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North Franklin Township Washington County
City Zoning Code

ARTICLE XVII

Specific Permitted Uses

§ 460-1700 Applicability.

The following regulations shall apply in all zoning districts.

§ 460-1701 Specific permitted uses.

In addition to the applicable provisions contained in the this chapter, an applicant/operator desiring to engage in the construction and/or operation of certain activities related to oil and gas development shall be done so as a permitted use in certain zoning districts subject to information being provided as contained herein.

§ 460-1702 Reentry drilling.

A. 
Notice. The operator shall provide the following notice of reentry drilling at least 30 days prior to initiating operations at the well site:
(1) 
Written certification that the operator is in compliance with the conditions contained in the initial conditional use approval;
(2) 
Updated truck routing schedule over Township roads;
(3) 
Updated compliance with the Township's road maintenance and bond agreement for the roads to be utilized;
(4) 
Updated drilling and related operations schedule/time line;
(5) 
Copies of any new or revised permits and approvals required for the reentry drilling; and
(6) 
Confirmation that operator is not in breach of current conditional use approval.
B. 
Approval. The required information will be reviewed by the Township Engineer and, if said reentry notice is complete, the reentry drilling will be approved, in writing, without the requirement of a supplemental hearing. The approval shall be a continuance of any previous approval granted for oil and gas development on the subject property.
C. 
Supplemental hearing. A supplemental hearing will be required if the reentry drilling includes a material change or includes additional operations not covered for and/or permitted in the initial approval.
D. 
Scope. If required, the conditional use hearing will be limited to testimony and exhibits explaining the specific operations not covered by the initial conditional or permitted use approval.
E. 
Standards and criteria. Operator may rely on the conditions set forth in the original conditional use approval. The Township may not change or amend the original conditions or ordinance terms concerning setbacks, well site and/or access road location so long as they do not adversely affect the health, welfare and safety of the residents.

§ 460-1703 Traffic control site.

A. 
Notice. The operator shall provide the following notice of a traffic control site at least 14 days prior to initiating the use:
(1) 
Updated truck routing schedule over Township roads;
(2) 
Updated compliance with the Township's road maintenance and bond agreement for the roads to be utilized;
(3) 
A location map showing the location of the site in the Township and the proposed ingress to and egress from the site;
(4) 
The anticipated types of vehicles to be accommodated;
(5) 
The relevant drilling and related operations schedule/time line, if available; and
(6) 
Proof of the property owner's consent to the use.
B. 
Approval. The required information will be reviewed by the Township Engineer and, if said traffic control site notice is complete, the traffic control site will be approved in writing.

§ 460-1704 Oil and gas pipelines and temporary water pipelines.

A. 
Notice. A company desiring to construct oil and gas pipelines or temporary water pipelines that are regulated by state or federal agencies is allowed to do so as a permitted use in the Township, subject to submitting to the Township copies showing evidence that it has obtained and maintains in good standing all required state and/or federal permits, including proof of bonding to operate pipelines, when such bonding is required. In addition to the required permitting documents, applicant must also submit:
(1) 
The origin point and destination of the pipeline to be constructed in the Township including time frame for activities;
(2) 
A description of the substance to be transported through the pipeline and a copy of the material safety data sheet (MSDS);
(3) 
Any site reclamation plans and time frame;
(4) 
Location of any pressure-relief devices;
(5) 
GIS drawings; and
(6) 
Statement concerning method of operation.

§ 460-1705 Light manufacturing and light manufacturing (high-technology industries).

[Added 4-14-2020 by Ord. No. 4-2020]
Light manufacturing and light manufacturing (high-technology industries) shall be permitted upon submission of a zoning application that provides the following information in addition to proof of compliance with all application performance standards and regulations for the particular zoning district of the proposed use:
A. 
Applications for approval shall be accompanied by a plan showing lot lines, adjacent land uses, fencing, entrances and exits, pedestrian ways, structure locations, sign placement, utility location and sources, storm drainage and provisions for buffering to screen adjacent properties. If new construction is proposed, a land development plan shall be required.
B. 
The total area for any light manufacturing (high-technology industries) dedicated to any equipment, machines and other items used in the manufacturing processes shall not exceed 50% of the overall floor area of said facility (not including parking, loading, buffers areas).
(1) 
In the Industrial District, there shall be no limitation on the gross floor area dedicated to any light manufacturing.
C. 
Storage and handling of chemicals and hazardous materials. The applicant shall provide a plan for the storage and handling of chemicals and hazardous materials within the facility which must be stored and contained inside at all times. Said plan shall include a detailed list of all chemicals and hazardous materials stored and handled at the site. Furthermore, applicant shall demonstrate by clear and convincing evidence that the materials will be stored and handled in such a manner as to not create a risk of harm to property, persons, or the environment. An updated and current list of the chemicals and hazardous materials shall be provided to the Township's Fire Department and/or emergency response personnel. Storage of chemicals and hazardous materials not pursuant to a specifically approved plan shall be prohibited.
D. 
The storage of all materials, equipment, etc., shall be in an enclosed, secure structure.
E. 
Design, architectural features, materials, landscaping and associated treatments shall be developed and maintained in a manner compatible with permitted uses in the district and the preservation of the characteristics of any commercial developments and/or residential neighborhoods within the visible surrounds of the lot on which the light manufacturing facility is.
F. 
Ingress, egress and internal traffic circulation shall be designed to minimize congestion and ensure safety.

§ 460-1706 No-impact home business.

[Added 11-12-2019 by Ord. No. 6-2019]
All no-impact home-based businesses, as defined herein, shall comply with the following:
A. 
The business activity must meet the regulations and standards of the zoning district it is located within.
B. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
C. 
The business shall employ no employees other than family members residing in the dwelling.
D. 
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
E. 
There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.
F. 
No on-site parking of commercially identified vehicles shall be permitted.
G. 
The business activity shall not use any equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.
H. 
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
I. 
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.
J. 
The business shall not involve any illegal activity.
K. 
The business shall initially apply for a zoning permit at least 30 days prior to the proposed use. Thereafter, the business owner shall apply for a renewal permit on or before December 15 of the year its current permit is set to expire. The Zoning Officer or his or her designated representative will review the application to determine continuing compliance with these regulations. The renewal application fee shall be set by resolution by the Township.

§ 460-1707 Noncommercial chickens and ducks.

[Added 6-9-2020 by Ord. No. 5-2020]
A. 
Subject to:
(1) 
Application with site plan submitted to the Township and payment of all fees.
(a) 
If application made by nonrecord owner of property, must have property owner signature and approval on Township form.
(2) 
On residential lots of one acre or less (as registered with the Washington County Tax Office), six chickens shall be allowed. Ducks will not be permitted on lots less than one acre.
(3) 
On lots greater than one acre up to two acres, 12 chickens or six ducks shall be permitted.
(4) 
On lots greater than two acres, there shall be no limit to the number of chickens or ducks.
(5) 
No roosters are permitted.
(6) 
All chickens/ducks will be provided with a constant supply of water and feed and be provided appropriate care in accordance with best management practices.
(7) 
Chickens/ducks must always remain in a completely enclosed, predator-resistant outside run area providing at least six square feet per bird.
(8) 
A weather-proof indoor coop providing at least two square feet per bird must also be provided.
(9) 
All feces and litter (usually pine shavings) must be kept in a weather-tight closable container.
(10) 
All feed shall be kept in a metal weather-tight, rodent-resistant container.
(11) 
Setbacks. All pens/runs for chicken and ducks must be at least 50 feet from a neighboring structure. If the pen/run cannot be located at least 50 feet from a neighboring structure, any effected neighbors must sign off on the distance to the pen. No portion of a run or coop may be less than 25 feet from any adjoining property line.
(12) 
Must remain in compliance with all other applicable zoning district regulations and Township codes, including nuisance regulations.
(13) 
Must obtain all applicable building and zoning permits.
(14) 
Any coop or pen used for chickens and ducks must be removed, if not used for 18 continued months.
(15) 
A violation of this section will be actionable accordance with the procedures set forth in the Township's Quality of Life Ordinance.
(16) 
Exemptions. Normal Agricultural Operations as defined by the Pennsylvania Right To Farm Act (See: 3 P.S. § 952, as amended from time to time) shall be exempt from any regulations contained herein unless said actions endanger the general health, safety and welfare of the public.
B. 
Additional penalties. In addition to the penalties set forth in the Township's Quality of Life Ordinance, the following penalties and remedies shall apply:
(1) 
Citations. Any operator/owner shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further the appropriate officers or agents of the Township are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunction to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Township. A person who violates this ordinance shall also be responsible for the Township's attorney fees, engineering fees, expert fees and court costs associated with enforcement.
(2) 
Excessive violator. In the event an operator/owner shall be found in violation of this section on three or more occasions within a twenty-four-month period, the operator/owner shall be deemed to be an excessive violator. Township shall reserve the right to revoke any permits issued under this section for any excessive violator for a period of 12 months following the revocation.
(3) 
Abatement. In the event an operator/owner shall be found in violation of this ordinance and fails to abate the violation in a timely manner, the Township shall have the authority to enter onto the property to take the necessary actions to abate the nuisance and to charge the operator/owner for the costs associated with doing so.
(4) 
Nonexclusive remedies. The penalty and collection provisions of this section shall be independent, nonmutually exclusive separate remedies, all of which shall be available to the Township as may be deemed appropriate for carrying out the purposes of this section.