Potter Township City Zoning Code
ARTICLE III
Permitted, Conditional, and Special Exception Uses
§ 210-22 Permitted uses, conditional uses, and special exceptions.
The permitted uses, conditional uses, and special exceptions for each district are shown in §§ 210-15 through 210-20 and are considered principal uses unless clearly noted. Uses in each category shall be according to the common meaning of the term or according to definitions set forth in Article VIII. Only one principal use per lot in the R District will be allowed, except for agricultural operations or related businesses.
§ 210-23 Criteria for permitted uses with conditions, conditional uses, and special exceptions.
The criteria for certain permitted uses with conditions, conditional uses, special exceptions and variances are listed below herein. In addition to these criteria, the Zoning Hearing Board and the Board of Supervisors, as advised by the Planning Commission, in considering these uses, are charged with considering the effect that such proposed uses will have upon the immediate neighborhood. In granting a special exception, variance or conditional use, the Zoning Hearing Board or Board of Supervisors (as appropriate) may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter. Permitted uses that have conditions attached thereto will be granted or denied by the Zoning Officer based upon the criteria set forth in this section as well as other appropriate sections of this chapter.
§ 210-24 Public utility substations/facilities.
Such uses are permitted, with conditions, to allow public utilities to adequately service the Township. They shall include small structures and aboveground facilities, such as vent pipes.
A.
They shall be screened to present a minimum intrusion upon the neighborhood.
B.
They shall be enclosed by a security fence of no less than eight feet, notwithstanding any other provision of this chapter.
C.
No visible outdoor storage shall be permitted of equipment or vehicles other than on a temporary basis.
D.
Such uses shall be exempt from lot and yard requirements.
§ 210-25 Home occupations/no-impact home-based businesses.
A.
The total amount of floor area of all buildings used for a home occupation shall not be greater than 25% of the total floor area of the principal dwelling unit. The use of an accessory structure up to 1,000 square feet is allowed.
B.
No changes shall be made to alter the residential character of the exterior of the building.
C.
No signs, other than those authorized under this chapter, shall be permitted on the lot. There shall be no visible exterior display, no visible exterior sign other than permitted by this chapter, no visible exterior storage of materials, and no visible exterior indication of the home occupation or variation from the residential character of the principal structure.
D.
No off-street parking provided for a home occupation shall be located within the front yard setback. All parking shall be a minimum of 10 feet from all property lines. Parking areas shall be screened by a compact evergreen hedge or solid fence at least four feet in height.
E.
Home occupations shall not produce excessive noise, vibration, glare, fumes, odors, dust or electrical interference with neighbors' radio and television receivers.
F.
The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.
G.
The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal service beyond that which is normal for the residences in the neighborhood.
H.
A limited number of samples of articles produced on the premises may be displayed for the purposes of accepting orders. Articles produced on the premises shall be displayed in quantity only off the premises at a retail outlet, consignment shop or product or craft show.
I.
A zoning permit issued by the Zoning Officer of Potter Township shall be required for all new accessory home occupations and for changes and expansions of accessory home occupations.
J.
Business or professional offices, when conducted as a home occupation, shall have no more than two on-site employees. The occupation must be carried on by a member of the family residing in the dwelling unit.
K.
The following are examples of permitted home occupations, provided all of the foregoing criteria are met:
(1)
Artist, photographer or handicrafts studio.
(2)
Beauty shop or barbershop containing no more than two chairs.
(3)
Catering off the premises.
(4)
Computer programmer, data processor, writer.
(5)
Consultant, clergy, counselor, bookkeeping, graphics or drafting services.
(6)
Dressmaker, tailor.
(7)
Business or professional offices that involve routine visitation by customers or clients.
(8)
Housekeeping or custodial services.
(9)
Interior designer.
(10)
Jewelry and/or watch repair, not including wholesale or retail sales.
(11)
Locksmith.
(12)
Mail-order business.
(13)
Manufacturer's representative.
(14)
Repair shop - small appliance, but not vehicle repair.
(15)
Telemarketing.
(16)
Travel agent.
(17)
Tutoring or any other instruction to no more than four students at any one time.
(18)
Word processing, typing, secretarial services.
(19)
Professional offices of physicians, dentists, lawyers, engineers, architects, accountants, real estate offices, insurance offices.
(20)
Motor repair service, woodworking, gunsmiths (not gun sales).
(21)
Farrier.
L.
The acceptability of any proposed home occupation/no-impact home-based business not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this chapter.
M.
A home occupation/no-impact home-based business shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes.
N.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
§ 210-26 Schools, hospitals, clinics for humans, and nursing homes.
A.
They shall provide all parking and loading/unloading requirements as required by this chapter.
B.
They shall be located on a public street with a paved cartway.
C.
All parking and recreation/play areas, which abut residential uses, shall be appropriately screened. (See definition of "screening.")
D.
Any outdoor lighting shall use fully shielded fixtures.
E.
All necessary licenses or permits issued by county, state, or federal agencies shall be presented, and these required licenses, certificates, or permits shall be a condition for final zoning approval.
F.
Lot size shall be at least two acres.
G.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
§ 210-27 Bed-and-breakfast inns.
Such uses are intended to provide overnight or short-term (not more than two weeks) accommodations for transient guests in a home-like atmosphere. They must meet the following regulations:
A.
All signs shall conform to this chapter.
B.
No more than five guest rooms are permitted.
C.
One off-street parking space for each guest room shall be required. Parking shall be on lot.
D.
The only meal served shall be breakfast, and that shall only be provided to guests staying therein.
E.
The facility shall comply with all laws and regulations regarding such facilities.
F.
The facility shall be owner-occupied.
§ 210-28 Funeral homes.
Funeral homes shall meet the following criteria:
§ 210-29 Rooming/boarding homes.
§ 210-30 Personal care homes for adults and adult day care.
The purpose of such homes is to provide residences for individuals in a home-like setting. Consequently, it is essential to maintain an exterior appearance that is in harmony with surrounding residential uses. In addition, such uses shall meet the following conditions:
A.
Signs or exterior displays indicating the name of the home or its use shall not exceed that allowed by this chapter.
B.
At least one additional on-lot parking space shall be provided for each two guests for facilities offering overnight or long-term accommodations.
C.
No home shall have more than six guests/clients at any one time.
D.
The applicant shall identify the type of home and present any required county and/or commonwealth certifications or licenses.
§ 210-31 Car washes.
Car washes are subject to the following express standards and criteria:
A.
All drainage water from car-washing operations shall be contained on site, so as to not become a nuisance or hazard to adjoining properties, berms, roadways or waterways.
B.
All property lines adjoining a residential use or zoning classification shall be screened by a buffer area, as defined by this chapter, which is at least 10 feet in depth, measured from the property line.
C.
Outdoor areas for parking and queuing shall be maintained with a mud-free surface, off the public right-of-way, and shall be kept free of debris and obstruction.
E.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
§ 210-32 Self-storage facilities.
These uses shall:
A.
Provide screened planting along side and rear yards of 10 feet when adjacent to any portion of a Residential District or use.
B.
Any lighting shall be fully shielded and directed away from any portion of a Residential District or residential use.
C.
Any fencing along boundaries with a Residential District or a residential use shall be set back at least six feet from the property line.
§ 210-33 Restaurants with golf courses or country clubs.
§ 210-34 Wireless communications facilities, antennas, equipment buildings and towers.
A.
Purposes and findings of fact. The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Potter 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. This section will:
(1)
Promote the health, safety and welfare of Township residents and businesses with respect to wireless communications facilities;
(2)
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;
(3)
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;
(4)
Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, cable wi-fi and other wireless communications facilities;
(5)
Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;
(6)
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; and
(7)
Update the Township's wireless facilities regulations to incorporate changes in federal and state laws and regulations.
B. ANTENNA CO-LOCATION COMMUNICATIONS ANTENNA COMMUNICATIONS EQUIPMENT BUILDING COMMUNICATIONS FACILITY COMMUNICATIONS TOWER DISTRIBUTED ANTENNA SYSTEM (DAS) EMERGENCY FCC HEIGHT OF A TELECOMMUNICATIONS TOWER MONOPOLE NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF) PERSONS RIGHT-OF-WAY or ROW STEALTH TECHNOLOGY SUBSTANTIALLY CHANGE(1) (2) TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF) TOWNSHIP WIRELESS WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT) WIRELESS COMMUNICATIONS FACILITY (WCF) WIRELESS SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
The mounting of one or more WCFs, including antennas, on an existing tower-based WCF utility or light pole; siting multiple similar or different antennas, fixed-point microwave dishes and cellular communications antennas on a single communications tower or mounted on the roof of an existing building or other existing structure as is technically and/or structurally feasible. Co-location/shared-use communications facilities shall not be constructed to be within the definition of "public utility" contained in this section.
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizens band radio antennas.
An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 375 square feet.
The equipment and structures (including, but not limited to, communications towers, antennas, and telecommunications equipment building) involved in the reception and/or transmission of electromagnetic or radio waves. Communications facilities shall not be construed to be within the definition of a "public utility" contained in this section.
A structure other than a building, such as a monopole or self-supporting or guyed tower, designed and used to support communications antennas.
A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
A condition that:
The Federal Communications Commission.
The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
All non-tower wireless communications facilities, including, but not limited to, antennas and related equipment. Non-tower WCFs shall not include support structures for antennas and related equipment.
Individuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited liability companies, corporations and other entities established or doing business pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Township or to any department or agency of the Township.
The surface of and space above and below any real property in the Township in which the Township, Beaver County or the commonwealth has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township, Beaver County or the commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township, Beaver County or the commonwealth. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flagpoles and light poles.
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.
The Township of Potter, Beaver County, Pennsylvania.
Transmissions through the airwaves, including, but not limited to, infrared line-of-sight, cellular, PCS, microwave, satellite, or radio signals.
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public ROW or other Township-owned land or property.
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.
C.
General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities:
(1)
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.
(2)
Height. Any tower-based WCF shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township evidencing the total height of the structure; provided, however, that such height may be increased to no more than 200 feet, provided the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet.
(3)
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.
(4)
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.
(5)
Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as an historic structure or has been designated as being of historic significance.
(6)
Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township.
(7)
Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law and as may be approved by the Township. 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.
(8)
Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.
(9)
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.
(10)
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 costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(11)
Timing of approval. Within 60 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. 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, and the Township shall advise the applicant in writing of its decision. If additional information is requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.
(12)
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 within one year but must otherwise comply with the terms and conditions of this section.
(13)
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.
(14)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.
D.
Tower-based facilities outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
(1)
Development regulations.
(a)
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. 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.
(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]
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. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based WCF shall be located within 500 feet of a lot in residential use or a residential district boundary.
(2)
Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.
(3)
Co-location. 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. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-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.
(4)
Design regulations.
(a)
The 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.
(b)
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.
(c)
Any proposed tower-based WCF shall be designed structurally, electrically, technologically and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(5)
Fence/screen.
(a)
A security fence having a maximum height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.
(b)
An evergreen screen that consists of a hedge or a row of evergreen trees shall be located along the perimeter of the security fence.
(c)
The WCF applicant shall submit a landscape plan for review and approval by the Township Planning Commission for all proposed screening.
(6)
Accessory equipment.
(a)
Ground-mounted equipment associated with, or connected to, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be 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.
(7)
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 economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
(8)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. 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.
(9)
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.
(10)
Inspection. 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 and landowner, to ensure such compliance.
E.
Tower-based facilities in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:
(1)
Gap in coverage. An applicant for a tower-based WCF mast demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. 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 in the ROW.
(2)
Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.
(3)
Co-location. An application for a new tower-based 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 tower-based 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.
(4)
Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb or, in the absence of a curb, the edge of the pavement.
(b)
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
(5)
Design regulations.
(a)
The 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.
(b)
Any height extensions to an existing tower-based WCF shall require prior approval of the Township and shall not increase the overall height of the tower-based WCF to more than 150 feet. 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.
(c)
Any proposed tower-based WCF shall be designed structurally, electrically, technologically and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(6)
Visual or land use impact. The Township reserves the right to deny the construction or placement of any tower-based WCF in the ROW based upon visual and/or land use impact.
(7)
Additional antennas. As a condition of approval for all tower-based WCFs in the ROW, 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 economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
(8)
Relocation or removal of facilities. Within 60 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 tower-based 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.
(9)
Compensation for ROW use. In addition to permit fees as described above, every tower-based WCF in the ROW is subject to the Township's right to fix annually by resolution a fair and reasonable compensation 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 tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of the Township and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.
(10)
Bond. Prior to the issuance of a permit, the owner of a tower-based WCF in the ROW shall, at its own cost and expense, obtain and maintain from a surety licensed to do business in Pennsylvania a bond, or other form of security acceptable to the Township Solicitor, in an amount of $100,000, 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.
F.
General requirements for all non-tower wireless communications facilities.
(1)
The following regulations shall apply to all non-tower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
(a)
Permitted in certain zones subject to regulations. Non-tower WCFs are permitted in certain zoning districts, subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(b)
Notice. Upon receipt of an application for any non-tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.
(c)
Standard of care. Any non-tower 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 Electric Code. Any WCF shall 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.
(d)
Removal. In the event that use of a non-tower 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:
[1]
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.
[2]
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.
(e)
Timing of approval. Within 60 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
(f)
Permit fees. The Township may, by resolution, assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF.
(2)
The following regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached:
(a)
Permitted in certain zones subject to regulations. Non-tower WCFs are permitted in certain zoning districts, subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(b)
Notice. Upon receipt of an application for any non-tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.
(c)
Standard of care. Any non-tower 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.
(d)
Historic buildings. Non-tower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as an historic structure or has been designated as being of historic significance in the Potter Township Comprehensive Plan.
(e)
Maintenance. The following maintenance requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
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.
[3]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(f)
Removal. In the event that use of a non-tower 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:
[1]
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.
[2]
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.
(g)
Timing of approval. Within 60 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
(h)
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 costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(i)
Permit fees. The Township may assess, by resolution, appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.
G.
Non-tower wireless facilities outside the rights-of-way.
(1)
The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:
(a)
Development regulations. Non-tower WCFs shall be co-located on existing structures such as existing buildings or tower-based WCFs, subject to the following conditions:
[1]
Such WCF does not exceed a maximum height of 150 feet.
[2]
If the 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.
[3]
A six-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulation on the site for the principal use.
(b)
Design regulations.
[1]
Non-tower 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.
[2]
Non-tower 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 WCF applicant obtains a conditional use approval.
[3]
All non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
[4]
Noncommercial usage exemption. The design regulations enumerated in this section shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.
(c)
Removal; replacement; modification.
[1]
The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the number of antennas.
[2]
Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.
(d)
Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.
(e)
Inspection. 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 and landowner, to ensure such compliance.
H.
Non-tower wireless facilities in the rights-of-way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:
(1)
Co-location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.
(2)
Design requirements.
(a)
WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b)
Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3)
Compensation for ROW use. In addition to permit fees as described above, every non-tower WCF in the ROW is subject to the Township's right to fix annually, by resolution, a fair and reasonable compensation 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 non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.
(4)
Equipment location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW, as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb or, in the absence of a curb, the edge of the pavement.
(b)
Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer, that ground-mounted equipment cannot be undergrounded, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(e)
Any underground vaults related to non-tower WCFs shall be reviewed and approved by the Township.
(5)
Relocation or removal of facilities. Within 60 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 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 have determined 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.
(6)
Visual or land use impact. The Township retains the right to deny an application for the construction or placement of a non-tower WCF based upon visual and/or land use impact.
(7)
Bond. Prior to the issuance of a permit, the owner of each individual non-tower WCF shall, at its own cost and expense, obtain and maintain from a surety licensed to do business in Pennsylvania a bond, or other form of security acceptable to the Township Solicitor, in an amount of $25,000, for each individual non-tower WCF, 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.
I.
Miscellaneous.
(1)
Police powers. The Township, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.
J.
Communications antennas and equipment buildings.
(1)
Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling. Any applicant proposing communications antennas to be mounted on a building or other structure shall submit documentation from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(2)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
(3)
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township.
K.
Communications towers. Applications for communication towers shall comply with the following requirements.
(1)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
(2)
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(3)
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable Airport Zoning Regulations.
(4)
Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed.
(5)
The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any residential district at least 100 feet and in any other district shall be set back from a property line (not lease line) at least 50 feet.
(6)
The base of a communications tower shall be landscaped so as to screen the foundation, base and communications equipment building from abutting properties.
(7)
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Township's Building Code (the UCC).
(8)
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence, covering the communications tower and communications antennas.
(9)
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure. The site of a communications tower shall be secured by a fence with a minimum height of eight feet to limit accessibility by the general public. At least one off-street parking space shall be provided within the fenced area.
(10)
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction.
§ 210-35 Day-care facilities, all types.
The purpose of this section is to set forth standards for the three types of day care covered by this chapter (see definition section also[1]).
A.
Family day-care homes.
(1)
Such operations must obtain and maintain any permits/certificates required by the Commonwealth of Pennsylvania and Beaver County.
(2)
Hours of operation shall not begin before 6:00 a.m. nor extend beyond 8:00 p.m. (prevailing time).
(3)
At least two additional parking spaces shall be required plus those required for the dwelling or other use.
(4)
The number of residents shall be limited to five.
B.
Group day-care homes.
(1)
Such operations must obtain and maintain any permits/certificates as required by the Commonwealth of Pennsylvania.
(2)
Hours of operation shall not begin before 6:00 a.m. nor extend beyond 8:00 p.m. (prevailing time).
(3)
Outdoor recreation areas shall be effectively screened from nearby residential uses.
(4)
At least two additional parking places shall be required plus those required for the dwelling or other use.
(5)
The operator shall demonstrate how residents shall be dropped off and picked up considering their safety and the safety of other pedestrian and vehicular traffic in the area.
(6)
The number of residents shall be limited to 10.
C.
Child day-care center.
(1)
Outdoor play areas shall be effectively screened from nearby residential uses and secured by a fence with a minimum height of six feet to limit accessibility by the general public.
(2)
The developer shall demonstrate how vehicular and pedestrian pickup and dropoff shall occur in a safe manner.
(3)
One parking space for each employee shall be required, in addition to at least four for guardians and/or guests.
(4)
Such facilities must obtain and maintain any permits/licenses required by the Commonwealth of Pennsylvania.
(5)
Commonwealth requirements regarding the permitted number of children shall be followed.
§ 210-36 Restaurants, bars or taverns; private clubs.
A.
They shall present evidence that water and sanitary sewer facilities have been approved by the Pennsylvania Department of Environmental Protection (DEP) and the Township sewage enforcement officer (SEO).
B.
They shall present proof that approval by the Pennsylvania Department of Labor and Industry and any other mandated commonwealth permits have been secured prior to occupancy.
C.
They shall have a lot size of at least two acres.
D.
They shall provide screening for rear and side yards.
E.
All parking shall be on lot, with a mud-free surface.
F.
All lighting shall be fully shielded.
G.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
§ 210-37 Convenience stores.
A.
Gasoline pumps shall be located no closer than 30 feet to any property line.
B.
No vehicle will be parked or stored along the front lot line except on a short-term basis (less than 12 hours).
C.
Any lot line abutting a residential use or district shall provide appropriate screening. Such screening shall be at least 10 feet wide.
D.
The nearest point of canopy structures shielding gasoline pumps shall be no closer than 20 feet from the front lot line and 20 feet from each side lot line.
F.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
§ 210-38 Hotels/motels.
Such uses shall:
A.
Present proof that all plans for the construction of buildings and facilities have been approved pursuant to the Township's Building Code (the UCC).
B.
Have a lot size of at least two acres.
C.
All rear and side property lines shall be screened as defined by this chapter.
D.
Present evidence that water and sanitary sewer facilities have been approved by the Pennsylvania Department of Environmental Protection (DEP) and the Township sewage enforcement officer (SEO).
E.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
§ 210-39 Outdoor commercial recreation.
These uses shall adhere to the following standards:
A.
All lighting shall be fully shielded fixtures.
B.
A landscaped screening 10 feet in width shall be provided on all side and rear lot lines that abut residential uses or districts. The screening shall provide an effective light screen. Paintball, motocross, and any type of motorized racing facilities will require landscaped screening of 75 feet in depth from any area where active paintball or racing activities will take place.
C.
Lot sizes shall be at least five acres for all uses; except paintball, motocross, commercial shooting ranges, and any type of motorized racing facilities, then uses shall have a lot area of at least 20 acres in size.
D.
The hours of operation shall be between 8:00 a.m. and 9:00 p.m., prevailing time.
E.
Commercial shooting ranges shall illustrate that the design and direction of all firing lanes shall not present a danger to public health and safety. The developer shall show adherence to best design practices, such as the National Rifle Association's NRA Range Source Book, to ensure safety.
F.
Noise. The applicant shall take the following steps to minimize, to the extent possible, noise resulting from the activity:
(1)
Prior to commencing the activity, the applicant shall establish, by generally accepted testing procedures, the continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public facility, or 100 feet from the nearest residence or public building, medical, emergency or other public facility, whichever point is closer to the affected residence or public building, school medical, emergency or other public facility. In lieu of the establishment of the ambient noise level established by the continuous seventy-two-hour test, the applicant may assume and use, for the purpose of compliance with this chapter, a default ambient noise level of 55 dBA. The sound-level meter used in conducting any evaluation shall meet the American National Standards Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(2)
The applicant shall provide the Township documentation of the established ambient noise level prior to starting the activity.
(3)
The noise generated during the activity shall not exceed the average ambient noise level established in Subsection F(2) by more than 10 decibels.
(4)
Effective sound-mitigation devices shall be installed to address sound levels that would otherwise exceed the noise level standards when located near a residence, public building, school, medical, emergency or other public facility.
(5)
Exemption from the standards established in this section may be granted by the Township for good cause shown and upon written agreement between the applicant and the Township.
(6)
Complaints received by the Township shall be addressed by the applicant, within 24 hours following receipt of notification, by continuously monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency or other public facility, whichever is closer. The applicant shall report the findings to the Township and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.
§ 210-40 Oil and gas wells and facilities.
A.
Purpose. The purpose of this section is to provide for the health, safety and welfare of the residents of Potter Township, through zoning and floodplain management provisions, for the reasonable development of land for oil and gas drilling while providing adequate health, safety and general welfare protections of the Township's residents. Oil and gas exploration, drilling and extraction operations involve activities that are economically important and will impact the Township. Accordingly, it is necessary and appropriate to adopt reasonable requirements for oil and gas resource development so that these resources can be obtained in a manner that is economically remunerative and that minimizes the potential impact on the residents of the Township.
B. APPLICANT BUILDING COLLECTOR STREET DEPARTMENT DERRICK DRILLING PAD FRACKING LOCAL STREET NATURAL GAS COMPRESSOR STATION NATURAL GAS PROCESSING PLANT OIL AND GAS OIL AND GAS DEVELOPMENT or DEVELOPMENT OIL OR GAS FACILITY OIL OR GAS WELL OIL OR GAS WELL SITE OPERATOR OWNER STORAGE WELL
Definitions. The foregoing definitions shall apply to this section only:
Any person, owner, operator, partnership, company, corporation and its subcontractors and agents, who has an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas.
An occupied structure with walls and roof in which persons live or customarily work. The term shall not include a barn, shed or other storage building.
A public street or road which, in addition to providing access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial streets.
The Department of Environmental Protection of the commonwealth.
Any portable framework, tower mast and/or structure which is required or used in connection with drilling or reworking a well for the production of oil or gas.
The area of surface operations surrounding the surface location of a well or wells. Such area shall not include an access road to the drilling pad.
The process of injecting water, customized fluids, sand, steam, or gas into a gas well under pressure to improve gas recovery.
A public street or road designed to provide access to abutting lots and to discourage through traffic.
A facility designed and constructed to compress natural gas that originates from a gas well or collection of such wells operating as a midstream facility for delivery of gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling an oil or gas well.
The well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures, whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas. The definition does not include natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions.
Any facility and/or structure used for, or in connection with, the production, processing or transmitting of natural gas, oil, or allied products or substances, and the injection of same into the ground for storage or disposal, not including industrial facilities such as cracking plants, large oil storage facilities and heavy industrial operations and facilities.
A pierced or bored hole drilled or being drilled in the ground for the purpose of, or to be used for, producing, extracting or injecting gas, oil, petroleum or another liquid related to oil or gas production or storage, including brine disposal.
The location where facilities, structures, materials and equipment, whether temporary or permanent, necessary for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well are located. This definition also includes exploratory wells.
The person designated as the well operator on the permit application or well registration.
A person who owns, manages, leases, controls or possesses an oil or gas well.
A well used for and in connection with the underground storage of natural gas, including injection into or withdrawal from an underground storage reservoir for monitoring or observation of reservoir pressure.
C.
Zoning classifications. Subject to the provisions of this chapter:
(1)
An oil or gas well site shall be considered a principal use by right within all zoning districts.
(2)
A natural gas compressor station or a natural gas processing plant or any similar facilities performing the equivalent functions which would be located less than 1,000 feet from any preexisting building which is located off the property where the natural gas compressor station or the natural gas processing plant or similar facility is located may be permitted only in the Industrial or Mixed Use Districts as a conditional use. Otherwise, such siting and/or use shall be prohibited in Residential, Office Industrial Park and Natural Heritage Districts.
D.
Applicability.
(1)
This chapter applies to all oil and gas well sites, natural gas compressor stations, and natural gas processing plants that will be permitted or constructed after the effective date of this chapter.
(2)
Oil and gas well sites, natural gas compressor stations, and natural gas processing plants that were permitted or constructed prior to the adoption of this chapter shall not be required to meet the requirements of this chapter, provided that any modification to an existing or permitted oil or gas well site that occurs after the effective date of this chapter and materially alters the size, type, location, number of wells and other accessory equipment or structures, or any physical modifications to an existing natural gas compressor station or natural gas processing plant, shall require compliance with and a permit under this chapter.
(3)
Certain federal and/or state laws or regulations preempt ordinance requirements that conflict with same. Potter Township acknowledges that it is preempted from regulating the operational methods of the oil and gas industry and may only regulate land uses.
E.
Permit requirement.
(1)
No oil or gas well site, natural gas compressor station, or natural gas processing plant or an addition to an existing oil or gas well site, natural gas compressor station, or natural gas processing plant shall be constructed or located within Potter Township unless a permit has been issued by the Township to the owner or operator approving the construction or preparation of the site for oil or gas development or construction of natural gas compressor stations or natural gas processing plants.
(2)
The permit application, or amended permit application, shall be accompanied by a fee as established in the Township's schedule of fees.
(3)
Any modification to an existing and permitted oil or gas well site that materially alters the size, location, number of wells or accessory equipment or structures, or any modification to an existing natural gas compressor station or natural gas processing plant, shall require a modification of the permit under this chapter. Like-kind replacements shall not require a permit modification.
F.
Preapplication conferences.
(1)
Purpose.
(a)
Before submitting an application, the applicant is strongly encouraged to meet with the Township staff to determine the requirements of and the procedural steps and timing of the application. The intent of this process is for the applicant to obtain necessary information and guidance form the Township staff before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation.
(2)
Process.
(a)
A preapplication conference is voluntary on the part of the applicant and shall not be deemed the beginning of the time period for review as prescribed by law. The preapplication conferences are intended for the benefit of the applicant in order to address the required permit submittals and are advisory only, and shall not bind the Township to approve any application for a permit or to act within any time limit relative to the date of such conference.
G.
Permit application.
(1)
The applicant shall provide to the Township at the time of permit application:
(a)
A narrative describing an overview of the project, including the number of acres to be involved, the number of wells to be drilled, and the location, number and description of equipment and structures to the extent known.
(b)
A narrative describing an overview of the project as it relates to natural gas compressor stations or natural gas processing plants.
(c)
The address of the oil or gas well site, natural gas compressor station or natural gas processing plant as determined by the Township or county for information of emergency responders.
(d)
The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site shall be provided to the Township and all emergency responders. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Township and all emergency providers.
(e)
A location map of the oil or gas well site showing the approximate location of derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any post-construction surface disturbance in relation to natural and other surroundings. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment used in the transportation of personnel and/or development and use of the site. Such location shall be configured to allow the normal flow of traffic on public streets to be undisturbed.
(f)
A location map of the natural gas compressor station or natural gas processing plant, including any equipment and structures and all permanent improvements to the site.
(g)
A narrative and map describing the manner and routes for the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the siting, drilling, construction, maintenance and operation of the oil or gas well site.
(h)
A certification or evidence satisfactory to the Township that, prior to the commencement of any activity at the oil or gas well site, the applicant shall have accepted and complied with any applicable bonding and permitting requirements and shall have entered into a Township roadway maintenance and repair agreement with the Township, in a form acceptable to the Township Solicitor, regarding the maintenance and repair of the Township streets that are to be used by vehicles for site construction, drilling activities and site operations.
(i)
A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that Township streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of the applicant's usage.
(j)
Verification that a copy of the operation's preparedness, prevention and contingency plan has been provided to the Township and all emergency responders.
(k)
A statement that the applicant, upon changes occurring to the operation's preparedness, prevention and contingency plan, will provide to the Township and all emergency responders the dated, revised copy of the preparedness, prevention and contingency plan while drilling activities are taking place at the oil or gas well site.
(l)
Assurance that, at least 30 days prior to drilling, the applicant shall provide an appropriate site orientation and training course of the preparedness, prevention and contingency plan for all emergency responders. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. The applicant shall not be required to hold more than one site orientation and training course annually under this section.
(m)
A copy of the documents submitted to the department or, if no document has been submitted to the department, a narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts.
(n)
A copy of all permits and plans from appropriate regulatory agencies or authorities issued in accordance with environmental requirements.
(o)
A copy of all permits and plans from the appropriate regulatory agencies or authorities issued in accordance with applicable laws and regulations for the proposed use.
(p)
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
(2)
Within 15 business days after receipt of a permit application and the required fee, the Township will determine whether the application is complete and adequate and advise the applicant accordingly.
(3)
If the application is complete and fulfills the requirements of this chapter, the Township shall issue or deny a permit within 30 days following the date the complete application was submitted.
(4)
If the application is incomplete and/or inadequate, the municipality will notify the applicant of the missing or inadequate material and, upon receiving said material, issue or deny the permit within 30 days following receipt.
H.
Design and installation.
(2)
Structure height.
(a)
Permanent structures associated with an oil and gas site, both principal and accessory, shall comply with the height regulations for the zoning district in which the oil or gas well site is located.
(b)
Permanent structures associated with natural gas compressor stations or natural gas processing plants shall comply with the height regulations for the zoning district in which the natural gas compressor station or natural gas processing plant is located.
(c)
There shall be an exemption to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well.
[1]
The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well.
[2]
Provided, further, that the time period of such drilling and exemption shall not exceed six months.
[3]
The operator shall give the Township prior written notice of the beginning date for its exercise of the exemption.
(3)
Setbacks.
(a)
Drilling rigs shall be located a minimum setback distance of 1.5 times their height from any property line, public or private street, or building not related to the drilling operations on either the same lot or an adjacent lot.
(b)
The drilling pad for the oil or gas well site shall comply with all setback and buffer requirements of the zoning district in which the oil or gas well site is located.
(c)
Natural gas compressor stations or natural gas processing plants shall comply with all setback and buffer requirements of the zoning district in which the natural gas compressor station or natural gas processing plant is located.
(d)
Exemption from the standards established in this subsection may be granted by the Township upon a showing by the operator that it is not feasible to meet the setback requirements from surface tract property lines and that adequate safeguards have or will be provided to justify the exemption.
(e)
Drilling pads, natural gas compressor stations or natural gas processing plants shall be set back 500 feet from buildings or sites registered or eligible for registration on the National Register of Historic Places or the Pennsylvania Register of Historic Places.
(f)
Sufficient setbacks shall be met to ensure the preservation of water resources.
(4)
Screening and fencing.
(a)
Security fencing shall not be required at oil or gas well sites during the initial drilling, or redrilling operations, as long as manned, twenty-four-hour, on-site supervision and security are provided.
(b)
Upon completion of drilling or redrilling, security fencing consisting of a permanent chain-link fence shall be promptly installed at the oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site.
(c)
Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide.
(d)
Emergency responders shall be given means to access oil or gas well sites in case of an emergency.
(e)
Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency.
(f)
In construction of oil or gas well sites, the natural surroundings should be considered and attempts made to preserve existing trees and other native vegetation.
(5)
Lighting.
(a)
Lighting at the oil or gas well site, or other facilities associated with oil and gas drilling development, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and nearby buildings within 100 feet of the oil or gas well development.
(b)
Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.
(6)
Noise.
(a)
The applicant shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development.
(b)
Prior to drilling of an oil or gas well or the operation of a natural gas compressor station or a natural gas processing plant, the applicant shall establish, by generally accepted testing procedures, the continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public facility, or 100 feet from the nearest residence or public building, medical, emergency or other public facilities, whichever point is closer to the affected residence or public building, school medical, emergency or other public facility. In lieu of the establishment of the ambient noise level established by the continuous seventy-two-hour test, the applicant may assume and use, for the purpose of compliance with this chapter, a default ambient noise level of 55 dBA. The sound-level meter used in conducting any evaluation shall meet the American National Standards Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(c)
The applicant shall provide the Township documentation of the established ambient noise level prior to starting oil or gas drilling and/or production operations.
(d)
The noise generated during the oil and gas operations or the natural gas compressor station or the natural gas processing plant shall not exceed the average ambient noise level established in Subsection H(6)(b) by more than:
(e)
Effective sound-mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards when located near a residence, public building, school, medical, emergency or other public facility.
(f)
Exemption from the standards established in this subsection may be granted by the Township during the drilling stage or at the oil or gas well site, or the gas compressor station, or at the natural gas processing plant for good cause shown and upon written agreement between the applicant and the Township.
(g)
Complaints received by the Township shall be addressed by the applicant, within 24 hours following receipt of notification, by continuously monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency or other public facility, whichever is closer. The applicant shall report the findings to the Township and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.
(h)
Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels or have installed mitigation devices to mitigate sound levels that would otherwise exceed the ambient noise level standards at residential or public buildings, medical, emergency or other public facilities.
(7)
Prohibitions.
(a)
No drilling shall be allowed in the floodway designated as such in the Flood Insurance Study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps.
(b)
Oil and gas drilling in the one-hundred-year floodplain is discouraged but may be permitted by the Township in its discretion if the following provisions are met:
[1]
If no other area provides access to the oil or gas deposit, then oil and gas drilling may be permitted in the floodplain. The applicant must provide conclusive documentation that no other location allows access to the oil or gas deposit other then a location within the floodplain.
[2]
An adequate emergency evacuation plan shall have been produced by the applicant and filed with the Township.
[3]
No storage of chemicals shall be permitted within the floodplain. An exemption from this requirement may be granted by the Township if the applicant can show that such storage will not potentially cause any harm to property, persons or the environment in the case of a one-hundred-year flood and further provides security to the Township assuring the applicant's ability to remedy any damage or injury that may occur.
[4]
Only necessary and needed structures will be permitted within the floodplain.
[5]
All structures within the flood zone shall be designed to withstand a one-hundred-year storm event.
[6]
An engineer registered in Pennsylvania and qualified to present such documentation that structures will not cause additional flooding on adjacent, upstream and/or downstream properties shall provide such documentation to the Township.
(c)
Oil and gas operations shall not create dust or pollute the air in violation of the Clean Air Act or any other local, state or federal regulation regarding air cleanliness or nuisances.
I.
Penalties. Any owner, operator, or other person who violates or permits a violation of this section, upon being found liable therefore in a civil enforcement proceeding before a Magisterial District Judge, shall pay to the Township a fine of not more than $500, plus all court costs, including, but not limited to, reasonable attorneys' fees incurred by the Township on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected as a judgment by the Township without further judicial proceedings. Further, the appropriate officers or agents of the Township are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond shall be required of the Township if the Township seeks injunctive relief.
§ 210-41 Mineral and resource extraction.
A.
All such operations must obtain a zoning permit and Beaver County Conservation District approval.
B.
All required Commonwealth of Pennsylvania permits shall be presented before the zoning permit can be issued.
C.
If access to the mining/pit operation is by Township road, then the applicant is required to comply with all appropriate Township ordinances and provide road bonding where required.
D.
All roads to and from the mine site shall be maintained in a mud-free condition on a daily basis.
E.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
§ 210-42 Cemeteries.
Cemeteries are subject to the following express standards and criteria:
A.
A minimum lot size of five acres shall be required.
B.
A drainage plan shall be submitted with the application for approval to show existing and proposed runoff characteristics.
C.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
D.
All property lines adjoining residential uses shall be screened as defined by this chapter.
E.
Provisions for perpetual care acceptable to the Township must be provided.
F.
Interior roads shall be mud free.
§ 210-43 Mobile home parks.
Mobile home parks are permitted in the Residential District as a special exception where the Zoning Hearing Board finds, after a public hearing, that such use will not create a hazardous condition and will otherwise meet the following requirements:
A.
Adequate water and sanitary sewer facilities are available.
B.
No mobile home park may be less than five acres in size.
C.
Minimum yard and area requirements shall be required for individual spaces as follows:
Lot Area | Width | Depth | Side Yard | Height | |
|---|---|---|---|---|---|
6,000 square feet | 60 feet | 100 feet | 24 feet; combined maximum 10 feet minimum on 1 side | 16 feet maximum |
D.
Shall front upon a public road. Off-street parking space shall be provided at the rate of at least two parking spaces for each mobile home lot plus an additional parking space for each four lots to provide for guest parking, for multicar tenants and for delivery and service vehicles.
E.
Pavement widths within the mobile home park:
(1)
All entrance streets and other collector streets with guest parking, both sides: 38 feet minimum.
(2)
Secondary street with no parking: 24 feet minimum.
(3)
Local or cul-de-sac street with no parking: 22 feet minimum.
(4)
One-way local street with no parking (acceptable only if less than 500 feet total length and serving fewer than 25 mobile home stands): 11 feet minimum.
F.
Trailer parks shall provide a six-foot screen planting of trees, evergreens or hedges or shrubs two feet wide on the side and rear property lines.
G.
Enclosures or alterations to the mobile home, other than unenclosed porches or patios, are not permitted.
H.
In addition to meeting the above requirements and conforming to other laws of the Township, county or commonwealth, including the Pennsylvania Department of Environmental Protection, Regulations for Mobile Home Parks, mobile home parks shall also conform to the requirements set forth in sections or chapters of Minimum Property Standards for Mobile Home Courts, of the Federal Housing Administration; provided that, where provisions of such regulations conflict with those of the existing Township, county or state, the most restrictive or those imposing the higher standards shall govern.
I.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
§ 210-44 Gasoline service stations.
Gasoline service stations are subject to the following express standards and criteria:
A.
All vehicle service, except for fueling, such as hydraulic hoists, pits and all lubrication, greasing, automobile washing and equipment repair, shall be entirely enclosed within a building.
B.
Gasoline pumps shall be located no closer than 30 feet to any property line.
C.
No building, stand, oil rack, or other apparatus shall be located within 20 feet of the road right-of-way.
D.
The nearest point of canopy structures shielding gasoline pumps shall be no closer than 20 feet from the front lot line and 20 feet from each side lot line.
E.
There shall be no storage of any vehicle outside for a period longer than one week.
F.
In addition to parking spaces required by this chapter, adequate vehicle maneuvering areas shall be provided outside the building. All parking areas and areas for vehicular travel shall be impervious.
G.
All property lines adjoining residential uses or zoning classifications shall be screened by a buffer area, as defined by this chapter, which is at least 10 feet in depth, measured from the property line.
H.
The applicant shall present all applicable commonwealth-required permits, which shall be kept on file by the Township.
J.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
§ 210-45 Scrap (junk or salvage) yards.
Scrap yards are subject to the following express standards and criteria:
A.
All lots shall be at least five acres in size and located at least 200 feet from any portion of the Residential District.
B.
There shall be no storage of scrap, machinery, or equipment of any kind in the front yard area or in areas visible from the surrounding properties. All storage shall be inside the required fences.
C.
The processing or storage of hazardous materials, as the same are defined by the Department of Environmental Protection, shall not be permitted.
D.
The facility shall provide a fence around the premises at least eight feet in height, constructed to block the line of sight, and the fence shall be constructed at the yard setback lines and shall completely screen to shield the contents of the facility from outside view.
E.
Annual reports identifying the contents and volume of such yards shall be filed with the Township.
§ 210-46 Heavy manufacturing.
Heavy manufacturing shall meet the following express performance standards:
A.
All needed permits from federal or state environmental agencies shall be identified and presented.
B.
Noise.
(1)
The sound pressure level of any industry abutting upon a residential or commercial district shall not exceed the decibel limits in the octave bands designated in the following table:
[Amended 11-18-2015 by Ord. No. 140]
Octave Frequency (cycles per second) | Decibel Limits Along or in Residential District Boundaries | Decibel Limits Along or in Businesses or Industrial District Boundaries | |
|---|---|---|---|
0 to 74 | 72 | 79 | |
75 to 149 | 67 | 74 | |
150 to 299 | 59 | 66 | |
300 to 599 | 52 | 59 | |
600 to 1,199 | 46 | 53 | |
1,200 to 2,399 | 40 | 47 | |
2,400 to 4,800 | 34 | 41 | |
Over 4,800 | 32 | 39 |
(2)
Sounds of short duration, as from forge hammers, punch presses, and metal shears, which cannot be measured accurately with the sound-level meter, shall be measured with the impact filter as manufactured by the General Radio Company or its equivalent in order to determine the peak value of the impact. For sounds so measured, the sound pressure level set forth in this table may be increased by six decibels.
C.
Vibration. No vibration shall be generated which can be detected at the I Industrial District boundary line.
D.
Glare. Lighting or such activities as welding shall be shielded from any residential use or district. Outside lighting shall use full shielded fixtures.
E.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
§ 210-47 Industrial parks.
A.
Minimum lot area and lot widths.
(1)
An industrial park development shall be required to contain a minimum of 10 acres of land area.
(2)
All principal buildings or structures permitted in the Industrial Park District shall be located on a separate lot having a minimum area of two acres and a minimum frontage on a public or private road of 200 feet.
B.
Yards required.
(1)
Front yards. There shall be a front yard of not less than 50 feet, measured from the street right-of-way line of streets.
(2)
Side yards. There shall be two side yards, each having a width of not less than 25 feet.
(3)
Rear yards. There shall be a rear yard of not less than 50 feet.
(4)
Setbacks. Setbacks from Residential Districts shall be at least 50 feet.
C.
Building height limits, lot coverage and parking.
(1)
No building or structure shall exceed a height of 75 feet. Signs are limited to 40 feet in height.
(2)
Percentage of lot coverage. Not more than 70% of the lot area shall be covered by any main and accessory buildings.
(3)
Off-street parking. Space for off-street parking of employees, customers, and visitors shall be as required in this chapter.
D.
Signs. All on-premises signage shall be in accordance with the standards set forth in this chapter.
E.
Streets. All streets in any industrial park must be private streets and shall meet the design and construction standards specified by the Potter Township Subdivision and Land Development Ordinance.[1] Streets shall be maintained by the property owner. Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
F.
Areas of properties on a developed lot not occupied by buildings or paved shall be landscaped and maintained in accordance with the park site plan. At least one tree or shrub shall be planted for each 200 square feet of property area not covered by buildings or paved. Of the total required planting, at least 20% shall be deciduous trees not less than two inches' caliper when planted.
§ 210-48 Commercial kennels, commercial stables, or riding academies.
A.
The property to contain any outdoor kennel shall be at least five acres in area or contain a stable or riding academy at least 10 acres in area.
B.
Outdoor areas to be occupied by animals shall be as remote as possible from neighboring residences. Buildings on the site, landscaping, and/or changes of grade may be used to screen adjacent housing areas or potential areas of housing.
C.
All outdoor areas to which animals have access shall be fenced to contain the animals, and such outdoor area shall be not closer than 10 feet from any property line.
D.
All dogs in a kennel shall be kept in an enclosed building at night.
E.
Such facilities shall also comply with all applicable commonwealth and federal regulations.
§ 210-49 Public safety services.
A.
All side and rear property lines adjoining residential uses or districts shall be screened in accordance with this chapter.
B.
All lights and glare shall be shielded and directed away from adjoining property.
C.
The entrance and exit for the facility shall be so designed as to allow adequate sight distances and generally ensure a safe entrance onto public roads.
D.
There shall be adequate space so trucks and equipment may be backed into their parking bays without using public streets.
E.
Lot size shall be at least two acres.
§ 210-50 Sawmills.
Sawmills are subject to the following express standards and criteria:
A.
The use shall be subject to the performance standards of this chapter.
B.
All milling operations shall be located at least 300 feet from any existing dwelling on adjoining property and at least 100 feet from any property line.
C.
Routes to be used by hauling trucks shall be approved by the Township. If bonding of the road is required by the Township, proof of compliance is required. All roads to and from the site shall be maintained in a mud-free condition on a daily basis.
D.
Operations shall be discontinued from 8:00 p.m. to 6:00 a.m. There shall be no Sunday operations.
§ 210-51 Hunting preserves.
Hunting preserves are subject to the following express standards and criteria:
A.
They shall maintain a minimum lot size of 100 acres for commercial hunting operations.
B.
No enclosure for commercial hunting shall be erected within 150 yards of an existing residence, any neighboring agricultural building used to house livestock, a school, day-care facility, or playground associated with a school or other occupied structure.*
*Pennsylvania safety zone is 150 yards.
C.
Outdoor commercial hunting operations shall not undertake activities between the hours of sunset and sunrise. The Board of Supervisors may limit hours of operation for other intensive uses as a reasonable additional condition of approval.
D.
Commercial hunting operations shall provide that the design and direction of all firing lanes shall not present a danger to public health and safety. The applicant shall show adherence to standard industry design practices, such as the National Rifle Association's NRA Range Source Book, to ensure safety.
E.
Other intensive uses shall present a plan to minimize any noise created by activities through buffering, acoustic engineering, or topography.
§ 210-52 Airports.
All classes of airports, ultralight airports, and heliports shall be allowed as a conditional use in the applicable district. However, the Township may adopt specific airport zoning regulations.
A.
All airport facilities and site development shall be based on location and site plans subject to the review of the Township Planning Commission and approval of the Township Board of Supervisors. Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
(1)
The location map shall show the approximate location, use and height of all structures within 2,600 linear feet of the ends of landing strips and within 1,200 linear feet of the sides of landing strips.
(2)
The site plan shall show the exact location of landing strips and the use and height of structures on the subject property.
(3)
Documentation shall be submitted which designates the anticipated types of aircraft to be accommodated and the volume of activity contemplated.
(4)
Plans for lighting and fuel handling shall be submitted.
(5)
The operator must provide the Township with all the technical data required by the appropriate airport zoning regulations as set forth by the Bureau of Aviation, Pennsylvania Department of Transportation.
(6)
The operator will be responsible for all reasonable fees and costs incidental to preparing and adopting airport zoning provisions as an amendment to this chapter.
B.
Ultralight airports are intended for private use only and are subject to the following express standards and criteria:
(1)
All ultralights must be at least 300 feet from any property line and at least 500 feet from any dwelling.
(2)
The operator shall present evidence that the facility complies with appropriate state regulations and has secured a license from the Pennsylvania Department of Transportation, Bureau of Aviation.
C.
Heliports are subject to the following express standards and criteria:
(1)
Heliports shall be permitted only when accessory to public safety office operations or industrial parks.
(2)
Heliports shall be located at least 100 feet from any property line or public street.
(3)
Documentation shall be submitted which designates the anticipated types of aircraft to be accommodated and the volume of activity contemplated.
(4)
Plans for lighting and fuel handling shall be submitted.
(5)
Evidence of compliance with all applicable regulations of the Federal Aviation Administration and the Pennsylvania Department of Transportation shall be submitted by the operator.
(6)
The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate same.
(7)
Lighting and glare shall be fully shielded away from adjacent properties.
§ 210-53 Noncommercial keeping of farm animals.
A.
Animals may be kept only for noncommercial purposes for recreation and/or food production of the resident family.
B.
General regulations that apply to farm operations shall apply to all activities in conjunction with animal keeping.
C.
All such animals must be kept under control by the property owner and contained on the property.
§ 210-54 Auto/truck, new and used sales and services; boat sales and services; farm and heavy equipment.
Such uses are subject to the following express standards and criteria:
A.
Any outside display of vehicles, boats, or boat trailers shall maintain a twenty-foot setback from the front property line and at least a fifteen-foot setback from side or rear property lines (thirty-five-foot setbacks from side or rear lines abutting residential districts).
B.
All cleaning, repair, part storage, and painting shall occur indoors.
C.
The storage of vehicles for repair shall be only behind or beside the principal structure and shall be limited to one week per vehicle.
D.
The long-term (over 30 days) storage of farm and heavy equipment shall be indoors or screened in accordance with this chapter.
E.
All drainage plans shall conform to applicable county and Township ordinances.
F.
All property lines adjoining residential uses or districts shall be screened by a buffer area, as defined by this chapter, which is at least 10 feet in depth measured from the property line.
G.
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
§ 210-55 Agricultural-related businesses and farming operations.
Such uses are subject to the following express standards and criteria:
B.
All structures used for feed storage and distribution shall be located at least 200 feet from an existing residence on adjacent property, and the minimum lot size shall be at least five acres.
C.
All property lines adjoining residential uses or districts shall be screened by a buffer area, as defined by this chapter, which is at least 10 feet in depth, measured from the property line.
§ 210-56 Campgrounds and recreational vehicles.
Such uses are subject to the following express standards and criteria:
A. CAMPER CAMPGROUND CAMPING SITE PERSON RECREATIONAL VEHICLE TENT TOWNSHIP
Definitions. As used in this section, the following terms shall have the meanings indicated:
A vehicular portable structure to be mounted on a chassis or wheels and towed by or constructed as an integral part of a self-propelled vehicle for use as a temporary dwelling for travel, recreation, and vacation, commonly known as "travel trailers," "pickup coaches," "motor homes," or "camping trailers."
A tract or tracts of land, or any portions thereof, used for the purpose of providing sites for the temporary use of trailers, campers, or tents, as hereinafter defined, for camping purposes, with or without a fee being charged for the leasing, renting, or occupancy of such space.
A parcel of land in an organized camp or campground for the placement of a single trailer and/or tent and the exclusive use of its occupants.
Any individual, partnership, corporation, association, municipality, county, authority, Commonwealth of Pennsylvania or any other private or public entity.
A vehicle primarily designed and utilized as temporary living quarters for recreational, camping, or travel use, whether self-propelled or mounted on or drawn by another vehicle, and including travel trailers, recreational trailers, camping trailers, truck campers, motor homes, and similar types of vehicles. It shall also include house trailers used for such purposes. The term shall not mean or include a mobile home, manufactured home or seasonal dwelling.
A portable lodging unit usually made out of skins, canvas, plastic, or strong cloth stretched and usually sustained by poles, and which is dependent upon separate toilet and lavatory facilities.
Potter Township, Beaver County, Pennsylvania.
B.
Permits.
(1)
It shall be unlawful for any person to construct or maintain a campground within Potter Township, Beaver County, Pennsylvania, without first having secured a permit from the Township.
(2)
Application for such permit shall be provided by the Township Secretary upon request. Following the approval of the Township Supervisors, a permit shall be issued by the Secretary.
(3)
The campground permit fee shall be $150 per camping site, such permit to be renewed annually at a fee of $25 at a time specified by the Supervisors.
(4)
The permit shall be valid only for the campground for which application is made.
(5)
The permit may be transferred, provided the campground is in compliance with all provisions of this chapter and upon the payment of a transfer fee of $10.
(6)
In the event the issuance of a permit is authorized by the Board of Supervisors for the establishment of a camp in accordance with the provisions of this chapter, or in the case of a presently existing camp, no change or alteration shall be made unless application therefor shall be made to the Board as in the case of the original establishment of a camp and a permit is thereupon authorized to be granted for such change or alteration by resolution of the Board.
(7)
The Supervisors may revoke, suspend, or refuse to renew a permit at such time as there is evidence of noncompliance with this chapter.
C.
Plan.
(1)
Application for a campground permit shall be accompanied by a plan for the proposed development. Such plan shall include the location of all streets and roads, campsites, utility services, buildings, recreation areas, and other facilities. The plan shall be drawn at an appropriate scale to provide ease of review but at no less than one inch equals 100 feet.
(2)
The plan shall show property lines of adjacent properties, together with the land use of such adjacent properties.
D.
Standards.
(1)
Setback. No camping site shall be located within 100 feet of a public right-of-way or within 35 feet of any property line or within 300 feet of a nonaffiliated residence.
(2)
Campsites. Individual campsites shall contain a minimum of 1,000 square feet with a minimum width of 25 feet. Each campsite shall provide a clear, level, well-drained, mud-free pad for accommodating trailers and campers.
(3)
Parking. Parking may be provided within the campground. Camping site parking shall provide a clean, mud-free and well-drained area.
(4)
Streets and roads. Each camping site shall front upon an approved street or road.
(a)
One-way streets and roads with camping site parking shall have an improved surface of no less than 12 feet.
(b)
Two-way streets and roads with camping site parking shall have an improved surface of no less than 20 feet.
(c)
One-way streets and roads with on-street parking on one side shall have an improved surface of no less than 20 feet, and 28 feet for parking on both sides.
(d)
Two-way streets and roads with on-street parking shall have an improved surface of no less than 28 feet for one-side parking, and 36 feet for both-side parking.
(e)
Streets and roads shall be graded to provide positive drainage from the road surface. Drains and culverts shall be provided as necessary to maintain proper drainage.
(f)
Streets and roads shall have a maximum grade of 6%, except for sections of no more than 100 feet in length which may exceed 6% but in no case shall exceed 10%.
(g)
Streets and roads shall be all-weather constructed. Road oil, calcium or other suitable material shall be applied in an amount and frequency as necessary to control dust.
(5)
Emergency ingress and egress to all campsites shall be maintained at all times.
(6)
Common facilities shall be well-illuminated from dusk to dawn.
E.
Compliance with other regulations.
(1)
All campgrounds shall comply with the rules and regulations of the Commonwealth of Pennsylvania, Department of Health, as set forth in Article 413, Chapter 4, Regulations for Control of Sanitation in Organized Camps and Campgrounds, adopted April 25, 1968, as amended.
(2)
Violation of the above shall constitute a violation of this chapter, and such violator shall be subject to penalties described herein.
F.
Additional requirements. In addition to compliance with the standards set forth in this chapter, the Township Supervisors may make additional requirements as deemed necessary to protect the health, safety, morals and general welfare of the public. Such additional requirements shall be included in the plan for the campground and shall be complied with prior to issuance or renewal of a permit.
G.
Campgrounds in existence at time of adoption of this chapter.
(1)
Any person operating a campground at the time of adoption of this chapter shall make application for a permit, including a plan of the existing campground.
(2)
The Supervisors shall examine the plan to determine which violations of this chapter, if any, necessitate immediate correction, and proof of such correction shall be required prior to issuance of a permit.
(3)
Any person operating a campground at the time of adoption of this chapter shall, within one year, submit a plan for his campground complying with the requirements of this chapter and shall, within two years of the date of this chapter, comply with the requirements and standards herein.
H.
Variances. Upon receipt of evidence that compliance with the requirements and standards of this chapter would render undue hardship, the Supervisors may grant a variance to those requirements and standards, provided that such variance does not violate the intent of this chapter and/or endanger the health, safety, morals or general welfare of the public.
I.
Inspections. The Township Engineer or duly authorized Township officer of the Township shall make a thorough inspection of all campgrounds located within the Township, who shall thereupon make a report to the Board at its next meeting on the health and sanitary conditions found in each campground.
J.
Exclusions. Primitive camps, defined as unimproved, limited access with nondelineated campsites, shall be limited in use to three nights during 21 consecutive days. These campsites are excluded from the provisions of this chapter.
K.
Office. Each campground shall have an office in which shall be kept copies of all records pertaining to the management and supervision of the campground. Such records shall be available for inspection by the authorized officers of the Township. The permit from the Township shall be on display in a conspicuous place on the premises at all times.
L.
Register. It shall be the duty of the owner or his agent to keep a register of the "head of the family" accommodated in the campers or tents, their regular home address and the number and description of their automobiles or other vehicles. Said register shall be open at all times to inspection by any authorized official of the Township. The owner or his agent shall prescribe rules and regulations for the management of the campground and make adequate provision for the enforcement of such rules.
M.
They shall have a minimum lot size of five acres. All interior roads shall be at least six inches of crushed, compacted aggregate and shall be built to be mud-free year round.
N.
Water supplies and sanitary sewage disposal must be approved by the Pennsylvania Department of Environmental Protection (DEP) or, as appropriate, the Township's sewage enforcement officer (SEO).
O.
There shall be a planted buffer yard of at least 50 feet along the side and rear yards that shall contain evergreen shrubs at least four feet in height when planted, to provide a visual buffer (see also "screen planting").
P.
Regulations for storage and use of recreational vehicles.
(1)
No more than two recreational vehicles may be stored or maintained outside of an enclosed structure on a lot except in approved and properly permitted campgrounds. For purposes of this section, contiguous lots owned by the same persons shall be considered one lot.
(2)
No recreational vehicle which is not registered, licensed and inspected in accordance with the requirements of the laws of Pennsylvania, or in accordance with the requirements of the laws of the state of residence of the owner, shall be stored or maintained outside of an enclosed structure on any premises except for purposes of sale or repairs.
(3)
No recreational vehicle which is not registered, licensed and inspected, in accordance with the requirements of the laws of Pennsylvania, or in accordance with the requirements of the laws of the state of residence of the owner, shall be used or occupied for living quarters or residential purposes, whether temporary or permanent.
(4)
No structural additions shall be constructed onto or attached to a recreational vehicle, and no recreational vehicle shall be physically attached to or become a part of any other building.
(5)
No recreational vehicle shall be used as a dwelling for residential use or for living quarters, whether permanent or temporary, except under the following circumstances:
(a)
In an approved and properly permitted campground.
(b)
Where located adjacent to a dwelling which provides occupants of the recreational vehicle with sewage, water, and utility services, provided that it is used as temporary living quarters for periods of time not exceeding 15 consecutive days and 30 cumulative days in any calendar year.
(c)
Where otherwise permitted and not located adjacent to an existing dwelling on the same lot or in a campground, for temporary living quarters for a period of time not exceeding 30 consecutive days and 180 cumulative days in any calendar year, provided that the recreational vehicle is connected to a sewage system as required by and in accordance with the applicable regulations of the Township and the Department of Environmental Protection pursuant to a properly issued permit, provided that the sewage disposal system shall be maintained in accordance with said regulations, and provided that there is adequate provision for a potable water supply on the property.
§ 210-57 Conversion apartments.
Such uses are subject to the following express standards and criteria:
§ 210-58 Professional and business offices, including veterinarian offices.
A.
All required parking, loading, and unloading shall be contained entirely on the subject lot, including sufficient maneuvering room so that vehicles will not back onto a public road. Any parking area next to a residential use or district shall be screened (see definition of "screening").
B.
All lighting shall be fully shielded to prevent glare to adjoining properties.
C.
Veterinarian offices:
(1)
Shall adhere to all regulations applicable thereto.
(2)
All dogs in a kennel shall be kept in an enclosed building at night.
(3)
All outdoor areas to which animals have access shall not be closer than 50 feet from any property line and shall be regularly cleaned and maintained so as not to create an odor nuisance.
§ 210-59 Sanitary landfills; captive residual waste facilities; municipal waste.
Such uses shall be subject to the following express standards and criteria:
A. CAPTIVE RESIDUAL WASTE FACILITY LANDFILL MUNICIPAL WASTE RESIDUAL WASTE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A residual waste processing or disposal facility that is located solely upon lands owned by the person or municipality that generated the residual waste and which is operated to provide for the processing or disposal solely of the generator's residual waste.
A facility using land for disposing of municipal waste, as defined in Potter Township Ordinance 167-13.
As defined in Potter Township Code § 167-13.
This term shall include garbage, refuse, rubbish, recyclables, hazardous waste, chemicals, ashes and fly ash, as these terms may be defined in Potter Township Code § 167-22.
B.
Sanitary landfills:
(1)
Shall have a minimum lot size of 100 acres.
(2)
Shall abut a public road.
(3)
All required local, state and federal permits shall be presented annually to the Township.
(4)
Buffer yards at least 100 feet in width shall be used around all side and rear yards; a buffer yard of at least 75 feet will be used in the front area.
(5)
All roads to and from the site shall be maintained in a mud-free condition on a daily basis.
C.
The following restrictions shall apply to captive residual waste facilities and landfills in the Industrial District:
(1)
No captive residual waste facility and/or landfill shall be located within 1,000 feet of a Residential District.
(2)
A captive residual waste facility and/or landfill owner/operator must establish and document to the satisfaction of Potter Township, upon request, full and complete compliance with all applicable state and federal regulations pertaining to such operations.
(3)
A captive residual waste facility and/or landfill owner/operator shall provide to Potter Township, upon request, any and all documents, studies, tests and monitoring pertaining to said operation.
(4)
A captive residual waste facility and/or landfill owner/operator must provide, upon request, uninhibited access to the property by Potter Township for purposes of inspection of said operation to ascertain compliance with these restrictions.
(5)
Any fees associated with inspection of the operation or review of documents relative thereto shall be borne by the operator and owner of said facility or landfill. Said fees may include services of professionals, engineers, attorneys or other consultants that, in the determination of the Board of Supervisors, are necessary for ascertaining compliance with these regulations. Fees shall be set from time to time by resolution of the Board of Supervisors.
§ 210-60 Sewage treatment plants.
Such uses shall be subject to the following express standards and criteria:
A.
Operators shall present all required DEP approvals.
B.
Operators shall provide screen planting along any border which abuts a residential use or district.
C.
Structures shall be at least 50 feet from a property line.
D.
Any operational reports, maintenance agreements and inspection reports shall be filed with the Township sewage enforcement officer (SEO).
E.
Operations shall not create a noise or odor to the extent of becoming a nuisance.
§ 210-61 Adult businesses.
Such uses shall be subject to the following express standards and criteria:
A. ADULT BOOKSTORE ADULT BUSINESS ADULT ENTERTAINMENT ADULT MOVIE THEATER OR MOVIE HOUSE (including adult mini-theaters)
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any commercial establishment in which is offered for sale as a substantial or significant portion of its stock-in-trade videocassettes, movies, books, magazines or other periodicals or other media which are distinguished or characterized by their emphasis on nudity or sexual conduct or on activities which, if presented in live presentation, would constitute adult entertainment.
An adult bookstore, commercial movie theater or movie house or other adult entertainment, as defined herein. In the event that an activity or business which might fall under a use category other than adult business is combined with and/or includes activities which constitute an adult bookstore, adult movie theater or movie house or adult entertainment, as defined herein, then such activity or business shall constitute an adult business and shall be governed by those provisions in this chapter applicable to adult business uses and not by provisions applicable to any other use category.
A commercial establishment providing, either as a sole use or in connection with or in addition to other uses, entertainment consisting of the use of nudity or of live dancing, posing, displaying, acting, sexual conduct or other live presentation or use of persons whose actions are distinguished or characterized by emphasis on use of the human body in a manner intended to result in or resulting in arousal of sexual excitation or sexual titillation or a prurient interest or intended to produce or resulting in producing lustful emotions.
Any commercial movie theater which, on a regular, continuing basis, shows films rated "X" by the Motion Picture Coding Association of America, or any movie theater which presents for public viewing on a regular, continuing basis so-called "adult films" depicting sexual conduct, as defined by this chapter.
B.
Specific criteria for adult businesses.
(1)
Adult businesses. This use shall be subject to the following express standards and criteria and to any other standards and criteria generally applicable to all conditional uses:
(a)
Adult businesses may be established as a conditional use only in the Industrial District.
(b)
Persons or owners who intend to open an adult business must obtain from Potter Township a license to operate such an enterprise and must pay an annual license fee of $500 to Potter Township. In addition, such persons or owners must supply to the Township detailed information as to the ownership and management as required on the licensing application form. This form can be obtained at the office of the Township Secretary.
(c)
No adult business can be located within 500 feet of a property boundary line of a preexisting school, hospital, day-care center, nursing home, sanitarium, retirement or convalescent home, group home, personal care home, public park, church or an establishment which is licensed to and does sell alcoholic beverages or any other adult business.
(d)
No adult business can be located within 500 feet of a property boundary line of a preexisting residence.
(e)
An adult business shall be initially licensed, where it has met all ordinance requirements, through December 31 of the year in which the license is issued. For each year thereafter that the adult business intends to continue its business as an adult commercial enterprise, it must seek from the office of the Secretary of Potter Township a renewal of this license. The application for renewal is due in the Secretary's office no later than November 1 of the year preceding the year for which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Township to deny or revoke an occupancy permit to an adult business.
(f)
Any adult business found to be in violation of this chapter, as amended, shall be subject to the enforcement penalties provided for in this chapter and/or the Pennsylvania Municipalities Planning Code, Act 247, as amended.
(g)
Any adult business which exhibits on the premises film, videocassette or other method of image production which depicts nudity or sexual conduct shall comply with the following:
[1]
At least one employee shall be on duty at all times that any patron is on the premises.
[2]
Where viewing rooms are located on the premises, an unobstructed view of access to all such rooms shall be available to the employee on duty.
[3]
No viewing room shall be occupied by more than one person at any time.
[4]
No connections or openings to adjoining viewing rooms shall be permitted.
[5]
A minimum of one footcandle of illumination, measured at floor level, shall be provided in every area where patrons are permitted access.
[6]
Where live performances are given, separate stage and viewing areas shall be provided with separate access to each and no connecting access between the areas.
[7]
Alcoholic beverages shall not be permitted on the premises of an adult business.
(h)
An annual occupancy permit issued by the Zoning Officer shall be secured prior to the operation of any adult business.
§ 210-62 Ancillary residential.
Such uses shall be subject to the following express standards and criteria:
A.
Residential use ancillary to commercial establishments shall be limited to one dwelling unit per commercial unit.
B.
Occupancy of the dwelling unit shall be limited to a person or persons directly associated and involved with the business through ownership or employment on an ongoing basis.
C.
All such dwelling units shall be situated within the primary commercial structure.
D.
Such units shall be compliant with the Township's Building Code (the UCC), and water and sewer services shall be approved by the Pennsylvania Department of Environmental Protection (DEP) and the Township sewage enforcement officer (SEO).
§ 210-63 Petrochemical facilities and uses incidental thereto.
A.
A petrochemical facility (and uses incidental thereto) is permitted only as a conditional use in the Industrial District. Such facilities are defined to include, but not be limited to: facilities to blend, liquefy, crack or refine natural gas or to convert natural gas to ethane, propane or other derivative substance; facilities to refine or process oil or petroleum into heating oil, fuel or other derivative substance; chemical manufacturing and storage facilities; fuel bulk storage facilities and heavy industrial facilities.
B.
Specific criteria to be considered for conditional use approval, in addition to any other reasonable conditions provided for pursuant to this chapter:
(1)
Title and general information:
(a)
Date of submission.
(b)
Location designation (Township, county, state).
(c)
Name and address of surveyor (surveyor must sign and seal the site plan).
(d)
Scale in figures and bar graph.
(e)
North arrow.
(f)
Vicinity map.
(g)
Surveyor's or engineer's seal.
(h)
Submit documentation evidencing compliance with the Potter Township SALDO and Public and Private Improvements Code.
(3)
Project details. The applicant/owner shall provide the following information:
(a)
Designated area of operations, clearly showing all fencing and existing and/or proposed buildings to be located on the site.
(b)
The distance of the area of operations from all property lines.
(c)
Location of any streams, ponds, or other waterways located on or adjacent to the property.
(d)
The distance of the area of operations from any stream or river (perennial or intermittent) located on or adjacent to the property.
(e)
River and stream buffers.
(f)
Location and extent of any marginal land/floodplain.
(g)
Representative topography.
(h)
Location and purpose of any existing or proposed rights-of-way or easements or elimination (vacation) of same.
(i)
Location of any existing or proposed fire hydrants.
(j)
Location of existing or proposed septic tanks, drainage fields or public sanitary sewage utilities.
(k)
Design of the parking lot, showing all points of entrance and exit, proposed lot lighting (if applicable), parking stalls, handicapped parking stalls, and distance between stalls (aisles); including all dimensions.
(l)
Location and dimensions of loading and unloading areas and berths.
(m)
Location of proposed gates, fencing and signage.
(n)
An exterior lighting plan showing locations of all lighting and proposed lighting.
(o)
Location and availability of public water.
(p)
Stormwater management best management practices and Conservation District permitting and approval.
(q)
Grading and earthmoving details and permitting.
(r)
A community impact/benefits study is required to be submitted.
(s)
All applications and permits relative to buildings/structures (UCC) and occupancy thereof must be obtained.
(t)
Screening, fencing and buffering shall be provided in accordance with this chapter, with a preference for the use of natural vegetation.
(u)
The facility shall comply with all federal, commonwealth and local building, environmental and health/safety codes and regulations.
(v)
The site plan shall show adequate visual and sound privacy from adjacent property and public roads. Forested greenbelt, berms, attractive screening, landscaping, mufflers, insulation or other contrivances may be used to ensure compliance with visual and sound privacy for adjacent properties.
(w)
Any of the above requirements mutually determined to present security or public safety concerns if disclosed to the public may be subject to confidentiality and, if so determined, will be set forth in a separate confidential memorandum.
(4)
Transportation and emergency services:
(a)
Provide traffic study and plan to support use of public roadway system during construction and subsequent operation.
(b)
Provide details on use of available or proposed rail and/or river transportation during construction and subsequent operation.
(c)
Excess maintenance agreement(s) must be executed where required.
(d)
Provide detailed information regarding security and emergency services available to the proposed operation.
(e)
A narrative and map describing the manner and routes for the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the operation.
(f)
A location map showing the approximate location of equipment and structures and all permanent improvements to the site and any post-construction surface disturbance in relation to natural and other surroundings. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment used in the transportation of personnel and/or development and use of the site. Such location shall be configured to allow the normal flow of traffic on public streets to be undisturbed.
(g)
A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that Township streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of the applicant's usage.
(h)
Verification that a copy of the operation's preparedness, prevention and contingency plan has been provided to the Township and all emergency responders.
(i)
A statement that the applicant, upon changes occurring to the operation's preparedness, prevention and contingency plan, will provide to the Township and all emergency responders the dated, revised copy of the preparedness, prevention and contingency plan.
(j)
Assurance that, at least 30 days prior to operations, the applicant shall provide an appropriate site orientation and training course of the preparedness, prevention and contingency plan for all emergency responders. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. The applicant shall not be required to hold more than one site orientation and training course annually under this section.
(k)
Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
(l)
Any of the above requirements mutually determined to present security or public safety concerns if disclosed to the public may be subject to confidentiality and, if so determined, will be set forth in a separate confidential memorandum.
(5)
Reporting:
(a)
During the construction and subsequent operation of the facility and any uses incidental thereto, the owner/applicant shall, upon written request by the Township, which shall not be made more frequently than on a quarterly basis, provide the Township with a list of the entities with whom the owner/applicant has contracted to perform work on the site in the three-month period preceding such request. This is for the purpose of determining and assessing earned income and local service taxes owed. This reporting requirement includes the identity of any temporary vendors selling food, clothes or other items on the property.
(b)
A copy of all permits and plans from appropriate regulatory agencies or authorities issued in accordance with environmental requirements.
(c)
A copy of all permits and plans from the appropriate regulatory agencies or authorities issued in accordance with applicable laws and regulations for the proposed use.
(6)
Noise:
(a)
The applicant shall take the following steps to minimize, to the extent possible, noise resulting from the development:
[1]
Prior to operation, the applicant shall establish, by generally accepted testing procedures, the continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public facility, or 100 feet from the nearest residence or public building, medical, emergency or other public facility, whichever point is closer to the affected residence or public building, school, medical, emergency or other public facility. In lieu of the establishment of the ambient noise level established by the continuous seventy-two-hour test, the applicant may assume and use, for the purpose of compliance with this chapter, a default ambient noise level of 55 dBA. The sound-level meter used in conducting any evaluation shall meet the American National Standards Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. The applicant may request and the Township may grant exemption from this requirement during the construction phase of the facility.
[2]
The applicant shall provide the Township documentation of the established ambient noise level prior to starting operations.
[3]
The noise generated during operations shall not exceed the average ambient noise level established in Subsection B(6)(a)(2) by more than 10 decibels.
[4]
Effective sound-mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards when located near a residence, public building, school, medical, emergency or other public facility.
[5]
Exemption from the standards established in this subsection may be granted by the Township for good cause shown and upon written agreement between the applicant and the Township.
[6]
Complaints received by the Township shall be addressed by the applicant, within 24 hours following receipt of notification, by continuously monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school medical, emergency or other public facility, whichever is closer. The applicant shall report the findings to the Township and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.
(7)
Modifications. The Board of Supervisors shall have authority to grant modifications of the requirements of this chapter in connection with the development of petrochemical facilities and uses incidental thereto if the modifications are not contrary to the public interest and the Board of Supervisors attaches such reasonable conditions and safeguards to such modifications as the Township may deem necessary to implement the purpose and intent of this chapter.
§ 210-64 Multifamily dwellings.
Such uses shall be subject to the following express standards and criteria:
A.
For three or four dwelling units, a minimum lot size of three acres is required.
B.
For developments of five units or more:
(1)
Community sewerage services are required, and the developer shall demonstrate sufficient potable water for the proposed units.
(2)
A landscaping plan with screening along side and rear lot lines will be required.
(3)
All parking shall be mud-free, as defined by this chapter.
(4)
Any exterior lighting shall be fully shielded from glare.
(5)
Overall lot density shall not exceed three dwelling units per acre.
(6)
For any development of 10 or more units, a twenty-five-foot side yard is required.
§ 210-65 Wind farms and facilities.
Such uses shall be subject to the following express standards and criteria:
A.
Title. This section shall be known as the "Wind Energy Facility Regulations for Potter Township."
B.
Purpose. The purpose of this section is to provide for the construction and operation of wind energy facilities in Potter Township, subject to reasonable conditions that will protect the public health, safety, and welfare.
C. APPLICANT FACILITY OWNER HUB HEIGHT NONPARTICIPATING LANDOWNER OCCUPIED BUILDING OPERATOR TURBINE HEIGHT WIND ENERGY FACILITY WIND TURBINE
Definitions. The following definitions are applicable to this section only:
The person or entity filing an application under this section.
The entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.
The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
Any landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
A residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.
The entity responsible for the day-to-day operation and maintenance of the wind energy facility.
The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
An electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
D.
Applicability.
(1)
This section applies to all wind energy facilities proposed to be constructed after the effective date of this section, except that this section is not intended to apply to stand-alone wind turbines constructed primarily for residential or farm use.
(2)
Wind energy facilities constructed prior to the effective date of this section shall not be required to meet the requirements of this section, provided that any physical modification to an existing wind energy facility that materially alters the size, type, and number of wind turbines or other equipment shall require a permit under this section.
E.
Conditional use approval required. A wind energy facility shall be considered a conditional use.
F.
Permit requirements.
(1)
No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within Potter Township unless a permit has been issued to the facility owner or operator approving construction of the facility under this section.
(2)
The permit application or amended permit application shall be accompanied with a fee in the amount as set by the Township Supervisors.
(3)
Any physical modification to an existing and permitted wind energy facility that materially alters the size, type, and number of wind turbines or other equipment shall require a permit modification under this section. Like-kind replacements shall not require a permit modification.
G.
Permit application.
(1)
The permit application shall demonstrate that the proposed wind energy facility will comply with this section.
(2)
Among other things, the application shall contain the following:
(a)
A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers; and a description of ancillary facilities.
(b)
An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.
(c)
Identification of the properties on which the proposed wind energy facility will be located and the properties adjacent to where the wind energy facility will be located.
(d)
A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.
(e)
Documents related to decommissioning.
(f)
Other relevant studies, reports, certifications and approvals as may be reasonably requested by the Township to ensure compliance with this section.
(3)
Within 30 days after receipt of a permit application, the Township will determine whether the application is complete and advise the applicant accordingly.
(4)
Within 45 days of a completeness determination, the Township will schedule a public hearing. The applicant shall participate in the hearing and be afforded an opportunity to present the project to the public and municipal officials and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide comment on the proposed project.
(5)
Within 90 days of a completeness determination, or within 45 days after the close of any hearing, whichever is later, the Township will make a decision whether to issue or deny the permit application.
(6)
Throughout the permit process, the applicant shall promptly notify the Township of any changes to the information contained in the permit application.
(7)
Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing.
H.
Design and installation.
(1)
Design safety certification. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.
(2)
Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Township Building Code (UCC).
(3)
Controls and brakes. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(4)
Electrical components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes and relevant and applicable international standards.
(5)
Visual appearance; power lines.
(a)
Wind turbines shall be a nonobtrusive color such as white, off-white, or gray.
(b)
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(c)
Wind turbines shall not display advertising.
(d)
On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.
(6)
Warnings.
(a)
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(b)
Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
I.
Setbacks.
(1)
Occupied buildings.
(a)
Wind turbines shall be set back from the nearest occupied building a distance not less than the required setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(b)
Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(2)
Property lines. All wind turbines shall be set back from the nearest property line a distance of not less than the required setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
(3)
Public roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
J.
Use of public roads.
(1)
The applicant shall identify all state and local public roads to be used within the Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
(2)
The Township's Engineer, or a qualified third-party engineer hired by the Township and paid for by the applicant, shall document road conditions prior to construction. The Engineer shall document road conditions again 30 days after construction is complete or as weather permits.
(3)
The Township may require a bond on the road in compliance with state regulations.
(4)
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
(5)
The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.
K.
Local emergency services.
(1)
The applicant shall provide a copy of the project summary and site plan to local emergency services, including the volunteer fire department(s).
(2)
Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.
L.
Noise and shadow flicker.
(1)
Audible sound from a wind energy facility shall not exceed 50 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems, Volume I: First Tier."
(2)
The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.
M.
Waiver of noise and shadow flicker provisions.
(1)
Property owners may waive the noise and shadow flicker provisions of this section by signing a waiver of their rights.
(2)
The written waiver shall notify the property owner(s) of the sound or flicker limits in this section, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this section.
(3)
Any such waiver shall be recorded in the Recorder of Deeds' office of Beaver County. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property.
N.
Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals and shall mitigate any harm caused by the wind energy facility.
O.
Liability insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates shall be made available to the Township upon request.
P.
Decommissioning.
(1)
The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of their useful life if no electricity is generated for a continuous period of 12 months.
(2)
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
(3)
Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(4)
An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter.
(5)
The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Township.
(6)
Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.
(7)
If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection P(1), then the landowner shall have six months to complete decommissioning.
(8)
If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed by Subsection P(1) and (7), then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
(9)
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.
Q.
Public inquiries and complaints.
(1)
The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
(2)
The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.
§ 210-66 Methadone treatment facilities.
Such uses shall be subject to the following express standards and criteria:
A.
They shall be fully licensed by the commonwealth and present evidence of same.
B.
They shall provide all parking and loading/unloading areas as required by this chapter.
C.
They shall abut by their frontage on a public street.
D.
All parking and recreation/play areas, which abut residential uses, shall be screened. (See definition of "screening.")
E.
Any outdoor lighting and/or glare shall use fully shielded fixtures.
F.
Minimum lot size shall be four acres.
§ 210-67 Planned unit development.
It is the intent of planned unit development to encourage innovations in residential development by permitting a more-flexible siting of structures and more-efficient use of open space adjacent to residential structures by regulating the development on each other rather than on a lot-by-lot basis. The approval for planned unit development shall be based on and interpreted in relation to the Comprehensive Plan for the physical development of the Township. The following conditions shall apply:
A.
The maximum dwelling unit density shall not exceed 18 units per acre.
B.
Required sewers and water shall be available to serve the dwelling units.
C.
The location of all structures and common open space shall be shown on the final plan as required by the Subdivision and Land Development Ordinance of the Township of Potter.
D.
The proposed location and arrangement of structures shall not be detrimental to the existing or prospective adjacent land uses. Ingress, egress, and internal circulation shall be designed to ensure safety and minimize impact on local roads.
E.
The location of structures shall not be governed by the setback and lot area requirements of the district. Setbacks and lot areas shall be approved by the Township Board of Supervisors in reviewing the proposed development plan. The Township Board of Supervisors shall consider whether the proposed development is compatible with surrounding land uses and represents a more-beneficial use of the land considering the environmental features of the site.
F.
The location, extent and purpose of common open space proposed to be set aside for recreation or other open space within any planned unit development shall be reviewed by and shall be subject to approval by the Township Board of Supervisors. Common open space uses may include private recreational use, golf course, swimming pool, historic buildings or sites, parks, parkway areas, ornamental parks, extensive tree cover areas, lowlands along streams or difficult terrain.
G.
The maintenance of common open space for recreation or other use shall be guaranteed by trust indenture approved by the Township Board of Supervisors and filed with the Beaver County Recorder of Deeds. The Township Board of Supervisors shall be provided with sufficient information to enable it to determine the agreements and procedures through which land and facilities for common use will be maintained. A homeowners' association shall be required if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities, including streets, drives, service and parking areas, and open space and recreation areas. When required, the landowner(s) shall establish a homeowners' association in accordance with the requirements and procedures outlined by FHA in Section 7 and 8.2 of the Land Planning Bulletin No. 6, entitled "Planned Unit Development with a Homes Association," dated 1970, as may be updated or revised.
H.
Lots proposed in areas having a slope of 25% or greater shall have a minimum suitable graded portion to accommodate the proposed building and parking areas. Restoration and/or reclamation techniques will be required when excessive grading is proposed.
I.
Adjacent to every side and rear lot line contiguous to a residential district, a protective planting strip shall be required when an application for a zoning permit is requested to build on contiguous land within a distance of 100 feet from the line of designation between districts. Such protective planting strip shall be not less than 20 feet nor more than 50 feet in width, situated within any required side or rear yard, designed and laid out with suitable evergreen plant material which will be planted at a minimum height of four feet and shall be maintained at a height of not less than eight feet, in order to provide an effective natural screen between the nonresidential and residential districts. A planting plan specifying type, size and location of existing and proposed plant material shall be required and approved by the Zoning Enforcement Officer prior to issuing a zoning permit.
J.
All dwelling units shall be designed with regard to topography and the natural features of the site.
(1)
The developer shall take every precaution to preserve the natural site amenities and to minimize the disturbance to the natural environment.
(2)
The development will be designed and programmed so as to minimize earthmoving activity, erosion, tree clearance and the destruction of natural amenities.
(3)
Existing trees shall be preserved wherever possible. The location of trees must be considered when planning common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.
(4)
Seeding, sodding and other planting shall be applied to stabilize topsoil.
(5)
Erosion-control measures such as minimizing the area of exposed soil, mulching, building silt catchment basins and planting temporary ground cover shall be instituted as necessary.
(6)
To ensure the preservation of topography, trees and ground cover, natural bodies of water, and other significant natural features, a detailed landscaping plan and an erosion control and sedimentation plan will be required at the time of initial plan submission.
§ 210-68 Forestry/timber harvesting.
A. FELLING FORESTRY LANDING LANDOWNER LITTER LOGGING and TIMBER HARVESTING LOP OPERATOR PRECOMMERCIAL TIMBER STAND IMPROVEMENT SKIDDING SLASH STAND STREAM TIMBER HARVESTING, TREE HARVESTING, or LOGGING TOP TOWNSHIP TOWNSHIP TIMBER HARVESTING ADMINISTRATOR or ADMINISTRATOR WETLAND
Definitions. The following terms shall have the meanings given them in this section:
The act of cutting a standing tree so that it falls to the ground.
Managing and using for human benefit forest lands and natural resources that occur on and in association with forest lands, including trees, other plants, animals, soil, and water. It includes, but is not limited to, the planting, cultivating, harvesting, transporting, and selling of trees for commercial purposes.
A place where logs, pulpwood, or firewood are assembled for transportation to processing facilities.
An individual, partnership, company, firm, association or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on his/her/its behalf, such as forestry consultants who set up and administer timber harvesting.
Discarded items not naturally occurring on the site, such as tires, oil cans, equipment parts, and other rubbish.
The terms "logging" and "timber harvesting" are used interchangeably herein and are defined as the act of cutting and removing trees and all activities related thereto, for cordwood, for lumber, for pulp or for any commercial purpose, excepting therefrom a landowner cutting on his own property for his own use, the cultivation and harvesting of Christmas trees or the clearing for development of building sites where such development is otherwise subject to the Township grading, landfill, excavation, subdivision or land development regulations.
To cut tops and slash into smaller pieces to allow the material to settle close to the ground.
An individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including their agents, subcontractors and employees.
A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
Dragging trees on the ground from the stump to the landing by any means.
Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.
Any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and banks.
The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
The upper portion of a felled tree that is unmerchantable because of small size, taper, or defect.
The Township of Potter, Beaver County.
The Township representative appointed by the Township Supervisors to administer this section.
Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
C.
Application procedure, standards and variances.
(1)
An application for a logging permit and five copies shall be filed with the Township at least 30 days prior to the commencement of logging.
(2)
The application shall be on a form prescribed by the Township and shall include at least the following information:
(a)
The name and address of all property owners.
(b)
The name and address of the logging operation.
(c)
The proposed starting and completion dates for the logging operation.
(d)
A description and estimated reforestation projection to be given.
(e)
A description of the method of logging.
(f)
Type and rate of seeding/mulching to be done to stabilize soil after logging and placement of same.
(g)
An erosion and sedimentation control plan as approved by the Beaver County Conservation District.
(h)
A description of all stormwater management and erosion control measures to be taken and the location of any stormwater or erosion control devices or facilities.
(i)
A site plan of the parcel or parcels or property upon which the logging will be conducted, which shows:
[1]
The location of access and adjacent roads, all watercourses and natural drainage swales within and adjacent to the site as well as all public utilities in the area of the logging operation.
[2]
The location of any road work, grading, logging trails or log landing areas proposed in connection with the operation.
[3]
The location of trees to be cut down and the acreage to be logged (including a property description and survey boundary plat).
[4]
The proposed hauling route.
(j)
The gross vehicle weight of all logging vehicles and equipment shall conform to existing weight limit restrictions or, if in excess of such restrictions, a special hauling permit shall be obtained and a bond shall be posted in an amount as may be determined by the Township along with an excess maintenance agreement.
(k)
A stormwater management plan approved by the Beaver County Conservation District.
(3)
The application must be signed by an owner of the property and by the logging operator, if any, and shall contain the following representation:
"The undersigned has read and understands the Township Logging Ordinance and assures the Township that the proposed logging operation will comply in every respect with the ordinance."
(4)
The Township shall forward the application to the Township Engineer for review and may also forward it to any appropriate government agency for review. In reviewing the application, the Township Engineer shall consider the impact of the proposed logging operation upon stormwater runoff, erosion, watercourses, roads, water mains, storm sewers, sanitary sewers, drains and other public utilities. In particular, the Township Engineer shall consider the extent to which the application addresses and complies with applicable standards:
(a)
For erosion and sedimentation control and stream crossing regulations, under 25 Pa. Code, Chapter 102, Erosion Control Rules and Regulations, issued pursuant to the Clean Streams Law, and 25 Pa. Code, Chapter 105, Dam and Waterway Rules and Regulations, issued pursuant to the Dam Safety and Encroachments Act.
(5)
The Township Engineer shall make a recommendation, in writing, to the Township approving or disapproving the logging plan and stating the reasons therefor.
(6)
Within 20 days after filing of a complete application, the Township shall issue or deny a permit. Denial shall be in writing with reasons for denial stated therein. Approval may be subject to reasonable conditions stated in writing upon the permit and intended to achieve the goals of this section. The applicant shall be informed in writing of the reasons for such conditions.
(7)
Requests for a variance from the rules and regulations of this section shall be considered by the Administrator in accordance with the following procedures:
(a)
A variance may be granted from the requirements of this section if the following criteria are met:
[1]
That there is good and sufficient cause based on physical circumstances, conditions or topography unique to the property.
[2]
That failure to grant the variance would result in unnecessary hardship to the applicant.
[3]
Any variance granted shall be the minimum variance necessary to relieve the hardship claimed as a basis for the variance.
(b)
No application for a variance requested under this section shall be granted that would cause a public or private nuisance or result in violation of the erosion and sedimentation rules and regulations set forth at 25 Pa. Code, Chapter 102; the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et seq.; the Dam Safety and Encroachments Act, 32 P.S. § 693.1 et seq.; or any other applicable Township ordinance or state or federal law.
(c)
The Township shall forward all applications for variances to the Township Engineer, who shall review the applications. The Township Engineer, in conducting his review, shall consider the factors referenced at Subsection C(7)(b) and may consider the factors referenced at the Pennsylvania Forestry Association's publication "New Timber Harvesting Guidelines, or similar publication, and the Department of Conservation and Natural Resources publication entitled "Controlling Erosion and Sedimentation from Timber Harvesting Operations," and any other publications setting forth commonly accepted guidelines for the timber harvesting industry. The Township Engineer may request additional information to assist in the review process.
(d)
The Township Engineer shall, within 20 days after receiving a complete application for a variance, and any additional information, make a written recommendation with respect thereto to the Township, stating the reasons for his recommendation. The Township shall consider the Township Engineer's recommendation and shall grant or deny the variance.
(e)
The grant of a variance may be subject to reasonable conditions and safeguards necessary in order to protect the public health, safety and welfare, to protect public and private property and to achieve the objectives or this section.
(f)
Whenever a decision on a variance is made, the Township shall notify the applicant, in writing, of such decision.
(8)
Any person aggrieved by a permit or variance decision may file an appeal within 30 days to the Township Supervisors, who shall hold a hearing thereon pursuant to the Local Agency Law and may affirm, modify or reverse the decision appealed from. The Township Supervisors may impose, as part of its decision, any conditions and safeguards necessary in order to protect the public health, safety and welfare or to protect private or public property and to promote the objectives of this section. The Township Supervisors, as part of its decision, may adjudicate constitutional law issues and may grant relief from any substantive requirement herein where full compliance with the requirement, due to unique physical conditions of the land to be logged, is not reasonably possible and where waiving the requirement will not result in significant adverse environmental consequences or in any violation of applicable laws or regulations.
D.
General operational requirements. Both the landowner and logging operator shall be responsible for compliance with the following operational requirements:
(1)
A buffer strip of trees shall be left standing along all public roadways, watercourses and adjacent properties. The minimum width of buffers along roadways shall be as for property boundaries under Subsection D(12) below; 20 feet for areas less than 25 acres and 40 feet for areas of 25 acres or more measured horizontally from the edge of the public right-of-way. Watercourses shall be defined as those showing as perennial or intermittent on either USGS topographic maps or the NRCS County Soil Survey. The width of buffers along each side of watercourses shall be a minimum of 50 feet from the top of bank or center line of channel, whichever is wider.
(2)
All applications to harvest timber on a slope exceeding 25% shall conform to the following conditions:
(a)
Except as recommended and laid out by a certified or licensed professional forester and approved by the Township Engineer, all logging roads/skid trails shall be cut only horizontally across slopes, and no roads/skid trails may be cut vertically.
(3)
No timber harvesting shall take place in areas determined by the Township Engineer, with reference to published or commonly accepted guidelines, to be landslide-prone or flood-prone.
(4)
All roadway/skid trails must be repaired to prevent soil erosion and sedimentation and to prevent pooling of stormwater.
(5)
Proper erosion and sedimentation control measures shall be taken on disturbed property to prevent accelerated water runoff.
(6)
No commercial sale of wood or logs shall be permitted on the property unless zoning approval is obtained.
(7)
No tree may be cut which is the largest of its species in the commonwealth.
(8)
All soil or debris washed onto public streets during logging shall be cleaned up each day. Where adjacent properties, public or private, have suffered erosion or accumulation of soil and debris as a result of logging, such conditions shall be remedied before completing the logging operation or within three days after notification of the landowner by the Township that such conditions exist.
(9)
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
(10)
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
(11)
All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the surface of the ground.
(12)
No tops or slash shall be left within five feet or across the boundary of any property adjoining the operation. Treetops and other logging debris should not exceed seven feet in height above the ground surface.
(13)
Litter resulting from a timber harvesting operation shall be removed from the site and surrounding areas upon completion of the project.
(14)
There shall be no trespassing upon adjoining properties.
(15)
The daily timber harvesting operation shall begin no earlier than 7:00 a.m. and shall end no later than 7:00 p.m.
E.
Responsibility for road maintenance and repair; road bonding.
(1)
The landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic. Pursuant to 67 Pa. Code, Chapter 189, the landowner or operator shall furnish a bond to the Township to guarantee the repair of such damages.
(2)
If the Township roads proposed to be utilized are posted with weight limits, the posted tonnage shall not be exceeded, or the procedure below shall be followed:
(a)
The landowner and/or operator shall pay for the videotaping of the roadways, within the proposed limits of use, prior to allowing any loaded vehicles on the roadways. The taping shall be performed by an independent firm or organization approved by the Township and performed in the presence of a Township representative. The taping shall depict all significant cracks and raveling of the pavement in a continuous mode from beginning to end points; and
(b)
The video shall be submitted to the Township for review and safe keeping; and
(c)
A bond shall be submitted to the Township in an amount specified by the Township Engineer; and
(e)
If a comparison between the initial and subsequent videotapes reveals that new damage is present, the Township will not release the bond unless and until:
F.
Fees.
(1)
Payment of a nonrefundable fee for processing of a logging application shall accompany the application. The fee shall be as fixed by resolution of the Township Supervisors.
(2)
When a permit is issued, the applicant shall also reimburse the Township for reasonable fees charged by the Township Engineer and any forestry consultant retained by the Township for reviewing the application. Such fees shall be in accord with a written schedule of fees submitted by the Township Engineer to the Township.
G.
Enforcement.
(1)
Township officers may enter upon the land in question before, during or after a logging operation in order to determine whether a logging application or operation complies with this section.
(2)
If any logging is done in violation of this section, the Township may do any or all of the following:
(a)
Bring action in court at law or in equity to prevent, restrain, correct, determine or abate such violation.
(b)
Revoke or suspend any logging permit that has been granted and impose a cease-and-desist order. Such action shall be appealable to the Township Supervisors within 30 days of notice of revocation.
(c)
Bring action before the District Justice to impose penalties for violation.
§ 210-69 Animal crematorium facilities.
A. ANIMAL CREMATORIUM FACILITY
Definitions. As used in this section, the following terms shall have the meanings indicated:
Establishments that operate sites, facilities or structures reserved for cremating animal remains shall be operated consistent with accepted and approved industry standards and licensing for such facilities.
B.
An animal crematorium facility shall have frontage on and direct vehicular access to an arterial or collector street.
C.
An animal crematorium facility may be located within an existing building or structure on property being used for the practice of veterinary medicine.
D.
All animal crematorium facilities and similar structures shall be screened from adjacent residential properties by appropriate planting or fences approved by the Township on the basis of design, aesthetic quality and general adequacy.
E.
All equipment for the use shall be properly stored when not in use.
F.
The building architecture and design for any crematorium building use shall have an architectural design or a residential character to be compatible with the existing neighborhood. The applicant shall submit architectural design plans for review by the Township with the conditional use application.
§ 210-70 Marinas, docks, piers and other water-related uses.
A.
Docks, piers, and other water-related uses may be permitted in or along the Raccoon Creek or Ohio River and other streams or water bodies in Potter Township but shall be subject to all applicable rules, regulations, and permit requirements of the Federal Emergency Management Agency and the Pennsylvania State Fish and Boat Commission. In addition, such uses must adhere to the following standards:
(1)
Docks and all other water-related uses shall be installed so that they create no rise in the one-hundred-year flood level. When there is a threat of a flood, temporary docks shall be removed from the floodplain.
(2)
Temporary docks must be removed from the floodplain by their owner during the off-season.
(3)
Docks shall be located no closer than 100 feet to any other dock.
(4)
No variance shall be granted to any of the requirements of this section which would cause a rise in elevation of the one-hundred-year floodplain or be contrary to the requirements of the National Flood Insurance Program.
(5)
Dockage areas. Design of the dockage areas shall provide public access to the riverfront while preserving the privacy of dockers. Boat owners shall not be permitted to use parking areas for repair or maintenance purposes. Provisions shall be made for vehicular unloading areas in proximity to the dockage area. One transient dock space shall be provided for every 20 seasonal dock spaces.
B.
Boat launch ramps are permitted, subject to:
(1)
Safe access shall be provided from a public street.
(2)
Adequate area shall be provided for vehicles and trailers to turn around to back onto the ramp.
(3)
The ramp shall be constructed of impervious materials, and parking areas shall be mud-free.
(4)
Emergency access through the ramp shall be maintained at all times.
(5)
Safety regulations governing the use of the boat ramp shall be posted at the entrance to the boat ramp.
C.
Docks, piers and boat launch ramps used primarily for industrial purposes are exempt from this section.