Murrysville City Zoning Code
ARTICLE V
Conditional Uses
§ 220-28 Grant of conditional approval.
A.
The Council shall have the power to decide applications for conditional uses that may be specified by this chapter. In considering such application, the Council shall give due regard to:
(1)
Health, safety and general welfare of the public;
(2)
The nature and conditions of all affected and/or adjacent uses and structures;
(3)
The recommendation of the Planning Commission;
(4)
The recommendation of the Environmental Advisory Council; and
(5)
The recommendation of the Parks and Recreation Board.
B.
Council may impose such requirements and conditions as the Council may deem necessary for the protection of affected and/or adjacent properties and the public interest.
§ 220-29 Application, fees and procedures.
A.
Applications for conditional use approval shall be filed with the Planning Commission on such forms as it may require for its recommendations and reference to the Council for decision.
C.
The application filed with the Planning Commission shall be accompanied by all documents as may be required in this article.
D.
The Planning Commission shall hold a public hearing and give notice thereof and at least 10 days’ notice to parties of interest.
[Amended 11-3-2010 by Ord. No. 816-10]
E.
The Planning Commission shall submit its recommendation to the Council within 10 days of the public meeting, whereupon the Council shall hold a public hearing within 45 days from the date of application and at least 10 days' notice to parties of interest. Upon the day for hearing, the Council may adjourn the hearing to obtain additional information or to notify other property owners who may be substantially interested in said application. In the case of an adjourned hearing, notice will be given as previously. The Council shall certify its decision to the applicant within 45 days of the date of its last public hearing on the application.
§ 220-30 General provisions.
The following basic standards shall apply to all conditional uses in any district.
A.
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the predominant character of the district or be incongruous therewith or conflict with the normal traffic on the streets thereof, both at the time and as the same may be expected to increase with any prospective increase in the population and area development, taking into account, among other things, convenient routes of pedestrian traffic, particularly of children; relation to main traffic thoroughfares and to street intersections; turning movements in relation to vehicular flow; and the general character and intensity of development of the district.
B.
The location and height of buildings; the location, nature, and height of walls and fences; display of signs in connection with the use; and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of affected and/or adjacent land and buildings or ground that is an integral part of the operation.
C.
The nature, location, size and site layout of the use shall be such that it will be a harmonious part of the district in which it is situated, taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationships of one type of use to another and characteristic groupings of uses in the district.
D.
The location, size, intensity and site layout of the use shall be such that its operations will not be a nuisance or be objectionable to nearby dwellings by reason of vibration, noise, fumes, lights or pollution of any type or be hazardous to a greater degree than is normal with respect to the proximity of other uses.
F.
In the event that conditional use requirements conflict with any other municipal land use requirement, the more restrictive shall apply.
§ 220-31 Standards for specific uses.
In addition to the general standards and criteria for all conditional uses listed in § 220-30, above, an application for any of the following uses which are listed in any Zoning District as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.
A.
Adult businesses, subject to:
(1)
No adult use shall be located within 500 feet of any residential use or district, as measured in a straight line from the lot lines of both the subject parcel and any residential use or district.
(2)
No adult use shall be located within 1,000 feet of any public park or playground, school, nursery school, day-care center, hospital, nursing home, group-care facility or church, as measured in a straight line from the lot lines of both of the subject parcel and any public park or playground, school or church.
(3)
No adult use shall be located within 500 feet of any other adult use, as measured in a straight line from the lot lines of both the subject parcel and any other adult use.
(4)
No adult use shall be located within 500 feet of an establishment which is licensed to sell and does sell alcoholic beverages, as measured in a straight line from the lot lines of both the subject parcel and any residential use or district.
(5)
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or related to specified sexual activities or specified anatomical areas from any public way or from any property not permitted as an adult use. This provision shall apply to any display, decoration, sign, show window, door or other opening.
(6)
No adult use shall be conducted in any manner that violates any of the provisions of this chapter or any other federal, state, county or municipal regulation.
(7)
The entire perimeter of any lot containing an adult use shall be landscaped with natural plant material in accordance with Article VI, except for parking lot entrance and exit.
(8)
For purposes of compliance with off-street parking requirements, a minimum of one off-street parking space per 100 square feet of gross floor area, plus one off-street parking space per employee, shall be required.
(10)
Sign regulations applicable to all adult uses:
(a)
Maximum area for any sign shall be 24 square feet.
(b)
No sign shall be placed in any window except for one sign no larger than one square foot may be placed to state hours of operation and admittance to adults only.
(c)
No sign shall be internally illuminated.
(d)
No projecting signs shall be allowed for such uses.
(e)
No freestanding signs shall be allowed for such uses.
(f)
No off-premises directional signs related to any adult use shall be permitted.
(11)
If employees or patrons of an adult use promote, solicit, allow or engage in acts of public indecency and/or prostitution on the premises, as charged by appropriate law enforcement authorities, then the zoning permit shall be suspended. Should said employees or patrons be convicted or plead guilty to said charges of prostitution as described above, then the zoning permit shall be revoked.
(12)
The applicant, any persons holding a fiduciary interest in said use and all employees shall be subject to a criminal records investigation by the Murrysville Police Department.
(13)
No person convicted of a criminal offense for any sexually related offense shall be employed by such use.
(14)
No person convicted of a criminal offense for any sexually related offense shall be granted a permit for such use.
(15)
Should such use operate as a membership club, copies of all membership applications, bylaws, procedures, etc., shall be submitted with the application for permit.
(16)
Such uses shall submit a community impact analysis consisting of the following information:
(a)
Information concerning hours of operation.
(b)
Information concerning average daily customer visits.
(c)
Information concerning the average number of daily vehicle trips estimated to be generated by such use, with peak-hour vehicle trip ends identified.
(d)
Information concerning the estimated amount of tax revenue to be generated by such a use, broken down by revenue to be paid to the Municipality of Murrysville, the County of Westmoreland and the Franklin Regional School District.
(e)
Information concerning the estimated cost of public services to be provided to such use, broken down by cost to be borne by the Municipality of Murrysville, the County of Westmoreland and the Franklin Regional School District.
(f)
Information concerning the estimated level of emergency (police, fire, ambulance, etc.) calls on a monthly basis generated by such use.
(g)
Information concerning all personnel employed by the establishment. Any change in this information to any such use shall be reported to the Municipality of Murrysville within 30 days.
(h)
Information concerning all security measures to be instituted within the facility.
(i)
Information concerning any security measures to be instituted on the lot or parcel.
(17)
The governing body may impose additional conditions for approval based upon staff review and recommendation of the community impact analysis.
(18)
The Zoning Officer shall have the right to inspect such uses periodically to assure compliance with all conditions of approval. Such inspections shall not be required to be scheduled in advance.
(19)
Violation of any performance standard listed above shall be cause for the suspension of a use and/or occupancy permit. Within 30 days of suspension of a use or occupancy permit, a hearing shall be conducted by the Zoning Hearing Board to determine if the permit shall be revoked.
B.
Animal hospital, subject to:
(1)
In the B District, the minimum lot area required for an animal hospital shall be 20,000 square feet, unless the animal hospital is located within a planned shopping center.
(2)
Outdoor kennels or runs shall not be permitted.
(3)
In the B District, overnight boarding of animals, other than for medical supervision, shall be permitted, if the animals are housed overnight within a completely enclosed building.
(4)
Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of Article XI of this chapter.
C.
Automobile service station, subject to:
(1)
All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.
(2)
All car washing areas shall discharge into public sanitary sewers.
(3)
All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence.
(4)
All vehicles awaiting repair shall be stored on the lot in an approved storage area, and in no case shall said vehicles be stored on or obstruct access to a public right-of-way.
(5)
All fuel, oil and similar substances shall be stored at least 25 feet from any property line.
(6)
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of Article XI of this chapter.
D.
Car wash, subject to:
(1)
All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car washing facilities shall be under a roofed structure which has at least two walls.
(2)
Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.
(3)
Standing spaces shall be provided in accordance with the requirements specified in § 220-56 for drive-through businesses.
(4)
The facility shall be connected to public sanitary sewer.
(5)
Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.
E.
Cemetery, subject to:
(1)
A minimum site of 10 acres is required.
(2)
A drainage plan shall be submitted with the application for the use, showing existing and proposed runoff characteristics.
(3)
A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.
(4)
Plans for ingress/egress to the site shall be referred to the Municipal Police Department for comments regarding public safety.
(6)
All maintenance equipment shall be properly stored in an enclosed building when not in use.
(7)
Burial sites shall comply with the setbacks required for principal structures in the zoning district and burial structures shall not be located within 100 feet of any property line adjoining residential use or Residential Zoning District classification.
F.
Churches, schools (public and private), subject to:
(1)
The minimum lot area required for a postsecondary school shall be 10 acres. The minimum lot area required for all other uses shall be one acre.
(2)
If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.
(3)
A dwelling (such as a manse or parsonage) may be located on the same lot with a church, provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.
(5)
All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment.
(6)
All outside storage shall be completely enclosed by a six-foot hedge or solid fence.
(7)
The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.
(8)
All sites, lots, facilities, buildings, structures and appurtenances shall have access by way of an internal street system and shall have adequate emergency vehicle and equipment access.
G.
Commercial kennels, subject to:
(2)
Demonstrate that all animals are confined to the property.
(3)
Demonstrate adequate methods for sanitation and sewage disposal.
(4)
Outdoor runs shall be located a minimum of 200 feet from any dwelling not located on the same lot.
(5)
In the R-R District, outdoor runs shall be located a minimum of 100 feet from any lot lines. There shall be no outdoor runs authorized for commercial kennels in the B District.
(6)
Outdoor runs shall be screened to reduce the potential for inciting dogs to bark due to external influences.
(7)
A site plan, drawn to scale, shall accompany the application, indicating the location of existing and/or proposed parking facilities, buildings, runs and other physical features.
H.
Concentrated animal operations, subject to:
(1)
Approval for such operations from the Pennsylvania Department of Environmental Protection, the Nutrient Management Act Regulations, Title 25, Chapter 83.
(2)
Such use shall not be located within 500 feet of any property line, nor within 1,000 feet of any occupied dwelling, public building, school, park, community or institutional building. These setback requirements shall not apply to structures located on the same lot as the proposed use.
(3)
The construction of solid or liquid waste facilities shall not be permitted until such time as compliance with the Title 25, Chapter 83, regulations is demonstrated in writing.
I.
Commercial recreation, subject to:
(1)
The minimum lot area required for outdoor recreation facilities shall be one acre. All indoor facilities shall meet the minimum lot area required for the zoning district in which the property is located.
(2)
The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
(3)
Adequate sanitary facilities available to the public shall be provided.
(4)
Outdoor speakers shall not be permitted if there are dwellings within 500 feet of the property in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize impact on adjoining properties.
(5)
Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.
(6)
Any outdoor facility located within 200 feet of an existing dwelling shall cease operations no later than 10:00 p.m.
(7)
Any use which includes eating or drinking facilities shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational use.
J.
Comparable uses not specifically listed, subject to:
(1)
Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Board shall consider the following characteristics of the proposed use:
(a)
The number of employees;
(b)
The floor area of the building or gross area of the lot devoted to the proposed use;
(c)
The type of products, materials and equipment and/or processes involved in the proposed use;
(d)
The magnitude of walk-in trade; and
(e)
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of Article VI of this chapter.
(f)
For those uses included in the most recent edition of the Standard Industrial Classification Manual published by the Office of Management and Budget, whether the proposed use shares the same NAICS Code or Major Group number as one or more uses that are specifically listed in the zoning district.
(2)
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
(3)
The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception or condition use listed in the zoning district in which the comparable use is proposed.
(4)
The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.
K.
Day-care center, subject to:
(1)
The facility shall be registered with or licensed by the Commonwealth of Pennsylvania.
(2)
In the R-R and R-1 Zoning Districts, the facility shall be permitted to be located only in a church or school.
(3)
Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate. The location of the outdoor play area shall take into account the relationship to adjoining properties.
(5)
The general safety of the property proposed for a day-care center, nursery school or preschool facility shall meet the needs of small children. There shall be no potential hazards in the outdoor play area and a safe area for dropping off and picking up children shall be provided.
L.
Drug and/or alcohol treatment facilities, subject to:
(1)
Such uses shall be licensed by the appropriate departments and/or agencies of the Commonwealth of Pennsylvania. Said license and all appropriate documentation shall be submitted with the application for such use.
(2)
Such uses shall not be located within 500 feet of any school, playground, residential dwelling, child-care facility or house of worship.
(3)
Such uses shall provide one off-street parking space for each employee, plus one off-street parking space for each 200 square feet of gross floor area dedicated to such use.
(4)
Such uses shall be conducted in a manner that does not violate any provisions of this chapter or any other federal, state, county or municipal statute or regulation.
(5)
The entire perimeter, except the entrance and/or exit to parking areas, of any lot containing such use shall be landscaped with natural plant material in accordance with Article IV of this chapter.
(6)
Such uses shall be set back a minimum of 50 feet from any lot line.
(7)
One sign, a maximum of two square feet, is permitted.
(8)
Such uses shall be manned during all hours of operation by personnel licensed by the Pennsylvania Department of Health.
(9)
Such uses shall submit a community impact analysis consisting of the following information:
(a)
Information concerning hours of operation.
(b)
Information concerning patient treatment capacity.
(c)
Information concerning average daily patient visits.
(d)
Information concerning the average number of daily vehicle trips estimated to be generated by such use, with peak-hour vehicle trip ends identified.
(e)
Information concerning any and all public transportation connections to or from Pittsburgh and Greensburg that might serve the facility.
(f)
Information concerning the estimated amount of tax revenue to be generated by such a use, broken down by revenue to paid to the Municipality of Murrysville, the County of Westmoreland and the Franklin Regional School District.
(g)
Information concerning the estimated cost of public services to be provided to such use, broken down by cost to be borne by the Municipality of Murrysville, the County of Westmoreland and the Franklin Regional School District.
(h)
Information concerning the estimated level of emergency (police, fire, ambulance, etc.) calls on a monthly basis generated by such use.
(i)
Information concerning all personnel licensed by the Pennsylvania Department of Health. Any change in this information to any such permitted use shall be reported to the Municipality of Murrysville within 30 days.
(j)
Information concerning all security measures to be instituted within the facility.
(k)
Information concerning any security measures to be instituted on the lot or parcel.
(10)
Such uses shall submit a monthly report to the Municipal Police Department identifying any patients who are receiving treatment as a result of sentencing for conviction of any criminal offense.
(11)
The governing body may impose additional conditions for approval based upon staff review and recommendation of the community impact analysis.
(12)
The Zoning Officer shall have the right to inspect such uses periodically to assure compliance with all conditions of approval. Such inspections shall not be required to be scheduled in advance.
(13)
Violation of any performance standard listed above shall be cause for the suspension of a use and/or occupancy permit. Within 30 days of suspension of a use or occupancy permit, a hearing shall be conducted by the Zoning Hearing Board to determine if the permit shall be revoked.
M.
Equipment storage yard, contractor's yard, subject to:
(1)
The minimum site required for an equipment storage yard shall be five acres.
(2)
The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.
(4)
No repair of vehicles or equipment shall be permitted outside a completely enclosed structure.
(6)
Engines shall not be started or kept running before 5:30 a.m. or after 8:00 p.m. if the site is located within 500 feet of an existing dwelling.
(7)
All lighting shall be shielded and reflected away from streets and any adjoining residential properties.
N.
Forestry, subject to:
(1)
Forestry uses shall not adversely impact jurisdictional wetlands, floodplains, streams and/or designated aquifer protection areas.
(2)
Applicants for a zoning permit for forestry uses shall be required to provide documentation that such operations will not adversely impact plants or animals listed as rare, threatened or endangered in the Pennsylvania Natural Diversity Index.
(3)
Applicants for a zoning permit for forestry uses shall be required to provide documentation that such operations will not adversely impact plants or animals deemed worthy of protection listed in the Natural Areas Inventory for Westmoreland County.
(4)
Applicants for a zoning permit for forestry uses shall provide copies of a forestry plan prepared by a professional forester and reviewed and approved by the Westmoreland County Conservation District.
O.
Funeral home and mortuaries, subject to:
(1)
The minimum lot area shall be 40,000 square feet.
(2)
The site shall have frontage on and direct vehicular access to an arterial or collector street.
(3)
All off-street parking areas which adjoin residential zoning classification shall be screened by a six-foot dense compact evergreen hedge.
(4)
Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.
P.
Gas and oil extraction.
(1)
The applicant shall submit evidence that all required materials have been submitted to the Department of Environmental Protection.
(3)
The applicant shall submit cross sections of the proposed access where it meets municipal streets.
(4)
The applicant shall submit site distance measurements for the access, whether proposed or existing.
(5)
The applicant shall submit a plan showing the access route (of municipal or state roads) over which heavy equipment will travel to the site.
(6)
The preceding items (1) through (5), along with the required fee, shall constitute the minimum required to consider the request for conditional use complete.
(7)
The applicant shall meet all current minimum driveway site distance standards and shall demonstrate that the point of access to any municipal street will not cause the erosion of mud or debris onto said street.
(8)
The applicant shall post all necessary street bonding as approved by the Municipal Engineer.
Q.
Group care facility, personal care boarding home or transitional dwelling, subject to:
(1)
The minimum area and bulk regulations for a group care facility, personal care boarding home or transitional dwelling shall be the same as those required for a principal use in the zoning district in which the facility is located.
(2)
In the R-3 District, a transitional dwelling or personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector street as defined by the Comprehensive Plan.
(3)
In the R-1 and R-2 Districts, the maximum number of residents housed in a personal care boarding home or transitional dwelling shall be 10.
(4)
No group care facility, personal care boarding home or transitional dwelling shall be located within 500 feet of another existing or proposed group care facility, personal care boarding home or transitional dwelling.
(5)
Adequate provisions shall be made for access for emergency medical and fire-fighting vehicles.
(6)
24 hour supervision shall be provided by staff qualified by the sponsoring agency.
(7)
Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a fence with self-latching gate.
(8)
Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
R.
Heavy manufacturing, subject to:
(1)
The minimum site required shall be 10 acres.
(2)
The site shall have frontage on and direct vehicular access to an arterial or collector street.
(3)
The site shall not be located within 1,200 feet of any residential dwelling, measured from any property boundary of the site in a straight line along a public street right-of-way to the nearest wall of a residential dwelling.
(4)
All activities shall comply with the performance standards specified in Article VI of this chapter.
(5)
All materials, equipment and processes shall be contained within a completely enclosed building, and windows and doors shall remain closed during manufacturing processes.
(6)
Adequate public utilities shall be available to meet the demands of the proposed manufacturing processes.
(7)
Adjacent public streets shall be adequate to accommodate traffic volumes and weight limits associated with truck traffic to and from the site.
(8)
The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).
S.
Junkyard, subject to;
(1)
The minimum site required shall be 20 acres.
(2)
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by the Comprehensive Plan.
(3)
The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.
(4)
No garbage, hazardous materials or hazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.
(5)
The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of Article XI of this chapter.
(6)
The manner of storage of junk or other materials or equipment on the site shall facilitate access for fire fighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.
(7)
The junkyard operation shall comply with the performance standards of Article VI of this chapter.
(8)
No junk shall be stored or accumulated and no structure shall be located within 300 feet of any dwelling or within 100 feet of any property line or public street.
(9)
The premises shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by item (11), below and shall be maintained in good condition.
(10)
The fence shall be supplemented with screening material which creates a visual barrier that is at least eighty-percent opaque.
(12)
The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets and properties.
(13)
The operator shall obtain a license from the Municipality prior to initiating operations which shall be renewable annually upon payment of the required license fee established from time to time by resolution of the Council of Murrysville and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.
T.
Mineral removal.
(1)
The following basic standards shall apply to all conditional uses involving mineral removal in any district, which shall be met in addition to those more particularly set forth in each subsection herein.
(a)
Formal requisites of an application for conditional use approval. Any person, firm or corporation desiring to undertake mineral removal within the Municipality shall submit with the application copies of all documents, application and/or other supporting material submitted and/or proposed to be submitted to the Commonwealth of Pennsylvania and/or other governmental unit relating to application for any permit to be granted by or through any department thereof.
(b)
Financial security. The applicant shall include with the application financial security in an amount and in such form as is acceptable to the Council or a written commitment to provide such prior to issuance of the conditional use permit.
[1]
The amount of said security shall be based upon the amounts deemed by the Council reasonably necessary to assure:
[a]
Protection of the following from subsurface subsidence: municipal roads, public utilities, municipal utilities, semipublic structures and public and private land and structures, and water used for drinking, and sanitary and other private facilities.
[b]
Payment for excessive maintenance expense of any roadway, right-of-way or easement caused by the applicant's proposed use.
[c]
Replacement of any roadway, right-of-way and utility service, public and municipal, that is proposed to be relocated by the applicant.
[d]
In the case of deep mining that is proposed to extend under buildings and structures not granted support by the Pennsylvania Bituminous Mine Subsidence and Land Conservation Act of 1955, the amount of said security shall equal the appraisal value of all unprotected buildings and structures directly above and/or above and 200 feet horizontally away from the proposed coal removal. This security shall be held for five years.
[e]
Replacement and restoration of the surface of the land.
[2]
The Council may accept financial security in the form of a bond or bonds, in a company authorized to do business in the Commonwealth of Pennsylvania, designated for the use of the Municipality of Murrysville, or it may accept a letter of credit in acceptable form, or it may accept cash in escrow, or it may accept a combination thereof.
[3]
The security shall be released by the Council as performance by the applicant is completed on a schedule to be agreed to, taking into consideration the nature and extent of applicant's proposed undertaking, but in no case shall surface replacement security be held longer than five years after applicant has withdrawn mineral removal activity from the premises concerned.
[4]
The applicant shall provide with the application evidence of public liability insurance in a company authorized to do business in the Commonwealth of Pennsylvania in the amount of $100,000 each person, $300,000 each occurrence and $50,000 property damage.
(c)
Documents and supporting data to accompany the application.
[1]
To the extent that the same is not otherwise included and shown on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental unit or to be submitted therewith, or where no such permit is applicable, maps shall accompany the application to the Commission and to the Council which shall show the existing and proposed location, in scale, of all spoil piles, access roadways, buildings, structures, mineral removal structures, accessory buildings, property lines, roads, dwellings, streams, utilities and the area from which the mineral is proposed to be removed. Such maps or plans shall include artist sketches or graphic representations or renditions of all buildings, structures, mineral removal structures, accessory buildings and access roadways. The location of all buildings, structures, accessory buildings and mineral removal structures shall meet the basic front yard, rear yard, setback and area requirements contained in Article III hereof, as the same may pertain to the zoning district for which conditional use is requested.
[2]
To the extent that the same is not otherwise included and shown on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental unit or to be submitted therewith, or where no such permit is applicable, there shall accompany the application, in narrative form, a statement of the intended manner of operation, that shall include but not be limited to spoil pile design and construction, drainage and water treatment operations, erosion control, fire protection operations, probable time schedule to open and close operations, nature and extent of reclamation and average percentage of removal per acre of mineral proposed.
(d)
Requirements relating to adjacent areas. The Council may impose such requirements and conditions relating to screening, fencing and the nature and extent of landscaping of the proposed site where the conditional use approval would entail development to a nature out of harmony with the existing structures or developments. In addition, where appropriate, the Council may require:
[1]
Provision for mine abandonment or nonoperation for periods in excess of six months, that shall include provision for sealing of entrances, handling of drainage, provision for maintenance of buildings, accessory buildings and mineral removal structures and provision for control of erosion and removal of all equipment.
[2]
Provision for reclamation on termination of mineral removal that shall include but not be limited to replanting, leveling and removal of constructed units and that shall include replacement of municipal utilities, public utilities and roads and replacement and preservation of the surface, buildings and structures.
[3]
The procedure to be observed in the use of and maintenance of municipal roads involved in a change of road surface and removal of mined or quarried minerals from the site of the road that shall include a list of all proposed detour routes and that shall include compliance with Commonwealth of Pennsylvania road construction regulations and statutes and municipal construction standards.
[4]
The posting of financial security as specified in this article as a condition precedent to issuance of an operation permit.
(e)
Murrysville shall abstain in the application of any local regulations and the enforcement of matters determined to be within the exclusive jurisdictional authority of the Commonwealth of Pennsylvania Department of Environmental Protection.
(2)
Quarrying, mining, excavation and/or mineral removal.
(a)
Quarrying, mining, excavation and/or mineral removal shall be conducted in conformance with Acts 418 of 1945, 219 of 1984, and 1 of 1955.
(b)
All quarrying, mining, excavation and/or mineral removal shall comply with the impact analysis requirements contained in Chapter 201, Subdivision and Land Development, of this Code.
(c)
All quarrying, mining, excavation and/or mineral removal shall comply with the following standards:
[1]
All facilities considered for conditional use under this subsection shall submit the following information:
[a]
A description of the specific types of material the applicant proposes to extract from the site.
[b]
A description of the specific technology(ies) and procedures the applicant proposes to utilize at the facility.
[c]
Preliminary specifications and architectural drawings of all structures and appurtenances to be located on the site.
[d]
An approved site plan.
[e]
A statement of qualifications to operate a quarry, mining or excavation facility.
[f]
A complete compliance history for any and all facilities owned and/or operated by the applicant, any parent, subsidiary or cooperative owner/operator of similar facilities.
[g]
Any and all information supplied to the Pennsylvania Department of Environmental Protection or the United States Environmental Protection Agency regarding the proposed site and/or facility.
[h]
The names and addresses of any person, corporation or partnership having any financial interest in the construction, permitting, operation and/or closure of such facility.
[i]
Any and all royalty and/or contingent payment agreements related to siting, permitting and/or operation of such facility.
[j]
All documents required under federal, state, county or municipal statutes, regulations and/or ordinances.
[k]
All insurance policies, closure accounts and/or documents relating to self-insurance for the subject application.
(e)
Applicants shall provide 10 copies of all required studies and reports and an approved land development plan, including all tracts of land to be subject to the proposed use.
(f)
All applications for conditional use under this subsection shall include the following:
[1]
The name and address of any person, corporation, partnership, joint ventures and limited or general partner holding any financial interest in the proposed use.
[2]
A delineation of all areas to be quarried, mined or excavated and areas for any related accessory or associated use shall be shown on the site plan.
[3]
The location and description of the types of resources to be quarried, mined or excavated.
[4]
All natural and man-made features such as streams, roads, railroads, buildings, utility lines, prime agricultural soils, wetlands and areas of environmental concern shall be shown on the site plan.
[5]
The location of all buildings within 1,000 feet of the proposed use and the names and address of owners and present occupants of said buildings shall be shown on the site plan.
[6]
The location of all rights-of-way and easements, abutting and/or adjoining zoning districts and land uses shall be shown on the site plan.
(g)
All applications for conditional use under this subsection shall submit a proposed quarrying, mining, excavation, and/or mineral removal plan, indicating specific stages and facilities, areas affected, phasing and time schedule and a reclamation plan.
(h)
All quarrying, mining, excavation, and/or mineral removal operations shall be subject to the following standards and requirements:
[1]
The applicant shall obtain any and all required federal, state, county and municipal permits prior to submitting an application for conditional use.
[2]
Grading, backfilling and replacement of all overburden material shall be done in a manner that will restore the site to the same or a more suitable condition and/or useable grade than previously existed on the site.
[3]
Fencing and visual and acoustic screening shall comply with the standards contained in Articles VI of this chapter.
[4]
No quarrying, mining and/or excavation operations, including drilling and blasting, shall occur on Sunday and shall not be conducted earlier than 7:00 a.m. nor later than 5:00 p.m. during the remainder of the week.
[5]
All applications for conditional use under this subsection shall provide a detailed erosion and sediment control plan approved by the Westmoreland County Conservation District.
[6]
All applications for conditional use under this subsection shall provide a detailed stormwater management plan approved by the Municipal Engineer.
[7]
The side walls of any quarrying, mining or excavation operation that are not completely backfilled shall have a slope no greater than one foot of vertical distance for each two feet of horizontal distance.
[8]
Dust and debris from any conditional use permitted under this subsection shall not be allowed to accumulate within any public right-of way.
(i)
Any use permitted under this subsection shall at all times comply with all applicable federal, state, county or municipal laws, regulations and/or ordinances. Failure to maintain such compliance shall cause the zoning permit to become null and void. Reissuance of a permit under said noncompliance shall only occur after a public hearing, conducted by the Zoning Hearing Board, and the demonstration by the applicant that the conditions that caused the nullification of the permit have been corrected.
(j)
Any use permitted under this subsection shall not increase the background level of air quality, odors or noise beyond the level existing at the site prior to the issuance of the zoning permit, as set forth in the study submitted with the application.
(k)
Any use permitted under this subsection shall comply with the performance standards contained in Article VI of this chapter.
(l)
Any use permitted under this subsection shall not injure or detract from the lawful existing or permitted uses of adjoining properties.
(m)
The Municipality shall have the right to enjoin operations at the site of any use permitted under this subsection should there be a documented violation of any of the conditions of the permit.
U.
Hotels, subject to;
(1)
No hotel shall have a lot area less than neither one acre nor a lot of a size less than 2,000 square feet per sleeping unit.
(2)
Hotels shall utilize collective sewers connecting with an approved community or on-site sewage disposal system.
(3)
Front, side and rear yards of the hotel shall be permanently landscaped and maintained in good condition.
V.
Municipal facilities, subject to:
(1)
Council shall consider the recommendation of the Planning Commission and public comment before considering an application for a municipal facility.
W.
Zoning districts allowing telecommunications antennas, towers and facility buildings.
(1)
Communications antennas mounted on an existing building or existing public utility storage or transmission structure, subject to:
(a)
Building-mounted antennas shall not be permitted on any single-family or two-family dwellings.
(b)
The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).
(c)
The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.
(d)
Building-mounted antennas shall be permitted to exceed the height limitations of the district by no more than 20 feet. Antennas mounted on existing public service corporation facility storage or transmission tower shall not project more than 20 feet above the height of the tower.
(e)
Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.
(f)
Directional or panel antennas shall not exceed five feet in height or two feet in width.
(g)
Satellite and microwave dish antennas mounted on the roof of a building or on a self-supporting communications tower shall not exceed six feet in diameter.
(h)
Satellite and microwave dish antennas mounted on a monopole communications tower or existing public service corporation facility storage or transmission structure shall not exceed two feet in diameter.
(i)
The applicant proposing a building-mounted antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's location.
(j)
Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet or equipment building shall be provided to the Borough.
(k)
The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.
(l)
Unless located within a secured building, the equipment cabinet or equipment building shall be fenced by a ten-foot-high chain link security fence with locking gate. If the equipment cabinet or equipment building is visible from any public street or adjoining residential property, the equipment cabinet or equipment building shall be screened by a minimum six-foot-high compact evergreen hedge.
(m)
If vehicular access to the equipment cabinet or equipment building is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided which has a minimum width of 20 feet and which shall be improved with a dust-free all-weather surface for its entire length.
(n)
At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.
(2)
Communications tower, subject to:
(a)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a commercial communications tower.
(b)
Any applicant proposing a new freestanding commercial communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing commercial communications tower. A good faith effort shall require that all owners within a one-quarter-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:
[1]
The proposed equipment would exceed the structural capacity of the existing building, commercial communications tower or other structure, and reinforcement of the existing building, tower or other structure cannot be accomplished at a reasonable cost.
[2]
The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that building, tower or other structure, and the interference cannot be prevented at a reasonable cost.
[3]
Existing buildings, commercial communications towers or other structures do not have adequate space to accommodate the proposed equipment.
[4]
Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.
(c)
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).
(d)
The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.
(e)
In the R-R, R-1, R-2, R-3 and MU Districts, the maximum height of a communications tower shall be 125 feet. In the B District, the maximum height of a communications tower shall be 200 feet.
(f)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.
(g)
In all districts, all parts of the communications tower, including guy wires, if any, shall be set back from the property line at least 50 feet, except for guyed towers which shall be set back a distance equal to the height of the tower. If the tower is located on property which adjoins any R Zoning District, the setback shall be at least 200 feet. Where the communications tower is located on a leased parcel within a larger tract, the setback shall be measured from the property line which separates the adjoining residentially zoned property from the larger tract controlled by the lessor, rather than from the boundaries of the leased parcel, provided the larger tract is either vacant or developed for a use other than single-family dwellings.
(h)
The tower and all appurtenances, including guy wires, if any, and the equipment cabinet or equipment building shall be enclosed by a minimum ten-foot-high chain link security fence with locking gate.
(i)
The applicant shall submit evidence that the tower and its method of installation 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 the Pennsylvania Uniform Construction Code and accepted engineering practice.
(j)
Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structures.
(k)
Access shall be provided to the tower and equipment cabinet or equipment building by means of a public street or right-of-way to a public street. The right-of-way shall be a minimum of 20 feet in width and shall be improved with a dust-free all-weather surface for its entire length.
(l)
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 Municipality.
(m)
Approval of a land development plan, prepared in accordance with the requirements of the Municipality's Subdivision and Land Development Ordinance, shall be required for all towers.
(n)
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.
(o)
The owner of any communications tower which exceeds 50 feet in height shall submit to the Municipality 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 Municipality by a structural engineer at the owner's expense.
(p)
The owner of the communications tower shall notify the Municipality immediately upon cessation or abandonment of the operation. The owner of the communications tower shall dismantle and remove the communications tower within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the Municipality to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of Article XI of this chapter.
(q)
All tower structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.
(r)
All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.
(s)
No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.
(t)
The exterior finish of the tower shall be compatible with the immediate surroundings. The tower, the equipment cabinet or equipment building, and the immediate surroundings shall be properly maintained.
(u)
The base of the tower shall be landscaped suitable to the proposed location of the tower, if the base of the tower is visible from adjoining streets or residential properties.
(v)
At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers. Manned equipment buildings shall provide one parking space for each employee working on the site.
(w)
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).
X.
Child-care center, subject to:
(1)
Such facilities shall be a secondary use located within a housing development of 20 units or more or a multifamily structure of 12 units or more.
(2)
There shall be one off-street parking space provided for each employee, plus one off-street parking space for each 400 square feet of gross floor area.
(3)
All such facilities shall provide a passenger dropoff and pickup location on the site.
(4)
One sign, a maximum of nine square feet of gross sign area, shall be permitted.
(5)
The owner and all employees shall be licensed by the Pennsylvania Department of Health to operate such a facility.
(6)
All employees of such a facility shall be required to undergo a criminal background investigation by the Murrysville Police Department. The applicant shall pay the cost of such investigation.
(7)
No person convicted of any sexually related criminal offense or any violent criminal offense shall be employed by such a facility.
(8)
Any outdoor play areas and facilities shall be adequately screened from adjoining residential uses.
(9)
Any outdoor play areas shall be protected with a child safety fence around the entire perimeter of the play area a minimum of four feet high.
(10)
All such facilities shall connect all fire alarms and burglary alarms to the appropriate emergency communications facility.
(11)
All such facilities shall provide municipal emergency service providers with a detailed emergency plan, including an emergency evacuation plan.
Y.
Waste storage, treatment, processing and disposal facilities.
(1)
No applications for facilities considered for conditional use under this subsection shall be processed unless fully permitted by the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency, and such other federal or state agencies as required under applicable enabling statutes.
(2)
All facilities considered for conditional use under this subsection shall submit the following information for the site:
(a)
A description of the specific types of waste the applicant proposes to accept for storage, treatment, processing or disposal at the site.
(b)
A description of the specific technology and procedures the applicant proposes to treat, process and dispose of waste at the facility.
(c)
Preliminary specifications and architectural drawings of the proposed facility.
(d)
An approved site or land development plan.
(e)
A statement of qualifications to operate a waste disposal facility.
(f)
A complete compliance history for any and all facilities owned and/or operated by the applicant and any parent, subsidiary or cooperative owner/operator of waste treatment, processing or disposal facilities as per Pennsylvania Department of Environmental Protection Form HW-C, Compliance History and Instructions.
(g)
Any and all information supplied to the Pennsylvania Department of Environmental Protection or the United States Environmental Protection Agency regarding the proposed site and/or facility.
(h)
The names and addresses of any person, corporation or partnership having any financial interest in the construction, permitting, operation or closure of such facility.
(i)
Any and all royalty and/or contingent payment agreements related to siting, permitting or operation of such facility.
(j)
All documents required by federal and/or state law regarding registered lobbyist(s) acting on behalf of the applicant or any related party.
(k)
All insurance policies, closure accounts and/or documents relating to self-insurance for the subject application.
(l)
A proposed siting agreement specifying the terms, conditions and provisions under which the facility shall be constructed, maintained and operated, including but not limited to the following terms, conditions and provisions:
[1]
Facility construction and maintenance procedures.
[2]
Operating procedures and practices and the design of the facility and its associated activities.
[3]
Monitoring procedures, practices and standards necessary to assure and continually demonstrate that the facility will be operated safely.
[4]
The services to be offered by the applicant to the community.
[5]
The compensation, services and special benefits to be provided to the community by the applicant and the timing and conditions of their provisions.
[6]
Provisions for renegotiation of any term, condition or provision of the siting agreement or of the entire agreement.
[7]
Provisions for resolving any disagreements in the construction and interpretation of the siting agreement that may arise between the parties.
[8]
Provisions for compensation to be paid to abutting landowners, residents, occupants or impacted communities, landowners, residents or occupants.
[9]
Provisions for direct monetary payments to the Municipality and special services to be provided for demonstrable adverse impact.
[10]
Provisions to assure health, safety, comfort, convenience and social and economic security of the residents and businesses in the Municipality.
[11]
Provisions to assure the continuing economic viability of the project.
[12]
Provisions to assure the protection of environmental and natural resources.
[13]
Provisions to provide compensation to landowners, residents, occupants, businesses and industries for adverse economic impacts demonstrably attributable to the facility.
[14]
Provisions to compensate municipal, county and/or other agencies for the review costs incurred due to the applicant's proposal.
[15]
Provisions to provide site access to any and all municipal, county, state and federal employees and/or their consultants regarding review of the proposal or the site.
(3)
The adequacy of all applicant submissions shall be determined by the Municipal Engineer and/or consultant as designated by Council.
(4)
All applicants for permits under this subsection shall include the following certification: "I, the undersigned, under the pains and penalties of perjury, certify that I have personally examined and am familiar with the information submitted in the attached documents supporting the application, prepared by or under the direction of the developer, and that the information contained in the application and the supporting documents is true, accurate and complete." The above application is to be signed by the chief executive officer of the application entity.
Z.
Mixed-use Development.
[Amended 8-6-2008 by Ord. No. 771-08]
(1)
Mixed-use development standards.
(a)
The minimum site area shall be five acres.
(b)
All development shall comply with the performance standards of the Business District within § 220-16 of the chapter.
(c)
No more than 60% of the development's gross floor area shall be devoted to residential dwelling units, including hallways and service areas on floors of apartment or mixed-use buildings that serve said units. The following forms of dwelling units shall be authorized: townhouse, triplex, fourplex, two-family, apartment, garden apartment and personal-care boarding home.
(d)
Residential dwelling units are also authorized within mixed-use buildings with the following standards: Residential dwelling units shall not be located on the first floor of the building, and each shall include a minimum of 800 square feet. Mixed-use buildings shall be subject to building design standards applied by the general design standards of this section as commercial or nonresidential buildings.
(e)
Maximum impervious surface coverage and setbacks. The impervious surface coverage (including parking and access drives directly fronting the following units) associated with each dwelling unit classified as a townhouse, triplex, fourplex, or two-family dwelling shall require the provision of 45 square feet of associated pervious and landscaped area for every 65 square feet of such impervious surface constructed. (This requirement effectively imposes impervious surface maximums commensurate with the R-3 District.) Said area shall be delineated on the plan. Additionally, said units shall be subject to the perimeter setbacks bordering adjacent sites and setbacks between such buildings as required by Article IV, Planned Residential Development. The remainder of the project area shall be subject to the bulk standards of the B District, with the provision that all other principal structures shall be spaced a minimum of 30 feet from any other principal structure on the site.
(f)
Council shall require the recordation of covenants by phase guaranteeing ultimate compliance with the preliminary and tentative plans approved.
(2)
Any residential structure as authorized in the Mixed Use Development shall adhere to the standards required in § 220-67.1, Building design and amenities performance standards.
(3)
Any development submitted in accordance with this section shall consider and reasonably adhere to those illustrations presented within Appendix A, General Business Overlay Design Manual, as design guidelines demonstrating the criteria of this section in a manner that meets its objectives.[3]
[3]
Editor's Note: Appendix A is included at the end of this chapter.
(4)
Council, in considering the above conditional use, may entertain those modifications authorized by § 220-67.1F, regarding building design standards, and § 220-51B(2), regarding landscaping requirements, where Council finds that the requested modification meets each respective section, the objectives of this section, and the general findings required by this chapter for conditional use approval.
AA.
Old William Penn Highway setback reduction, subject to:
(1)
The structure shall be accompanied by a sidewalk meeting minimum municipal standards and integrated with the street, building entrances, and sidewalks or parking on adjoining properties where possible.
(2)
The setback may be reduced to that of existing adjacent structures, if involving one building requested on one lot, unless the most adjacent structure does not adhere to the existing character of the block on which it is located, as determined by Council. Where multiple structures are proposed, or where the proposed structure is equal to or greater than 100 feet from adjacent structures facing Old William Penn, the overall character of the block shall be considered as a finding of fact wherein the approved setback of the structures proposed shall not alter the essential character of the existing neighborhood.
(3)
The setback shall consider planned municipal right-of-way expansions and the Official Map.
(4)
In no case shall the setback be reduced to less than 15 feet from the existing or planned right-of-way, as may be denoted on the Official Map.
(5)
The structure shall adhere to the following standard as applied to the face of the structure that most nearly parallels Old William Penn Highway when the face of the structure is greater than 75 feet measured horizontally. The structure shall include a break, defined as an offset in the building's footprint, of at least three feet for every 75 feet of said building face. The offset shall encompass at least 25% of the total horizontal length. The offset may be reduced to one foot where a change of building facade or material is employed.
(6)
Entrances bearing direct access to the street corridor shall be required for each offset required.
(7)
The structure shall be constructed to a maximum of 40 feet in height as applied to the face of the structure that most nearly parallels Old William Penn Highway. The remainder of building faces shall be limited to the height of the underlying B District standards. Height shall be calculated from the average grade of ground on said building face.
BB.
Planned commercial center.
[Added 8-6-2008 by Ord. No. 771-08]
(1)
Purpose, applicability and development objectives:
(a)
The planned commercial center development option aims to accommodate overall community growth in Murrysville in a manner that will protect, preserve, enhance and balance the environmental, economic, social, cultural and aesthetic values desirable in a predominately rural atmosphere.
(b)
Direct market-driven development as reasonable growth to areas bearing proper infrastructure while providing for the highest and best use of properties bordering the Municipality's major and minor arterials.
(c)
Provide for the accommodation of regional nodes of development in a manner that maintains the property values of uses within surrounding commercial and residential districts.
(d)
Encourage innovation and creativity in building design, pedestrian access, and vehicular circulation in a manner that balances the functionality and needs of each establishment with the needs of current and anticipated residents and patrons and the integrity of existing plans and neighborhoods.
(2)
Basic site criteria and definition of the site.
(a)
The site shall be defined as the entire area of all existing parcels included within the tentative plan application.
(b) ENVIRONMENTALLY SENSITIVE AREAS IMPERVIOUS SURFACE COVERAGE LARGE RETAIL STORE
The following definitions apply within this subsection:
Area of the site in square feet consisting of steep slopes as regulated by the supplemental standards of this chapter, one-hundred-year floodplains and floodways, and wetlands as regulated by this chapter and the Department of Environmental Protection.
Land area covered by structures housing a particular use category as defined in § 220-27.4 Permitted uses; and all impervious surfaces, including streets, access drives and parking stalls directly servicing said permitted uses. For purposes of this chapter, building coverage shall be credited or classified within the use category of the predominant or principal use of the first floor. Therefore, a retail building with second-story office is classified as a retail use, while the parking coverage dedicated to the office use shall be classified as office use impervious surface coverage.
Any single retail establishment occupying 75,000 square feet or more of total or gross floor area on the first floor of any structure or 40,000 square feet or more of gross floor area on the first floor when all stories occupied equal or exceed 80,000 of gross floor area.
(c)
Minimum site area shall be 20 contiguous acres, not separated by existing streets.
(d)
Developments shall be directly serviced by adequate road infrastructure which meets those criteria determined by a submitted traffic study and municipal criteria, including but not limited to levels of service cited in Chapter 135, Impact Fees, and Chapter 97, Roads and Streets Construction. Adequacy of infrastructure shall include an assessment of roads immediately adjoining the site and those which provide direct access to the site. The specific requirements of the study and said adequacy shall be demonstrated by one or a combination of the following in consideration of accident history, trips generated above the base zoning, and resulting functional classification of the road:
[1]
Width of the cartway.
[2]
Horizontal and vertical alignment in relationship to sight distances and increased trip generation.
[3]
The Municipality may consider related projects and the scheduled date of each as included on the Transportation Capital Improvements Program as revised and included in Chapter 135, Impact Fees, in its evaluation of street adequacy.
[4]
In consideration of trip generation, the Municipality may approve development phases contingent upon and commensurate with any planned improvements of the above infrastructure as a condition of preliminary and final plan approvals implementing the planned commercial center conditional use whether or not said infrastructure improvements are included on the Municipality's Transportation Capital Improvements Program.
(e)
Ownership. The site proposed for a planned commercial center shall be under single ownership and control. Prior to submitting an application for approval, the applicant shall demonstrate ownership or equitable title of the site.
(f)
The development shall be served by public water and sewer.
(3)
Permitted uses.
(a)
The following defines those uses authorized within a planned commercial center.
(b)
Retail uses shall include the following as authorized, provided that Large Retail Stores shall be limited to one for each 50 acres of the total site:
Use | Subject to | Permitted Use (P) or Conditional Use (C) | |
|---|---|---|---|
Convenience store | — | P | |
Financial institution | — | P | |
Local retail business | — | P | |
Personal services | — | P | |
Recreation, indoor commercial | § 220-31I | C | |
Recreation, outdoor commercial | § 220-31I | C | |
Restaurants | — | P | |
Retail store | — | P | |
Sale and storage of building materials | — | P | |
Therapeutic massage establishment | — | P |
(c)
Office uses shall include the following, as authorized:
Use | Subject to | Permitted Use (P) or Conditional Use (C) | |
|---|---|---|---|
Adult day care | § 220-31K | C | |
Business or professional office, large | — | P | |
Business or professional office, small | — | P | |
Business services | — | P | |
Child-care center | § 220-31X | C | |
Church | § 220-31F | P | |
Contracting business | — | P | |
Day-care center | § 220-31K | P | |
Funeral homes and mortuaries | § 220-31O | C | |
Garage, public | — | P | |
High-technology industries | — | P | |
Hospital | — | C | |
Hotel | § 220-31U | C | |
Municipal facilities | § 220-31V | P | |
Research and development | — | P | |
School, commercial | — | P | |
School, public or private | § 220-31F | C |
(4)
Required ratio of impervious surface area by use.
(a)
A minimum of 15% of the impervious surface coverage provided shall be dedicated for development as office use, with the remainder authorized as retail use impervious surface coverage.
(b)
Where part of the development is zoned as B, Business, the area determined by § 220-27.4E(2) may be allotted entirely to retail use as impervious surface coverage.
(5)
Impervious surface coverage authorized.
(a)
This section authorizes the total amount of impervious surface coverage in square feet of retail and office uses. Each portion of the site defined in this section is authorized an amount of impervious surface coverage based on the underlying zoning. The total amount authorized may be constructed as uses that, in combination, do not exceed the amount authorized and meet the standards, buffering, and location requirements of this article. Therefore, the impervious surface area determined below shall be available for use at any point on the site, notwithstanding use limitations such as buffering or development in accordance with the incorporated planned residential development.
(b)
Determination of impervious surface area authorized on land areas zoned as Business, B, is as follows:
[1]
Impervious Surface Authorized = [(Gross Acreage – Acreage of Environmentally Sensitive Areas) * 0.8)]; or
[2]
The developer may submit, or the Planning Commission or Council may require the developer to submit, a plan showing how the site may be developed under zoning standards applicable to the parcel in the absence of planned commercial center, following all current ordinances, including grading, slopes, wetlands, land development, streets, etc; such plan must also be economically viable. This square footage of impervious surface achieved in the conventional land development shall be approved by the Planning Commission and Council as an adjusted maximum density in consideration of the foregoing standards.
(c)
Impervious surface coverage on all area of the site bearing an underlying residential zoning of R-R, R-1, or R-2 shall be determined as follows:
[1]
Number of Lots Permitted = [(Gross Acreage – Acreage of Environmentally Sensitive Areas) * 0.8)] / Minimum Acres per Dwelling Unit permitted in the underlying residential district). The aforementioned "environmentally sensitive areas" shall be deemed to include steep slopes, floodplains, and wetlands; or
[2]
The developer may submit, or the Planning Commission or Council may require the developer to submit, a plan showing how the site may be developed under conventional zoning following all current ordinances, including grading, slopes, wetlands, land development, streets, etc.; such plan must also be economically viable. This number of lots achieved in the conventional subdivision could be approved by the Planning Commission and Council as an adjusted maximum density.
[3]
Each lot determined as above shall equate to the following total of impervious surface per such lot in the base or underlying zoning district, as set forth in the table below. In the R-2 District, one single-family unit shall equal one lot, and two of every other type of unit shall equal one lot. The following allotted areas are presumed to cover the overall average of impervious surface relating to a minimum lot in the respective district and includes structure, driveways, compacted soils, and streets. The amount is therefore an average rather than a site-specific calculation.
Zoning District | Amount of Impervious Surface Allocated Per Determined Lot | |
|---|---|---|
R-R | 16,000 | |
R-1 | 13,000 | |
R-2 | 10,000 |
(d)
Determination of impervious surface area authorized on any land area on the site with an underlying zoning of R-3 is as follows:
[1]
Impervious Surface Authorized = [(Gross Acreage – Acreage of Environmentally Sensitive Areas) * 0.65)]; or
[2]
The developer may submit, or the Planning Commission or Council may require the developer to submit, a plan showing how the site may be developed under base zoning standards applicable to the parcel, following all current ordinances, including grading, slopes, wetlands, land development, streets, etc.: such plan must also be economically viable. This square footage of impervious surface achieved in the conventional land development shall be approved by the Planning Commission and Council as an adjusted maximum density in consideration of the foregoing standards.
(e)
Depiction of impervious surface on plan.
[1]
Where the development proposed multiple phases, the developer shall estimate the impervious surface area for all portions or phases designated as office and retail uses. Such shall then be depicted on the preliminary land development plan.
[2]
The above shall be considered at tentative approval to determine conformance with the impervious surface area allotted for the site.
(6)
Site configuration and design.
(a)
Retail and office uses.
[1]
Areas bearing the above uses shall be expressly designated on specific sections of the plan as dedicated to the construction of one or a combination of the above uses.
(d)
Parking lot design and building placement. General site design and grading shall employ terracing where feasible, in order to minimize disturbance where the total site bears 30 or more parking spaces. Feasibility shall be determined by the Municipal Engineer in consideration of geology, ability to meet building code requirements, and stormwater best management practices.
(e)
Retail and office uses and shared parking areas shall locate within areas of the development such that either structures' landscaping, terrain or buffering therein shield the effects of lighting related thereto.
(f)
The plan shall demonstrate the provision of adequate security measures to service planned commercial development in consideration of local police response data to similar uses and security needs at similar stores in comparable locations.
(g)
Lighting, whether mounted on a building or freestanding, shall be limited to 20 feet in height in a portion of the development bearing an underlying residential zoning. Generally, lighting shall adhere to the uniformity ratios defined in this chapter within the B District for retail and office uses. The restrictions of light spillover to residentially zoned property lines set forth in § 220-52, Lighting, shall be applied to the internal lot lines of open space dedicated or set forth within the plan and setbacks and buffering from residentially zoned properties required by this section, as applied to specific structures within the plan. Additionally, Council may require reductions in lighting serving establishments when such establishments are closed to regular operation.
(7)
Open space and buffering standards.
(a)
At least 30% of the entire site shall be preserved as perpetual open space where said areas are preserved through covenants or conveyance to the Municipality, at the sole option of the Municipality. Said areas shall be delineated by separate parcel or conservation easement delineated by metes and bounds on the recorded plan. Council may require additional open space where such is deemed necessary to meet the objectives of Subsection BB(7)(c).
(b)
Additionally, the developer shall provide additional open space meeting the above standards at the following factors or multipliers of an area equal to 15% of the impervious surface allotted through this conditional use (such is equal to the area of impervious surface for residential development allotted through Article IVA, Mixed-Use PRD):
District | Factor | |
|---|---|---|
R-R | 4 | |
R-1 | 3 | |
R-2 | 2 | |
R-3 | 1.5 |
(c)
Generally, open space shall serve to and shall be organized in such a manner as to promote the following objectives:
[1]
Preserve and protect steep slopes and healthy woodlands or promote the preservation of vegetation on slopes created by the development within the standards of this chapter;
[2]
Preserve and maintain natural areas such as riparian buffers, wetlands, and meadows to the extent that such act as natural recharge and infiltration areas;
[3]
Provide for greenspace and corresponding trail connections as may be reflected on the Official Map or in accordance with the parks, recreation, and open space plan; and
[4]
Provide for general site design that maximizes buffering of adjacent residentially zoned areas and public rights-of-way through the preservation of existing natural features and that defines the site as a clear and distinct node of development in accordance with overall site configuration requirements.
(d)
Setbacks and buffering.
[1]
The following setbacks shall apply only to the site boundaries.
[2]
A seventy-five-foot buffer area shall be maintained around the perimeter of the site which borders either residentially zoned property or streets directly fronted by residentially zoned property(ies) which may consist of one or a combination of the following in a manner that provides year-round screening and minimization of the effects of lighting:
[3]
As outlined in the following table, the applicant may locate a building of 20,000 square feet or less in gross floor area closer to a property line than is authorized for structures bearing greater than 20,000 square feet in gross floor area. Where the developer chooses to utilize the lesser setback, the following shall apply as a transitional buffering area:
[a]
Any building wall which faces a residentially zoned property line shall adhere to those standards of § 220-67.1, Building Design and Amenities Performance Standards, that apply to front lot lines.
[b]
Loading areas adjoining the aforesaid building walls shall be adequately screened by topography, landscape mounding, or year-round vegetation.
[c]
The developer shall present a vegetation plan or assessment of existing vegetation prepared by a qualified professional forester or a landscape architect proposing additional landscaping, acceptable to the Municipality, that ensures year-round buffering of lighting effects and parking lots within the residential buffer area otherwise required.
[d]
In no case shall parking lots or parts thereof be located within the required buffer or setback.
Use | Building Size (Gross Floor Area) | Building Setback From Residentially Zoned Property Line (feet) | Building Setback From Residentially Zoned Property Line Separated by Street (feet) | Building Setback From All Streets Separating Site Boundary from Mixed-Use- or Business-Zoned Parcels (feet) | Building Setback From Site Boundaries Immediately Adjoining Business- or Mixed-Use-Zoned Parcels (feet) |
|---|---|---|---|---|---|
Retail and office use | Greater than or equal to 20,000 | 200 | 100 | 75 | 75 |
Retail and office use | Less than 20,000 | 300 | 250 | 75 | 75 |
[4]
Landscaping required by the supplemental standards of this chapter shall be provided at a rate applicable to the site, excluding open space area required. A mixture of high- and low-level plantings required shall be planted around the perimeter of the site bordering or divided by a street bordering B- or MU-zoned property.
[5]
Parking drives shall be set back at least 75 feet from any site boundary. Internal access drives shall be set back 50 feet from any site boundary, notwithstanding stricter requirements of this subsection.
(8)
Phasing requirements and application requirements.
(a)
Phasing requirements.
[1]
For purposes of traffic fee studies associated with Chapter 135, Impact Fees, site design, and phasing, all "imminent development," defined as any development for which an application for further subdivision or land development on the site is submitted within 18 months of tentative approval, shall be included within the scope and impact contemplated through the required study.
[2]
Council shall require covenants to be placed on the land to which the Municipality of Murrysville is a party to ensure construction of future phases, as may be approved in preliminary and final land development plans, in a manner commensurate with conditional use approval and this article and in the application of such may consider de minimis waivers of the approved phases as defined in this subsection.
(b)
In addition to the above, the following items shall be required:
[1]
Preliminary security plan referencing the basis for security proposed which shall be finalized as a condition of each final land development approval through Chapter 201, Subdivision and Land Development.
[2]
Incorporation of adjoining street widths and specifications for existing streets in the required traffic study.
[3]
Developer's agreement prepared by the Municipal Solicitor, including but not limited to reasonable conditions, covenants, plans, and performance standards of the section, which shall be recorded at the Westmoreland County Recorder of Deeds Office.
(9)
Incorporation of appendix. Any development submitted in accordance with this article shall consider and reasonably adhere to those illustrations presented within Appendix A, General Business Overlay Design Manual,[4] as design guidelines demonstrating the criteria of this article in a manner that meets its objectives.
[4]
Editor's Note: Appendix A is included at the end of this chapter.
CC.
Exploration or production of oil or natural gas from a shale reservoir or source rock.[5]
(1)
Recovery of subsurface gas and oil deposits. These are activities limited to the recovery and removal of subsurface gas and oil deposits drilled with the intent to explore or produce oil or natural gas from a shale reservoir or source rock. This does not include the recovery and removal of any other subsurface minerals, such as coal, gravel, sand, clay, topsoil, stone or any other mineral other than oil and gas, from the shale rock reservoir or source rock. The foregoing use is permitted subject to the stated purpose of this Subsection CC and all of the requirements contained in this Subsection CC and the accompanying addendum, as pertaining.
(2)
Purpose. The purpose of this Subsection CC is to provide for the health, safety and welfare of the residents and their property in the Municipality of Murrysville, to insure compliance with the Charter of the Municipality of Murrysville; to provide the procedure for the issuance of zoning permits to enable the exploration or production of oil or natural gas from a shale reservoir or source rock; to protect the character of the community, facilitating beneficial and compatible land uses; and to further the Municipality's interest in the orderly development and use of land in a manner consistent with local demographic and land use concerns.
(3) BEST MANAGEMENT PRACTICES BUNK HOUSE COMPLETION OF THE WELL COMPRESSOR COMPRESSOR STATION DRILLING DRILLING AND STIMULATION EQUIPMENT FLOWBACK WATER FRACTURE or FRACKING FRESHWATER FRESH GROUNDWATER GAS WELL IMPOUNDMENT, FRESHWATER IMPOUNDMENT, WASTEWATER LOCAL STREET OR ROAD MUNICIPALITY OIL and GAS OIL AND GAS DEVELOPMENT FACILITY OR FACILITY(a) (b) OIL and GAS DEVELOPMENT or DEVELOPMENT OIL AND GAS PROPERTY OPERATOR OWNER PERENNIAL STREAM PERMANENT FACILITY AREA PERSON PLAT PRIVATE WATER SUPPLY PROTECTED STRUCTURE RECREATION AREA REDRILL REWORK WASTEWATER WATER IMPOUNDMENT - FRESH WATER IMPOUNDMENT -WASTE WELL WELLBORE WELLHEAD WELL PAD WETLAND
Definitions. As used in this Subsection CC, the following terms shall be interpreted or defined as follows:
Best management practices (BMPs) are state-of-the-art mitigation measures applied to oil and gas facilities and production to help ensure that energy development is conducted in a safe and environmentally responsible manner that protects air and water quality, landscapes and natural resources and public health.
A housing facility designed and intended to be used for a temporary period of time to house oil and gas, exploration-related workers. Such facility is not intended to accommodate families or school-aged children. A bunk house may be a travel trailer, camper, mobile home or a structure manufactured for this particular use.
The date 60 days after the end date of the drilling, redrilling or reworking of the well site in which the well is properly equipped for production of oil or gas.
A device used alone or in series to raise the pressure of natural gas and/or by-products to create a pressure differential to move or compress a liquid, vapor or gas.
An oil and gas facility designed and constructed to compress natural gas, through the use of motors, that originates from an oil and gas well or collection of such wells and to operate as an upstream or midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing and/or treatment facility or underground storage field.
Any vertical or horizontal digging or boring of a new well or reworking of an existing well with the intention to explore, develop or produce oil, gas or other hydrocarbons or to inject gas, water or any other fluids or substances into the earth.
All parts and appurtenances to such structure and every piece of apparatus, machinery or equipment used, erected or maintained in connection with oil and gas drilling, as defined herein, as well as the completion and stimulation/workover equipment utilized to complete the well.
The murky, salty water from fracking natural gas wells consisting of fracturing fluid which returns to the surface as well as produced water.
The process of injecting water, customized fracking fluid, steam, or gas into a gas well under pressure to improve gas recovery.
Water obtained from a potable water source of the commonwealth such as a hydrant, stream, lake, water well, spring or other source that has not been treated or utilized in commercial or industrial operations.
Water in that portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials. Groundwater often supplies wells and springs and is often withdrawn for domestic, agricultural, municipal, industrial and other beneficial uses.
Any well drilled for the intent of extracting gas or other hydrocarbons from beneath the surface of the earth.
A depression, excavation or facility situated in or upon the ground, whether natural or artificial and whether lined or unlined, used to store freshwater.
A lined depression excavation pit or facility situated in or upon the ground, whether natural or artificial, used to store wastewater fluid including but not limited to brine, fracturing fluid, produced water, recycled water, impaired water, flow back water, or any other fluid that does not satisfy the definition of "fresh water."
A public street or road adopted by ordinance carrying a maximum of 2,000 AWDT and provides for no truck usage except for local deliveries. "AWDT" is defined as daily traffic count average over a one-week period.
The Municipality of Murrysville, Westmoreland County, Pennsylvania.
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling a well of any depth into, through, and below the surface of the earth and defined as follows: "Gas" is a fluid, combustible or noncombustible, which is produced in a natural state from the earth and maintains a gaseous or rarified state at standard temperature of 60º F. and pressure 14.7 PSIA or any manufactured gas, by-product gas or mixture of gases or natural gas liquids. "Oil" is defined as hydrocarbons in liquid form at standard temperature of 60º F. and pressure 14.7 PSIA, also referred to as petroleum.
NATURAL GAS COMPRESSOR STATIONA facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
NATURAL GAS PROCESSING PLANTA facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow the natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
A land development which includes the well site preparation, well site construction, drilling, fracturing, and/or site restoration associated with an oil and gas well of any depth; water and other fluid storage; gas reservoir; impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures, whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines, not regulated by the Pennsylvania Public Utility Commission or United States Department of Transportation, Office of Pipeline Safety, and associated equipment; and all other equipment and activities associated with the exploration for, production of and transportation of oil and gas, including natural gas compressor stations and natural gas processing plants, structures defined as other support facilities or structures performing similar functions that operate as midstream facilities.
Any surface property for which the underlying oil and gas rights are:
The person designated as operator on the permit application and, if a separate entity from the operator, the owner of the oil and gas development or facility which is the subject of the application.
A person who owns, manages, leases, controls or possesses a well property.
Stream that has continuous flow in parts of its stream bed all year round during years of normal rainfall.
The area designated by the operator on the approved plat detailing the outer boundary of the area where the wellhead and permanent above-ground equipment and structures associated with the production and operation of oil and gas wells, post-hydraulic fracturing, are permitted.
An individual, association, partnership, corporation, political subdivision or agency of the federal government, state government or other legal entity.
A map, drawing or print, which shall be stamped by a professional engineer or registered surveyor, accurately drawn to scale showing the proposed or existing location of a well or wells, well pad and permanent facility area. The plat must show protected structure setbacks.
Any water supply which is not provided by a water company and not delivered through water mains. The sources of the supply may be a well, borehole, spring, stream, river, lake or pond. The supply may serve just one property or several properties through a network of pipes.
Any occupied structure with walls and a roof within which persons live or customarily work, the attached portion of which is closer than 750 feet to the nearest portion of the boundary of a proposed well pad. This term shall not include any structure on which construction commenced after operator filed an application for a conditional use pursuant to § 220-31CC; or any structure located on a property other than an oil and gas property, where the surface owner of the property has signed a waiver relieving the operator from implementation of the requirements of § 220-31CC(7). In the waiver, the surface owner must acknowledge that he has notified all residents on the property and that the operator is explicitly relieved from complying with the regulations applicable to the protected structure. The waiver must be notarized and approved by the Municipal Solicitor.
An area of land owned and maintained by the Municipality, the Franklin Regional School District, the Westmoreland Conservancy or a nonpublic or private academic institution licensed by the State of Pennsylvania and used for active parks, playgrounds, athletic facilities and similar uses.
Deepening or sidetrack/horizontal drilling of the existing well bore extending more than 150 feet from said well bore.
Reentry of an existing well within the existing bore hole or by deepening or sidetrack/horizontal operations (which do not extend more than 150 feet horizontally from the existing well bore) or replacement of well liners or casings.
Water which has been previously used for industrial, municipal, domestic or other purposes including those associated with fracturing, drilling flowback, and other drilling-related activities.
A lined depression excavation pit or facility situated in or upon the ground, whether natural or artificial, and used to store fresh water.
A lined depression excavation pit or facility situated in or upon the ground, whether natural or artificial, used to store wastewater fluid including but not limited to brine, fracturing fluid, produced water, recycled water, impaired water, flow back water, or any other fluid that does not satisfy the definition of "fresh water."
A bore hole drilled or being drilled for the purpose of, or to be used for, producing or extracting gas, petroleum or another liquid related to oil or gas production.
The hole that is drilled to aid in the exploration and recovery of natural resources including oil and gas.
The component at the surface of an oil or gas well that provides the structural and pressure-containing interface for the drilling and production equipment. The wellhead is established after the completion of the hydraulic fracturing and is often referred to as the "christmas tree" within the industry.
The area designated on the approved plat that includes the area accommodating all structures and equipment associated with or incidental to construction, drilling, fracturing and resource recovery prior to the establishment of the permanent facility area, specifically excluding access roads.
Areas inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and which normally support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
(4)
Oil and Gas Recovery Overlay District. The Oil and Gas Recovery Overlay District is contained within the Official Zoning Map of the Municipality of Murrysville. The intent of the Oil and Gas Overlay District is to provide reasonable areas within the Municipality where mineral extraction may occur and to enact regulations regarding the activities associated with mineral extraction which are not otherwise within the jurisdiction of federal and state regulations and from which the Municipality is not preempted by the Pennsylvania Oil and Gas Act.[7] The Municipality of Murrysville believes that mineral extraction activity without proper regulation may pose hazards to the health, safety, and general welfare of the residents of the Municipality. Therefore, the Overlay District and associated regulations have been created in order to limit unconventional oil and gas recovery operations to areas of the Municipality identified in the Comprehensive Plan, based on historic agricultural and resource recovery areas and areas that permit short-term industrial uses such as quarrying and mining. The overlay area is also not targeted for development due to limited public infrastructure and had the least densities of households per square mile as identified in the Comprehensive Plan, thus excluding unconventional oil and gas operations from the more dense residential neighborhoods and commercial corridors in order to minimize impacts on these residential neighborhoods, public facilities, infrastructure, and the environment, and ensure that all operations comply with all federal, state and local laws.
[7]
Editor's Note: See 58 Pa.C.S.A. § 3201 et seq.
(5)
Conditional use. Unconventional oil and gas drilling shall be evaluated as a conditional use within the Oil and Gas Overlay District, subject to the procedures and provisions of this section, § 220-31 of this chapter.
(6)
Application requirements. In order to be evaluated as a conditional use, the applicant shall be required to submit the following documents and information to the Municipality:
(a)
A person or entity desiring approval of a conditional use application pursuant to this subsection 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 with regard to the site, plan preparation and governing laws.
(b)
The application shall not be considered to be complete and properly filed unless and until all items required by this subsection, including the application fee, have been received. Such application shall include the following information and plans:
[1]
Fourteen paper copies and one electronic copy of the completed application form supplied by the Municipality along with supporting documentation as identified in this section.
[2]
Written permission from the property owner(s) who have legal or equitable title in and to the surface of the drill site or a demonstrable documentation of the applicant's authority to occupy the surface for the purpose of mineral extraction.
[3]
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 or approvals and all air, water and waste management permits.
[4]
A survey of the oil and gas development, prepared and stamped by a professional land surveyor or professional engineer, showing the access road(s), well pad, required yard setbacks, location and owners of the protected structures, the area where associated gas production equipment (tanks or other surface installations), the well bore, bunk houses, buildings, parking, staging areas, detention ponds and storage areas will be located.
(7)
Area, yard, height and setback requirements applicable to oil and gas developments. All area, yard, height, and setback requirements of the underlying zoning district as well as setback requirements established by the Commonwealth of Pennsylvania or United States government shall apply, except for the following requirements below:
(a)
The nearest portion of the outer boundary of the proposed well pad, as depicted on the approved plat, shall be no closer than 750 feet from the nearest attached portion of a protected structure.
(b)
Notwithstanding anything to the contrary contained in this ordinance or in any other applicable rules, laws or regulations, no permanent facility area or well pad or any portion thereof shall be located less than 300 feet from the nearest portion of the exterior boundary of a recreation area.
(c)
Notwithstanding anything to the contrary contained in this ordinance or in any other applicable rules, laws or regulations, no temporary or permanent structures, equipment, materials or activities related to the use, development, construction, maintenance or modification of any facilities approved pursuant to these regulations, or any portion thereof including but not limited to an access road, shall be located less than 350 feet from the nearest attached portion of a protected structure.
(8)
Performance standards and other requirements. The applicant shall demonstrate compliance with the following performance standards that are associated with the development site and its impacts upon the Municipality and neighboring property owners:
(a)
Traffic controls.
[1]
The proposed routes must be designed to minimize the impact on streets within the Municipality. The Municipality reserves the right to designate alternate routes in the event that the applicant's proposed routes are deemed inadequate, unsafe or overly disruptive to normal vehicular traffic by the Municipal Engineer.
[2]
Prior to the commencement of any activity at the development or facility, the operator shall enter into a municipal roadway maintenance and repair agreement with the Municipality, in a form acceptable to the Municipality, regarding maintenance, repair and bonding of municipal roads that are to be used by vehicles for development activities. The municipal roadway maintenance and repair agreement will identify the responsibilities of the applicant to prepare, maintain, and repair municipal roads before, during and immediately after drilling operations associated with the development or facility. The operator shall take all necessary corrective action and measures as directed by the Municipality pursuant to the agreement to ensure the roadways are repaired and maintained during and at the conclusion of all development activities.
[3]
The operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and allowed, during periods of anticipated heavy or frequent truck traffic associated with the development or facility, the operator will provide flagmen to ensure the public safety and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
[4]
There will be no staging of trucks or equipment on local roads.
[5]
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 assigned address shall be clearly marked.
[6]
No idling of diesel-powered motors or motor vehicles shall be permitted outside the well pad.
(b)
Ponds and pits. Best management practices are strongly recommended to be used during the drilling or completion of any well. All facilities shall be allowed only on the parcel/property where the permitted drilling site is occurring. No off-site facilities shall be permitted. Impoundments shall not use surface aerators. All water impoundments shall be secured with a temporary fence with a secured gate as follows:
[1]
The fence shall be chain link and a minimum of six feet in height.
[2]
The fencing shall be in place throughout the drill operation and until the impoundment is removed.
[3]
The chain link fence shall have a minimum thickness of eleven-gauge.
[4]
Impoundments must comply with all state and federal laws in regards to leak detection and monitoring and must comply with EPA 9090 or any regulation that supersedes it.
(c)
Hours of operation. Except for emergency and governmental compliance activity or during fracking or drilling, hours of operation are limited to Monday through Saturday, 7:00 a.m. to 9:00 p.m. All deliveries and pickups incidental to the oil and gas development or facility must occur during the defined hours of operation.
(d)
Notice. At least 30 days prior to any activity at the development or facility, the operator shall provide the following information to each property owner within 2,500 feet of the planned surface location of the development or facility:
[1]
A general description of the planned operations at the development or facility and associated equipment to be used;
[2]
The contact information for the operator; and
[3]
The date to hold a meeting locally with such residents to present the operator's plans for the development or facility and to allow for questions and answers. The meeting shall be held prior to the commencement of development activity.
(e)
Inspection and monitoring. A duly authorized representative(s) of the Municipality, trained by the operator or his agents, shall have the authority in relation to the enforcement of this Subsection CC to enter upon the property of a development or facility for the purpose of inspecting the site, equipment and all other aspects of the site necessary to assure compliance with this Subsection CC.
(f)
Notification. The operator of any development or facility shall notify the Emergency Management Coordinator, Municipal Zoning Officer and Municipal Engineer no less than 90 days prior to the startup and abandonment or shutdown of any well site.
(g)
Visual. The oil and gas development or facility shall be located, designed and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance. The operator shall not clear brush or trees by way of burning and shall chip, grind or remove all tree stumps from properties it clears for development purposes. The location and design of structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area.
(h)
Hazards. Upon request of the Emergency Management Coordinator, the operator shall, prior to drilling its first well in the Municipality, make available with at least 30 days' notice, at the applicant's sole cost and expense, one appropriate group training program for emergency responders and municipal code enforcement personnel. Such training shall be made available at least annually during any year that drilling activities take place at the oil and gas development or facility. Training should cover each phase of the development from site work to well completion. If additional wells are drilled at the site, the operator and Emergency Management Coordinator will determine if additional training is required.
(i)
Fencing, screening and buffering.
[1]
Galvanized chain-link security fencing shall not be required at the well site, with the exception of fencing required pursuant to Subsection CC(8)(b) above during the initial drilling or redrilling operations, as long as manned twenty-four-hour on-site supervision and security are provided.
[2]
Upon completion of drilling or redrilling, security fencing consisting of a permanent, galvanized chain-link fence shall be promptly installed at all well sites to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the well site.
[3]
Security fencing shall be at least six feet in height, equipped with lockable gates at every access point, and having openings no less than 12 feet wide. Gates shall be kept locked except when being used for access to the site. Additional lockable gates used to access the well site, fresh and wastewater ponds or open pits by foot may be allowed, as necessary. The fence posts shall be set in concrete at sufficient depths to maintain the stability of the fence.
[4]
The Municipality's first responders shall be given means to access the well site in case of an emergency. It is recommended that a lock box be installed. The applicant must provide the Westmoreland County 911 Communications Center with necessary information to access the development or facility in case of an emergency.
[5]
Warning signs shall be placed on the fencing surrounding the development or facility, providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the well site.
[6]
In construction of the oil and gas development or facility, the natural surroundings shall be considered and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible.
(j)
Bunk houses.
[1]
There shall be only one unit per development, with a maximum occupancy of six individuals.
[2]
The occupancy of the bunk house shall not exceed 60 days, at which time it shall be removed.
[3]
The structure shall only be occupied during drilling, redrilling, fracking or completion activities and only by employees or contractors responsible for such activities at the well site.
[4]
The operator shall provide an enforceable alcohol and drug policy for occupants of the bunk house.
[5]
The operator shall provide a firearms policy for occupants of the bunk house.
[6]
Occupants of the bunk house shall be required to sign in and out before entering or leaving the development.
[7]
The operator shall meet all state and local building code, water and sewage requirements.
(k)
Conditional use approval. Conditional use approval shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of issuance of the written approval of the conditional use. The conditional use approval may be extended by Council, in its discretion, upon written request by the operator. The operator shall provide proof that the requested conditional use permit for such location has not changed.
(l)
Developer's agreement. The applicant and any subcontractors associated with the development of the oil and gas well operation shall be required to sign, upon receiving conditional use approval, a developer's agreement, prepared by the Municipal Solicitor. Such developer's agreement shall contain the conditions of approval as granted by Council and hold all parties responsible for compliance with those conditions.
(9)
Oil and gas development facilities.
(a)
Oil and gas development facilities, which employ the use of compressors, motors or engines as part of the operations and/or produce air-contaminant emissions or offensive odors, gathering system facilities, natural gas processing plants and production facilities shall be listed as a principal use upon conditional use approval only in the B, Business Zoning District, as a conditional use, subject to this Subsection CC, all applicable chapters of the Code of the Municipality of Murrysville and the following. In the event that any required provision of this section is otherwise regulated by the provisions of the Oil and Gas Act of the Commonwealth of Pennsylvania, the applicant shall submit documentation demonstrating compliance with the provisions of the Oil and Gas Act.[8]
[1]
The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with the residents' enjoyment of their property and future municipal development activities. The applicant must present expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect lawful existing or authorized uses of adjacent properties.
[2]
A conditional use application for an oil and gas development facility shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof; must be provided.
[3]
Conditional use approval shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance of the written approval of the conditional use. The conditional use approval may be extended by Council upon written request by the operator. The operator shall provide proof that the requested conditional use permit for such location has not changed.
[4]
As part of the conditional use application, the Municipality and emergency management services shall be provided the name of the person supervising the compressor station and a phone number where such person can be reached twenty-four hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this ordinance.
[5]
All oil and gas development facilities shall be completely enclosed by a building.
[a]
The building shall be constructed such that the architectural character complements the existing character of the area. The building shall employ architectural features including but not limited to sloped roofs, stone and brick accents, steeples, cupolas, etc.
[b]
The building shall employ soundproof-type walls and all equipment associated with the compressor station shall be enclosed within the building. All acoustical structures shall be constructed of metal, masonry, or other structurally sound material as approved by the Municipality's Planning Director.
[6]
The access driveway off the public road to the station shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the station name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency.
[7]
Oil and gas development facilities owners will evaluate the use of electric motors rather than internal combustion engines. Council may approve the use of internal combustion engines as part of the conditional use approval if deemed necessary based on evidence provided by the operator. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by 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.
[8]
A minimum parcel size of 10 acres is required. The front, rear and side yard requirements shall be a minimum of 250 feet.
[9]
The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to minimize visibility from adjacent streets and properties.
[10]
No structure associated with oil and gas facilities shall be located less than 1,200 feet from any protected structure unless the owner has signed a waiver relieving the operator from implementation of the measures established herein. In the waiver, the owner must acknowledge that the operator is explicitly relieved from complying with the regulations applicable to a protected structure. The waiver must be notarized and approved by the Municipal Solicitor.
[12]
A security fence, as specified in Subsection CC(8)(j), Fencing, screening and buffering, shall be set back at least 10 feet from the property line and 20 feet from a public right-of-way.
[13]
Drip pans must be placed in any location, under equipment, that has the potential to leak. All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.
[14]
All oil and gas facilities, including but not limited to pumping units, storage tanks, buildings, and structures shall be designed to be compatible with the surrounding uses. Neutral colors shall include sand, gray, green and unobtrusive shades of brown, or other neutral colors, as approved by the Zoning Officer.
[15]
Oil and gas development facilities shall be inspected by the Fire Department prior to operation. During the active operation at the facility, municipal staff or consultants designated by the Chief Administrator shall have access to the site to determine continuing compliance with the conditional use approval.
[16]
The operator shall be required to provide notice of any spills and/or releases to the Municipality within 12 hours of the discovery of the event.
[8]
Editor’s Note: See 58 Pa.C.S.A. § 3201 et seq.
[5]
Editor’s Note: Resolution No. 632-14, adopted 11-5-2014, confirms and accepts the action of the Planning Commission and deems this Subsection 31CC in pending status.
[6]
This ordinance also contained an addendum, which read as follows:
"Addendum. The operator, when making application to the Municipality of Murrysville, is encouraged to familiarize itself with the Code of the Municipality of Murrysville. Relevant sections of the Code which may, in part or in whole, have an impact on the application and subsequent construction and maintenance of an oil and gas development or facility may or may not include the following chapters of the Code. The Code of the Municipality of Murrysville can be found at www.murrysville.com.
Chapter 96, Construction Codes, Uniform
Chapter 97, Construction, Roads and Streets
Chapter 112, Fees
Chapter 120, Garbage, Rubbish and Refuse
Chapter 124, Grading, Excavations and Filling
Chapter 157, Noise
Chapter 174, Property Maintenance
Chapter 197, Erosion and Sedimentation Control
Chapter 198, Stormwater Management
Chapter 201, Subdivision and Land Development
Chapter 210, Vehicles and Traffic
Chapter 220, Zoning"
DD.
Gas station/convenience store, subject to:
[Added 12-21-2011 by Ord. No. 846-11]
(1)
No vehicle parts, dismantled vehicles and similar materials shall be stored on site.
(2)
All fuel, oil and similar substances shall be stored at least 25 feet from any property line.
(3)
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its succor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of Article XI of this chapter.
EE.
Injection well.
[Added 8-16-2023 by Ord. No. 1075-23]
(1)
Purpose. The purpose of this Subsection EE is to provide for the health, safety and welfare of the residents and their property in the Municipality of Murrysville, to ensure compliance with the Charter of the Municipality of Murrysville; to provide the procedure for the issuance of zoning permits to enable injection wells; to protect the character of the community, facilitating beneficial and compatible land uses; and to further the Municipality's interest in the orderly development and use of land in a manner consistent with local demographic and land use concerns.
(2) BEST MANAGEMENT PRACTICES (BMPs) INJECTION WELL MUNICIPALITY PROTECTED STRUCTURE WELL WELL OPERATOR or OPERATOR WELL PAD WELL SITE WELLHEAD
Definitions. As used in this Subsection EE, the following terms shall be interpreted or defined as follows:
State of the art mitigation measures applied to the development and operation of oil and natural gas facilities to help ensure those activities are conducted in a safe and environmentally responsible manner that protects air and water quality landscapes, natural resources and public health.
A well used to place fluid underground into porous geologic formations. These underground formations may range from deep sandstone or limestone to a shallow soil layer. Injected fluids may include water, wastewater, brine (saltwater), or water mixed with chemicals.
The Municipality of Murrysville, Westmoreland County, Pennsylvania.
Any occupied structure with walls and a roof within which persons live or customarily work. This term shall not include any structure on which construction commenced after the filing of a completed application for a conditional use pursuant to § 220-31EE; or any structure located on a property other than an oil and gas property, where the surface owner of the property has signed a waiver relieving the operator from implementation of the requirements of § 220-31EE. In the waiver, the surface owner must acknowledge that he has notified all residents on the property and that the operator is explicitly relieved from complying with the regulations applicable to the protected structure. The waiver must be notarized and approved by the Municipal Solicitor.
A bored, drilled, or driven shaft whose depth is greater than the largest surface dimension; or a dug hole whose depth is greater than the largest surface dimension; or an improved sinkhole; or a subsurface fluid distribution system.
Any person, partnership, company, corporation and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas. The person designated as the well operator or operator on the permit application or well registration. If the owner is a separate entity than the operator, then the owner shall also be listed. Where a permit or registration was not issued, the term shall mean any person who locates, drills, operates, alters, or plugs any well or reconditions any well with the purpose of production there from. In cases where a well is used in connection with the underground storage of gas, the term also means a storage operator.
The area extending to the limits of disturbance of the grading plan for a drilling site where a well is to be drilled and occupied by any of the facilities, structures, and equipment associated with or incidental to the construction, drilling, fracturing, production, or operation of an oil or gas well. Notwithstanding the foregoing, the well pad site does not include the access road.
Consists of the area occupied by any of the facilities, structures and equipment associated with or incidental to the construction, drilling, fracturing, production, or operation of an oil or gas well. If multiple areas are used, then the total combined areas shall be considered the well site.
The precise point of entry into the ground where the drilling of a gas well takes place.
(4)
Application requirements. To be evaluated as a conditional use, the applicant shall be required to submit the following documents and information to the Municipality:
(a)
A person or entity desiring approval of a conditional use application pursuant to this subsection 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 about the site, plan preparation and governing laws.
(b)
The application shall not be complete and properly filed unless and until all items required by this subsection, including the application fee, have been received. Such application shall include the following information and plans:
[1]
Two paper copies and one electronic copy of the completed application form supplied by the Municipality along with supporting documentation as identified in this subsection.
[2]
Written permission from the property owner(s) who have legal or equitable title in and to the surface of the drill site or a demonstrable documentation of the applicant's authority to occupy the surface for the purpose of injection well.
[3]
The GPS location and 911 address of the well site.
[4]
Copies of 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, erosion and sediment control general permit-2, or current permit requirements, and all other required erosion and sediment, air, water and waste management permits or approvals.
[5]
A site plan prepared by an engineer or surveyor licensed in Pennsylvania shall be provided to establish compliance with all applicable regulations. All improvements and equipment on the site shall be identified. All required yard setbacks, location and owners of protected structures shall be identified. All roads related to the development or facility must also be shown. Enough copies of the site plan shall be provided for review and comment by all Municipality emergency service organizations.
[6]
The minimum site area shall be five acres.
[7]
The site shall have frontage on and direct vehicular access to an arterial or collector road as defined by Chapter 97 of the Municipal Code.
[9]
No permanent component of the injection well site shall be closer than 250 feet from the property line in which the well is located and 750 feet to a protected structure, unless waived.
[10]
Traffic study.
[a]
A description of plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials, and other items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the development or facility. Such description shall include a map showing the planned vehicular access roads and the transportation infrastructure being proposed and the type, weight, number of trucks and delivery schedule necessary to support each phase of the development.
[b]
An inventory, analysis, and evaluation of existing road conditions on Municipality roads along the proposed transportation route identified by the application, including photography, video and core boring as determined to be necessary by the Municipality Engineer(s).
[11]
Noise study. An acoustics study shall be submitted with the application that has been prepared by an acoustics expert pursuant to a study scope approved by the Municipality. The applicant will be required to provide continuous noise monitoring during the construction phase and operational phase of the development.
[12]
A risk assessment report. A report prepared by a professional expert in that field, that identifies the potential hazards stemming from the injection well at the proposed site and determines the quantitative and qualitative risk associated with the identified hazards. The quantitative risk assessment shall include calculations of two components of risk (R), the magnitude of the potential loss (L), and the probability (P) that the loss will occur. The report shall include a public health risk assessment including potential impacts to the water supply. This assessment is the process of characterizing the nature and likelihood of harmful effects to individuals or populations within one linear mile of the well site. The report shall also include an assessment of potential seismic impacts created by the operations of the injection well.
[13]
An environmental impact analysis. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an environmental impact analysis. The environmental impact analysis shall describe, identify, and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operation, or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed and approved by the Municipality. The environmental impact study shall include, but not be limited to, all critical impact areas on- or off-site that may be impacted by the proposed or ultimate use of the facility, including the impact on the critical areas, the protective measures and procedures to protect the critical areas from damage, and the actions to be taken to minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. Critical impact areas include, but are not limited to stream corridors; streams; wetlands; slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance.
[14]
An air quality study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an air quality study. The study shall be prepared by experts acceptable to the Municipality and submitted with the application and shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust, and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on air quality.
[15]
A geological study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a geological study. The study shall be prepared by experts acceptable to the Municipality and submitted with the application and shall include an analysis of the existing geological formations in and surrounding the proposed site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report regarding the potential geological impact of the proposed use.
[16]
A hydrological study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units, and herewith submitted or where no such permit is required, the applicant shall provide a hydrological study. The study shall be prepared by a hydrogeologist acceptable to the Municipality. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas that may be affected by the proposed use, map the groundwater table, and analyze and delineate the effects of the proposed use on the hydrology, including surface and ground water quantity and quality. Acceptance of the study is subject to final approval by the Municipality. If the study shows an alteration to the groundwater, the application shall be denied.
[17]
Predevelopment and post-development soil testing. Prior to beginning any injection well development activities, the operator shall be responsible for testing soil conditions within 300 feet of each injection well site. The purpose of testing is to determine the baseline soil conditions surrounding the proposed injection well site and address resultant changes that may occur or have an impact on the soils of the site and surrounding area. The Municipality will identify the parameters.
[a]
Predrilling testing results shall be submitted as part of the application.
[b]
Post-development testing shall be completed 12 months after operations have begun.
[c]
The results shall be submitted to the Municipality and Pennsylvania Department of Environmental Protection (PA DEP) within 10 days of their receipt.
[d]
The operator shall be responsible for all costs associated with testing and testing shall be done by an independent state-certified testing laboratory agreed upon by the Municipality.
[18]
Water quantity test. The operator shall hire a consultant (hydrogeologist) agreed upon by the Municipality to conduct water quality testing. The consultant shall submit a pretesting and a predrilling plan to be approved by the Municipality. The consultant shall test for gallons per minute (gpm) flow rates, yield, groundwater levels, and other pertinent information for all viable aquifer zones via drawdown test or other suitable means. The consultant shall measure and record flow rates in gallons per minute (gpm) for all surface water sources. Groundwater levels and other pertinent information via drawdown test or other suitable means shall be measured from all available wells. Also, GPS coordinate information shall be recorded for all surface water and groundwater sites. The results shall be certified by the hydrologist.
[19]
Water quality test. Operators shall test for the following list of parameters for all surface water and groundwater. The list is not exhaustive and the Municipality reserves the right to add additional parameters:
INORGANIC Alkalinity Ph |
Chloride |
Sulfate |
Conductivity |
Hardness |
Oil/grease/bromide |
Total dissolved solids reside-filterable turbidity |
Ethylene glycol |
Acetone |
TRACE METAL |
Barium |
Calcium |
Potassium |
Sodium |
Selenium |
Boron |
Iron |
Stontium |
Magnesium |
Manganese |
Aluminum |
Lithium |
ORGANIC |
Ethane |
Methane |
Propane |
Total petroleum hydrocarbons |
MICROBIOLOGY |
Total coliform/E. coli |
OTHER |
Volatile organic compounds |
Detergent (MBAs) total organic carbon nitrate |
Radionuclides gross alpha, radium |
Radon |
Lead |
Total coliform |
[20]
Scheduling. The applicant shall provide a schedule with the application indicating the anticipated beginning and ending dates for all proposed activities.
(5)
Area, yard, height, setback and location requirements applicable to injection well. All area, yard, height, and setback requirements of the B Business District as well as setback requirements established by the Commonwealth of Pennsylvania or United States government shall apply, except for the following requirements below:
(a)
The wellhead of an injection well shall be located not less than 750 feet any protected structure.
(b)
All injection well operations and the well pad, including but not limited to derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, ponds, pits, and ancillary equipment, shall be located not less than 250 feet from the nearest property line.
(6)
Performance standards and other requirements. The applicant shall demonstrate compliance with the following performance standards that are associated with the development site and its impacts upon the Municipality and neighboring property owners:
(a)
Best management practices for all operations shall be followed.
(b)
The uses regulated by this subsection are determined to be land developments and subject to the applicable provisions of Chapter 201, Subdivision and Land Development, of the Murrysville Code, as it may be amended.
(c)
Any hazardous or toxic material shall be securely contained, stored and removed in accordance with applicable state or federal regulations. On-site disposal is prohibited. All hazardous materials stored must be clearly marked, identifying the contents, chemicals, and hazards as required by the OSHA Hazard Communication Standard 29 CFR 1910.1200 and National Fire Protection Association (NFPA) Code 104 - Standard System for the identification of the hazards of materials for emergency response. All regulated tanks are to be labeled to a NFPA specification.
(d)
All operations shall be in accordance with applicable federal laws and regulations, the Pennsylvania Oil and Gas Act (58 P.S. §§ 601.101 et seq.),[9] as amended, and pursuant to all other applicable rules, regulations, and procedures adopted pursuant thereto.
[9]
Editor's Note: See 58 Pa. C.S.A. § 3201 et seq.
(e)
The operator shall be responsible for prevention and prompt removal of spills involving waste materials, oil, and toxic or hazardous materials.
(f)
Changes in the site plan require a new conditional use approval pursuant to the terms and conditions of this subsection.
(g)
Traffic controls.
[1]
The proposed routes must be designed to minimize the impact on streets within the Municipality. The Municipality reserves the right to designate alternate routes in the event that the applicant's proposed routes are deemed inadequate, unsafe or overly disruptive to normal vehicular traffic by the Municipality. Vehicles are to operate on state roads and may only use municipal roads when the use of state roads is not feasible.
[2]
Prior to the commencement of any activity at the development or facility, the operator shall enter into a municipal roadway maintenance and repair agreement with the Municipality, in a form acceptable to the Municipality, regarding maintenance, repair and bonding of municipal roads that are to be used by vehicles for development activities. The municipal roadway maintenance and repair agreement will identify the responsibilities of the applicant to prepare, maintain, and repair municipal roads before, during and immediately after drilling operations associated with the development or facility. The operator shall take all necessary corrective action and measures as directed by the Municipality pursuant to the agreement to ensure the roadways are repaired and maintained during and at the conclusion of all development activities.
[3]
The operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and or/adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and allowed, during periods of anticipated heavy or frequent truck traffic associated with the development of the facility, the operator will provide flagmen to ensure the public safety and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
[4]
There will be no staging of trucks or equipment on public roads.
[5]
The access driveway off the public road to the site shall be gated at the entrance to prevent illegal access. The site assigned address shall be clearly marked.
[6]
A traffic control plan in conformance with PennDOT standards shall be provided.
(h)
Hours of operation. Except for emergency and governmental compliance activity, hours of operation are limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m. All deliveries and pickup incidental to the injection well development or facility must occur during defined hours of operation.
(i)
Notice. At least 30 days' prior to any activity at the development or facility, the operator shall provide the following information to each property owner within 1,000 feet of the planned surface location of the development or facility:
[1]
A copy of the site plan submitted as part of the conditional use application;
[2]
A general description of the planned operations at the development or facility and associated equipment to be used;
[3]
The contact information for the operator; and
[4]
The date to hold a meeting locally with such residents to present the operator's plans for the development or facility and to allow for questions and answers. The meeting shall be held prior to the commencement of development activity.
(j)
Inspection and monitoring. A duly authorized representative(s) of the Municipality, trained by the operator or his agents, shall have the authority in relation to the enforcement of this Subsection EE to enter upon the property of a development or facility for the purpose of inspecting the site, equipment and all other aspects of the site necessary to assure compliance with this Subsection EE.
(k)
Notification. The operator of any development or facility shall notify the Emergency Management Coordinator, Municipal Zoning Officer and Municipal Engineer no less than 90 days' prior to the startup and abandonment or shutdown of any well site.
(l)
Visual.
[1]
The injection well facility shall be located, designed, and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance.
[2]
The operator shall not clear brush or trees by way of burning and shall chip, grind, or remove all tree stumps from properties it clears for development purposes.
[3]
The location and design of structures and site improvements shall be integrated with the natural color, form, and texture of the surrounding area.
(m)
Hazards.
[1]
Upon request of the Emergency Management Coordinator, the operator shall, prior to start of operations, make available with at least 30 days' notice, at the applicant's sole cost and expense, an appropriate group training program for emergency responders and Municipality code enforcement personnel. Such training shall be made available at least annually during any year that the injection well is in operation. Training should cover each phase of the development from site work to well completion. If additional wells are drilled at the site, the operator and Emergency Management Coordinator will determine if additional training is required.
[2]
The applicant shall maintain at the property and on file with the municipality a current list and the material safety data sheets (MSDS) for all chemicals used in the drilling operations (including but not limited to types of additives, acids, polymers, salts, surfactants, and solvents) and in any fracturing operations. If the PPC requires availability and/or utilization of special equipment or supplies particular to the hazards or conditions addressed in the PPC, the Municipality shall require the operator to reimburse the Municipality for the cost of procurement of such special equipment or supplies.
(n)
Fencing.
[1]
Security fencing shall be at least six feet in height and shall be installed around the well pad area. The fencing shall be equipped with lockable gates at every access point and have openings no less than 12 feet wide. Gates shall be kept locked except when being used for access to the site. The fence posts shall be set in concrete at sufficient depths to maintain the stability of the fence.
[2]
The Municipality's first responders shall be given means to access the well site in case of an emergency via lock box or a Municipality-approved equivalent. The applicant must provide the Westmoreland County 911 Communications Center with necessary information to access the development or facility in case of an emergency.
[3]
Warning signs shall be placed on the fencing surrounding the development or facility, providing notice of the potential dangers and the contact information in case of an emergency.
[4]
In construction of the injection well, the natural surroundings should be considered, and attempts made to minimize impacts to adjacent properties.
[5]
Injection well development is subject to Chapter 220, § 220-51B, Landscaping and buffering, of the Code of the Municipality of Murrysville. In addition, landscaping around the required well pad fencing area shall be planted with evergreens of a minimum height of six feet at time of planting and spaced every 12 feet.
(o)
Lighting.
[1]
Lighting at an injection well and well pad shall, when practicable, be limited to security lighting.
[2]
All temporary outdoor lighting shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
[3]
No site lighting used for or associated with well site construction, drilling operations or post-drilling production shall be positioned in a manner such that it shines directly on public roads, protected structures, or any property within 3,000 feet of the well site. Site lighting must be directed downward and shielded to prevent glare on public roads and adjacent properties.
(p)
Access.
[1]
Beginning with its intersection with a public street, any ingress, egress or off-loading areas shall be paved with a bituminous material meeting Chapter 97 of the Municipal Code. No water, sediment, or debris will be carried onto any public street. If any amount of mud, dirt or other debris is carried onto public or private ROW from the well site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Municipality to keep the streets continuously clean.
[2]
Ingress, egress point shall be located and improved to:
(q)
Parking. One off-street parking space for each employee, plus one off-street parking space for each facility vehicle should be provided.
(r)
Storage of equipment.
[1]
No equipment, including drilling, redrilling, reworking, or other portable equipment, shall be stored on the development or facility which is not essential to the everyday operation of the development or facility. This includes the removal of idle equipment unnecessary for the operation of wells.
[2]
Lumber, pipes, tubing and casing shall not be left on the development or facility except when drilling or well-servicing operations are being conducted on the site.
[3]
It shall be illegal to park or store any vehicle or item of machinery on any street, ROW or in any driveway, alley or on the development or facility which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except that equipment which is necessary for the maintenance of the development or facility or for the gathering or transporting of hydrocarbon substances from the site.
(s)
Conditional use approval. Conditional use approval shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of issuance of the written approval of the conditional use. The conditional use approval may be extended by Council, in its discretion, upon written request by the operator. The operator shall provide proof that the requested conditional use permit for such location has not changed.
(t)
Developer's agreement. The applicant and any subcontractors associated with the development of the injection well operation shall be required to sign, upon receiving conditional use approval, a developer's agreement, prepared by the Municipal Solicitor. Such developer's agreement shall contain the conditions of approval as granted by Council and hold all parties responsible for compliance with those conditions.