticipating landowner within one mile or less from the nearest property line on which a wind turbine is located unless a written waiver is provided by the owner of such property. This requirement shall be a maximum noise level using a Lmax standard, and not based upon an average. Audible tones from electrical or mechanical components are prohibited. Measurements shall comply with ANSI/ASA S12.9 Part 3, Short-Term Measurements with an Observer Present; S 12.100, Methods to Define and Measure the Residual Sound in Protected Natural and Quiet Residential Areas; and Computer Modeling shall comply with ANSI.ASA S12.6 (ISO9613-2) Attenuation of sound during propagation outdoors, Part 2, General Method of Calculation. The maximum noise limits shall be reduced to 42 A-weighted and 52 C-weighted decibels between the hours of 10:00 p.m. and 7:00 a.m. However, the noise limits shall not be reduced below 45 A weighted decibels where the applicant provides evidence that the current continuous background sound level without the wind turbines would be higher than 42 A-weighted decibels. The continuous background sound level shall be determined per the methods of ANSI/ASA S12.9 Part 3 and ANSI/ASA S12.100.

Vibrations. A wind turbine shall not cause vibrations through the ground which are perceptible beyond the property line of the parcel on which it is located. Wind turbines shall not cause airborne vibrations which are perceptible to people or structures.

Accessory buildings, structures and mechanical equipment. When an accessory building or structure is necessary, it shall comply with the principal building requirements of the underlying zoning district. Accessory buildings, structures and equipment associated with PWEF shall be screened from any adjacent property that is residentially zoned or used for residential purposes under Article X of this chapter. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of this chapter may be used. The design of accessory buildings and related structures shall, to the extent reasonable, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.

Underground requirements. On-site transmission and power lines between wind turbines shall be placed underground.

Utility notification. The owner of a PWEF shall provide written confirmation that the public utility to which the PWEF will be connected has been informed of the intent to install a grid-connected system and approved of such connection.

Signage. PWEF shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner or operator.

Lighting. PWEF shall not be artificially lighted, except to the extent required by the Federal Aviation Administration, the Pennsylvania Department of Transportation Bureau of Aviation (BOA) or other applicable authority that regulates air safety.

Color. PWEF shall be painted a nonreflective, flat color such as white, off-grey or grey unless required to be colored differently by FAA or BOA regulations. The design of buildings and related structures shall, to the extent reasonable, use materials, colors, textures, screening and landscaping that will blend the PWEF into the natural setting and existing environment.

Braking system. All PWEF 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.

Shadow flicker. The applicant shall provide an analysis with a map of the shadow flicker impacts of the project upon any nonparticipating landowner's property that will be impacted by this effect. The analysis shall be conducted by a qualified professional using generally accepted modeling methods, and shall estimate the number of hours per year that a nonparticipating landowner's property will be impacted by shadow flickering. No lot line of a nonparticipating landowner's property shall be affected by shadow flicker for a total of more than 20 hours per year, and no more than 30 minutes per day. Such analysis shall include recommendations for conditions that may be established by City Council to minimize the number of affected nonparticipating landowners' properties, the hours affected and the severity of the impacts from shadow flicker. This provision shall not apply to an affected property if a written and signed waiver is provided by the owner of said property. A PWEF shall be designed in such a manner as to not cause shadow flicker on a roadway.

Location. No part of any PWEF shall extend over parking areas, access drives, driveways or sidewalks. No blade or any component part of a PWEF shall extent beyond the boundaries of the overlay zoning district in which it is located. Wind turbines shall be separated from each other by a minimum distance of five times the diameter of the rotors.

Liability insurance. The PWEF owner shall maintain a general liability insurance coverage in the minimum amount of at least $2,000,000 per occurrence and property damage coverage in the minimum amount of $2,000,000 per occurrence naming the City as a certificate holder. An umbrella liability insurance coverage shall also be maintained with coverage to be not less $5,000,000 for each occurrence and in the aggregate. Certificates of insurance for the above-required coverage shall be provided to the Zoning Officer annually.

Ice throw. The potential ice throws or ice shedding for a PWEF shall not cross the property line on which a PWEF is located nor impinge on any right-of-way or overhead utility line.

Electronic interference. The facility owner and operator shall ensure that the design and operation of any PWEF avoids any disruption or loss of radio, telephone, television, cell, Internet, VOR signalization for aircraft, or similar signals, and shall mitigate any harm caused by the wind energy facility.

Lot size. In order for a tract of land to be eligible for a PWEF, it shall have a minimum lot size of three acres for each wind turbine.

Setback distances.

Height. The maximum wind turbine height shall not exceed 450 feet and comply with all regulations imposed by the FAA.

Visual impact and analysis.

Property values. The applicant shall submit an analysis by a qualified appraiser of the actual impacts upon residential property values of a similar set of wind turbines in a mostly rural community within the United States. Such analysis shall compare changes in property values of impacted dwellings to changes in property values of nonimpacted dwellings over the same time period. Properties within a one-mile radius of a wind farm shall be considered, as well as properties outside that radius. The study shall be completed by an appraiser who has an active MAI, SRA or SRPA certification from the Appraisal Institute. The appraiser must also have a Pennsylvania appraiser license.

Warnings.

Safety and security.

Use of public roads.

Local emergency services.

Performance standards. Where a performance standard under this subsection is more restrictive or contradicts a performance standard under Article X of this chapter, the performance standard under this subsection shall control.

Decommissioning.

The minimum lot size shall be 10 acres.

A compressor station shall not be located closer than 2,500 feet from another compressor station.

No compressor station shall be located closer than 1,500 feet from any dwelling or school.

Compressors shall be located completely within an enclosed building. During periods of normal operations doors, windows and similar operations shall remain closed. Only electric-powered compressors may be utilized.

A compressor station's noise level shall be equal to or less than 60 dBA at the property line for the oil and gas compressor station's site and all adjoining properties.

The application must provide the ESCGP-2 Plan and a post construction stormwater management plan prepared by a licensed professional engineer licensed in the Commonwealth of Pennsylvania.

Land development approval is required under Chapter 475, Subdivision and Land Development.

The operator shall provide all material safety data sheets (MSDSs) for all materials produced, stored or distributed on site to the City and its Emergency Management Coordinator within 30 days prior to commencement of the use.

The operator shall provide an emergency management plan to the City at the time of approval of the use. The plan shall be completed in coordination with the Fire Department.

The operator shall provide and keep current a prioritized call list with names, emails, addresses and phone numbers for twenty-four-hour emergency contact at the time of its application.

The operator shall take measures to make certain that no mud, dirt and debris is deposited onto public roads.

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

Lighting shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties.

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

Operators shall take all measures necessary to make certain that dust does not emanate from the site.

Where a performance standard under this subsection is more restrictive or contradicts a performance standard under Article X of this chapter, the performance standard under this subsection shall control.

In addition to the requirements for a site plan for a zoning permit under this chapter, the applicant shall indicate on the site plan all information necessary to show compliance with the supplemental regulations of this subsection.

Except for a gas or oil pipeline, a minimum lot size of 10 acres is required and a minimum lot depth and width of 500 feet each shall be required for all oil or gas operations.

Except for a gas or oil pipeline which shall be located a minimum of 50 feet to an adjoining property measured from the outermost edge of any easement, a minimum setback of not less than 500 feet shall be maintained to any adjoining property line, residential dwelling unit, occupied building, and public road right-of-way. 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 permitted access drives.

An oil or gas operation shall be set back a minimum distance of not less than 750 feet from any stream, spring, body of water, or wetland.

Except for a gas or oil pipeline, a buffer yard along all property lines of not less than 100 feet in depth planted with deciduous trees shall be maintained in such a manner as to obstruct the view of the oil or gas operation from adjoining properties and public rights-of-way of not less than 75 feet in depth. The governing body may take into consideration the topographic features and existing natural vegetation which may provide natural buffering to adjoining areas as opposed to requiring the applicant to plant deciduous trees within the buffer yard. It shall be the responsibility of the applicant and property owner to maintain all buffer yards in good condition, replacing any dying or dead plants or deteriorating landscape material.

The height of a drilling rig and other temporary facilities on site shall be exempt from the height limits of this chapter. Permanent structures, whether principal or accessory, shall comply with the height and other dimensional and bulk limitations applicable to the underlying zoning district.

Multiple wells may be approved on one oil or gas well pad. A separate application and zoning approval shall be required for each well.

A land development plan is required under Chapter 475, Subdivision and Land Development.

A stormwater management plan is required under Chapter 424, Stormwater Management.

The required amount of off-street parking shall be a minimum of one space for each person working on the property. Off-street parking and loading shall comply with Article VIII of this chapter except all vehicle parking and staging areas shall be set back not less than 150 feet from any property line. In addition, 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.

The applicant shall comply with all applicable state and federal regulations and provide copies of all state or federal permits and approvals to the Zoning Officer before the commencement of any work. Notification to the Zoning Officer shall be given immediately following any suspension or revocation of state or federal approvals or permits. Any approval by City Council shall be contingent upon compliance with all state and federal regulations, permits and approvals at all times during the oil or gas operation.

Access to any oil or gas operation shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of streets. The following shall apply:

The applicant shall be liable for the full and complete repair and restoration of all damages of whatever nature to all City streets directly caused by trucks associated with the oil or gas operation. Proposed routes of all trucks and other heavy equipment and the estimated weights of those trucks and heavy equipment shall be disclosed. The City shall have the right to designate alternate routes in the event the proposed route is determined to be inadequate, unsafe, or overlay disruptive to normal vehicular traffic. All City streets used in the oil or gas operation for truck and equipment hauling will be maintained and restored, if damaged. The City and applicant shall enter into an excess roadway maintenance agreement, the terms and conditions of which are acceptable to the City to guarantee the maintenance, repair and the restoration of any City streets. The excess roadway maintenance agreement shall at a minimum require the posting of a bond or other financial security in favor of the City to guarantee maintenance, repair and restoration of all City streets used in the oil or gas operation.

Oil or gas operations shall not clear brush or trees by way of burning, and it shall chip, grind or remove all tree stumps from properties it clears for development purposes.

The applicant shall take the following steps to minimize noise resulting from an oil or gas operation:

All electrical installations and equipment associated with building shall conform to the City ordinances and the Pennsylvania Uniform Construction Code.[2]

Except for gas or oil pipelines, during construction of an oil or gas operation, there shall be temporary security fencing of at least six feet in height around the perimeter of the site. Upon completion of construction, security fencing consisting of permanent eight-feet-in-height chain-link fence equipped with lockable gates at every access point shall be promptly installed to secure the site. Warning signs shall be placed on the fencing providing notice of the potential dangers and the contact information in case of an emergency.

The applicant shall provide, at the time of the application, an emergency response plan. The plan shall be reviewed and approved by all agencies identified in the plan as being possibly affected by the gas or oil well operation, including but not limited to City Council, the Police Department, the Fire Department, the Zoning and Code Enforcement Officer, the school district, and the Emergency Management Coordinator for the City and Luzerne County.

A lighting plan shall be submitted at the time of the application showing that all exterior lights are diverted so that they do not shine directly on a public street or adjoining properties and in compliance with Article X of this chapter.

Except for active drilling operations, construction of an oil or gas operation may only be performed Monday through Saturday (with the exception of federal and state holidays) between the hours of 7:00 a.m. and 7:00 p.m., or as otherwise authorized by the City.

The applicant shall submit at the time of the application a copy of a water quality tests on all water wells, developed springs, and surface waters within 3,000 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.

The applicant shall purchase and maintain insurance for environmental pollution liability applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense or settlement of claims; all in connection with any loss arising from the insured site. Coverage shall be maintained in an amount of at least $5,000,000 per loss, with an annual aggregate of at least $10,000,000. In the alternative, the applicant may self-insure such losses upon a showing of financial responsibility and capability, the determination by any state appointed auditor to be deemed conclusive. This coverage shall not operate as a limitation of liability on an applicant. The scope of coverage for such insurance shall be approved by City Council. Coverage shall include coverage for pollution resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants in excess of applicable permits. The applicant shall maintain coverage for a period approved by the City.

The minimum lot area is 15 acres.

All principal buildings and accessory structures shall be set back not less than 100 feet from any property line, and 500 feet from any residential zoning district or property used for residential use.

The noise levels for the plant shall be equal to or less than 65 dBA at the property line, and 55 dBA noise level at any adjacent residential dwelling.

The applicant must provide the City with the ESCGP-2 Plan and the post construction stormwater management plan prepared by a licensed professional engineer who is registered in the Commonwealth of Pennsylvania.

A site plan is required under Chapter 475, Subdivision and Land Development.

The operator shall provide all material safety data sheets (MSDSs) for all materials produced, stored or distributed on the site to the City and the Emergency Management Coordinator at least 30 days prior to commencement of the use.

The operator shall provide an emergency management plan to the City at the time of approval of the use. The plan shall be completed in coordination with the City Fire Department.

The operator shall provide and keep current a prioritized call list with names, emails, addresses and phone numbers for twenty-four-hour emergency contact at the time of its application.

The operator shall take measures to make certain that no mud, dirt and debris is deposited onto public roads.

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

Lighting shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties.

Where a performance standard under this subsection is more restrictive or contradicts a performance standard under Article X of this chapter, the performance standard under this subsection shall control.

Review applications for proposed demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section.

Consider the financial feasibility of its recommendations based on cost estimates and other financial documentation provided by the applicant when necessary.

Submit written recommendations to City Council regarding the advisability of the Zoning Officer issuing a zoning permit and the building code official issuing a building permit for a historical building. The Planning Commission shall base its recommendations of approval, conditional approval, or denial to City Council on the following:

A recommendations to Council may include conditions of approval that modify an applicant's initial application. If the City Planning Commission decides to recommend against the granting of zoning and building permits for a historical building, it shall indicate to the applicant those changes, if any, which would result in a favorable recommendation. The City Planning Commission may withhold its recommendation to City Council if the applicant agrees to return to the City Planning Commission at a future regularly scheduled meeting with revised plans for its consideration.

Certify to the appropriateness of the proposed demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section.

Consider the recommendations of the City Planning Commission for all applications for the demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section.

Approve, approve with conditions, or deny any applications for demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section.

Consider the effect which the proposed demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section will have upon the general historic and architectural nature of the surrounding area, the Historical Overlay District, and the City.