Lower Burrell City Zoning Code

Side yards not adjoining a street shall be not less than 30 feet wide, and other yards shall be not less than 10 feet more than required in the zoning district for which application is made.

When students, teachers or communicants are to be housed, the lot area exclusive of that around principal buildings not devoted to housing shall be, in relation to the number of sleeping rooms, such as to permit no greater density than is permitted in any other type of dwelling facility in the zoning district where the use is located.

Minimum distances between buildings shall be equal to the heights of buildings, or in the case of buildings of unequal height, to the height of the taller building, but not less than 50 feet.

The use shall be located on a zoning lot which meets the yard requirements of the zoning district.

Building coverage shall not exceed 20% of the total lot area.

The height of principal buildings shall not exceed 2 1/2 stories or 35 feet, except that this height limitation may be exceeded if all required yard widths are increased by one foot for every one foot by which a building exceeds 35 feet in height. (See Article XV).

If the use for which application is made is one which generates substantial amounts of traffic, the Zoning Hearing Board may determine that such use shall have frontage on or direct access to a major street or, where entrance into the traffic may be hazardous, to a side street with a nearby intersection with a major street.

The Board shall require the provision of a sufficient number of off-street parking spaces to accommodate the vehicles of the potential average number of users of the facility at any one time.

In considering applications for uses under this section, the Board shall consider the character of the proposed use, probable method and hours of operation and the kinds of activities which will be carried on in relation to the character of the neighborhood and zoning district, especially R and S, in which the proposed use would be located.

A site plan must be submitted for the review and comment of the Board. (See § 300-183).

Playgrounds, playfields and other active recreational facilities, if designed and incorporated as an accessory use to the principal use, shall not extend into required front or side yards or closer than 30 feet to a rear lot line.

In the R-2, R-3 and C Zoning Districts, residential land development projects for multifamily units of a single type (townhouses, garden apartments, or high-rise units) or a mix of housing types, including urban renewal, may be permitted if the land development meets the requirements of this section.

Land development projects are not to be interpreted as planned residential developments. (See Article VIII). The provisions of planned residential developments are meant to encourage original and unique planned developments as special exceptions throughout the City. Developers may decide, depending on unique circumstances, density and site constraints, between developing according to the provisions under land development projects or planned residential development.

When the Zoning Officer is satisfied that all requirements are met, he shall refer the land development plan to the Zoning Hearing Board for review and approval. After the plan is approved by the Board, all development, construction and use shall be in accordance with that plan, unless a new land development plan is submitted and approved by the Board in accordance with this section. Any deviation from the approved land development plan shall constitute a violation of this chapter.

The quality of life in the Lower Burrell community will be preserved and protected by making some areas available for adult businesses while preventing such businesses from locating in other areas.

Prohibiting the location of adult businesses in close proximity to residences, schools, hospitals, nursing homes, sanitariums, retirement or convalescent homes, group homes, personal care homes, public parks, churches and establishments which are licensed to sell alcoholic beverages or to other adult businesses will further the public health, safety and welfare in Lower Burrell and serve to:

The Council is aware of and concerned about the proliferation of businesses which offer, at one location, entertainment of an adult nature, mixed with otherwise non-adult activities, such as establishments offering food or beverages, the sale of merchandise, personal services, etc.

Such mixture of activities at one location makes the proper, uniform and predictable application of this chapter extremely difficult and may adversely affect the commercial and business environment of the City.

Adult businesses may be established in a C-2 District.

Persons or owners who intend to open an adult business must obtain from Lower Burrell a license to operate such an enterprise and must pay an investigative fee in an amount as established from time to time by resolution of City Council to Lower Burrell. In addition, such persons or owners must supply to the City detailed information as to the ownership and financing as required on the licensing application form. This form can be obtained at the office of the Ordinance Officer.[1]

No adult business can be located within 500 feet of a preexisting residence, school, hospital, nursing home, sanitarium, retirement or convalescent home, group home, personal care home, public park, church, establishment which is licensed to and does sell alcoholic beverages or other adult beverages.

No adult business can be located within 1,000 feet of an area zoned residential.

An adult business shall be initially licensed, where it has met all ordinance requirements, through December 31 of the year in which the license is issued. For each year thereafter that the adult business intends to continue its business as an adult commercial enterprise, it must seek from the office of the Ordinance Officer a renewal of this license. The application for renewal is due in the Ordinance Officer's office no later than November 1 of the year preceding the year for which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the City to deny or revoke an occupancy permit to an adult bookstore, adult movie theater or similar adult commercial enterprise or other adult establishment. Council may establish the license fee by resolution.

Any booths, cubicles or enclosures of any type including, but not limited to peep show booths, contained on the premises shall be open to the view of the other patrons in the establishment. No door, curtain or obstruction of any type which blocks or hinders the plain view of others shall be permitted.

Any adult bookstore, adult movie theater or similar adult commercial enterprise or other adult entertainment found to be in violation of this chapter shall be subject to the enforcement penalties provided for in this chapter and/or the Municipalities Planning Code.

No person under 18 years of age shall be given access to sexual conduct or nudity materials as defined in this chapter in accordance with 18 Pa.C.S.A. § 5503.

The lot on which a tower is located must meet the minimum lot size for the particular zoning district. The lot on which a tower is located shall not be within 2,500 feet of any other existing tower site measured from the nearest property line to nearest property line. Only one tower shall be permitted per lot.

The applicant shall demonstrate that the proposed communications tower and the electromagnetic fields associated with the antennas proposed to be mounted thereon comply with safety standards now or hereafter established by the Federal Communications Commission (FCC). Additionally, the owner shall submit to the City, annually, an inspection report at the owner's expense that the tower is in compliance with FCC guidelines.

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

Tower height shall be measured from the ground level to the top point of the tower or top point of the highest communications antenna, whichever is higher.

The communications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-Manual, as amended.

A soils report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA-222-E-Manual, as amended, shall be submitted to the City to document and verify design specifications of the foundation of the communications tower and anchors for the guy wires, if used. The soil report shall be signed and sealed by an engineer registered in the Commonwealth of Pennsylvania.

Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structures. Setbacks shall be measured from the lease or right-of-way, etc., lines.

Recording of a plat of subdivision shall not be required for the lease parcel on which the tower is proposed to be constructed, provided the equipment building is proposed to be unmanned and the required easement agreement for access is submitted for approval by the Township.

The owner of the communications tower shall be responsible for maintaining the parcel on which the tower is located, as well as the means of access to the tower, including clearing and cutting of vegetation, snow removal and maintenance of the access driveway surface.

The owner of any communications tower that exceeds 50 feet in height shall submit to the Township proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated tower maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and reinspected and certified to the City by a structural engineer at the owner's expense. Additionally, owner shall submit to the City, annually, that the tower is in compliance with FCC guidelines.

All tower structures shall be fitted with anti-climbing devices as approved by the manufacturer for the type of installation proposed.

The exterior finish of the tower shall be compatible with the immediate surroundings shall be properly maintained and the tower shall be at least 1,000 feet from R districts.

No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

The applicant will submit a copy of its FCC license. Any grant of special exception hereunder will automatically lapse if said license ever expires or lapses.

Shared use of towers and tower sites shall be encouraged. If shared use of an existing or approved tower or an existing or approved tower site is not proposed, the applicant shall demonstrate that the proposed equipment cannot be accommodated on an existing or approved tower or an existing or approved tower site for one of the following reasons:

Communication towers may exceed the height limitations of the zoning district, provided they shall be set back from adjacent property lines the largest of the following distances as may be applicable:

Unless the communication tower is located on a building, the tower structure shall be completely enclosed by a ten-foot-high chain-link or similar fence with self-latching gate to limit accessibility to the general public, unless the entire property is secure by such a fence. The property shall be landscaped and screened.

All guy wires and all guyed towers shall be clearly marked so as to be visible at all times. All guy wires shall be located a minimum of 20 feet within the property line.

All communication towers must be stealth towers. A "stealth tower" is a communications tower which is not recognizable as a conventional communications tower (e.g., a metal lattice structure), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such stealth towers include a tower which looks like a tree or one which is concealed in a church steeple. In determining conformity to surroundings, the Zoning Hearing Board will consider the following factors, at a minimum:

The applicant must use applicant's best efforts to fly an all-weather balloon or place an alternative object at or near the proposed location of the communication tower for at least 14 days prior to the public hearing on the application. The balloon or object must be red and at least 18 inches in diameter, if spherical, or 18 inches in height and width, if rectangular. The top of the balloon or object must be at the maximum proposed height of the communications tower.

In granting the use, the Zoning Hearing Board may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.

All special exception uses approved under this section will automatically lapse if not used for six continuous months. In such a case, all portions of the communications tower will be taken down by the applicant, its successors or assigns, as soon as possible, but not longer than four months after the conclusion of said six-month period. In the event that the applicant, its successors and assigns fail to take down the tower, the owner of the property upon which the tower is located will be responsible for taking it down.

A previously approved special exception use will lapse if an entity operating an existing communications tower in the City does not provide reasonable cooperation with another applicant attempting to co-locate on said existing tower.

All approvals will be only for the specific facilities set forth in the application. No additions or alterations thereto will be permitted without a new application.

The applicant shall submit evidence that the tower and its method of installation (including design installation during erection) has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice and the Uniform Construction Code.[1] The applicant shall include, from a registered engineer or architect responsible for designing and the proposed tower, a specification of the maximum collapsible fall zone of the proposed tower.

The tower shall be subject to any applicable Federal Aviation Administration (FAA), Pennsylvania Bureau of Aviation and airport zoning regulations.

No sign or other structure, shall be mounted on the tower, except as may be required or approved by the FAA, Federal Communications Commission, Pennsylvania Bureau of Aviation or other applicable governmental agency.

All lighting, other than required aviation lighting, shall be shielded and reflected away from adjoining properties.

At least a minimum of one off-street parking space shall be provided on the tower site, plus one off-street parking space for each on-site personnel.

Existing vegetation on the site shall be preserved to the maximum extent possible.

A minimum twenty-foot easement or right-of-way from a public street for access shall be provided to the tower to accommodate maintenance and emergency vehicles and which is improved with an all-weather surface sufficient to accommodate the weight of vehicles proposed to use the easement or right-of-way subject to approval by the City council. The right-of-way or easement shall be maintained by the landowner or lessee.

Even if the tower site is an easement or leased, a site plan shall be prepared to show the site to receive the tower described by bearings and distances within the property from which the site has been leased or sold. In addition, a scaled site development plan shall be prepared to show precisely the location of the tower in its site, support buildings on the ground, guy anchors, access to the site and parking areas. Such plans shall be reviewed and decided as required by Chapter 260, City Subdivision and Land Development.

The applicant shall submit proof that it has guaranteed removal of any tower which becomes obsolete or not used for one year and that adequate financial security exists or has been posed to cover the cost of such removal. Upon removal of the tower and accessory structures, the property must be returned to its same or similar original condition. This involves removing any foundations and grading and planting.

Each tower owner shall inform the City of any changes in ownership or responsibility for a tower immediately after the change occurs.

If there is reasonable cause, the applicant may be required to perform an environmental impact study.

Applicant shall demonstrate that the tower is needed.

Applicant shall submit information as to how the tower will be brought to the site. Applicant shall try to avoid moving such structures through residential areas.

The applicant shall have both the duty of initial presentation of evidence and the burden of persuasion with respect to the criteria at Subsection A(1) through (38).

If technical fees are incurred by the City, an additional application fee may be assessed upon the applicant.

The regulation of well sites herein will permit reasonable access to a significant portion of the gas resources in the City, while protecting certain other uses and by regulating gas and oil well use in a manner consistent with traditional zoning regulations without primarily regulating the technical aspects of oil and gas well functioning.

The City of Lower Burrell recognizes that the regulation of oil and gas operations is the primary responsibility of the regulatory agencies of the commonwealth of Pennsylvania, but that the City maintains it Zoning power as set forth in 53 P.S. § 10101 et seq., as amended, the Pennsylvania Municipalities Planning Code, and through this chapter.

A City also has the ability to regulate land under its police powers. [Third Class City Code, 53 P.S. 37403]

Prior to any construction, the applicant shall provide a map of the proposed routes of all trucks to be utilized for hauling to and from the gas and oil well site, and shall minimize impact upon City roads whenever feasible. The City reserves the right to designate alternate routes in the event the applicant's proposed routes are deemed inadequate, unsafe or overly disruptive to normal vehicular traffic by the Municipal Engineer. The applicant shall also show satisfactory evidence to the City Engineer that intersections along proposed hauling routes provide a sufficient turning radius for trucks, such that all turns can be safely made without damage to vehicles, sidewalks, curbs or surrounding property. The applicant or operator shall post a bond or other financial security in favor of the City and in a form acceptable to the City and enter into an excess maintenance agreement, prior to beginning operations, regarding maintenance and repair of City roads that are to be used by vehicles for development activities. The applicant shall conduct an inventory, analysis and evaluation of existing road conditions on City roads along the proposed transportation route identified by the applicant, including photography and video. The City Excess Maintenance Agreement will identify the responsibilities of the applicant to prepare, maintain, and repair City roads before, during and immediately after drilling operations associated with the gas resources development. The applicant shall take all necessary corrective action and measures as directed by the City pursuant to the agreement to ensure the roadways are repaired and maintained during and immediately after drilling operations associated with the gas resources development.

In addition, should the City Engineer reasonably determine that preventative measures, such as shoring of bridges or putting protective mats over utility lines, should be taken to prevent damage to City roads, bridges or utilities, then the applicant shall install such protective measure as directed by the City Engineer, prior to beginning operations.

The City of Lower Burrell declares that oil and gas development is conditional use in the Conservancy (S) and Industrial (I) Zoning Districts in the City, subject to the following conditions:

Prior to drilling of an oil and gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure or, alternatively, and in lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this section, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

The operator shall provide documentation of any established, seventy-two-hour evaluation, relied upon to establish an ambient noise level greater than 55 dBA to the City's Zoning Officer within three business days of such a request from the Zoning Officer.

The noise generated during drilling and hydraulic fracturing activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation) or default level, whichever is higher:

Adjustments to the foregoing noise limits may be permitted in accordance with the following:

If a complaint is received by the City from any person, whether a resident or otherwise using the protected structure as defined herein for any lawful purpose; regarding noise generated during drilling or hydraulic fracturing activities, the operator shall, within 24 hours of receipt of the complaint from the City, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:

If the operator engages in any noise testing as required by this section, it will provide preliminary data to the City no later than 10 business days following the completion of the noise testing. Once the monitoring is complete, operator will meet with City representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded. If noise levels violate the standards set forth in this section, sound-mitigating techniques and/or devices may be required to meet acceptable levels.

Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless it is equipped with: an exhaust muffler; or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer's specifications.

All work-over operations shall be restricted to the hours of 6:00 a.m. to 10:00 p.m., except in the extent of an emergency, as reasonably determined by the Operator. "Work-over operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.

The operator shall, prior to drilling, provide the City adequate information to deal with any potential dangerous conditions that may result due to development activities. First responders shall have on-site orientation and be provided adequate awareness information. Upon request from the City, 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 City.

Operator shall provide appropriate maps, material safety data sheets and/or its hydraulic fracturing formula and emergency plan and Preparedness, Prevention and Contingency Plan (PPC) documents to the City Manager. The operator shall provide 24/7 contact information, including a supervisor's name and a toll-free number, to all City emergency service providers, the City Manager and on signage at the entrance to the well site. Warning signs must be posted providing notice of potential dangers at the well site.

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 sight 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.

Recognizing that the specific location of equipment and facilities is an important an integral part of oil and gas development, as part of the planning process, operator shall strive to consider location of its temporary and permanent operation, where prudent and possible, so as to minimize interference with City residents' enjoyment of their property.

A copy of the well survey plat showing the locations of the planned wells;

A general description of the planned operations at the planned well and associated equipment used in the development of the well;

The contact information for the Operator; and

The availability of the operator to hold a meeting with such residents to present operator's plans for the well and to allow for questions and answers. The meeting shall be hell prior to well site construction.

Any applicant desiring approval of a conditional use application pursuant to this section shall submit a written application. Before submitting an application, the applicant is strongly encouraged to meet with the municipal staff to determine the requirements of and the procedural steps for the application. The intent of this process is for the applicant to obtain necessary information and guidance from the staff before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation.

The application shall not be considered complete and properly filed unless and until all items required by this section, including application fee, have been received. Such application shall include the following in formation and plans:

Each application for conditional use shall have attached thereto a site plan. The proposed site development plan shall be a topographic plan, prepared and sealed by a professional engineer registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 200 feet, on a standard sheet 24 inches high by 36 inches wide, to include the following:

The operator shall provide to the City Zoning Officer, at least 10 days prior to well site construction:

A copy of an approved permit or permit application issued by the Pennsylvania Department of Environmental Protection, and any applicable Pennsylvania Department of Transportation highway occupancy permit. Access to City roads will require a City driveway permit.

Copies of any and all permits and applications submitted to the various local, county, state and federal agencies. Permits and plans shall include but not be limited to the Pennsylvania Department of Environmental Protection well application and permit, ESCGP-1 or other erosion and sedimentation permits and all air, water and waste management permits.

The location, depth, and profile of any proposed pipelines for water, gas, oil or other substance will be provided to the City in an as-built format upon completion.

The applicant shall provide the GIS location and make application to the City for a 911 address of the well site. The applicant must mark the site at the entrance where it intersects with a City road using a reflective address sign, in accordance with Pennsylvania Department of Transportation standards, as amended.

During construction, the operator shall remove and dispose of all uprooted trees, stumps, rubbish, construction materials and debris promptly in the interest of public safety. All refuse stored on site for final off-site disposal shall be located within a building, covered dumpster or other enclosure designed and constructed for the proper storage of such material.

No employees, subcontractors or other persons shall be housed on the well site, compressor station site or processing plant site except supervisory personnel necessary for safety reasons. Any applicant must register all supervisory personnel occupying a bunk house with the City Tax Collector in accordance with the Planning and Zoning Code, requiring the owners of all occupied structures to register the occupants. The operator shall meet all state and local water and sewage standards.

The City recommends that condensate tanks located on drilling sites, compressor stations and/or processing plants be equipped with vapor recovery and/or vapor destruction units or the best technology available.

The applicant shall make reasonable efforts to avoid and/or mitigate any disruption or loss of radio, telephone, cellular phone, television or similar signals, and shall mitigate any harm caused by the oil and gas development in a timely manner.

Drip pans or other containment devices are required on equipment that could potentially leak, discharge or spill hazardous liquids. The operator is responsible for any spills involving waste materials, oil, gas, toxic or hazardous substances and shall notify the City of any such spill.

Install chain-link fencing at least six feet high and install permanent fall protection fencing meeting OSHA requirements around any pit for impoundment of liquid at a depth greater than two feet. A sample standard follows for guidance:

Operator shall comply with all FAA requirements for equipment, where applicable, and inform medical helicopters of any equipment, where applicable.

Applicant shall submit a copy of its Preparedness, Prevention and Contingency Plan (PPC), material safety, data, sheets and/or its fracturing formula.

The applicant shall provide the GIS location and make application to the City for a 911 address of the well site. The applicant must mark the site at the entrance where it intersects with a City road using a reflective address sign, in accordance with Pennsylvania Department of Transportation standards, as amended.

The access road to the well site shall be improved with a dust-free, all-weather surface in such a manner that no water, sediment or debris will be carried onto any public street.

An off-street area for maintenance vehicles to stand while gaining entrance to the access road shall be provided that does not disrupt the normal flow of traffic on the public street. Public road bonding may be required as determined by the City Engineer.