Kingston Township Luzerne County
City Zoning Code
City Zoning Code
PART 6
CONDITIONAL USES
§ 601 General Criteria: Conditional Uses.
[Ord. 6/11/1975A; as added by Ord. 86-5, 1/14/1987; and as amended by Ord. 2000-3, 4/12/2000]
1.
Any application for a conditional use shall demonstrate that:
A.
The use will not endanger the public health and safety if located where proposed and will not deteriorate the environment or generate nuisance conditions.
B.
The use can be accommodated on the site with no variances required.
C.
The use is compatible with or will support the uses in the neighborhood of the site.
D.
The use does not require substantial earthmoving, revision of drainage patterns, or create excessive traffic congestion or substantial increase in stormwater flow.
E.
Off-street parking is provided as required by § 326 of this chapter and areas not covered by buildings or paved are landscaped and maintained.
F.
Access to parking lots are located as remote as possible from nearby street intersections and adequate sight distances are available at access points for motorists entering and leaving the property proposed for the use.
2.
Standards for Communications Towers as Conditional Uses.
A.
The applicant shall be required to demonstrate, using technological evidence, that the tower or antenna must be situated at the location and height where it is proposed in order to satisfy its function in the applicant's grid system or coverage diagrams. The technological evidence must be provided with the initial application. The Township reserves the right, at its option, to have such demonstration reviewed by an independent professional radio frequency engineer. All costs to be borne by the applicant as engineering review fees.
B.
Every effort shall be made to locate the tower below the ridge line of mountains and hills while still preserving the site's usefulness.
C.
The applicant shall demonstrate that it is licenses by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
D.
The applicant shall submit a copy of the lease or other documentation evidencing that the owner of the property approves the siting of the tower, antenna, and other supporting equipment and the access provided to the site. All financial details of the lease may be omitted.
E.
The communications tower site shall be fully automated and unattended on a daily basis, unless emergency conditions prevail. Two reserved off-street paved parking spaces shall be required upon a communications tower site.
F.
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
G.
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
H.
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure, or communications tower. A good-faith effort shall require that all owners of potentially suitable structures within a 1/2 mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(1)
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(3)
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(4)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with the owners of such structures.
I.
Access shall be provided to the communications tower site by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be paved to a width of at least 10 feet for its entire length.
J.
A communications tower site may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
K.
Site plans for all communications towers sites shall be submitted as a land development and shall comply with the Kingston Township Subdivision and Land Development Ordinance and will include a complete landscape plan prepared by a Pennsylvania registered landscape architect.
L.
Recording of a plat of subdivision or land development shall be required for any parcel on which a communications tower site is proposed to be constructed.
M.
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
N.
In all zoning districts, the maximum height of any communications tower shall be 100 feet; provided, however, that if the tower is replacing an existing communication tower structure such height may be increased to no more than the height of the existing tower structure or 150 feet, whichever is less, provided the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of the existing tower structure or 100 feet whichever is less.
O.
The tower shall be set back from adjacent property lines and existing buildings a distance equal to the maximum collapsible fall zone for the proposed tower as certified by a Pennsylvania registered engineer responsible for designing the proposed tower, plus 25 feet. At no time will the setback be less than the existing setback requirement or 50 feet whichever is greater.
P.
The base of a communication tower shall be landscaped so as to screen the fenced foundation, base and communications equipment building from abutting properties.
Q.
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
R.
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of the Township's Building Code.
S.
The applicant shall submit certification that the tower and its method of installation has been designed by a Pennsylvania registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads projected for the proposed site in accordance with the American National Standards Institute (ANSI) as amended, and other federal, state and local building regulations and accepted industry standards.
T.
The applicant shall submit on an annual basis a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communication tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower, communications antennas, and all elements of the communications tower site.
U.
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within the fenced enclosure.
V.
The communications tower site including guy wires and equipment buildings shall be secured by a security fence with a minimum height of eight feet to limit accessibility by the general public, as described in § 348.
W.
The following buffer plantings shall be located around the perimeter of the communication tower site:
(1)
An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum. The hedge shall be sized to reach a height of 48 inches and evergreen trees shall be sized to reach a height of 96 inches within 36 months of installation.
(2)
Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(3)
All planting and planting areas shall be actively maintained throughout the life of the facility.
(4)
A landscape plan prepared by a Pennsylvania registered landscape architect shall be submitted as part of the land development and or subdivision plan. This plan will become part of the final approved subdivision and or land development plans and will be recorded with the approved plans. This plan shall delineate planting areas, plant types, and sizes at installation, fencing type construction and finishes, as well as paved and lawn areas. The buffer planting will be maintained per the approved design as delineated in the recorded plans.
(5)
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction, or related solely to the use of the communication tower.
(6)
All lighting shall be shielded and reflected away from adjoining properties, except as required by the Federal Aviation Administration or other regulatory agencies.
(7)
Communication towers shall be painted or camouflaged in such a way to minimize the visual impact on the surrounding landscape and to blend into the surrounding landscape.
(8)
Communication towers shall be protected and maintained in accordance with the requirements of the Township's Property Maintenance Code.
X.
If a communication tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period. Failing to do so, the Township may cause the same to be removed and charge the cost of the removal to the foregoing parties. In addition, the Township may file a municipal lien against the land to recover the cost of removal and attorney's fees. If the owner or operator plans to discontinue use of the facility, a copy of intent to cease operations must be submitted to Kingston Township.
Y.
In order to reduce the number of antenna support structures needed in a community in the future any proposed new support structure shall be designed to accommodate at least one other user(s), including other communications company(ies) and local fire, police, ambulance and emergency provider(s).
§ 602 Procedure for Review.
[Ord. 6/11/1975A; as added by Ord. 86-5, 1/14/1987]
1.
A developer proposing a conditional use shall submit to the Zoning Officer five copies of the following materials at least five calendar days before a regular meeting of the Planning Commission:
A.
A written statement supporting the general criteria outlined in § 601 above and describing in detail the proposed use;
B.
A scaled illustrative site plan showing the arrangement of the proposed use on the site, including property lines, setback lines, uses on adjacent properties, abutting streets, buildings existing and proposed on the site by use and height, points of access into the site, internal driveways, parking area layout with number of spaces noted, freestanding signs, areas of earth moving with grade of finished slope noted, means of disposing of stormwater, proposed landscaping and other pertinent information.
C.
The Commission may waive parts of the site plan submission that are clearly irrelevant in a particular case.
2.
The Commission shall review the documents required by this section together with the specific criteria that apply to the proposed use at its next meeting and may recommend approval of the plan as submitted, rejection or approval with specific conditions to be met by the developer. Also, the Commission may table it for further information, or schedule a public hearing on it to gather public opinion.
3.
The Commission shall note its discussion of the proposal and its recommendation to the Board of Supervisors in its minutes of the meeting and shall submit a copy to the developer and copies to the Board, together with the developer's submission.
4.
The Board shall review the Commission's recommendations at the Board's next regular meeting and shall vote to accept or reject the recommendations. A copy of the Board's decision shall be sent to the Planning Commission and the developer.
5.
The Board's decision shall be made not more than 90 days after the submission was first reviewed by the Planning Commission, provided the plan is not withdrawn and resubmitted. The review period shall start over upon resubmission. When the Board fails to render a decision within the allotted time period 90 days, the application for a conditional use shall be deemed to be approved, unless an extension of time has been agreed to by the applicant.
6.
If the Board grants approval, it shall authorize the Zoning Officer to issue a zoning permit for the proposed development. If conditions are attached to approval, they shall be noted on the building permit.
§ 603 Oil and Gas Development and Production.
[Added by Ord. 2011-2, 4/13/2011]
1.
General Criteria and Standards of Conditional Uses.
A.
General Standards. Kingston Township hereby declares that oil and gas development and production is a conditional use, as defined in this chapter, and the conditional use is authorized by the issuance of a conditional use permit by the Township, subject to the following conditions, criteria, and standards:
(1)
Oil and gas drilling surface activities shall only be permitted to be drilled on a lot of land that is a minimum area of 10 contiguous acres or larger, as calculated in accordance with prevailing established procedures and practices of land surveying in the Commonwealth of Pennsylvania.
(2)
Oil and gas drilling surface activities, natural gas compressor stations, and natural gas processing facilities are prohibited for use in Single-Family Residential Districts (R-1), Two-Family Residential Districts (R-2), Multifamily Residential Districts (R-3), Mobile Home Park Residential Districts (R-4), Industrial Districts (I-1), and Conservation Districts (C-1).
(3)
Oil and gas drilling subsurface activities are authorized in all zoning districts.
(4)
Oil and gas drilling surface activities, natural gas compressor stations and natural gas processing facilities are authorized as a conditional use in Agricultural Districts and as a permitted use in Mining Zoning Districts of the Township, pursuant to the criteria set forth in this section.
B.
Additional General Criteria and Standards of Conditional Uses. The use of a lot of land for oil and gas development and production, oil and gas drilling subsurface facilities, oil and gas surface facilities, natural gas compressor stations and natural gas processing plants shall comply in all respects with each term and provision of the Township of Kingston Code of Ordinances, Chapter 27, Part 6, § 601 ("General Criteria: Conditional Uses"), which are incorporated herein and made a part hereof as though the same were set forth at length herein.
C.
Special Criteria and Standards for Approval and Permanent Maintenance of Conditional Uses Provided for in this Section:
(1)
A copy of the well location plat as submitted to and approved by the Pennsylvania Department of Environmental Protection showing the location(s) of the planned well(s).
(2)
A general description of the planned operation of the planned well(s) and associated equipment used in development of the well(s).
(3)
A copy of the approved drilling permit issued by the Pennsylvania Department of Environmental Protection (DEP).
(4)
A map showing the planned access route(s) on public roads to the well sites.
(5)
Planned hours of construction activities involving excavation of or alteration to the work of any access road or well site.
(6)
Procedure and methods of compliance with the noise controls as provided in this section.
(7)
A copy of the plan to control spill, leak or malfunction and to remove or cause to be removed all waste materials from any public or private property affected by such spill, leak or malfunction.
(8)
The name of the person supervising the drilling operation and toll-free number where such person can be reached 24 hours a day.
(9)
The identity, address and contact telephone numbers for all subcontractors associated with the development or production facility. The Township will be notified by the operator within 48 hours of any subcontractor changes.
(10)
Verification that the operator and all subcontractors have read and will comply with all provisions of this section.
2.
Procedure for Review, Approval and Permitting of Conditional Uses Provided for in this Section.
A.
Application Fee. An application fee in the amount of $3,000 shall be paid by the operator/applicant for the purposes of payment for expenses incurred or to be incurred by the Township of Kingston associated with all documentation, general area inspection, and engineering costs related to public safety requirements of the oil and gas well site areas, both before and after drilling, and the processing of the oil- and gas-related conditional use application.
B.
Application, Review and Approval Procedure. The procedure for the conditional use plan application, review, approval and permitting applicable to this section is set forth in all respects in § 602, Subsections 1 through 6, of Part 6 of this chapter, which is incorporated herein and made a part hereof as though the same were set forth at length herein.
C.
Land Development. Following the issuance of conditional use approval by the Board of Supervisors, the operator/applicant shall forthwith comply with all of the terms and conditions necessary for the final approval of a land development, as provided in Chapter 22 of the Code of Ordinances of the Township of Kingston, which chapter is incorporated herein in its entirety and made a part hereof by specific reference thereto herein.
3.
Conditions Imposed Upon the Use of Land for the Purposes Provided for in this Section Following Conditional Use Approval and Land Development Approval.
A.
Conditions.
(1)
The operator, its successors and assigns, shall be liable for the full and complete repair and restoration of all damages of whatever nature to all Township roads directly caused by truck hauling from the oil and gas drill site in excess of any usual and customary damage attributable to normal and general vehicular use. Notwithstanding the provisions contained herein relating to an excess maintenance agreement and the bonding of the operator's performance thereof, should the operator, its successors and assigns, fail to repair and restore fully and completely such road repair and restoration of damages to Township roads attributable to the drilling process, the Township reserves the right to proceed against the operator, its successors and assigns, by the commencement of an action in law or equity seeking payment of the entire cost of such repair and restoration of road damage, including but not limited to all costs of suit and reasonable attorneys' fees.
(2)
The operator shall disclose the proposed routes of all trucks and other heavy equipment to be utilized for hauling to and from the oil and gas drill site and the estimated weights of those trucks and/or heavy equipment associated with the drilling process. The Township reserves the right to designate alternate routes in the event that the operator's proposed routes are determined by the Township Engineer to be inadequate, unsafe, or overly disruptive to normal vehicular traffic.
(3)
Before the commencement of any drilling operations, including but not limited to the construction of the well site, the Township Engineer and the operator shall conduct an on-site inspection of all roads to be utilized for truck hauling to and from the oil and gas drill site. Upon the basis of the inspection, the Township Engineer and the operator shall prepare a detailed report documenting the existing structural condition of the road. Photographs and videotapes will be taken to substantiate the report. Copies of the inspection report, photographs, and/or videotapes will be made available to the operator and the Township.
(4)
The operator shall plan or design all proposed hauling routes to minimize the use and impact of such truck hauling upon Township roads wherever feasible.
(5)
The operator shall produce evidence satisfactory to the Township Engineer that all intersections along proposed hauling routes provide a sufficient turning radius for trucks to be utilized for hauling so that all turns can be safely made without damage to vehicles, sidewalks, curbs or surrounding property.
(6)
All Township roads used by the operator for truck and/or equipment hauling from the oil and gas drill site will be kept and restored to the same or similar condition during and after the drilling operations. Accordingly, prior to any drilling operations, the Township and the operator shall enter into an excess maintenance agreement, in a form acceptable to the Township, in order to guarantee the repair and the restoration of any Township road(s) which may be determined in the reasonable professional opinion of the Township Engineer founded, in whole or in part, on the inspection report and the graphic documents in support of the inspection report, to be subject to damage as a result of and in the course of traffic generated by truck and/or equipment hauling from the oil and gas drill site. In the excess maintenance agreement, the operator must assume explicitly its responsibility to repair and restore any Township road determined to be damaged as a result of traffic generated by truck and/or equipment hauling from the oil and gas drill site and in excess of the usual and customary extent due to general vehicular use. The reasonable professional opinion of the Township Engineer as to damage(s) shall prevail hereunder.
(7)
In addition to the aforesaid excess maintenance agreement and to secure the performance thereof, the operator shall post a bond or other financial security in favor of the Township and in a form acceptable to the Township. The principal of the bond shall be determined by the Township Engineer acting on behalf of the Township. The bond to be posted by the operator may be in a principal sum in excess of otherwise-applicable PennDOT limits when the Township Engineer has reasonably estimated that the cost of the repair and restoration of Township roads will exceed the prevailing PennDOT bonding limits.
(8)
The operator is responsible for the satisfactory and complete repair and restoration of damaged roads, as above determined, before the excess maintenance agreement can be terminated and the security released.
(9)
Notwithstanding any other provision herein set forth, the operator shall, at all times, utilize the Township roads only in a manner that permits unobstructed and safe passage for other members of the traveling public. The operator shall covenant in the excess maintenance agreement to make immediate repair of any conditions on the road attributable to its use for truck hauling from the oil and gas drill site which restricts use of the road by the traveling public or causes or contributes to an unsafe condition, including the removal of mud and dirt from the road.
(10)
Where truck traffic generated by oil and gas drill site hauling is heavy in the proximity of school bus stops, the operator will provide flagmen to ensure the safety of children waiting for or leaving school buses.
(11)
The access driveway off the public road to the drill site shall be gated at the entrance to prevent illegal access into the drill site. The drill site's assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, the name of the operator and the telephone number for a person responsible who may be contacted in case of emergency.
(12)
Access of well site roads 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.
(13)
The operator 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 operator shall comply in all respects with the Township's Burning Ordinance.[1]
(14)
Prior to development, the operator shall provide to all of the Township's first responders (fire, police, ambulance, and emergency medical treatment) and the Zoning Officer a copy of its preparedness, prevention and contingency ("PPC") plan relating to emergencies.
(15)
Before drilling, the Township shall ascertain whether the Township's first responders have secured adequate information to cope satisfactorily with any potential dangerous conditions that may result due to development activities. First responders shall have initial access to on-site orientation and be provided adequate emergency awareness information. Upon request from the Township, the operator will, prior to drilling of an oil and gas well, make available, with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the operator anticipates drilling activities in the Township.
(16)
The operator shall take all necessary safeguards to ensure appropriate dust-control measures are in place.
(17)
Recognizing that the specific location of equipment and facilities is an important and integral part of the oil and gas development, as and as part of the planning process, the operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future Township development activities as authorized by this chapter and the Subdivision and Land Development Ordinance (Chapter 22).
(18)
Recognizing that adequate and appropriate lighting is essential to the safety of those involved in the development of oil and gas, the operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the drill site, wellhead or other area being developed so as to attempt to minimize glare on public roads and adjacent buildings within 300 feet of the drill site, wellhead or other area being developed.
B.
Additional Conditions of Conditional Use for Purposes Provided for Herein.
(1)
Public Meeting.
(a)
At least 30 days prior to the initial development activities or any subsequent or additional development activities, the operator must inform the Zoning Officer of such development activities. The Zoning Officer shall thereupon issue public notice once and written notice delivered by regular United States mail of a public meeting to be held in the Kingston Township Administration Building to be conducted by the Board of Supervisors and the Planning Commissioners jointly, at which the operator shall present all general information regarding all such initial or additional planned development activities. The written notice of the public meeting required herein is limited to owners or occupants of land lying within 1,000 feet of the surface location(s) of the planned development activities. All costs of public notice by publication and mail shall be borne by the operator. The individual in primary charge of such proposed development activities shall be present at the public meeting.
(b)
The operator shall provide to the Zoning Officer and each Supervisor and Planning Commissioner the following information at least 30 days before the aforesaid public meeting:
(2)
Additional Requirements for the Conditional Use Provided Herein.
(a)
In addition to the requirements provided herein, for any oil and gas well where the planned surface location of the well will be within 500 feet of a protected structure, the operator shall:
[1]
Install temporary safety fencing, at least six feet in height, around the established drilling pad containing drilling and hydraulic fracturing equipment and install permanent fall-protection fencing meeting OSHA requirements around any pits that contain or could contain water or other liquids at depths greater than two feet.
[2]
Install warning signs providing notice of the potential dangers at the well site.
[3]
Provide at least one well site security guard at all times when a drilling rig or hydraulic fracturing equipment is on the well site.
(b)
In addition to the requirements provided herein, prior to drilling an oil and gas well or multiple oil and gas wells at a location, no later than 45 days beforehand, the operator shall notify each resident whose property lies within 1,000 feet where horizontal drilling will take place under their property for informational purposes.
(c)
Prior to the commencement of drilling activities, no construction activities involving excavation of, alteration to, or repair work on any access road or well site shall be performed during the hours of 9:00 p.m. to 7:00 a.m. on weekdays and 9:00 p.m. to 8:00 a.m. on Saturdays and Sundays.
(d)
The Township recognizes and acknowledges that oil and gas development is accomplished by inherent noise. However, the operator shall take all reasonable steps to minimize, to the extent practicable, the noise resulting from the development. In the event that noise emanating from the oil and gas development becomes an unlawful nuisance within 1,000 feet of a protected structure, the Township may require the operator, at its cost, to erect and maintain suitable sound barriers surrounding the well site as determined by the Township Engineer. The operator will ensure that any and all vehicles servicing oil and gas well sites, whether owned by the operator or not, are equipped with mufflers and other equipment to minimize the noise generated by the use of these vehicles.
(e)
The Township reserves the right to review and approve all housing arrangements of a temporary nature for employees of the operator and any subcontractors working on the oil and gas well site during the duration of drilling operations. All such temporary housing arrangements must comply with all Department of Environmental Protection sanitary sewer disposal rules and regulations. All such temporary housing must be removed within 30 days of the completion of the operator's drilling operation.
(f)
All permanent surface facilities shall be painted an earth-tone color to blend in with the surrounding area. The Township may require fencing and/or landscaping to buffer the facilities from adjacent properties.
(g)
The Township reserves the right to inspect the environs or general surrounding area of the well site, including but not limited to all public roadway conditions surrounding the site, all water sources in and around the site, as defined herein and deemed to be "protected areas," and all property boundaries of real estate adjacent to the well site. A videotape may be made of such inspection; a copy of which shall be delivered to the operator.
(h)
The operator shall provide to the Township a statement of the manner of and soil sampling of water and soils from all sources by the operator and a copy of the water sample report(s) provided to DEP by the operator. The water sampling shall address all water sources and soil types and characteristics within the radius of the well drilling activity. All water sampling and soil sampling shall be performed and certified by an independent and qualified third party.
4.
Zoning Approval Procedure and Standards for Conditional Uses (Natural Gas Compressor Stations and Natural Gas Processing Facilities).
A.
Zoning Approval. All applications for the conditional use or the permitted use of natural gas compressor stations and natural gas processing plants shall be processed, and the same shall be reviewed, and, if applicable, approved, in the same procedural manner as provided in Subsection 2B and C of this section.
B.
Standards and Criteria.
(1)
The minimum site required for a natural gas processing facility shall be 50 acres, and site location is limited to the Agricultural and Mining Zoning Districts of the Township.
(2)
Natural gas compressor stations shall be limited to the Agricultural and Mining Zoning Districts. The minimum area of the site of a natural gas compressor station shall be 10 surface acres or larger, as calculated in accordance with prevailing standards and principles of Pennsylvania land surveying.
(3)
Compressors shall be located within a completely enclosed building. During the periods of normal operations, doors, windows, and similar operations shall remain closed to ensure maximum noise suppression.
(4)
Compressors and other power-driven equipment shall utilize electric motors, where feasible, rather than internal combustion engines. No electric power shall be generated on the site. All electrical installations shall conform to local, state and national codes.
(5)
All property lines adjoining property of the specific site wherein a natural gas compressor station is located shall be screened by a landscaped buffer area for the distance necessary to screen buildings, structures, parking areas, storage areas and equipment.
(6)
First responders shall be provided with a complete, detailed list of all gases, chemicals and waste products produced, stored and distributed on the site.
(7)
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.
(8)
Incident to the use stated herein, no person shall place, deposit, discharge or cause to be placed, deposited or discharged any oil, petroleum, asphalt, tar hydrocarbon substances or any refuse, including wastewater or brine from any natural gas processing facility or the contents of any container used in connection with it on any public right-of-way, alley, street, lot, storm drain, ditch or sewer, sanitary drain, lake, pond, creek or similar body of water or on any private property, all such waters being protected areas, without permits from the appropriate regulatory agencies.
(9)
Drip pans and other containment devices shall be placed or installed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, connections and any other areas or structures that could potentially leak, discharge or spill hazardous liquids, semiliquids or solid waste materials, including hazardous waste that is inseparable by simple mechanical-removal processes and is made up primarily of natural material.
(10)
All chemicals and/or hazardous materials shall be stored in such a manner as to prevent, contain and facilitate rapid remediation and cleanup of any accidental spill, leak or discharge of a hazardous material. The operator shall have all material safety data sheets (MSDSs) for all hazardous materials on site. All applicable federal and state regulatory requirements for the proper labeling of containers shall be followed. Appropriate pollution-prevention actions shall be required and include but are not limited to chemicals and materials raised from the ground (e.g., wooden pallets), bulk storage, installation and maintenance of secondary containment systems, and protection from stormwater and weather elements.
(11)
All equipment and facilities shall comply with the noise limitations provided in this section.
5.
Penalties. Any operator, or person performing work at their direction, who violates or permits a violation of this section shall, upon being found liable therefor in an enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the Township. No judgment shall be commenced or imposed, levied or payable until the date of the determination of a violation by the District Justice. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond will be required if injunction relief is sought by the Township.