Peters Township Washington County
City Zoning Code
City Zoning Code
PART 6
Supplemental Regulations
§ 440-600 Operating performance standards.
A.
Purpose. No building, structure or premises in any zoning district shall be used, altered or occupied in a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; electrical or other disturbance; glare, liquid or solid refuse or wastes; conditions conducive to the breeding of rodents or insects; or other substance, condition or element in any manner or amount as to adversely affect the surrounding area.
B.
The following regulations shall be observed.
(1)
Fire and explosive hazards. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate UL-approved safety devices against the hazards of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices as detailed and specified by the Department of Labor and Industry and the laws of the Commonwealth of Pennsylvania. All buildings, structures and activities within such buildings and structures shall conform to the General Fire Regulations of Pennsylvania and the IFC Fire Prevention Code as currently adopted by Peters Township.
(2)
Radioactivity or electrical disturbances. There shall be no activities that emit radioactivity at any point, excepting where strict compliance with the Rules and Regulations of the National Bureau of Standards of the United States Department of Commerce and similar regulations of the Commonwealth of Pennsylvania are adhered to. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
(3)
Smoke. There shall be no emission at any point from a chimney or otherwise for longer than five minutes in any hours of visible gray or visible smoke of any other color with a shade darker than No. 3 of the Standard Ringelmann Chart as issued by the United States Bureau of Mines.
(4)
Burning. No outdoor burning of rubbish will be permitted. Indoor incinerators that do not violate these performance standards are permitted. The landowner and/or developer shall be required to meet the provisions of Chapter 147, the Township Burning Ordinance.
(5)
Smoke, ash, dust, fumes, vapor, gases and other forms of air pollution. There shall be no emission at any point from any chimney or otherwise which can cause any damage to health to animals or vegetation or other forms of property; or which cause any excessive soiling at any point.
(6)
Organic waste. All organic rubbish or storage shall be contained in air-tight, vermin-proof containers which are screened from public view, and such organic rubbish must be collected often enough to prevent any overflow of containers that might attract rodents or vermin.
(7)
Liquid and solid wastes. There shall be no discharge at any point, into any private sewerage system or stream or into the ground of any materials in such a way or of such a nature or temperature as can contaminate or otherwise cause the emission of hazardous materials except in accord with the standards of the Pennsylvania Department of Environmental Resources and the Peters Township Council.
(8)
Noise and vibration. The daytime or nighttime continuous or steady noise level at the boundary line of a residential property shall not be permitted to exceed 10 dBA above the residual residential background noise level. The noise level shall be measured using a sound level meter that conforms at least to the Type II sound level meter specifications of the American National Standards Institute, using the slow weighting network. If the noise is not continuous, but consists of unusual characteristics, such as tones or impacts, the noise level shall not exceed five dBA slow above the residual background level.
(9)
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature process, shall be visible from adjoining public street or adjacent lots when viewed by a person standing on ground level.
(10)
Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive on adjoining streets or adjacent lots.
(11)
Visibility at intersections. On a corner lot or at any point of entry on a public road, nothing shall be erected, placed, planted, or allowed to grow in such a manner which obscures the vision above the height of 2 1/2 feet and below 10 feet, measured from the center-line grade of the intersecting streets or driveways; and within the area bounded by the street lines of such corner lots and a line joining points on these street lines 90 feet from their intersection along the lot lines and 150 feet for arterial streets. (See diagram in Part 12, Appendixes, of this chapter.)
(12)
Operation. All primary operations shall be conducted entirely within closed buildings and the outdoor storage and displays section complied with. (See § 440-509.)
(13)
Maintenance. All landscaped areas, parking lots, signs, and building exteriors shall be kept in good repair and in compliance with this chapter. All landscape plantings that do not survive three years shall be replaced.
(14)
Energy source operations (seismic testing).
(a)
Energy source operations (seismic testing) permit required.
[1]
It shall be unlawful for any person to conduct any exploration activities within Peters Township regarding oil, gas and/or other materials by the use of energy source operations, including without limitation weight drops, and/or vibrating machines, thumper trucks or any other vehicles or equipment that causes vibrations, without first obtaining a permit therefor from Peters Township. The primary method of seismic testing shall be through the use of vibroseis trucks. If, in the opinion of the Township, explosives are required to supplement the testing by vibroseis trucks, the applicant may use explosive charges in compliance with state regulations and provide specific written permission of the surface landowner. Any use of explosives must be at least 325 feet from any structure, well or spring.
[2]
Use of explosives. The applicant must file an application to use explosives with a detailed explanation as to why explosives will need to be used. The Council shall take action on the request subject to a review by the Township Engineer, Manager and other competent professionals deemed needed by the Manager to review the application.
(b)
Energy source operations (seismic testing) permit application; fee; procedure.
[1]
Application for a permit hereunder shall be made with Peters Township's Planning Director. Such application shall contain the following information:
[a]
Name of the applicant;
[b]
Address of the applicant;
[c]
A map designating a testing area and showing the location of all points of use and the energy source to be used at each point;
[d]
A traffic control plan for any operations or testing that will impede traffic on a public right-of-way; and
[e]
The applicant's insurance information, including the name of the applicant's insurance carrier, the types and amount of insurance covering its proposed operations, the name and telephone number of an individual to contact in case of a claim for personal injury or property damage, and a copy of the applicant's certificate of insurance naming the Township as an additional insured.
[2]
A nonrefundable permit fee of $1,000 for processing the application and preparing the permit shall accompany each such application. On receipt of such application, the Planning Director and Township Engineer shall prepare a report showing all municipal facilities or infrastructure that may be negatively affected by the proposed exploration activity located in the testing area shown in such application. Such report and the application shall then be submitted to the Township Manager with the recommendations of the Planning Director and Township Engineer.
(c)
Energy source operations (seismic testing) term of permit. The term of a permit issued under this section shall be for one year beginning on the date of approval of the permit by the Township Manager, and all energy source operations shall be completed within said term. The applicant shall notify the Planning Director or his designee a minimum of three business days in advance of the actual commencement of energy source operations. Once operations have commenced, in the event the applicant is rendered unable, wholly or in part, by circumstances beyond the applicant's control, to complete operations within the remaining term of the permit, then the time for completion may be extended, at the sole discretion of the Township Manager or his designee, for a period of time not to exceed six months, upon written request by the applicant setting forth full particulars of the circumstances causing the delay which were not within the control of the applicant and which the applicant could not have avoided by the exercise of due diligence and care.
(d)
Energy source operations (seismic testing) operations in general.
[1]
All geophysical operations shall be limited to the areas identified in the application. A copy of such map shall be attached to any permit issued by Peters Township. If, during the course of operations, any utility line must be relocated to maintain compliance with the terms and conditions set forth herein or to ensure the safety of the general population, the applicant shall notify the Peters Township Engineer or his designee at least three business days prior to embarking on such relocation, which shall be performed in compliance with Peters Township standards.
[2]
The applicant shall employ a licensed engineer or geologist specializing in vibration analysis, to be approved by Peters Township, who shall be on the job site during the entire period of testing to mitigate any potential damage to public or private property. The applicant shall also designate a point of contact who will respond within 24 hours to any request from the Township Manager or his designee for information regarding the applicant's testing operations, including a request for maps of the testing area that show the points of use as planned by the applicant at the time of the request.
[3]
The applicant shall obtain written permission, as required by law, from property owners before entering upon or crossing their property.
[4]
The applicant shall be responsible for and shall settle all reasonable and legitimate claims, demands, and causes of actions relating to property or persons arising out of or as a result of the applicant's operations under this permit and shall handle all such claims in an expedient manner.
[5]
The applicant shall notify each owner of property located within 250 feet of its planned energy source operations, in writing by United States mail to, or personal delivery at the property, a minimum of 10 working days prior to the conducting of any test or as required by law if a greater distance is specified. Said notice will include the anticipated start date of energy source operations and the energy source planned to be used. The applicant will offer to provide and will provide insurance information to such owner if requested.
[6]
The applicant shall notify each owner of property located within 125 feet of vibroseis or weight drop tests, in writing by United States mail to, or personal delivery at the property, a minimum of 10 working days prior to the conducting of any test, of the availability at no cost to the property owner of pre- and post-test inspections of all structures located on or under said property, including appropriate testing for water wells. The applicant shall perform the offered inspections if requested by the property owner before commencing any testing and shall provide a copy of the test results to the property owner. The applicant shall maintain records of such inspections for a period of two years and shall make such records available upon request by Peters Township.
[7]
The applicant shall place newspaper advertisements in the newspaper of record in Peters Township explaining the work to be performed, the location of the proposed work, and a toll-free telephone number where residents may call for more information. Said advertisements shall be placed in all publication days during the two-week period prior to the issuance of the permit, and again during the two-week period immediately before actual operations commence in the testing area. The toll-free telephone number provided by the applicant shall be answered during hours of operation as set forth while work is ongoing in Peters Township, and an answering machine shall be installed to receive after-hours calls.
[8]
The applicant shall obtain location maps for all water wells, underground hazardous waste storage/disposal sites, and water, sewer, oil, gas and chemical pipelines located in the testing area and conduct all energy source operations in a manner so as not to damage, interrupt, or otherwise interfere with said structures. Information obtained by the applicant shall be used by the surveying teams and operations manager to ensure compliance with the terms and conditions of the permit and that safe operating distances are maintained. If requested by the applicant, Peters Township shall make available for inspection and copying maps, if any, prepared by or on behalf of the Township that indicate subsurface structures or facilities; provided, however, that the applicant's reliance on any information furnished by Peters Township, its agents, representatives, and employees, whether written or verbal, shall be at the sole risk of the applicant. A disclaimer stating the same shall be placed on and shall apply to any, and all such information.
[9]
The applicant shall contract with a third-party inspector to monitor seismic testing levels for potential impact on structures and other sensitive features. Said test results shall be kept by the applicant for a least two years and be made available to property owners that have filed a damage claim. The applicant acknowledges that Peters Township has not made any independent investigation or verification of information regarding subsurface structures and facilities furnished to the applicant and makes no representation or warranties as to the accuracy or completeness of such information. The applicant expressly acknowledges that Peters Township makes no warranty or representation, expressed or implied, or arising by operation of law, including, but not limited to any warranty of fitness for a particular use or purpose of such subsurface information.
[10]
All energy source operations shall be conducted a minimum of 50 feet from any occupied structure.
(e)
Energy source operations (seismic testing) hours of operation. Energy source testing may be conducted from 7:00 a.m. until 7:00 p.m., local time, on Mondays through Saturday. Testing shall not be permitted on Sunday.
(f)
Energy source operations (seismic testing) lands, streets, rights-of-way and easements.
[1]
The applicant shall restore, at its own cost, Peters Township-owned lands or rights-of-way used in its operations to the original condition just prior to the testing operations, free of damage, including ruts or any injury to landscaping.
[2]
The applicant shall ensure that its operations will not interfere with the free and safe flow of traffic. When operations are immediately adjacent to the pavements, all equipment shall be parked and/or operated in one lane of traffic. The applicant shall adhere to all applicable PennDOT traffic standards.
[3]
The applicant shall notify the Township Manager or his designee of any equipment to be operated on Peters Township streets that will exceed the maximum posted weight limit on that street and execute an excess maintenance agreement and post a bond with Peters Township.
[4]
Cables placed on the pavement within rights-of-way must be arranged so they do not create a hazardous condition or rumble strip effect. All cables must be securely anchored to the roadway with materials that will not damage and/or puncture the pavement. Nails, spikes, and similar materials used for anchors shall not be placed inside the pavement edge.
[5]
Each testing crew performing work that impedes the flow of traffic shall furnish at its cost adequate signs, barricades, flares, flagmen, etc., as necessary, to protect the traveling public.
[6]
The applicant shall furnish to Peters Township's Township Manager or designee a schedule of each week's test plan. The Municipal Engineer shall inspect the road before and after testing. The applicant shall pay any and all costs incurred by Peters Township as a result of these inspections.
(g)
Energy source operations (seismic testing) bond, insurance, and indemnity.
[1]
The applicant shall submit to Peters Township a performance bond in the amount of $500,000 from a surety authorized to do business in Pennsylvania. The performance bond shall be valid for a period of two years from the date that the permit is issued. The bond shall provide, but not be limited to, the following condition: There shall be recoverable by Peters Township, jointly and severally from the principal and surety, any and all damages, loss or costs suffered the Township in connection with the applicant's geophysical operations within the Township. The bond shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled by the surety company until sixty (60) days after receipt by Peters Township, by registered mail or written notice, of such intent to cancel or not to renew." The rights reserved to Peters Township with respect to the bond are in addition to all other rights of Peters Township, and no action, proceeding or exercise of a right with respect to such bond shall affect any other rights of Peters Township.
[2]
Prior to conducting operations, the applicant and/or its contractors shall furnish a certificate of insurance to Peters Township showing the Township as an additional insured: with respect to operations conducted within Peters Township and showing liability insurance coverage covering commercial, personal injury, property damage and general liability in amounts not less than $1,000,000 plus an umbrella policy of $4,000,000 covering the same.
[3]
The applicant shall protect, indemnify, defend and hold Peters Township, its officers, employees, agents, and representatives harmless from and against all claims, demands, and causes of action of every kind and character for injury to or death of any person or persons, damages, liabilities, losses and/or expenses, occurring or in any way incident to, arising out of, or in connection with its or its contractors', agents', or representatives' operations under this permit, including attorneys' fees, and any other costs and expenses incurred by Peters Township. The applicant shall in the same manner indemnify, defend and hold harmless any of the landowners with which or from whom the applicant has secured easements, rights-of-way, licenses, or other permission to conduct seismic activities on their property. Within 30 days of receipt of same, the applicant shall notify Peters Township and any landowners with whom the applicant has permission to do seismic testing, in writing, of each claim for injuries to or death of persons, or damages or losses to property occurring or in any way incident to, arising out of, or in connection with its or its contractors', agents', or representatives' operations conducted under this permit. At Peters Township's discretion, the Township may conduct an independent investigation, monitor, and review the processing of any such claim to ensure that such claim is handled as required herein.
(h)
Any permit granted hereunder may be revoked upon breach of any term or condition contained herein.
(i)
Notwithstanding anything contained herein to the contrary, any permit granted hereunder shall not be effective unless and until a copy of the permit, signed by an authorized officer of the applicant, the performance bond, and the certificates of insurance have been filed with the Township Manager.
§ 440-601 Criteria and supplemental regulations for certain uses.
[Amended 10-28-2024 by Ord. No. 905]
The uses in this section shall be subject to the following criteria and minimum standards. Use-specific requirements related to parking appear in Part 5, and use-specific requirements related to signage appear in Part 7.
An adult-oriented use shall be granted as a conditional use subject to the following express standards and criteria:
The said establishment shall be located within an existing development no less than 50,000 square feet of gross floor area.
Persons or owners who intend to open an adult-oriented use must obtain from Peters Township a license to operate such an enterprise and must pay to Peters Township an investigation fee as may be set from time to time by resolution of the Township Council. The current resolution is on file in the Township. In addition, such persons or owners must supply to the Township detailed information as to the ownership and financing as required on the licensing application form. This form can be obtained at the Planning Department.
No adult-oriented use shall operate if the establishment would be within 500 feet of an existing adult-oriented use, school, hospital, residence, group living facility, place of worship, place of assembly, public park and playground or an establishment which is licensed to and does sell alcoholic beverages.
An adult-oriented use shall be initially licensed where it has met the requirements set forth in the Peters Township Code of Ordinances through December 31 of the year in which the license is issued. For each year thereafter that the adult-oriented use intends to continue its business, it must seek from the Planning Department renewal of this license. The application for renewal is due in the Planning Department no later than November 1 of the year preceding the year in which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Township to deny or revoke an occupancy permit to the adult-oriented use.
Any adult-oriented establishment found to be in violation of this chapter, as amended, shall be subject to the enforcement penalties noted in Part 9.
No more than one sign shall be permitted; said sign shall be a ground or a wall sign.
Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.
At the time of permit application, applicants shall submit written operating procedures, such as those required, and under the provisions of the Pennsylvania Dog Law[1] [www.agriculture.pa.gov/protect/doglaw/kennels%20licensing/pages/default.apx or www.animallaw.info/statute/pa-dog-law-chapter-8-dogs-consolidated-dog-laws]. Such procedures shall be followed for the life of the business and shall prevent animal behavior that impacts surrounding uses, including excessive barking.
The applicant shall furnish evidence of effective means of animal waste collection and disposal which shall be continuously implemented.
Any exterior fenced area wherein animals exercise or are otherwise exposed must be located a minimum of 150 feet from any principal structure on adjacent lots, and all outdoor exercise areas shall be located at least 50 feet from any property line.
The perimeter of the exterior exercise area must be fenced with a weatherproof material, a minimum of five feet in height, accessible only through a self-latching gate.
Animals shall be permitted to exercise within outdoor exercise areas daily between the hours of 8:00 a.m. and 8:00 p.m.
When a notice of violation is issued for animal noise, the Township may require measures, including, but not limited to: development or modification of operating procedures; cessation of the use of outdoor area(s); closure of windows and doors; reduction in hours of operation; and use of sound-attenuating construction or building materials such as insulation and noise baffles. The Township may order the animal day care operation to be closed on a temporary or permanent basis.
An animal kennel shall be constructed on a lot greater than or equal to 10 acres.
Any such facility must be licensed under the Dog Law, with amendments, Act of 1996, No. 151.[2]
Any exterior fenced area wherein animals exercise or are otherwise exposed must be located a minimum of 150 feet from any principal structure on adjacent lots, and all outdoor exercise areas shall be located at least 50 feet from any property line.
The perimeter of the exterior exercise area must be fenced with a weatherproof material, a minimum of five feet in height, accessible only through a self-latching gate.
Animals shall be permitted to exercise within the exercise areas daily between the hours of 8:00 a.m. and 8:00 p.m.
Any structure used to house animals shall be equipped with code-approved nontoxic noise-dampening material or acoustic tile.
Odors and noise causing annoyance or discomfort to the public outside of the lot on which the kennel is located shall not be permitted.
The applicant shall furnish evidence of effective means of animal waste collection and disposal which shall be continuously implemented.
The landowner and/or developer shall comply with any additional standards, as defined by the Township Zoning Hearing Board, that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site.
Automobile gas stations shall be permitted in specified areas provided that:
The premises upon which the gasoline station is located shall have frontage on and direct vehicular access to an arterial street and may have additional direct vehicular access to a major collector street.
No outdoor unenclosed storage of pallets or other items offered for sale is permitted.
Dumpsters and all trash areas shall be totally screened from the public view.
All loading areas shall be at the rear of the building.
No automobile gas (service) station shall be located within 1,000 feet of another automobile gas (service) station.
The maximum height of the principal structure shall be 20 feet and shall be limited to one story. The maximum height of a canopy over gas pumps shall be 16 feet. Solar panels mounted to the canopy shall not count against the height limit.
Lighting of any canopy over gas pumps shall be installed as internal illumination of the canopy only. All lights within the canopy shall meet International Dark Sky full-cutoff requirements.
No signage is permitted on any canopy over gas pumps.
All sides of a building should express consistent architectural detail and character. All site walls, screen walls and pump island canopies should be architecturally integrated by using similar material, color and detailing.
Any business engaged in the repair of vehicles or parts of vehicles shall be permitted, provided that:
Vehicles left outdoors after business hours shall be limited to those awaiting service within a reasonable time.
No vehicle that fits the definitions of "junked vehicle" or "abandoned vehicle," as defined in this chapter, shall be parked outside the building.
All repair work and storage of parts and dismantled vehicles shall be conducted entirely inside a completely enclosed building.
Any business engaged in towing service shall dispose of any vehicles that fit the definition of "junked vehicle" or "abandoned vehicle," as defined in this chapter, within 24 hours, unless they are stored inside a building.
A bar/nightclub shall be located no less than 300 feet from any residential zoning district or a school/academy.
A bar/nightclub's hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption.
The owner(s) and operator(s) of a bar/nightclub shall be responsible for the conduct and safety of the patrons.
No more than one sign shall be permitted; said sign shall be a ground or a wall sign.
Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.
No more than five bedrooms may be available or used for such use in any building.
Not more than one ground sign shall be permitted on the lot. The maximum permitted sign area shall be 20 square feet.
Service of meals shall be limited to breakfast only to overnight guests of the facility.
All off-street parking spaces shall be provided on the lot. The number of off-street parking and loading spaces shall be provided as defined by Part 5. All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.
The owner and/or manager of the facility shall reside therein.
An overnight guest shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.
Means of ingress and egress to the lot shall be from an arterial, major collector, or minor collector street only.
The landowner and/or developer shall comply with any additional standards, as defined by the Township Zoning Hearing Board, that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site.
The size of a parcel shall be a minimum of one acre to be considered.
All billboards shall be subject to the express standards and criteria contained in Part 7.
The facility must include a retail, eating, drinking and/or tasting component that occupies a minimum of 20% of usable space, fronts the street at the sidewalk level and is open to the public.
The facility shall comply with all applicable state requirements.
The facility shall not produce odors, gas, dust or any other atmospheric pollutant detrimental to the health, safety or general welfare of persons living or working in the surrounding area.
Business services shall be limited to activities with a performance impact typical of office and retail activities.
The facility shall not produce odors, gas, dust or any other atmospheric pollutant detrimental to the health, safety or general welfare of persons living or working in the surrounding area, nor shall it produce noise in excess of applicable noise standards under state law and the Township Code.
The car wash use does not include an incidental one-bay washing facility in an automobile service station where washing facilities are purely incidental to the operation.
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 that has at least two walls.
Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.
A cemetery shall have access to an arterial, major collector, or minor collector street exclusively. Access cannot occur through a residential local street.
The minimum size of the parcel shall be 20 acres.
No storage buildings or warehouses shall be visible from adjoining residential dwelling units.
The landowner(s) or operator(s) shall comply with any additional standards as defined by the Township Zoning Hearing Board that are needed to protect public health, safety, and welfare or to address unique characteristics of a particular site.
Burial sites shall comply with the setbacks required for principal structures in the district, and burial structures shall not be located within 100 feet of any property line adjoining a residential use or zoning district classification.
All maintenance equipment shall be stored in an enclosed building when not in use.
Any facility dispensing medical marijuana must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Department of Health. Such a facility may only dispense medical marijuana in an indoor, enclosed, permanent and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
Any proposed methadone or suboxone treatment facility shall include with its submission of a zoning permit application a development narrative that accurately describes the nature of medical services to be provided and the names of the medical practitioners providing said services. A licensed physician shall be on duty at this type of facility during its hours of operation.
A clinic that dispenses medical marijuana may not operate on the same site as a facility used for growing and processing medical marijuana.
Clinics shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of controlled substances and unauthorized entrance into areas where they are stored.
A clinic that dispenses medical marijuana shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.
A clinic may dispense controlled substances only to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
A clinic that dispenses medical marijuana shall not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.
A clinic that dispenses medical marijuana shall be a minimum distance of 1,000 feet from the next nearest clinic. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which it is located. This separation distance does not apply to the distance between the grower/processor and the specific dispensary he or she serves or with which he or she partners.
Any clinic lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care facility.
A buffer planting is required where a clinic adjoins a residential use or district.[3]
Site users must submit a maintenance plan to the Township addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; and including the name and telephone number of a garden coordinator to be held responsible.
The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent property.
There shall be no retail sales on site.
No building or structures shall be permitted on the site, with the exception of minor greenhouses or equipment sheds as an accessory use, raised planting beds, fences and compost/waste bins. The combined area of all buildings or structures shall not exceed 20% of the garden site lot area.
Fences shall comply with the requirements of the pertinent zoning district.
Agricultural use of the garden shall be limited to the cultivation of fruits, vegetables and other plants, not to include the keeping of insects or animals.
Compressor stations shall be permitted to occur only on property that is zoned industrial. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with Township residents' enjoyment of their property and future Township development activities. In its conditional use application, the applicant shall provide environmental impact studies that analyze the impact of the proposed compressor station on Peters Township citizens' constitutionally protected rights to clean air and pure water under Article I, § 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). These studies shall be prepared by qualified environmental individuals and shall include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow, and vibration studies and sound studies. The applicant shall have the burden of persuasion with respect to the obligation to demonstrate that the proposed use will not affect the health, safety or welfare of the citizens of Peters Township or any other potentially affected landowner. The applicant must present an expert witness testimony to demonstrate that the location of the facility will not unreasonably adversely affect any of the following:
A conditional use application for a compressor station shall be accompanied by 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.
Conditional use approval is nontransferable without consent from Council and shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance 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.
As part of the conditional use application, the Township 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 24 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 of and understand this chapter.
All compressor stations shall be completely enclosed by a building.
The building shall be constructed in such a manner 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.
The building shall employ sound-proof-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 Planning Director.
Access directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at the station, the Township shall be provided a copy of the highway occupancy permit. Access roads shall also comply with the following:
Access roads must be 50 feet from adjacent property lines unless written consent is given.
The first 50 feet must be paved. Then 150 feet must be limestone in a manner that reasonably minimizes water, sediments, or debris carried onto any public road.
If the access road is less than 200 feet, the entire road must be limestone.
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's 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.
The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the station. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the Township and extending 800 feet beyond the Township boundary. The operator shall provide the Township with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.
Compressor stations shall utilize 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 upon a showing by the applicant that electric power is unavailable. However, if gas is used as fuel, it is to be consumer quality gas and not raw gas or bypassed gas, and 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.
Noise. The Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance depending on the location of a proposed station to adjacent residential properties. As part of the conditional use application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.
The noise generated during construction, drilling and hydraulic fracturing activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the performance standard for noise set forth in § 440-600A(8) of the Zoning Ordinance. As to nonresidential and non-protected structures, the average ambient noise level, as determined by the seventy-two-hour evaluation, shall not exceed the following:
Complaints.
If a complaint is received from any person using a protected structure for a lawful purpose, within a reasonable vicinity of a compressor station, regarding noise generated by compressor station operations, the Township will conduct a sound test to verify that a viable complaint exists. Upon confirmation by the Township that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:
If the operator engages in any noise testing as required by this chapter, it will provide preliminary data to the Township no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Township representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded. The Township reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.
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.
All structures, including but not limited to pumping units, storage tanks, buildings, and structures shall be painted a neutral color, 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 Planning Director.
Compressor stations shall be inspected by the Fire Department prior to operation. During the active operation at the compressor station, Township staff or consultants designated by the Township Manager shall have access to the site to determine continuing compliance with the conditional use approval.
The applicant will reimburse the Township for all reasonable and direct professional consultant fees incurred by the Township related to site inspection, approval process, or for specialized work called for in the permit.
Peters Township reserves the right to impose any other additional conditions necessary to protect the public health, safety and general welfare of its residents in order to address any unique characteristics of a particular compressor station site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the Pennsylvania Municipalities Planning Code (PAMPC).
Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless Peters Township, its departments, officials, officers, agents, employees and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of Peters Township, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.
The facility and/or its operation shall comply with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters.
The operator shall be required to provide notice of any spills and/or releases to the Township.
Conventional gas drilling shall be conducted only on lots of a minimum of 10 acres and shall not occur within a radius of less than 200 feet from occupied structures.
A copy of Pennsylvania Department of Environmental Protection permit shall be provided to Peters Township.
All permanent structures shall be buffered using Buffer Area A in § 440-505.
Peters Township reserves the right to require sound attenuation for all permanent gas facilities or equipment.
A business established for cremation of human or animal remains shall be located on property of not less than one acre.
The crematory cannot be constructed closer than 750 feet from an existing residence, school or day-care center. All other district setbacks from property lines shall also be maintained.
Emission standards. Air emissions from the crematory shall not exceed the rates specified in the following table:
Figure 600.4 Crematory Emission Standards | |||
|---|---|---|---|
Pollutant | Limit | Units | Averaging Period |
Particulate matter | 0.030 | Grains/dry standard cubic foot (gr/dscf) of exhaust gases | 3 hours |
Visible emissions | 0% | Opacity | 6 minutes |
Carbon monoxide | 20 | parts per million (ppm) | 1 hour |
Mercury | 0.050 | milligrams per normal cubic meter (mg/Nm3) | 3 hours |
Dioxins/furans | 400 | nanograms per body TEQDF-WHO98 | 3 hours |
All emissions must also meet the requirements of the Pennsylvania Department of Environmental Protection as part of their permitting requirements.
Emission control devices. An after burner or secondary chamber shall be used to achieve a minimum temperature of 1,800° F. prior to charging the unit and throughout the cremation cycle. The crematory operator/owner must install, maintain and operate additional control devices to assure that emission standards are met. It is the responsibility of the operator/owner to demonstrate that the installation will ensure compliance with emission regulations and standards.
Continuous emission monitoring. The owner or operator of the crematory shall install a continuous emission monitoring system to continuously monitor the afterburner or secondary chamber temperature and to monitor visible emissions (opacity). To the extent that the United States Environmental Protection Agency or Pennsylvania Department of Environmental Protection, creates standard for emission equipment and monitoring, they must be complied with. The monitors must be installed and calibrated by an approved engineering firm and in a manner that is consistent with best monitoring practices. The owner must keep copies of the monitoring records and provide them to the Township on a monthly basis and when requested. In addition, the owner or operator shall install a continuous mercury emission monitoring system to continuously monitor and record mercury air emission concentrations in the exhaust gases. The operator must notify the Township immediately upon an emission limit exceedance of the emission standard averaging period. If the limits for mercury exceed the limits for two out of three periods, the facility must be shut down until corrective action is taken and verified by the Township. Dioxin emissions shall be continuously monitored. Parametric monitoring for dioxin is permissible subject to 40 CFR Part 64 compliance. A CAM plan must be submitted for approval prior to the initial use of the facility. All monitoring reports/data shall be submitted to the Township at least every 30 days for all pollutants listed in Section 713.C. The operator shall notify the Township immediately if measured parameters exceed permissible levels. If compliance is not achieved within a twenty-four-hour period, the facility must be shut down until corrective action is taken and verified by the Township. On a semiannual basis, relative accuracy test audits (RATA) shall be conducted by a certified third party to demonstrate that the continuous emissions monitors (opacity, mercury and/or dioxin monitors) are accurate, and RATA reports shall be submitted to the Township within 30 days following the RATA audits.
All costs for monitoring shall be borne by the applicant. All operating, monitoring and control equipment are subject to inspection at any time by the Township following an occurrence of emission limit exceedance.
Emission performance testing. The owner or operator of the crematory shall conduct initial performance testing by a certified third party to demonstrate compliance with the emission standards identified in Subsection C within 30 days of startup of the unit and annually thereafter. The emission testing shall be conducted in accordance with United States Environmental Protection Agency approved emission test methods and in accordance with the procedures identified in the Pennsylvania Department of Environmental Protection's Source Testing Manual. The test will be done on at least six bodies with dental fillings being cremated. A test report shall be submitted to the Township within 30 days following the testing. If the testing demonstrates any of the emissions standards are exceeded, then the crematory shall not be operated until corrective actions and repairs are conducted and a report submitted to the Township documenting these actions. Follow-up emission testing shall be conducted during the first cremation that is performed following these corrective actions. If the follow-up emission test does not demonstrate compliance with the emission limits then the crematory will not be permitted to operate.
Hours of operation. Operating hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.
The cremation unit shall be totally enclosed within a building. The owner shall conduct an evaluation of the design of the proposed crematory exhaust stack location and stack height in relation to nearby structures, including, at a minimum, all structures on the owner's property and all structures on neighboring properties within 300 feet of the proposed stack location. The evaluation shall assess the heights and projected widths of all these structures in relation to the proposed stack to ensure that the stack height meets good engineering practice guidelines as specified in the air dispersion modeling provisions of 40 CFR Part 51 Appendix W. At a minimum, the stack height shall be at least 1.5 times the height of nearby structures.
The crematory operator/owner shall provide the Township with the necessary certifications to operate the crematory.
The crematory operator/owner shall provide prior to issuance of a building permit a copy of the required Pennsylvania Department of Environmental Protection General Permit (BAQGPA/GP_14). In addition, the crematory shall be operated in conformance with all local, state, and federal laws.
A crematory may provide a room(s) for the private viewing of the cremation by members of the deceased's family but may not be used to conduct public or private funeral home services.
Any additional standards or operational requirements that are needed to protect the public health, safety and welfare or to address unique characteristics of a site as defined by the Township Planning Commission shall be complied with by the landowner and/or developer and crematory operator and owner.
Bodies shall be cremated in wooden/crate containers only and with plastic that does not create toxic emission (no halogenated plastics).
When cremations are taking place, an operator certified to operate the crematory shall be on site.
The facility operator(s) shall abide be all provisions of Chapter 3290, Family Child Day Care Homes, of the Pennsylvania Code, as amended.
A day-care facility operator shall forward a copy of the current certificate of registration as issued by the Department of Welfare to the Township Planning Department.
The owner/operator of a day-care facility shall obtain appropriate Township business permits as defined by the Township Planning Director.
Any additional standards that are needed to protect public health, safety, and welfare or to address unique characteristics of a lot defined by the Township Zoning Hearing Board shall be complied with by the landowner and/or developer.
The number of clients permitted at any given time in a family day care (accessory use) shall be limited to six.
Parking spaces shall be located no more than 300 feet from the building's primary entrance.
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.
The means of a building's ingress and egress shall meet requirements as outlined in the Township's Building Code.
The facility shall be accessible for fire-fighting purposes and evacuation at all levels and on all sides.
All dumpsters and/or waste collection areas shall be located 50 feet from nearest residential unit and shall be enclosed by a solid masonry screen wall.
The primary vehicular entrance to the apartment shall, at a minimum, have direct access to a minor collector, major collector, or arterial road.
Maximum height of outdoor parking area and roadway lighting shall be 25 feet.
As a part of all land development, the landowner and/or developer shall provide a plan for photometries of the lot. Illumination, when measured at a lot line, shall be a maximum of 0.25 footcandle.
Buffer areas between apartment development and any other adjacent residential lot shall be increased by 10 feet in addition to the Township's required buffer area width. Landscaping within this additional width shall be provided according to spacing, quantity and type of plants specified by the Township Planning Commission.
Slopes shall be graded at a maximum of a three-foot horizontal to one-foot vertical (3:1) ratio.
If the parking area for a multifamily development is adjacent to a single-family residential lot, the following shall apply to any parking areas designed to accommodate more than 10 automobiles:
An additional ten-foot buffer area with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential development.
One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or
A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed where the sides do not exceed a four-foot horizontal to one-foot vertical (4:1) change in elevation. The mound shall be landscaped in its entirety with plants that provide four seasons of interest not including turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent properties.
Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.
All off-street parking spaces for townhouse developments shall be incorporated into the building. Guest parking shall be located no more than 300 feet from each townhouse.
All dumpsters and/or waste collection areas shall be located 50 feet from the nearest residential unit and shall be enclosed by a solid masonry screen. (See Part 12, Appendixes, of this chapter.)
The primary entrance to the single-family residential units shall be from a collector, connector or arterial road.
To minimize potential nighttime lighting pollution and to encourage minimizing negative impacts from impervious surface run-off, buffer areas shall be increased by five feet for a townhouse development. The additional buffer area shall be planted at a minimum with turf or groundcover.
The maximum number of contiguous units per structure shall be six.
Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.
Townhome developments in mixed-use districts can provide on-site amenities or pay a fee in lieu of dedication for each unit equal to the open space fee in the LD Zoning District.
An access analysis shall be conducted in order to evaluate sight distance and to identify appropriate lot access points. Special traffic signage control and lighting may need to be provided pending the access analysis.
Any additional standards that are needed to protect public health, safety, and welfare or to address unique characteristics of a particular lot defined by the Township Zoning Hearing Board shall be complied with by the landowner and/or developer.
No more than one sign shall be permitted; said sign shall be a ground or a wall sign.
An equestrian facility shall include the harboring of horses except as an accessory use by the owner of a principal dwelling (See "keeping of horses and ponies.") and shall be subject to the following criteria:
The use may not include breeding of horses or any other uses generally relegated to a farm use, except as accessory to a permitted principal use in a manner approved by Planning Commission in its review of the management plan for the facility.
The use may not include horse shows, competitions and/or rodeos, except as permitted by Planning Commission.
No such use shall be permitted on lots having less than 10 acres of land.
The maximum number of horses permitted shall not exceed two horses for each acre of lot for the first five acres and four horses for each additional acre.
One stall shall be provided for each horse. A maximum of one resident personnel for each 10 horses is permitted to reside overnight on the premises. A year-round residence shall be permitted for up to five facility managers and their households.
All buildings devoted to this use shall be set back a minimum distance of 100 feet from any street line and 150 feet from all side and rear boundaries. The side and rear setback of 150 feet may be reduced to 100 feet by the Planning Commission if a landscape plan is submitted that, in the Commission's judgment, sufficiently buffers any adjacent property owners. Any public riding ring, corral fencing or other roofless enclosure for horses shall be located not less than 25 feet from any property lines and not less than 100 feet from any principal dwelling on any adjacent lot.
No manure or substance which produces noxious or offensive odor or dust shall be stored or permitted to accumulate within 200 feet of any lot line and 100 feet of any street, wetland, lake or stream. The manure storage area shall not create any offensive odors nor attract or harbor vermin, rodents, flies or other animals and shall be subject to the approval of the Planning Commission. Township staff shall retain the right to inspect the manure storage facility at any time due to improper handling or odor problems.
Exterior night lighting shall be permitted only to the extent necessary to provide animal care, general security and safety and shall be installed and arranged so as to prevent any nuisance to adjoining properties and streets.
The application to the Planning Commission shall set forth a management plan for the equestrian facility and shall include:
Transport, storage and disposal of the manure.
Storage of hay, feed or other food for the horses.
Maintenance of the horses, stables and other riding areas.
Removal of dead horses from the property.
Sanitary disposal facilities for the stables, residence and manure-storage facility.
Public hours and general schedule for the proposed facility.
Accessory dining facilities and retail space shall be permitted but shall not, in total, exceed 4,000 square feet, with the portion devoted to retail space not to exceed 500 square feet. Such retail space is intended for the sale or rental of equipment to persons boarding their horses at the facility, members of their families and their guests, and the facility shall not solicit any business for the sale or rental of equipment from the general public.
A business established for the purpose of excavating services, with or without equipment storage, shall have one point of ingress and egress to a public road right-of-way. The point of ingress and egress shall be located in a manner that minimizes detrimental traffic impacts to both pedestrians and vehicular traffic.
Equipment storage shall be permitted to include mechanical equipment or other machinery that is in operable condition. The storage of inoperable vehicles is prohibited.
Screen walls.
An eight-foot-high screen wall shall be constructed around the perimeter of the storage area. The screen wall shall be measured from the average grade of the adjacent ground, unless otherwise defined by the Township Planning Commission.
The screen wall shall be 100% opaque and composed of one of the following:
Finished masonry or wood.
Black or green vinyl-coated chain link fencing with eight-foot high evergreen plantings located on the exterior side of the fence, where no fence components may be visible from an adjacent lot or right-of-way.
The landowner and/or developer shall provide evergreen plantings with a minimum height of eight feet in quantity and spacing as approved by the Township Planning Commission.
Excessive dust, odor, vibration or light shall not be generated to disturb the surrounding neighborhood.
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be permitted, with the exception of gasoline, diesel fuel and oil for the operation and maintenance of motorized vehicles and equipment.
The ground surface of off-street parking shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.
The hours of operation for material pickups, deliveries, outdoor processing and outdoor manufacturing operations shall be limited to 6:00 a.m. to 8:00 p.m. Preparation of materials and equipment for off-site service calls shall be permitted anytime.
No more than one sign shall be permitted; said sign shall be a ground or a wall sign.
Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.
Only a factory authorized dealer in new vehicles is permitted. Used or rental vehicles will only be permitted in conjunction with a factory authorized dealer in new equipment. All are subject to the following regulations:
The dealer shall provide an indoor showroom for the new equipment or vehicles.
Only vehicles in showroom condition may be displayed on the property forward of the building setback line.
All vehicles not in showroom condition (including but not limited to those received in trade, awaiting repairs, for lease, etc.) shall be stored behind the building setback line and screened from view from the right-of-way and from adjoining properties by a landscape screen or fence of appropriate design, as approved by the Planning Commission.
Any vehicle or equipment that fits the definitions of "junked vehicle" or "abandoned vehicle," as defined in this chapter, is prohibited from the premises.
The outdoor storage provisions of § 440-509 shall be waived for such dealerships, provided that the above conditions are met and the percentage of allowable paving is complied with.
A maximum of two signs shall be erected per site.
Any temporary signage erected during hours of operation shall be removed daily.
The market shall not operate more than one day per week during the months of May, June, July, August, September and October.
All outdoor displays and sale of merchandise shall begin no earlier than 3:00 p.m. and be completed no later than official sunset.
No outdoor amplified speakers or sound systems are permitted.
The retail sales area shall be set back at least 20 linear feet from all property lines, and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment.
No machinery, equipment, or materials shall be stored at the farmers' market location.
Exterior trash and recycling receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris.
Type A facilities shall have full-time staff on-site at all times.
The facility shall meet the standards of the Pennsylvania Department of Human Services Regulatory Compliance Guide, 55 PA Code Chapter 2600, and all other licensing and certification guidelines.
Total acreage shall be a minimum of one acre and shall not exceed 2.5 acres. The total resident density shall not exceed 10 persons per acre.
The Township Zoning Hearing Board may reduce minimum lot area dimensions when the building proposed to house such a facility is an existing building that has been established as appropriate for such an institution through a preexisting use.
Off-street parking for the facility shall be provided in accordance with the requirements of § 440-507.
Whenever a party or parties seek to occupy a dwelling or other building as a group living facility, the party or parties shall file a detailed statement of intent describing the proposed use of the dwelling or building, which statement shall detail the proposed number and nature of the anticipated occupants, with the office of the Township Manager. A license or certification shall also be obtained from the Commonwealth of Pennsylvania or Washington County prior to issuance of an occupancy permit. If an appropriate licensing or certifying agency does not exist, the landowner and/or developer shall demonstrate to the Township Zoning Hearing Board that the operation shall be conducted in a responsible manner without detriment to surrounding properties.
The sponsoring agencies or owner of the facility shall file for certification annually with the Zoning Officer to indicate that the facility continues to satisfy the conditions of original approval. Change in sponsorship or any conditions of original approval shall constitute a new use, and the full procedure for obtaining a new use shall be exercised.
The landowner and/or developer shall comply with any additional standards, as defined by the Township Zoning Hearing Board, that are needed to protect public health, safety and welfare or to address unique characteristics of a particular lot.
Type B facilities shall have full-time staff on-site at all times.
The facility shall meet the standards of the Pennsylvania Department of Human Services Regulatory Compliance Guide, 55 PA Code Chapter 2600, and all other licensing and certification guidelines.
Total acreage shall be a minimum of one acre.
The lot shall have a buffer area as required by § 440-505.
A usable open space area of 100 square feet per bed shall be provided exclusive of the front yard setback, buffer strip and parking area.
The lot shall be served by frontage on a public street and serviced by public sanitary sewers and public water.
All roads and drives on a lot shall be privately owned and maintained. Street design and construction is subject to Township Zoning Hearing Board.
Sidewalk gradients shall be constructed at 5% maximum.
All dumpsters and/or waste collection areas shall be enclosed by a solid masonry screen wall.
The facility shall be accessible for fire-fighting purposes and evacuation at all levels and on all sides.
Safe vehicular access and areas for discharging and picking up guests shall be provided.
Off-street parking for the facility shall be provided in accordance with the requirements of § 440-507. Parking spaces shall be located no more than 300 feet from the building's primary entrance.
The location, orientation and lot circulation shall be coordinated with the Township in order to minimize the disturbance of surrounding land uses.
Maximum height of outdoor parking area and roadway lighting shall be 25 feet.
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of 0.25 footcandle.
If the parking area for group living facility: Type B is adjacent to a single-family residential lot or development, the following shall apply to any parking areas designed to accommodate more than 10 automobiles:
An additional ten-foot setback with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential development.
One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or
A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed where the sides do not exceed a four-foot horizontal to one-foot vertical (4:1) change in elevation. The mound shall be landscaped with plants that provide four seasons of interest not including turf grass. The landowner and/or developer shall coordinate lot drainage so that lot development and grading do not create any adverse effects on adjacent properties.
The landowner and/or developer shall conduct a traffic analysis to show that adequate traffic controls are in place to minimize potential negative impacts.
Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.
All roads and drives on a site shall be privately owned and maintained. Street design and construction is subject to Township Zoning Hearing Board and Township Planning Commission approval.
Multistory buildings with upper-story dwelling units are permitted. A minimum of 50% of the upper-story dwelling units shall have at-grade or elevator access.
The employees of a home occupation may include the residents of said dwelling and a maximum of one nonresident.
The use shall not create any additional environmental impact other than those impacts, including but not limited to road infrastructure, traffic, garbage, water and sewage, normally resulting from residential use.
The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other municipal services beyond that which is normal for an average residence in the neighborhood.
The use shall comply with the performance standards specified in § 440-600.
The use shall not require internal or external alterations or construction features which change the fire rating of the structure.
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
There shall be no storage of materials or equipment outside an enclosed building.
The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.
All needs for parking generated by the conduct of a home occupation shall be provided for on the lot if the parking exceeds one hour.
The home occupation shall not involve the use of commercial vehicles, and such vehicles shall not be parked on the premises. Multiple employees cannot begin or end the workday at a residence in a residential zoning district.
There shall be no display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for pickup and/or delivery.
The home occupation shall not involve the use of advertising signs on the premises.
The following uses shall not be considered to be home occupations and shall be limited to the districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception:
Veterinary services.
Automobile sales, rental, service and repair shops.
Beauty shops and barbershops containing more than one chair.
Hospitals, nursing homes, group living facilities.
Kennels.
Funeral homes.
Private clubs.
Private instruction to more than three students at a time.
Restaurants.
Boarding of horses.
Day care for up to six children shall be considered a home occupation, provided that:
All of the foregoing standards for a home occupation are met.
An adequate area for outdoor recreation shall be provided and shall be secured by a fence with a self-latching gate.
A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.
Evidence of licensing, as appropriate, by the commonwealth shall be presented at the time of application, and the licenses shall be maintained throughout the operation of the day-care home.
Any approved home occupation which requires any type of public access to the dwelling must obtain all required approvals from the Pennsylvania Department of Labor and Industry.
All home occupation permits must be renewed every five years.
The site shall have vehicular access to an arterial, major collector, or minor collector street by means of a driveway entrance intersecting such a street, frontage on such a street or by means of an interior road system that leads directly to and intersects with such a street. In no case shall traffic from a hotel or motel exit onto or enter from a local street.
Rooftop mechanicals shall be screened from public view.
Dumpsters shall be completely enclosed by a wall or solid fence at least six feet in height.
Horses and ponies used for recreational purposes may be kept on less than 10 acres of land for the purpose of the immediate family's use, provided that the property is at least five acres and the general regulations for farms and agriculture are not violated.
Structures needed for the keeping of horses on less than 10 acres shall maintain a front setback of at least 100 feet. The setback for sides and rear yards shall be a minimum of 50 feet.
All chemical and/or mechanical transformation or production of materials is subject to the approval of Township Council.
An inventory of toxic, corrosive, flammable, carcinogenic and explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Township Planning Department to be kept on record at the Township's Fire Department.
A facility shall have only one point of ingress and egress to a public street right-of-way.
Excessive noise, dust, odor, vibration or light shall not be generated to disturb the surrounding neighborhood.
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
The hours of operation for material pickups, delivery, processing and manufacturing operations shall be limited to 6:00 a.m. to 8:00 p.m.
The building setback line between a light assembly facility and a residential district shall be 100 feet in width and shall be planted in accordance with Buffer Area A.
All aspects of the operations shall take place indoors.
An annual inspection by the Township's Fire Department shall be required for conformance with general health and safety regulations.
No more than one sign shall be permitted; said sign shall be a ground or a wall sign.
Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.
All activities shall take place indoors.
The facility shall be designed and constructed so that there shall be no danger to the health, safety or welfare of persons on adjoining properties.
All ventilation systems shall be designed so that any smoke, odors or fumes shall not be directed toward abutting properties.
Short-term. The accommodation of visitors for fewer than 91 days per year where the provision of lodging to any particular visitor is for no more than 30 consecutive days does not require a use permit.
Limited lodging home. The accommodation of visitors for 91 or more days per year where the provision of lodging to any particular visitor is for no more than 30 consecutive days requires a use permit. In no instance may limited lodging be provided for more than 180 days per year.
The dwelling unit shall remain as a household living unit with housekeeping facilities in common, but not to allow for occupancy by more than three unrelated persons (including the owner and lodgers).
Limited lodging must be accessory and secondary to the use of a dwelling unit for residential household living purposes.
Limited lodging may not result in changes to the residential character of the residential building in which it is located. No separate building entrance that is visible from the street may be provided for the sole use of the limited lodging.
The limited lodging may not adversely affect the residential character of the neighborhood. Limited lodging may not, for example, generate noise, vibration, glare, odors, or other effects that unreasonably interfere with any person's enjoyment of his or her residence.
Accessory signs are prohibited.
Guests of lodgers shall be allowed only between the hours of 8:00 a.m. and 12:00 a.m.
Smoke alarms and carbon monoxide alarms shall be installed throughout the dwelling unit.
Lodgers shall be notified of the trash and recycle collection days for the property and any applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property. Proper containers shall be provided for the lodgers.
Lodgers shall be notified that excessive noise is prohibited per the Township Code and such violators shall be subject to fines and penalties.
The primary resident conducting the limited lodging shall maintain records for a minimum of one year demonstrating primary residency (either entitlement to a homestead exemption or, for a renter, residence for more than half the year), the dates of limited lodging and the number of lodgers. Such records shall be made available upon request of any officer of the Township responsible for enforcement of any provision of the Township Code pertaining to the use and occupancy of the dwelling for limited lodging purposes.
The owner or his/her designee shall provide contact information to the limited lodgers for the purpose of responding to complaints regarding the condition, operation or conduct of the occupants of the dwelling and have the responsibility to take action to resolve such complaints.
A medical marijuana grower/processor may grow medical marijuana only in an indoor, enclosed and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
The maximum floor area of a medical marijuana processing facility shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Department of Health policy and shall not be placed within any unsecure exterior refuse containers.
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care facility.
A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district.
Access point on existing street: as specified in § 385-14 of the Subdivision and Land Development Ordinance.
Buffer area. Each mobile home park shall be surrounded by a buffer area at least 50 feet wide along the inside of the lot lines.
Side and rear yards of gross lot: 50 feet minimum from any mobile home berth to any lot line.
Minimum setback of all mobile homes and accessory structures: 75 feet from any right-of-way road and adjacent to the mobile home lot.
Distance between mobile homes: a total of 28 feet in both side yards, with a minimum of 10 feet per side.
The landowner and/or developer shall comply with any additional standards, as defined by the Township Zoning Hearing Board, that are needed to protect public health, safety and welfare or to address unique characteristics of a particular lot.
No such use shall be operated without approval and, where appropriate, licensing by such agencies as the Pennsylvania Department of Social Services, the Pennsylvania Department of Health, and other such appropriate local, state and federal agencies which may have authority in a particular case.
The maximum dwelling unit density shall be 24 rooms per acre.
No such use shall be established except on a lot fronting on and having access to a road designated as a major collector (or higher) unless the Peters Township Zoning Hearing Board finds that the type and amount of traffic generated by the facility is such that it will not cause an undue impact on the neighbors or adversely affect safety of road usage.
No structure used for or in conjunction with such use shall be located closer than 100 feet to any lot line in any Residential District.
Waste disposal storage areas shall be located within the rear yard in compliance with all setback requirements of the applicable zoning district and shall be screened in accordance with § 440-505.
Buffer Yard B, as provided for in § 440-505, shall be required.
All lighting shall conform to § 440-506.
All chemical and/or mechanical transformation or production of materials is subject to the approval of Township Council.
An inventory of toxic, corrosive, flammable, carcinogenic and explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Township to be kept on record at the Township's Fire Department.
A facility shall have only one point of ingress and egress to a public street right-of-way.
Excessive noise, dust, odor, vibration or light shall not be generated to disturb the surrounding neighborhood.
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
The hours of operation for material pickups and delivery shall be limited to 6:00 a.m. to 8:00 p.m.
A setback of 100 feet shall be set between an office warehouse facility and a residential district. A buffer area of 25 feet shall be planted in accordance with § 440-505.
All aspects of the operations shall take place indoors.
An annual inspection by the Township's Fire Department shall be required for conformance with general health and safety regulations.
No more than one sign shall be permitted; said sign shall be a ground or a wall sign.
Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.
All buildings and structures shall be set back at least 100 feet from all residential uses.
The point of ingress/egress shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
All dumpsters and/or waste collection areas shall be enclosed by a solid masonry screen.
Maximum height of outdoor parking area and roadway lighting shall be 25 feet.
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of 0.25 footcandle.
If the parking area is adjacent to a single-family residential lot, the following shall apply to any parking areas designed to accommodate more than 10 automobiles:
An additional ten-foot setback with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential development.
One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or
A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed where the sides do not exceed a four-foot horizontal to one-foot vertical (4:1) change in elevation. The mound shall be landscaped with plants that provide four seasons of interest not including turf grass. The landowner and/or developer shall coordinate lot drainage so that lot development and grading do not create any adverse effects on adjacent properties.
Such facilities are encouraged to explore shared parking agreements with nearby compatible uses. Township staff may adjust parking requirements in cases where the Township determines that parking needs can be met through such a formal arrangement.
Any additional standards that are needed to protect the public health, safety and welfare or to address unique characteristics of a particular lot defined by the Township Zoning Hearing Board shall be complied with by the landowner and/or developer.
The building shall have a pitched roof and be brick to grade on all sides.
Delivery areas shall be completely screened from view of residential properties by a roof or landscaping or both.
Maximum height of lighting shall be 25 feet.
The serving street at minimum must be a minor collector, major collector, or arterial road.
Delivery vehicles will be screened by an opaque fence.
A private club shall not be established or operated within 500 feet of an existing school, public playground, public park, residence, child-care facility, place of worship or place of assembly.
A private club shall not be established or operated within 300 feet of an existing bar, nightclub or liquor store.
The private club shall have direct access to an arterial or major collector road as defined by this chapter.
All parking and service areas shall be located to the rear of the lot and properly screened. All screens shall have a minimum height of eight feet and a minimum opacity of 80%.
A traffic impact study shall be reviewed to be submitted where the developing which according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's existing traffic volumes.
Any additional standards that are needed to protect the public health, safety and welfare or to address unique characteristics of a particular lot defined by the Township Zoning Hearing Board shall be complied with by the landowner and/or developer.
Processing plants shall only be permitted to occur on property that is zoned Industrial. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with Township residents' enjoyment of their property and future Township development activities. In its conditional use application, the applicant shall provide environmental impact studies that analyze the impact of the proposed processing plant on Peters Township citizens' constitutionally protected rights to clean air and pure water under Article I, § 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). These studies shall be prepared by qualified environmental individuals and shall include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow, and vibration studies and sound studies. The applicant shall have the burden of persuasion with respect to the obligation to demonstrate that the proposed use will not affect the health, safety or welfare of the citizens of Peters Township or any other potentially affected landowner. The applicant must present an expert witness testimony to demonstrate that the location of the facility will not unreasonably adversely affect any of the following:
A conditional use application for a processing plant shall be accompanied by 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.
Conditional use approval is nontransferable without consent from Council and shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance 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.
As part of the conditional use application, the Township and emergency management services shall be provided the name of the person supervising the processing plant and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the plant must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware of and understand this chapter.
Access directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at the plant, the Township shall be provided a copy of the highway occupancy permit. Access roads shall also comply with the following:
Access roads must be 50 feet from adjacent property lines unless written consent is given.
The first 50 feet must be paved. Then 150 feet must be limestone in a manner that reasonably minimizes water, sediments, or debris carried onto any public road.
If the access road is less than 200 feet, the entire road must be limestone.
The access driveway off the public road to the plant shall be gated at the entrance to prevent illegal access into the site. The site's assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the plant name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency.
The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the plant. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the Township and extending 800 feet beyond the Township boundary. The operator shall provide the Township with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.
Processing plants shall utilize 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 upon a showing by the applicant that electric power is unavailable. However, if gas is used as fuel, it is to be processed gas, and any exhaust from any internal combustion engine or compressor used in connection with the plant, 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.
Noise. The Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance depending on the location of a proposed plant to adjacent residential properties. As part of the conditional use application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with noise consultant/engineer.
The noise generated during construction, drilling and hydraulic fracturing activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the performance standard for noise set forth in § 440-600A(8). As to nonresidential and non-protected structures, the average ambient noise level, as determined by the seventy-two-hour evaluation, shall not exceed the following:
Complaints.
If a complaint is received from any person using a protected structure for a lawful purpose, within a reasonable vicinity of a processing plant, regarding noise generated by processing plant operations, the Township will conduct a sound test to verify that a viable complaint exists. Upon confirmation by the Township that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:
If the operator engages in any noise testing as required by this chapter, it will provide preliminary data to the Township no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Township representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded. The Township reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.
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.
All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color 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 Planning Director.
Processing plants shall be inspected by the Fire Department prior to operation. During the active operation at the processing plant Township staff or consultants designated by the Township Manager shall have access to the site to determine continuing compliance with the conditional use approval.
The applicant will reimburse the Township for all reasonable and direct professional consultant fees incurred by the Township related to site inspection, approval process, or for specialized work called for in the permit.
Peters Township reserves the right to impose any other additional conditions necessary to protect the public health, safety and general welfare of its residents in order to address any unique characteristics of a particular processing plant site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the Pennsylvania Municipalities Planning Code (PAMPC).
Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless Peters Township, its departments, officials, officers, agents, employees and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of Peters Township including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.
The facility and/or its operation shall comply with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters.
The location, orientation and lot circulation shall be such as to minimize the disturbance of surrounding open space.
If the parking area for a public works facility is adjacent to a single-family residential lot, the following shall apply:
An additional twenty-foot setback with 1.5 times the required number of plants for screening and buffering activities that occur on the premises.
Maximum height of outdoor parking area and roadway lighting shall be 20 feet.
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of 0.25 footcandle.
Any additional standards that are needed to protect the public health, safety and welfare or to address unique characteristics of a particular lot defined by the Township Zoning Hearing Board shall be complied with by the landowner and/or developer.
All pools, tennis courts, or other comparable facilities shall be considered structures for the purpose of this chapter.
The facility area and lot boundaries shall be landscaped as required by the Zoning Hearing Board to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.
All facilities shall have a paved parking area in accordance with this chapter; it shall not be closer than 25 feet to any residential lot line.
All facilities shall abut a public road and have a permanent access thereto.
No direct or sky-reflected glare, whether from floodlights or any other kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
Operating hours for private and commercial facilities shall be no earlier than 7:00 a.m. and no later than 11:00 p.m., prevailing time. The Zoning Hearing Board may limit hours within this time frame based on the use and location of the facility. "Operating hours," for the purpose of this section, shall mean the period of time that the recreational or athletic activity is occurring.
All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when an attendant is not present, and shall be constructed in accordance with all applicable state requirements.
Tennis courts shall be protected by a permanent fence 10 feet in height behind each base line extending 10 feet beyond the playing area in each direction.
Fences for other types of facilities shall be as prescribed by the Zoning Hearing Board.
Any additional standards that are needed to protect public health, safety, and welfare or to address unique characteristics of a particular lot defined by the Township Zoning Hearing Board shall be complied with by the landowner and/or developer.
Recreational facilities as an accessory use for single-family dwellings shall be governed by the following:
Swimming pools, pool patios and pool equipment (such as filters, heaters and pumps), tennis courts, sport courts or other similar recreational facilities are considered accessory structures and shall be governed by the yards and setbacks of the district.
Swimming pools.
All swimming pools shall be protected by a fence, wall or other substantial barrier not less than four feet high, and with a self-closing, self-latching gate of such a character as reasonable to restrict unsupervised access by children.
All permanent swimming pools shall be provided with a filtering system.
For the purposes of calculating the lot impervious coverage, the swimming pool, all decking and/or concrete surrounding the pool shall be included within the calculations.
Tennis courts and sport courts. All tennis courts and sport courts shall be protected by a permanent fence 10 feet in height line extending 10 feet beyond the playing area in each direction. The fence shall include wind screen fabric on all four sides. Fences may be constructed within the setbacks. Tennis courts and sport courts are included in the impervious coverage limitation of the lot.
Other. The Zoning Officer shall determine the necessity for fences and their height and any other matters of public safety in accordance with the type of facility proposed.
Play structures. Play equipment 120 square feet or a height of 10 feet shall conform to setbacks of accessory structures. Play structures less than 120 square feet do not have setback requirements if located in rear or side yards.
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in this chapter.
A research and development facility shall have one point of ingress and egress to an arterial, major collector, or minor collector road.
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and filed with the Township Fire Marshal.
No more than one sign shall be permitted; said sign shall be a ground or a wall sign.
Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.
The hours of operation and activities for a restaurant shall be appropriately scheduled to protect adjoining neighborhoods from detrimental noise, disturbance or interruption.
All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as defined in § 440-507. Stacking and queuing spaces for any drive-through shall be provided as specified in Figure 500.10.
All dumpsters shall be located in the rear setback yard and shall be screened. All screens shall have a height of at least eight feet and shall have a minimum opacity of 80%.
Mechanical equipment location(s) are subject to Township Council approval and shall be designed and screened so that visibility from an adjacent residential zoning district is minimized to the greatest extent possible.
Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.
The minimum lot size shall be two acres.
All buildings and structures shall be set back at least 100 feet from all lot lines and rights-of-way.
A school shall have direct access to an arterial, major collector, or minor collector street. The point of ingress/egress shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
The location, orientation and lot circulation shall be coordinated with the Township in order to minimize the disturbance of surrounding open space.
All dumpsters and/or waste collection areas shall be enclosed by a solid masonry screen at least eight feet in height.
If the parking area for school is adjacent to a single-family residential lot or development, the following shall apply to any parking areas designed to accommodate more than 10 automobiles:
An additional ten-foot setback with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential development.
One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or
A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed where the sides do not exceed a four-foot horizontal to one-foot vertical (4:1) change in elevation. The mound shall be landscaped with plants that provide four seasons of interest not including turf grass. The landowner and/or developer shall coordinate lot drainage so that lot development and grading do not create any adverse effects on adjacent properties.
Any additional standards that are needed to protect the public health, safety and welfare or to address unique characteristics of a particular lot defined by the Township Zoning Hearing Board shall be complied with by the landowner and/or developer.
No activities other than rental of storage units and pickup and deposit of dead storage shall be allowed on the premises. No dead storage shall be permitted outside an enclosed building. This includes boats, trailers, etc. No hazardous materials or substances shall be permitted to be stored in the buildings.
A lot used for this purpose shall not be less than two acres nor more than three acres.
A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances.
The site shall have direct access to an arterial, major collector, or minor collector street as defined in the Subdivision and Land Development Ordinance. A minimum of two points of ingress and egress shall be provided.
All driveways within the site shall have a minimum width of 25 feet, and there shall be no dead-end driveways.
All property lines which adjoin a residential use or zoning classification shall be screened by a buffer area as defined by § 440-505.
Parking shall be provided as required in § 440-507.
The minimum lot size for any large solar energy system shall be five acres.
Large solar energy systems shall be set back a minimum of 100 feet from any public right-of-way, any lot line, and/or any residential use.
Notwithstanding lot coverage limitations set forth in the base zoning district(s), the maximum impervious coverage for a large solar energy system and any accessory or appurtenant structures shall be 20% of the lot area.
All mechanical equipment associated with and necessary for the operation of the large solar energy system that is not mounted on a building wall, including any structure for batteries or storage cells, shall be enclosed within a six-foot-high fence or evergreen plantings of equal height. Evergreen plantings shall be of a type that is to be approved by the Township. The fence shall be made of wood, masonry, durable plastic or other decorative material approved by the municipality. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings.
Solar energy systems shall not be artificially lighted except to the extent required for safety or by any applicable federal, state or local authority.
Solar energy systems and appurtenant or accessory structures shall not display any advertising, except for reasonable identification of the panel or other equipment manufacturer, and the facility owner.
Solar energy systems shall be located where there is a means of vehicular access from a public or private street.
A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where any applicant desires to ensure that solar access to a solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easement(s) from neighboring property owner(s) and to notify the Township upon the recording of any such easement(s). All solar access easements shall be recorded in the office of the Washington County Recorder of Deeds.
Solar collectors shall be installed so as to prevent glare or concentrated solar radiation as may otherwise be directed onto other properties or onto roadways such that a nuisance situation is created. Antireflective surface materials or coatings shall be used to preclude glare to the extent feasible. The applicant or the installer or manufacturer of the solar energy system shall submit with the application for permit, as applicable, a signed statement including the following:
Certification that the proposed system shall not produce glare or reflect concentrated solar radiation visible beyond the property lines of the property upon which the solar energy system shall be located such that a nuisance situation is created;
Acknowledgement that should any glare or concentrated solar radiation produced prove to be visible beyond the property lines of the property upon which the solar energy system shall be located at any time subsequent to the installation of the system such that, in the opinion of the Zoning Officer, a nuisance situation or safety hazard arises for another property owner or the traveling public, the Township may at its discretion require mitigated action or may require the removal of the system or portion thereof generating the glare or reflected solar radiation;
Acknowledgement that should any mitigation or system removal deemed necessary by the Township fail to be dealt with in accordance with the Township's determination within six months of notification of the landowner and/or system owner, or immediately in any case determined to be a safety hazard, the Township may implement such mitigation or remove such systems as it deems necessary, costs thereof to be reimbursed within 90 days and, if not, a commensurate lien shall be placed upon the property;
Acknowledgement that the obligations set forth herein shall continue so long as the subject solar energy system remains in operation and that any subsequent property owner shall be so notified.
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
If the solar energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the solar energy system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.
If a ground-mounted solar energy system is ever removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded to the satisfaction of the Township.
Any large solar energy system shall comply with all applicable standards for a land development in Chapter 385, Subdivision and Land Development.
A small solar energy system shall be permitted as an accessory use in specified areas subject to the following minimum standards:
All solar energy equipment shall be located on the parcel or plot of land of record in which the principal use is located, with the exception that power lines or any related equipment to the solar energy system may be located on an adjoining parcel or plot of land of record, provided that it will comply with all applicable virtual net metering laws of the public utility provider.
Power generated by the solar energy system shall provide power only for the principal use in which it services; any excess power generated by the solar energy system shall only be sold or acquired by a public utility in accordance with law or other governmental regulations.
All mechanical equipment associated with and necessary for the operation of the solar energy system, which is ground-mounted, including any structure for batteries or storage cells, shall be enclosed within a six-foot-high fence or evergreen plantings of equal height. Evergreen plantings shall be of a type that is to be approved by the Township. The fence shall be made of wood, masonry, durable plastic or other decorative material approved by the municipality. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings.
Solar access easements. A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where any applicant desires to ensure that solar access to a solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easement(s) from neighboring property owner(s). All solar access easements shall be recorded in the office of the Washington County Recorder of Deeds.
Solar collectors shall be installed so as to prevent glare or concentrated solar radiation as may otherwise be directed onto other properties or onto roadways such that a nuisance situation is created. Antireflective surface materials or coatings shall be used to preclude glare to the extent feasible. Should any glare or concentrated solar radiation prove to be visible beyond the property line at any time subsequent to the installation of the system such that, in the opinion of the Zoning Officer, a nuisance situation or safety hazard arises for another property owner or the traveling public, the Township may at its discretion require mitigating action or the removal of the system or portion thereof generating the glare or reflected solar radiation. Should any mitigation or removal deemed necessary by the Township fail to be dealt with in accordance with the Township's determination within six months of notification of the landowner, the Township may implement such mitigation or removal as it deems necessary, cost thereof to be reimbursed within 90 days and, if not, a commensurate lien shall be placed upon the property.
The solar energy system shall be kept in good repair and sound condition. Upon abandonment of the use, the solar panels and any related structures and equipment shall be dismantled and removed from the lot within 60 days.
Ground-mounted systems:
No part of a ground-mounted solar energy system shall be located any closer than 15 feet from any side or rear property lines. No part of a ground-mounted solar energy system shall be located between the principal structure on the property and the public street right-of-way, notwithstanding the aforesaid requirement.
Ground-mounted solar energy systems shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
Ground-mounted solar energy systems shall not be placed in a manner that would cause a violation of any other section of the Zoning Ordinance, such as minimum parking requirements, required buffer yards or other landscaping requirements, maximum impervious coverage limitations or any other applicable standards.
Ground-mounted panels of a solar energy system shall be counted toward a given property maximum impervious coverage requirements unless the applicant can demonstrate that stormwater will infiltrate into the ground beneath the solar panels at a rate equal to that of the infiltration rate prior to placement of the panels.
Ground-mounted solar energy systems shall not exceed a height of 20 feet.
Roof-mounted systems:
Roof-mounted solar energy systems shall not extend beyond the peak elevation of the top of the roof on which the panels are to be constructed.
If the solar panels are to be constructed on a flat roof, no part of the solar energy system shall exceed beyond the maximum height requirements for the zoning district in which the building is located.
Roof-mounted solar energy systems shall not be counted as adding to any impervious coverage calculation.
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
The landowner and/or developer shall provide a traffic analysis (See § 440-510.) demonstrating hourly anticipated demands and level of service based upon the facility's capacity and projected class times.
Setback, screening and buffering of parking and loading areas as well as outdoor common spaces shall be provided in accordance with § 440-505.
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of 0.25 footcandle.
The ground surface of off-street parking shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust or other disturbances.
All buffer areas shall be planted with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers. (See § 440-504.)
Grass, sod or turf shall not be considered an acceptable plant for use within landscaped buffer areas. (See § 440-504.)
Any additional standards that are needed to protect public health, safety, and welfare or to address unique characteristics of a particular lot defined by the Township Zoning Hearing Board shall be complied with by the landowner and/or developer.
The maximum number of persons served shall not exceed 24.
On-site services shall be for residents of the facility only, except where part of a regimen of scheduled post-residential treatment.
The operator shall submit a management plan for the facility. Additionally, the operator shall file a floor plan showing sleeping areas, emergency exits and bathrooms with the Peters Township Fire Department.
A transitional facility shall be located at least 1/4 mile from all existing transitional facilities and from day-care facilities, hotels/motels, schools and group homes serving children.
A conditional use application shall be accompanied by written permission from the property owner(s) who has legal or equitable title in and to the surface of the drill site or demonstrable documentation of the applicant's authority to occupy the surface for the purpose of mineral extraction. In addition, the application shall include the proposed pipeline route from the oil and gas drill site to the transmission line and how fluids will be brought to and from the site.
Conditional use approval is nontransferable without consent from Council and shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of issuance 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.
The unconventional drilling pad (limits of disturbance) shall maintain a minimum five-hundred-foot setback to the property line. In addition, no protected structure shall be permitted to be constructed within 500 feet of the edge of the well pad disturbance.
As part of the conditional use application, the applicant shall have submitted all necessary applications for permits and plan approvals to the Pennsylvania Department of Environmental Protection. Prior to beginning the drilling site construction, the applicant shall submit to the Township a copy of all permits [general permits, well permit(s), joint permits, earth disturbance permit, ESCGP-1, etc.] issued by the Pennsylvania Department of Environmental Protection. In addition, the Township shall be provided copies of all plans (erosion and sedimentation control, grading, water management plan, water withdrawal plan, pollution prevention contingency, alternate waste disposal, etc.) required and approved by the Pennsylvania Department of Environmental Protection. The Township Engineer shall be provided with a timeline and activity schedule, and all required permits shall be maintained, commencing at site construction and continuing throughout the duration of drilling and production testing (hydraulic fracturing) operations. Any suspension or revocation of permits by the Pennsylvania Department of Environmental Protection shall be reported to the Township and shall constitute a violation of Township zoning approval and may result in the suspension of zoning approval.
Predrilling, posthydraulic fracturing, and baseline water survey requirements. Prior to drilling and posthydraulic fracturing, the operator shall be responsible for testing all existing water supplies (surface water and groundwater) within 2,500 feet of the surface location of the well. The purpose of testing is to determine the baseline quality and quantity of surface water and groundwater in the immediate vicinity of the proposed well site and to evaluate resultant changes that may occur or have an impact on the water supply of the site and surrounding area. If a landowner refuses to allow the operator access to conduct a survey, the operator shall show evidence of such refusal in accordance with PA Code Title 25, Chapter 78, § 78.52(f). In addition, prior to drilling, the operator will be required to drill a test well outside of the limits of the well pad but no more than 750 feet from the well location to a depth that intersects all known or viable aquifers for the purposes of obtaining a baseline assessment of water quality in the vicinity of the site. The test well shall be located such that it is part of the hydrologic system of the drill site. All testing shall adhere to the following:
Predrilling testing results, both from existing water supplies and from the operator-drilled test well, shall be submitted as part of the conditional use application.
Posthydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.
The posthydraulic fracturing test results, both from existing water supplies and from the operator-drilled test well, shall be submitted to the Township, Pennsylvania Department of Environmental Protection, and residents within 2,500 feet of the surface location of the well in accordance with PA Code Title 25, Chapter 78, § 78.52, Predrilling or prealteration survey, within 10 days of their receipt.
The operator shall be responsible for all costs associated with drilling and testing, and testing shall be done by an independent state-certified water testing laboratory agreed upon by the Township.
Water quantity test. The operator shall hire a consultant (hydrogeologist) agreed upon by the Township to conduct water quantity testing. The consultant shall submit a pretesting and a predrilling plan to be approved by the Township. The consultant shall test for gallons per minute (gpm) flow rates, yield, groundwater levels, and other pertinent information for all viable aquifer zones via draw down tests 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 draw down tests 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.
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 Township reserves the right to add additional parameters.
Figure 600.5 Water Quality Test Parameters | ||||
|---|---|---|---|---|
Analyte | ||||
Inorganic | Trace Metal | Organic | Microbiology | Other |
Alkalinity | Barium | Ethane | Total coliform/E.coli | Volatile organic compounds |
Chloride | Calcium | Methane | Detergents (MBAS) | |
Conductivity | Iron | Propane | Total organic carbon | |
Hardness | Magnesium | Total petroleum hydrocarbons | Nitrate | |
Oil and grease/bromide | Manganese | Acetone | Radionuclides gross alpha, radium | |
pH | Potassium | Radon | ||
Sulfate | Sodium | Lead | ||
Total dissolved solids | Strontium | Total coliform bacteria | ||
Residue: filterable | Arsenic | |||
Total suspended solids | Zinc | |||
Residue: nonfilterable | Aluminum | |||
Turbidity | Lithium | |||
Ethylene glycol | Selenium | |||
Boron | ||||
Predrilling and posthydraulic fracturing soil survey requirements. Prior to drilling and posthydraulic fracturing, the operator shall be responsible for testing soil conditions within the area of the drill site but no greater than 500 feet from the surface location of the well. The purpose of testing is to determine the baseline soil conditions in the immediate vicinity of the proposed well site and evaluate resultant changes that may occur or have an impact on the soils of the site and surrounding area.
Predrilling testing results shall be submitted as part of the conditional use application.
Posthydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.
The results shall be submitted to the Township and Pennsylvania Department of Environmental Protection within 10 days of their receipt.
The operator shall be responsible for all costs associated with sample collection and testing, and testing shall be done by an independent state-certified testing laboratory agreed upon by the Township.
Operators shall test for the following list of parameters for soils. The list is not exhaustive, and the Township reserves the right to add additional parameters.
Figure 600.6 Soil Quality Test Parameters | |||
|---|---|---|---|
Analyte | |||
Inorganic | Trace Metal | Microbiology | Other |
Alkalinity | Barium | Total coliform/E.coli | Volatile organic compounds |
Chloride | Calcium | Nitrate | |
Hardness | Iron | Radionuclides gross alpha, radium | |
Oil and grease | Magnesium | Lead | |
pH | Manganese | ||
Sulfate | Potassium | ||
Residue: filterable | Sodium | ||
Residue: Nonfilterable | Strontium | ||
Bromide | Arsenic | ||
Zinc | |||
Aluminum | |||
Lithium | |||
Selenium | |||
Boron | |||
Access directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the highway occupancy permit.
Truck routes.
The applicant must provide the Township with a plan showing the proposed truck routes to be utilized during the unconventional drilling operation. The proposed hauling routes must be designed to minimize the impact on Township roads. The Township reserves the right to designate reasonable required truck hauling routes consistent with the Pennsylvania Motor Vehicle Code and Pennsylvania Department of Transportation throughout the Township.
The Township shall consider all potential routes and, when possible, designate routes that are the least intrusive to the Township, its operation, and the general public. When determining the least intrusive routes, the Township shall account for roadway jurisdiction, traffic, physical characteristics/conditions, location of school bus stops/routes, and the number of residential units along potential routes. Routes shall be coordinated with the school district to minimize impact on peak school bus operation hours. Operators shall be responsible for clearly posting designated routes with identification signs in a manner (style and location) approved by the Township. There will be no staging of trucks on local roads.
The applicant or owner of the oil or gas well shall execute an excess maintenance agreement with the Township for a Type 2 permit as per the Pennsylvania Code Title 67, Chapter 189, § 189.4(b), road bonding, and post a bond at the paved highway rate in favor of the Township in a form acceptable to the Township prior to beginning any work on a drill site. The bond is to guarantee restoration of Township roads and bridges damaged as a result of hauling associated with the drilling operation.
Driveways.
An off-street area, at the entrance to the drill site and outside of the road right-of-way, shall be provided for vehicles to stand while gaining access so that normal flow of traffic on the public street is undisturbed. In accordance with § 440-503, accessing the drill site shall be paved with an impervious material from the public street cart way 50 feet into the drill site. The impervious material shall be in place prior to the commencement of the drilling operation.
Proper and adequate stormwater runoff controls for driveways shall be installed to prevent concentration of runoff onto adjacent properties or public streets.
As part of the conditional use application, the applicant/owner shall provide the Peters Township Fire Department with a copy of the Pennsylvania Department of Environmental Protection approved preparedness, prevention and contingency (PPC) plan and all SDS sheets of all products brought to the site. The applicant shall, prior to drilling its first gas well in the Township, make available with at least 30 days' notice, at the applicant's sole expense, one appropriate group training program for emergency responders. Such training shall be made available at least annually during any year that drilling activities take place at approved drill sites.
As part of the conditional use application, the Township and emergency management services shall be provided the name of the person supervising the drilling operation and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the oil and gas drilling operations must be provided. The list shall include verification that all supervisors/operators and subcontractors at the drill site are aware of and understand this chapter.
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 visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency. In lieu of a gate the operator can provide 24/7 security on sites during the drilling operation.
Lighting. No drill site lighting used for or associated with the drilling operation shall be positioned or directed in such a manner so that it shines directly upon public roads, adjacent property or property in the general vicinity of the drill site. Site lighting shall be directed downward and shielded so as to avoid glare on public roads and adjacent properties. Lumen levels shall not exceed zero footcandles at the property line over the ambient, which shall be taken at a point six feet off the ground at least one hour after sunset and at least one hour before sunrise.
Dust, vibration, odors. All drilling operations shall be conducted in such a manner as to minimize dust, vibration or noxious odors. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site to avoid injury to or annoyance of persons living in the vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe.
Noise. The Township may require acoustical blankets, sound walls, mufflers or other alternative methods as proposed by the operator to ensure compliance depending on the location of a proposed drill site to adjacent residential properties. As part of the conditional use application and prior to beginning the drill operation, the applicant shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The applicant, owner/operator shall be responsible for all costs associated with the noise consultant/engineer.
The noise generated during construction, drilling and hydraulic fracturing activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the performance standard for noise set forth in § 440-601A(8). As to nonresidential and nonprotected structures, the average ambient noise level as determined by the seventy-two-hour evaluation shall not exceed the following:
During drilling activities by more than 60 decibels or 10 decibels over the ambient, whichever is greater, during the hours of 7:00 a.m. to 9:00 p.m.
During drilling activities by more than 60 decibels or five decibels over the ambient, whichever is greater, during the hours of 9:00 p.m. to 7:00 a.m.
Since fluctuations in noise levels are inherent to mineral extraction activities, the Township has created a sliding scale which provides adjustments in the permitted level of noise generated during operations to create flexibility in the regulations and prevent repeated violations. Drilling activities are permitted to generate noise 10 decibels higher than the average ambient noise levels [Refer to Subsection P(1)(a), above.] and the adjustments are in addition to that sound level. Adjustments to the preceding noise limits may only occur during the hours of 7:00 a.m. to 9:00 p.m. and are as follows:
Figure 600.7 Permitted Levels of Increased Noise Levels | |
|---|---|
Permitted Increase (dBA) | Duration of Increase (minutes) |
0 to 5 | 15 |
6 to 10 | 5 |
11 to 15 | 3 |
16 to 20 | 1 |
More than 20 | 0 |
NOTE: The maximum cumulative time that the permitted increases in dBA may occur in one hour may not exceed 15 minutes. For instance, an operator shall not be permitted to allow an increase of 10 dBA for five minutes and then an increase of five dBA for 15 minutes, within the same hour. If 10 dBA are reached for five minutes, then five dBA may only occur for 10 minutes. | |
Complaints.
If a complaint is received by any person using a protected structure for a lawful purpose, within a reasonable vicinity of a drill site, regarding noise generated during drilling and hydraulic fracturing activities, the Township will conduct a sound test to verify that a viable complaint exists. Upon confirmation by the Township that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:
If the operator engages in any noise testing as required by this chapter, it will provide preliminary data to the Township no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Township representatives and affected residents to discuss whether possible noise abatement measures are warranted if the permitted levels set herein were exceeded. The Township reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.
Impoundments.
Impoundments shall be allowed only on the parcel/property where the unconventional drilling site is occurring and shall only be used to support the particular unconventional drilling site where they are located, with approval for the impoundment at the discretion of Council as part of the conditional use process. No off-site impoundments, drill cuttings pits/reserve pits shall be permitted. Impoundments shall not use surface aerators. All drill site impoundments shall be secured with a temporary fence with a secured gate as follows:
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.
Upon review of the application, Council may, in its discretion, require air modeling and monitoring of emissions coming off of impoundments.
At the time of conditional use application, a survey of the drill site showing the general area where associated gas production equipment (tanks or other surface installations) will be located and locations and distances to property lines shall be filed with the application. All sensitive natural features, including but not limited to waterways, wetlands, steep slopes, and floodplains including those 100 feet outside the limits of disturbance, as defined on the approved Pennsylvania Department of Environmental Protection erosion and sedimentation plan, must also be shown.
Prior to drilling an oil and gas well or multiple oil and gas wells at a location, but no later than two weeks beforehand, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well(s):
A copy of the well survey plat showing the location(s) of the planned well(s) and well locations;
A general description of the planned operations at the planned well(s) and associated equipment used in the development of the well(s);
Operators shall test all water supplies within 1,000 feet of each well site and share the results with landowners and the Township. (Refer to § 440.600, Unconventional gas drilling, Figure 600.5 above.);
The contact information of the operator; and
The availability of the operator to hold a meeting with such residents to present the operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.
Any on-site associated gas production equipment (well head, separator, condensate tanks, and pipeline) shall be painted an earth-tone color to blend in with the surrounding area. An earth-tone color shall be a neutral color and include sand, gray, green and unobtrusive shades of brown, or other neutral colors, as approved by the Planning Director.
The Township may, at its sole discretion, require permanent fencing (Refer to § 440-512C for specifications.) and/or landscaping to buffer the postdrilling facilities or gas production equipment from adjacent properties. All on-site gas production equipment shall comply with the dimensional requirements detailed in § 440-404.3, Figure IN.2.
Any damage to public property caused by such operations must be repaired and restored within 60 days of completing the drilling operation or as agreed to by Peters Township. The repairs shall meet or exceed prior conditions.
After any spill, leak or malfunction, the operator shall notify the Township Manager or Fire Chief within four hours of a nonemergency spill or immediately for an emergency situation, and the operator shall notify Township officials when cleanup will begin. The operator will remove or cause to be removed to the satisfaction of the Peters Township Fire Chief and the Pennsylvania Department of Environmental Protection inspectors all waste materials from any public or private property affected by such spill, leak or malfunction. Clean-up operations must begin immediately upon knowledge that a spill, leak or malfunction occurs and alert the Township of any spills, leaks or malfunctions.
The facility and/or its operation shall comply with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters. In its conditional use application, the applicant shall provide environmental impact studies that analyze the impact of the proposed well site on Peters Township citizens' constitutionally protected rights to clean air and pure water under Article I, § 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). These studies shall be prepared by qualified environmental individuals and shall include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow, and vibration studies and sound studies. The applicant shall have the burden of persuasion with respect to the obligation to demonstrate that the proposed use will not affect the health, safety or welfare of the citizens of Peters Township or any other potentially affected landowner.
The applicant or unconventional drill site operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossings and/or adjacent to roadways during periods of anticipated heavy or frequent truck traffic to and from the drill site. Flagmen shall be present and used to ensure the safety of motorists and pedestrians and take measures that may include adequate signs and/or other warning measures for truck and vehicular traffic.
All unconventional drill site construction (grading, installation of erosion and sedimentation controls, roadway construction, etc.) shall be done in accordance with Township construction hours: 7:00 a.m. to 7:00 p.m., Monday through Saturday. Any burning of trees or brush shall be done in accordance with burning regulations using an air curtain.
During the active operation at an unconventional drill site Township staff or consultants designated by the Township Manager shall have access to the site to determine continuing compliance with the conditional use approval.
Peters Township reserves the right to impose any other additional conditions necessary to protect the public health, safety and welfare of its residents and to assure protection under Article I, § 27, of the Pennsylvania Constitution in order to address any unique characteristics of a particular drilling site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the Pennsylvania Municipalities Planning Code (PAMPC).
Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless Peters Township, its departments, officials, officers, agents, employees and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of Peters Township, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.
The minimum lot shall be five acres.
The applicant shall provide the Township Zoning Officer a detailed description of the proposed use in each of the following topics:
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations;
The general scale of operation in terms of its market area, specific floor space requirements for each activity, the total number of employees of each shift, and an overall needed site size or area; and
Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, outdoor lighting, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
Retail sales shall not exceed 20% of the gross floor area.
Buffer Area A, as defined in § 440-505, shall be provided along all property lines adjoining a residential use or zoning classification.
A business established for the purposes of wholesale landscaping shall have one point of ingress and egress to a public road right-of-way. The point of ingress and egress shall be located in a manner that minimizes detrimental traffic impacts to both pedestrians and vehicular traffic.
Equipment storage shall be permitted to include man-operated or mechanical equipment or other machinery that is in operable condition. The storage of inoperable vehicles is prohibited for this use.
The storage of combustible materials shall be limited to 25 feet in height with available fire defense measures as approved by the Township Fire Marshal. The storage of noncombustible materials shall be limited to 30 feet in height in order to minimize:
Site grading shall be completed to ensure that surface runoff is directed away from any and all material storage areas.
The owner(s) and operator(s) of a wholesale landscaping service shall incorporate best management practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas (published by CH2MHill, 1998) to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
The minimum distance between buildings shall be 30 feet.
The maximum length of any building shall be no more than 200 feet.
Screen walls:
An eight-foot-high screen wall shall be constructed around the perimeter of a storage area if equipment and/or materials are not contained within an enclosed building/area. The screen wall shall be measured from the average grade of the adjacent ground, unless otherwise defined by the Township Planning Commission.
The screen wall shall be 80% opaque and composed of one of the following:
The landowner and/or developer shall provide evergreen plantings with a minimum height of eight feet in quantity and spacing as approved by the Township Planning Commission.
Excessive noise, dust, odor, vibration or light shall not be generated to disturb the surrounding neighborhood.
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be permitted, with the exception of gasoline, diesel fuel and oil for the operation and maintenance of motorized vehicles and equipment.
The ground surface of off-street parking shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.
The hours of operation for material pickups, delivery, outdoor processing and outdoor manufacturing operations shall be limited to 6:00 a.m. to 8:00 p.m.
No more than one sign shall be permitted; said sign shall be a ground or a wall sign.
Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.
Where a small wind facility is permitted as an accessory use, the following minimum standards shall apply:
The turbine shall be located on the same parcel or plot of land of record in which the principal use is located, with the exception that power lines or related equipment may be located on a neighboring parcel or plot of land of record, provided that it will comply with all applicable virtual net metering laws of the public utility provider.
The height of the turbine shall include the tower and the rotor at its point where a blade is directly perpendicular to the ground. The maximum height of the turbine shall be 60 feet from the finished grade.
Turbines must meet the setback requirements for accessory structures for the underlying zoning district. In addition, turbines shall be set back a horizontal distance equal to their height from any property line or residential dwelling, excluding any dwelling on the lot on which the turbine is located. No turbine shall be located between the principal structure on the property and the public street right-of-way. Additionally, all turbines must be set back sufficiently from any above-ground utility lines, radio, television, or telecommunication towers so as to present no danger to those lines or structures, as certified by the applicant's engineer. No portion of any accessory turbine shall extend over parking areas, access drives, driveways or sidewalks.
The minimum clearance between the lowest arc of the turbine blades and the ground shall be 15 feet. If the turbine model that is proposed is a vertical axis wind turbine (also referred to as a helix-type windmill or VAT), the height between the lowest point of the turbine and the ground may be reduced to eight feet.
If guy wire anchors are required, they shall be set back a minimum of 10 feet from any side and rear property lines.
All electric and utility lines associated with the turbine shall be buried underground.
All mechanical equipment associated with and necessary for the operation of the turbine, including any structure for batteries or storage cells, shall be screened from view with an enclosed six-foot-high fence or evergreen plantings of equal height. The evergreen plantings shall be of a type approved by the municipality and shall be planted to provide a full screen of the mechanical equipment. No noxious trees, plants or weeds shall be permitted to fulfill the screening requirements. The turbine tower shall also be enclosed within a six-foot-high fence unless the base of the turbine tower is not climbable for a distance of 12 feet. Any required fencing shall be made of wood, masonry, durable plastic or other decorative material approved by the Township. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings of equal or greater height than the fence.
The turbine shall not generate noise which exceeds 60 decibels at any property line.
The turbine shall be kept in good repair and sound condition. Upon abandonment of use, the turbine and all related structures shall be dismantled and removed from the lot within 60 days.
The co-location of wireless communication antennas on a turbine tower shall not be permitted.
Power generated by the turbine shall provide power only for the principal use which it services; any excess power generated by the turbine shall only be sold or acquired by a public utility in accordance with law or other governmental regulations.
The installation of the turbine shall meet all applicable requirements of the Uniform Construction Code (UCC).
No signage or advertising of any kind shall be utilized or attached to the turbine. This requirement shall not include the make and model description of the turbine, manufacturer's required hangtags or warning signs or other signage that is required by law.
No lighting, unless required by any FAA requirements, shall be utilized or attached to the turbine.
Turbines shall be a neutral, nonobtrusive color, such as white, off-white, gray, brown, black or other approved earth-tone shade, unless a specific color or color pattern is required by the FAA or other regulatory agency.
§ 440-602 Additional standards.
Any other additional standards that are needed to protect the public health, safety and welfare or to address unique characteristics of a particular lot defined by the Township Zoning Hearing Board shall be complied with by the land owner and/or developer.
§ 440-603 Wireless communications facilities.
[Added 11-9-2020 by Ord. No. 857]
A.
Short title. This section shall be known as the "Peters Township Wireless Communications Facilities Ordinance."
B.
Purpose and findings of fact.
(1)
The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Peters Township. While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
(2)
By enacting this section, the Township intends to:
(a)
Regulate the placement, construction and modification of wireless communications facilities to protect the safety and welfare of the public;
(b)
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;
(e)
Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;
(f)
Protect Township residents from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape;
(g)
Ensure that wireless communications facilities will be removed in the event that such structures are abandoned or become obsolete and are no longer necessary; and
(h)
Update the Township's wireless facilities regulations to incorporate changes in federal and state laws and regulations.
C.
D.
General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities:
(1)
Procedures.
(a)
Any applicant proposing construction of a new tower-based WCF outside the public rights-of-way shall submit plans to the Township for review by the Township staff and Planning Commissions and for approval by the Township Zoning Hearing Board in accordance with the requirements of § 440-903B, "Zoning Hearing Board duties, Special exception" of the Peters Township Code of Ordinances.
(b)
The applicant shall prove that it is licensed by the FCC to operate a tower-based WCF and that the proposed tower-based WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(2)
Timing of approval. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, including an application fee in an amount specified by the wireless fee schedule. If the Township receives an application for a tower-based WCF and such application is not fully completed, then the Township shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.
(3)
Prohibited in residential districts. No tower-based WCF shall be located within a residential district or within 200 feet of a lot in residential use or a residential district boundary.
(4)
Development regulations. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:
(a)
Permitted subject to regulations. Any tower-based WCF that is either not mounted on any existing structure or is more than 25 feet higher than the structure on which it is mounted is permitted in certain zoning districts as a special exception, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the Township. The Township Zoning Hearing Board may grant a special exception use after review of the Planning Commission and a public hearing before the Board. An applicant for a tower-based WCF must establish the following:
[2]
Coverage or capacity. An applicant for a tower-based WCF must demonstrate that a gap in wireless coverage or capacity exists and that the type of WCF and siting being proposed is the least intrusive means by which to fill the gap in wireless coverage or capacity. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs.
[3]
Co-location. That there is not suitable space on existing wireless service facilities or other wireless service facility sites or on other sufficient tall structure where the intended wireless service facility can be accommodated and function as required by its construction permit or license without unreasonable modification. The Township Zoning Hearing Board may deny any application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
[4]
Site plan. A full site plan which shall include:
[a]
Written authorization from the property owner of the proposed tower-based WCF site.
[b]
A site plan that is drawn to scale and shows the following features: property boundaries; any tower guy wire anchors and other apparatus; existing and proposed structures; scaled elevation view; access road(s) location and surface material; parking area; fences; location and content of (any or warning) signs; exterior lighting specifications; landscaping plan; land elevation contours; existing land uses surrounding the site; proposed transmission building and/or other accessory uses with details; elevations; and proposed use(s).
[c]
A written report including: information describing the tower height and design; a cross-section of the structure; engineering specifications detailing construction of tower, base and guy wire anchorage; information describing the proposed painting and lighting schemes; information describing the tower's capacity, including the number and type of antennas that it can accommodate; radio frequency coverage, including scatter plot analysis and the input parameters for the scatter plot analysis; all tower structure information to be certified by a licensed PE; and wireless telecommunications data to be certified by an appropriate wireless telecommunications professional.
[d]
All other uses ancillary to the tower-based WCF and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the tower-based WCF site unless otherwise permitted in the zoning district in which the tower-based WCF site is located.
(b)
Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.
(c)
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:
[1]
Existing use. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications facility.
[2]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
[3]
Minimum setbacks. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure and any property line or right-of-way line shall be the largest of the following:
(5)
Co-location.
(a)
An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building.
(b)
Any applicant proposing construction of a new tower-based WCF outside the rights-of-way shall demonstrate to the satisfaction of the Township Council, by written submission, that a good faith effort has been made to obtain permission to mount the tower-based WCF antenna on an existing building or structure. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter-mile radius of the proposed tower-based WCF site be contacted and that the applicant certifies in writing to the Township Zoning Hearing Board that one or more of the following reasons for not selecting such structure apply:
[1]
The proposed WCF and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at reasonable cost;
[2]
The proposed WCF and related equipment would cause radio frequency interference with other existing equipment for that existing structure, and the interference cannot be prevented at reasonable cost;
[3]
Such existing structure does not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function; and/or
[4]
A commercially reasonable agreement cannot be reached with the owner(s) of such structure.
(6)
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(7)
Wind and ice. Any tower-based WCF structures shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(8)
Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. In no case shall a WCF exceed a maximum height of 200 feet.
(9)
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(10)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(d)
The Township reserves the authority to require the repainting of all tower-based facilities where the painting of such facilities is not regularly maintained.
(11)
Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township on an annual basis. A tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.
(12)
Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on an historic register or is located in an historic district.
(13)
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency.
(14)
Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(15)
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(16)
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(17)
Inspection. No later than December of each odd-numbered year, the owner of the tower-based WCF shall have said WCF structure inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of tower-based WCFs and has demonstrated his/her expertise to the satisfaction of the Township. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the Township by March 1 following the inspection. Any repairs advised by the report shall be effected by the owner within 60 calendar days after the report is filed with the Township.
(18)
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all reasonable costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(19)
Nonconforming uses. Nonconforming tower-based WCFs, which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.
(20)
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(c)
Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.
(21)
Siting. No tower-based wireless communications facility shall be located, in whole or in part, within the right-of-way.
(22)
Notice. No later than 30 days following the submission of an application for a tower-based WCF and the scheduling of the public hearing (if required), the applicant shall mail notice to all owners of every property within a five-hundred-foot radius of the proposed wireless communications facility. The applicant shall provide proof of mailing of the notification to the Township within 15 days of completion.
(23)
Eligible facilities request.
(a)
Tower-based WCF applicants proposing a modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township.
(24)
Design regulations.
(a)
Any height extensions to an existing tower-based WCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.
(b)
The tower-based WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(c)
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the tower-based WCF applicant's antennas and comparable antennas for future users.
(d)
All utilities that are extended to the site of the tower-based WCF shall be placed underground.
(25)
Surrounding environs.
(a)
The tower-based WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower-based WCF structure shall be preserved to the maximum extent possible.
(b)
The tower-based WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(26)
Fence/screen.
(a)
A security fence having a maximum height of eight feet, and a minimum height of six feet, shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.
(b)
The security fence shall be a privacy-style fence in nature and shall not include any razor wire or anti-climbing elements along the top.
(c)
An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
(d)
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(27)
Accessory equipment.
(a)
Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.
(b)
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(28)
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
(29)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width, and the access shall be paved to a width of at least 10 feet throughout its entire length.
(30)
Bond. Prior to the issuance of a permit, the owner of a tower-based WCF outside the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Township Solicitor, in an amount of $75,000 to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility.
(31)
Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.
(32)
Inspection by Township. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
E.
Regulations applicable to all nontower wireless facilities. The following regulations shall apply to all nontower wireless communications facilities:
(1)
Procedures.
(a)
Any applicant proposing a nontower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the nontower WCF will be mounted on the structure, for administrative review and approval by the Township Planning Department for the issuance of a building permit enumerated at Part II, Chapter 440, Part 10, § 440-1013, Building permit.
(b)
The applicant shall prove that it is licensed by the FCC to operate a nontower WCF and that the proposed nontower WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(2)
Prohibited in residential districts. No nontower WCF shall be located within a residential district or within 200 feet of a lot in residential use or a residential district boundary.
(3)
Development regulations. Nontower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs subject to the following conditions:
(a)
Permitted subject to regulations. Nontower WCFs are permitted outside the public rights-of-way in certain zoning districts as a conditional use subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the Township.
(b)
Review. The Township Council may grant a conditional use after review of the Planning Commission and a public hearing before the Township Council.
(c)
Height. Such nontower WCF shall not exceed the maximum height permitted in the applicable zoning district.
(d)
Equipment building. If the nontower WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(e)
Fencing. A security fence with a maximum height of eight feet, and a minimum height of six feet, shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use. The security fence shall be of a privacy-style fence in nature and shall not include any razor wire or anticlimbing elements along the top.
(4)
Eligible facilities request.
(a)
Nontower WCF applicants proposing a modification to an existing nontower WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township Planning Department.
(5)
Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any nontower WCF based upon visual and/or land use impact.
(6)
Historic buildings. Nontower WCFs may not be located on a building or structure that is listed on an historic register or is located in an historic district.
(7)
Timing of approval. All applications for nontower WCFs shall be acted upon by the Township within 90 days of the receipt of a fully completed application for the approval of such WCF, including an application fee in an amount specified by the wireless fee schedule. If the Township receives an application for a nontower WCF and such application is not fully completed, then the Township shall promptly notify the applicant that the application is not complete, and the time for the approval of such application shall not commence until a fully completed application is received by the Township.
(8)
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all reasonable costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(9)
Bond. Prior to the issuance of a permit, the owner of a nontower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in an amount of $25,000 to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township and maintain the bond for the life of the respective facility.
(10)
Design regulations.
(a)
Nontower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(b)
Nontower WCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the nontower WCF applicant obtains a variance.
(c)
All nontower WCF applicants must submit documentation to the Township justifying the total height of the nontower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
(d)
Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension that is reasonably necessary for their proper functioning.
(11)
Standard of care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(12)
Wind. Any nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(13)
Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(14)
Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such nontower WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township on an annual basis. A nontower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any nontower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.
(15)
Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(16)
Inspection by Township. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(17)
Maintenance. The following maintenance requirements shall apply:
(a)
The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(18)
Upgrade, replacement, modification.
(a)
The removal and replacement of nontower WCFs and/or accessory equipment for the purpose of upgrading, replacing, modifying, or repairing the WCF is permitted, so long as such upgrade, replacement, modification, or repair does not increase the overall size of the WCF or the numbers of antennas.
(b)
Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.
(19)
Removal. In the event that use of a nontower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
F.
Regulations applicable to all small wireless communications facilities. The following regulations shall apply to small wireless communications facilities:
(1)
Development regulations.
(a)
Small WCFs are required to obtain a building permit from the Township Planning Department in all Township zoning districts, subject to the requirements of this section and generally applicable permitting as required by the Township Code.
(b)
Small WCFs located within districts that require utilities to be located underground shall be co-located on existing or replacement wireless support structures. No new wireless support structure may be installed for the purpose of supporting a small WCF within districts that require utilities to be located underground.
(c)
Small WCFs in the public ROW requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit.
(2)
Procedures.
(a)
Any applicant proposing a small WCF shall submit an application for review by the Township Planning Department.
(b)
The applicant shall prove that it is licensed by the FCC to operate a small WCF and that the proposed small WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(3)
Timing of approval.
(a)
Within 10 calendar days of the date that an application for a small WCF is filed with the Township Planning Department, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application.
(b)
Within 60 days of receipt of an application for co-location of a small WCF on a preexisting wireless support structure, the Township Planning Department shall make a final decision on whether to approve the building permit application and shall notify the WCF applicant in writing of such decision.
(c)
Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Township Planning Department shall make a final decision on whether to approve the building permit application and shall notify the WCF applicant in writing of such decision.
(4)
Eligible facilities request.
(a)
Small WCF applicants proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from Peters Township.
(b)
In order to be considered for such permit, the small WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.
(5)
Nonconforming wireless support structures. Small WCFs shall be permitted to co-locate upon nonconforming tower-based WCFs and other nonconforming structures. Co-location of WCF upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
(6)
Application fees. The Township may assess appropriate and reasonable application fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the wireless fee schedule.
(7)
Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania UCC, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(8)
Historic buildings. No small WCF may be located within 100 feet of any property, or on a building or structure, that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.
(9)
Wind and ice. All small WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry standard applicable to the structure.
(10)
Radio frequency emissions. No small WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such small WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township on an annual basis. A small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.
(11)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
(12)
Accessory equipment. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.
(13)
Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 10 days of notification by the Township.
(14)
Design standards. All small WCFs in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual, a copy of which is on file with Peters Township.
(15)
Co-location. An application for a new small WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(16)
Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement; or
(d)
An emergency as determined by the Township.
(17)
Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township, in an amount specified by the wireless fee schedule, to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
G.
Violations applicable to all wireless facilities.
(1)
Penalties. Any person violating any provision of this section shall be subject, upon finding by a magisterial district judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.
(2)
Determination of violation. In the event a determination is made that a person has violated any provision of this section, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.
H.
Insurance and indemnification of wireless communications facilities.
(1)
Insurance. Each person that owns or operates a wireless facility is required to purchase and maintain general liability insurance and property damage insurance, as specified herein:
(a)
Each person that owns or operates a tower-based WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.
(b)
Each person that owns or operates a nontower WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the nontower WCF.
(c)
Each person that owns or operates a small WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the small WCF.
(2)
Indemnification. Each person that owns or operates a tower-based WCF, a nontower WCF, or a small WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a tower-based WCF, a nontower WCF, or a small WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
I.
Miscellaneous.
(1)
Police powers. The Township, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.
(2)
Severability. If any section, subsection, sentence, clause, phrase or word of this section is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this chapter invalid.
(3)
Effective date. This section shall become effective five days after enactment by the Peters Township Council.