In addition, wall signs shall be the only permissible sign type for adult-oriented establishments.

Moving, rotating, swinging, animated or flashing signs of any kind shall be prohibited.

Signage shall not display any nude, obscene, or graphic content.

Minimum lot size shall be 50 acres.

The airport may include accessory uses such as hangars, fuel storage and restaurant.

All new structures shall be separated by a minimum of 100 feet.

The perimeter of the property shall be fenced unless otherwise determined by the Board of Supervisors.

The control tower or communication tower may be permitted to a maximum height of 100 feet unless otherwise approved by the Federal Aviation Administration.

An additional ten-foot setback shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential development.

A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical (4:1) change in elevation. The mound shall be landscaped with plants that provide four seasons of buffer not including turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent properties.

Billboard signs shall not exceed 64 square feet on any one parcel. The parcel must be a separate, subdivided tract, or lot, and far enough away from adjacent properties so as to not effect or damage adjacent properties in case of collapse. All applications for billboards must be submitted to the Planning Commission for review and consideration. Final approval is required by the Board of Supervisors.

The billboard structure may have sign faces placed back to back or in a V-shaped configuration on a single billboard structure.

A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.

If the billboard foundation is visible from the right-of-way, the entire base of the billboard structure shall be permanently landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.

Grass, sod or turf shall not be considered an acceptable plant for use within landscaped buffer yards.

Landscaping shall be maintained by the billboard sign owner in an attractive and healthy manner in accordance with accepted conservation practices.

Permanent landscaping shall form a base and/or backdrop to the billboard sign when practical in the opinion of the Zoning Officer.

All grading shall be in accordance with West Deer Township and Commonwealth of Pennsylvania regulations.

No bare earth cuts are permitted on a hillside.

All earth cuts or fills are to be permanently seeded or planted to prevent erosion.

A billboard with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum of zero foot-candle upon an adjoining lot.

No billboard shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties because of movement, flashing or emitting noise. All display lighting shall be designed in accordance with PennDOT regulations.

The use of colored lighting for exterior spot lighting or uplighting is not permitted.

A billboard structure shall be entirely painted every three years.

Every 10 years, the owner of the billboard shall have a structural inspection made of the billboard by an engineer or an architect and shall provide to West Deer Township a certificate from an engineer or architect attesting that the billboard is structurally sound.

Inspections of the billboard may be conducted by West Deer Township to determine compliance with the provisions of this chapter.

Billboards found to be in violation of this chapter shall be brought into compliance or shall be removed within 30 days upon proper notification by West Deer Township. Failure to comply shall be a violation of this chapter.

Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure.

Minimum lot size: 1 1/2 acres.

Minimum lot width: 150 feet.

Minimum front yard setback: 50 feet.

Minimum side yard setback:

Minimum rear yard setback: 50 feet.

No structure shall exceed five stories above ground, or 72 feet in height, whichever is less. Height shall be measured from the average ground finished elevation to top of parapet, except that all structures on top of the roof, including cooling and water towers or stacks in connection with heating or ventilation, elevator equipment or satellite dishes situate on the roof shall not be factored into the measurement.

For any structure which exceeds 2 1/2 stories above ground, or 35 feet in height, and adjoins a residential use or zoning district shall be set back 100 feet.

The applicant shall contact all owners of surrounding communications towers and tall structures within one mile of the proposed communications tower in order to determine if the proposed antenna and related equipment can be located on an existing structure. As part of the application, the applicant shall demonstrate at least one of the following reasons for forgoing collocation on an existing communications tower or other tall structure.

An applicant who can utilize any existing communications tower or other tall structure shall make a good faith effort to utilize the existing communications tower structure rather than construct a new tower and shall provide written proof of such good faith efforts.

If an existing communications tower or other tall structures is within a one-mile radius of the proposed tower and the applicant does not contact owners of such tall structures or does not make a good faith effort as described above, West Deer Township may deny the request for conditional use approval based on such inaction.

If the applicant succeeds in co-locating an antenna on an existing communications tower or other tall structure, the regulations applicable to communications antenna mounted or located on existing or newly constructed buildings, light poles/standards or on utility transmission poles and communications equipment buildings/cabinets shall be adhered to.

The Pennsylvania Wireless Broadband Collocation Act applies to applications for modification, replacement and collocation that meet all of the following requirements:

An application for replacement, collocation or modification of a wireless telecommunications facility or wireless support structure entitled to processing under this section shall be reviewed for conformance with the Township's applicable building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment, but shall not be subject to the issuance of new zoning or land use approvals or review beyond the initial zoning or land use approvals issued for the previously approved wireless support structure or wireless telecommunications facility. Replacement of wireless telecommunications facilities on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Township.

Any applicant proposing the co-location or modification of a non-tower WCF shall submit a building permit application to the Township.

Timing. Within 30 calendar days of the date that an application for a commercial communications antenna 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.

Standard of care. Any tower-based facilities 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 facility 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.

Gap in coverage. An applicant for a tower-based facility 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 facility being proposed is the least intrusive means by which to fill that gap in wireless coverage.

Setbacks. The following building setbacks shall be adhered to by all communications towers:

Height.

Lighting. Lighting for communications towers shall be in accordance with the following regulations.

Access. If any new access to the lot is proposed, the following regulations shall be adhered to:

Fencing/signage. If deemed necessary by the Township, fencing and/or signage may be required in accordance with the following regulations:

Abandoned towers.

Land development. In addition to the conditional use approval, all applicants who propose a communications tower shall submit for approval a land development plan indicating antenna location, height and design, proposed access, drainage improvements with a stormwater management plan, and a landscaping plan in accordance with the provisions of this chapter.

Noise.

Application requirements. The applicant proposing to construct a communications tower shall provide:

Health and safety conditions. The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include but are not limited to increased setbacks.

Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based facility, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed facility's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional use hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

Visual appearance and land use compatibility. Tower-based facility shall comply with the Township's written aesthetic standards. In the absence of such standards, Tower-based facilities shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Township, or shall have a galvanized finish. All tower-based facilities and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. Towers requiring guy wires as a part of the tower construction are prohibited in the Township. The Township's Board of Supervisors shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

Additional non-tower facilities/antenna. As a condition of approval for all tower-based facility, the applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate non-tower antenna on the tower where technically and economically feasible. The owner of a tower shall not install any additional non-tower antenna without obtaining the prior written approval of the Township.

Wind. All tower-based facility shall be designed to withstand the effects of wind according to the most recent standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(s) space on the tower-based wireless communications facility. Landscaping shall be provided along the perimeter of the tower base and transmitting equipment area to provide a visual screen or buffer for adjoining private properties and the public right-of-way.

Retention of experts. The Township may hire any consultant and/or expert necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based facility and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the facility shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Timing of approval. Within 30 calendar days of the date that an application for a tower-based facility is filed with the Township, the Township shall notify the facility applicant in writing of any information that may be required to complete such application. All applications for tower-based facilities shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based facility and the Township shall advise the facility applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the facility applicant to provide the information shall not be counted toward the 150-day review period.

Tower-based facility's constituting small wireless communications facilities (SWFC) shall be subject to the following timelines:

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 facility, as well as associated inspection, monitoring, and related costs.

Reimbursement for right-of-way (ROW) use. In addition to application and permit fees and associated costs as described in this chapter, every facility located in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each facility shall pay an annual fee to the Township to compensate the Township for the Township's cost incurred in connection with the activities described above.

FCC license. Each person or entity that owns or operates a tower-based facility shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any tower-based facility for numerous factors, including but are not limited to, visual impact, design, and safety standards.

Insurance. Each person or entity that owns or operates a tower-based facility greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based facility. Each person or entity that owns or operates a tower-based facility 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based facility. All such coverages shall be continuously maintained during the period that such tower-based facility is in place and the certificate of insurance shall provide that the Township shall be given written notification at least 30 days in advance of the expiration or cancellation of such coverages.

Indemnification. Each person or entity that owns or operates a tower-based facility shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based facility. Each person or entity that owns or operates a tower-based facility shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based facility. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Engineer signature. All plans and drawings for a tower-based facility shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

Sole use on a lot. A tower-based facility shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet. The lot shall meet the minimum lot area of the district in which it is located. The minimum distance between the base of a tower-based facility and any adjoining property line or street right-of-way line shall equal 100% of the proposed facility structure height or the minimum required setbacks for the district, whichever is greater.

Combined with another use. A tower-based facility may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

The canopy is not attached to the principal building.

The canopy shall not be enclosed.

The canopy shall be located a minimum of 50 feet from any property line or street right-of-way.

The canopy shall be removed immediately if the principal use is changed or discontinued.

Front yard: 25 feet.

Rear yard: 40 feet.

Side yard (non-party-wall): 12 feet.

Street side or corner lot: 25 feet.

A well pad which would be placed more than 750 feet from any existing principal structure, located off the property where the well pad is sited, may be permitted as a conditional use only in the R, RE, R-1, R-2, R-3 and I Zoning Districts provided such property upon which the well pad would be placed is 10 contiguous acres or more in size. Accessory pads and brine storage shall be located not less than 750 feet from any principal structure, located off the property where the well pad is sited.

A shallow well site which would be placed more than 300 feet from any principal structure located off the property where the shallow well site is sited, may be permitted as a conditional use only in the R, RE, R-1, R-2, R-3, R-4, C-2, S-U, and I Zoning Districts provided such property upon which the shallow well site would be placed is two acres or more in size.

A natural gas compressor station or any similar facilities performing the equivalent functions which would be located more than 1,200 feet from any principal structure located off the property where the natural gas compressor station or similar facility is located may be permitted as a conditional use only in the R, R-1, and I Zoning Districts.

A natural gas processing plant or any similar facilities performing the equivalent functions which would be located more than 1,200 feet from any principal structure located off the property where the natural gas processing plant or similar facility is located may be permitted as a conditional use only in the I Zoning District.

The conditional use application shall be accompanied by a fee as established in the Township's schedule of fees. In addition, any direct costs associated with the review of an application or related studies will be paid by the applicant. This includes any direct costs associated with hiring a third party to assist in the review of the application and related documents. Unpaid costs will be a basis for the Township to deny future applications for that well operator.

Any modification to an existing and approved shallow or deep well site that materially alters the size, location, number of wells or accessory equipment or structures, or shall require a new conditional use approval under this chapter. Like-kind replacements shall not require a conditional use approval modification.

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 from the Township staff before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation.

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.

The applicant shall provide to the Township at the time of submitting its conditional use application:

Well operator shall comply with any generally applicable bonding and permitting requirements for Township roads that are to be used by overweight vehicles and equipment for development activities. For state and county roads located within the Township, well operator shall provide a copy of the highway occupancy permit for overweight vehicles to the Township. Well operator shall provide a transportation route map which depicts the roads to be utilized in the Township. The well operator shall inventory the condition of any Township roads to be used and shall provide video and photo documentation to the Township. The well operator shall also submit at the time of application a road restoration plan that indicates how the well operator plans to address damage to Township roads during construction and after construction is complete. Prior to the commencement of any activity at the approved deep well site, the applicant shall enter into a Township roadway maintenance and repair agreement (the "repair agreement") with the Township, in a form acceptable to the Township regarding maintenance, repair and bonding of Township roads that are to be used by vehicles for oil and gas development activities. Without limiting the generality of the foregoing, the repair agreement shall address the bonding requirements to be imposed against the applicant, in the Township's sole reasonable discretion, and shall identify the responsibilities of the applicant to prepare, maintain, and repair Township roads, before, during, and immediately after drilling operations associated with oil and gas development. Corrective action shall be taken by the well operator as and when directed by the Township.

Well operator shall take the necessary safeguards to ensure that all roads utilized remain free of dirt, mud and debris resulting from development activities and shall ensure such roads are promptly (within 24 hours) swept or cleaned of dirt, mud and debris. Ingress and egress points shall be located to comply with applicable PennDOT design standards, and shall meet transition grades, turning radii, and accommodate traffic capacity to provide for efficient movement.

Well operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted as reasonably determined by the Township, during periods of anticipated heavy or frequent truck traffic associated with development, well operator shall provide flagmen to ensure the safety of children at or near schools or school bus stops and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.

Well operator shall not clear brush or trees by way of burning. However, well operator shall be permitted to, consistent with any relevant outdoor burning ordinance(s), laws and regulations, burn any brush, trees, or stumps that have been removed from the ground and collected into a pile or piles on the properties where the well operator is engaging in oil and gas development. Copies of all applicable Allegheny County open burning permits shall be provided to the Township. In addition to the requirements of Allegheny County, the well operator shall supply a water truck at the site that is large enough to completely extinguish the fire if needed.

Before any oil and gas development activities, the Township shall ascertain whether the Township's Police and Fire Departments have secured adequate information and training to deal with any potentially dangerous conditions that may result due to oil and gas development activities. Emergency responders shall, upon request from the Township and at the well operators sole cost and expense, have on-site training orientation with respect to the PPC and providing adequate awareness information prior to oil and gas development activities. The well operator will provide at least 30 days' notice of on-site training and orientation. Such site orientation shall also be made available immediately after any substantial modification to the oil and gas well site, and not less than annually during the period when the well operator anticipates drilling activities in the Township. An inventory of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases and solids shall be updated annually and filed with the local fire departments. In addition, the well operator shall provide evidence of a contingency plan in the event of an emergency that is beyond the scope and/or expertise of local emergency responders which shall include the identification and location of third-party emergency responders with the ability to address such an emergency.

Well operator shall take the necessary safeguards to ensure appropriate dust control measures are in place. The dust control plans shall be approved by the Township prior to construction starting. The Township shall have the right to require additional dust control measures, up to and including stopping truck traffic, if dust control complaints arise.

Recognizing that the specific location of equipment and facilities is an important and integral part of oil and gas development, well operator shall locate its temporary and permanent operations where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future Township development activities. The Township Engineer will review the site plan with consideration of private property usage and future development.

At least 10 days prior to commencement of drilling, the well operator shall provide to the Township Zoning Officer a copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection ("DEP"). Revocation of any federal, state, municipal, or other required approvals applicable to the use shall constitute an automatic revocation of the conditional use approval.

The well owner/well operator shall provide the Township with contact information which will allow its representatives to be contacted 24 hours a day, seven days a week to address emergencies, complaints, or other issues. Contact information shall also be clearly posted at the entrance to the site.

Hours of permitted construction of the proposed well pad, access road or other gas well facilities shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday only, excluding holidays. However, twenty-four-hour drilling and fracturing shall be permitted.

Access.

Structure height.

Setbacks.

Screening and fencing.

Lighting.

Noise.

The well owner/well operator shall contact the local school districts and establish school bus curfews where no truck traffic will occur during the travel times of school buses. This will also include two-hour delays and early dismissals or school functions such as homecoming and prom depending on location of the well pad. It will be the obligation of the well owner/well operator to establish a system to comply with this requirement.

The well owner/well operator shall contact the Township and local police department to ensure all Township functions such as parades, community days or other community functions are also protected from truck traffic during those time frames.

The well owner/operator shall disclose an anticipated truck traffic report for each project/supporting operation. The report shall state the anticipated truck traffic per day, week and month.

Staging of trucks, truck escorts, or other methods approved by the Township shall be used to prevent excess concentrated truck traffic.

Compression releasing engine braking and Jake Brakes shall be prohibited. An exemption can be obtained in cases of steep slopes that pose safety concerns when appropriate documentation is provided to the Township. The operator is required to post "no engine brake" signs at 1/2 mile intervals on the truck travel routes.

The well owner/well operator shall provide traffic control, including flag men, traffic control devices and escorts during heavy periods of truck traffic or upon Township request, in order to maintain the safe flow of traffic along truck routes.

No streets serving exclusively residential neighborhoods shall be utilized.

The applicant shall submit a traffic impact study and description of the plan for transportation and delivery of equipment, machinery, water, chemicals, products, materials, waste products and other items that will be utilized or produced in the siting, drilling, stimulating, completion, alteration and operation of the well pad and any accessory use within the well site. Such description shall include documentation and expert testimony for the following.

An impoundment is an accessory to a well pad and is located within the boundaries of the well site with the well pad that it services and other accessory uses.

An impoundment shall only be used to store fresh water.

An impoundment cannot be used to store impaired water (water used during the fracturing process).

All impoundments shall be surrounded by the fence that is required by this section to surround the entire well site.

As an accessory to a well pad, the fresh water impoundment shall only be used to service the well pad that it is accessory to and not as a centralized impoundment facility or to service any other well pads.

No reserve pits shall be permitted.

No injection wells shall be permitted.

No drilling shall be allowed in the floodway or floodplain designated as such in the Flood Insurance Study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps.

No impoundment shall be used for impaired water.

No on-site worker housing shall be permitted.

No on-site disposal of wastes of any kind shall be permitted.

Prior to any oil and gas development, natural gas processing plants or natural gas compressor stations, operations or related site work, the operator shall furnish to the Township a certificate of liability insurance naming the Township as an additional insured with respect to its operations conducted within the Township, showing proof of liability insurance covering commercial, automobile, personal injury, and general liability in amounts not less than $25,000,000 per occurrence. The operator shall fully defend, protect, indemnify, and hold harmless the Township, its departments, agents, consultants, officers, employees, insurers or volunteers from and against claim, damages (including attorneys' fees) for personal injury and/or property damage arising from or related to the well owner/well operator's activities. The insurance coverage may consist of a combination of self-insurance, excess coverage and umbrella coverage.

If surface water from any access road is anticipated to be redirected off the property onto adjoining property, the well owner/well operator shall submit to the Township, prior to the approval of any conditional use application, a deed of easement, release and right of entry agreement or similar document or agreement, signed by the adjoining property owner(s) and well owner/well operator, in a recordable form, evidencing such property owner's permission to discharge surface water onto their property. Such surface drainage shall be consistent with rule and regulations adopted and/or enforced by the DEP.

Upon receipt of a written complaint from any property owner that the quantity or quality of the water supply for the property has been affected by the drilling operations thereupon, the Township shall report the same to the well owner/well operator. Within 10 days of receipt of such written notice, the well owner/well operator shall perform a well recovery rate (flow) test for affected water wells or developed springs on the property and shall submit the results of same to the Township and property owner. The Township shall immediately forward a copy of the original flow test results submitted as part of the conditional use application, together with the post-complaint flow test results to the DEP for disposition pursuant to the Oil and Gas Act, and any regulations associated with same.

In the event the DEP takes, or requires the well owner/well operator to take, remedial action to correct deficiencies in the water quality or quantity on the property, or if private remedial measures to correct deficiencies in the water quality or quantity on the property have occurred, the Township may declare the drilling operations on the property to be a "public nuisance" pursuant to the Oil and Gas Act, and thereafter revoke or suspend any conditional use approval hereunder and pursue its right under law to restrain such conditions pursuant to the oil and gas Act.

Nothing in this section shall be deemed or construed to limit the ability or any affected property owner from making a complaint directly to the DEP or pursuing any other private action or claims, at law or in equity, in any court of competent jurisdiction regarding any water supply deficiencies caused, or alleged to be caused, by any well owner/well operator.

Well operator, at well operator's sole cost and expense, shall test the effluent of all water wells and water sources used by any residence or business within 1,000 feet of any deep well site. The water test shall, at a minimum, establish the base chemical composition of such well and surface water supplies prior to the commencement of any oil and gas development. All test results shall be provided, by certified mail, to the Township and to each owner of the surface rights to the real property upon which such water well or water source is located.

Animal hospitals.

Automobile sales, rental, service and repair shops.

Beauty shops and barbershops containing more than one chair.

Clinics, hospitals, nursing homes, group care facilities.

Kennels.

Funeral homes.

Private clubs.

Private instruction to more than three students at a time (excluding home schooling for students that live in residence).

Restaurants.

Keeping of horses.

All of the foregoing standards for a home occupation are met.

Evidence of licensing by the Commonwealth of Pennsylvania shall be presented at the time of application and the licenses shall be maintained throughout operation of the day-care home.

An adequate area for outdoor recreation shall be provided and shall be secured by a fence with a self-latching gate.

A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.

Front yard: 25 feet.

Side yard: 12 feet.

Street side on corner lot: 25 feet.

Rear yard: 25 feet.

Accessory use: three feet.

Maximum height: 16 feet.

The maximum number of mobile home lots within each mobile home park shall be not more than seven lots per acre of the total area of the mobile home park.

The minimum mobile home lot size shall be not less than 6,000 square feet of area.

All mobile home lots shall abut on a street of the mobile home park internal street system.

Each mobile home lot shall be provided with a permanent frost-free foundation and each lot shall have available adequate provisions, such as anchor bolts and tie-down straps, to assure that each mobile home has available to it a means of securing the home to its site.

Water supply and sewage disposal system connections shall be provided to each mobile home lot within a mobile home park.

Two spaces for manager's office;

One space for each 10 storage units equally distributed throughout the storage area; and

One space for each 25 storage units, which spaces shall be located near the manager's office to be used by prospective clients.

Office, business less than 5,000 square feet.

Retail/business store less than 5,000 square feet.

Restaurant, no drive through less than 5,000 square feet.

Personal services less than 5,000 square feet.

An additional ten-foot setback shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential development.

A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical (4:1) change in elevation. The mound shall be landscaped with plants that provide four seasons of buffer not including turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent properties.

SEFs are permitted by conditional use on property located in the Rural Estate District provided they are not located in or on the following:

Exemptions. Any physical modification to an existing SEF that expands the SEF, whether or not existing prior to the effective date of this subsection, shall require approval from the Board of Supervisors. Routine maintenance or like-kind replacements do not require approval or additional permitting.

Standards. The SEF layout, design and installation shall comply with applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations. It shall also comply with the PA Uniform Construction Code, Act 45 of 1999,[3] as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the Uniform Construction Code (UCC), except where another applicable industry standard has been approved by the Department of Labor and Industry under its regulatory authority.

The SEF layout, design and installation shall comply with all other applicable fire and life safety requirements. This includes those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories (UL), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other equivalent certifying organizations.

Solar panels must pass the United States Environmental Protective Agency (US EPA) Toxicity Characteristic Leaching Procedure Test (TCLP) to evidence their non-toxic status and be UL listed. It is also encouraged that the applicant purchase the solar panels from a manufacturer that participates in the US Solar Industry Association recycling program or has another specific recycling contract. The manufacturer specifications for the key components of the SEF shall be submitted as part of the application, including composition, toxicological information and the physical and chemical properties of all panels and energy storage devices.

A gravel berm shall be installed extending at least 30 feet under and around any storage structure, and shall be of sufficient size to serve as a fire break.

Installers. SEF installers must certify that they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:

Utility lines. All on-site electric lines and plumbing shall be placed underground to the greatest extent feasible.

DC voltage solar array connections may be located above ground. AC solar facility connections should be located underground unless Developer proves that due to environmental impacts, underground AC solar facility connections are not feasible.

The applicant shall include a construction transportation plan that shows all roadways that will be utilized to access the SEF. The plan shall address conditions for repair or replacement if damage to Township roads occurs during construction activities. The plan shall require the applicant and its contractors to enter into a road maintenance agreement with the Township and bond Township roads. The construction transportation plan shall be approved by the Township prior to construction. Traffic control is required to ensure resident safety and to allow continued flow of traffic, particularly during any construction activities. Furthermore, prior to commencement of construction, the SEF owner/operator shall coordinate with Deer Lakes School District to coordinate construction and equipment traffic to avoid construction traffic during school drop-off and pickup times.

The applicant shall collaborate with emergency service professionals servicing the location of the SEF. These emergency service professionals shall include, but are not limited to, the West Deer Volunteer Fire Department #1, the West Deer Volunteer Fire Department #2, the West Deer Volunteer Fire Company #3, West Deer EMS, the Township Zoning Officer and the Township Manager. The applicant shall prepare an emergency response plan and ensure that emergency service professionals can safely, effectively, and reasonably respond to an emergency involving an SEF. The emergency response plan shall include site orientation, location and review of safety data sheet documentation, review of emergency vehicle access, location of significant structures including the emergency shutoff devices (ESD) and what is rendered safe by activating these devices, and other matters as deemed necessary by the Township. The emergency response plan must be submitted with applicant's conditional use application materials. The SEF owner/operator must provide training to emergency service professionals regarding implementation of the emergency response plan. All costs associated with specialized training and any necessary specialized equipment required to implement the emergency response plan shall be paid for by the SEF owner/operator.

If the SEF is being used as an accessory use to commercial/industrial activity on another property, then the Township shall be informed of the intent of the SEF in the applicant's application materials.

No advertising. No portion of the SEF shall contain or be used to display advertising. A small sign at the SEF vehicular entrance gate is required to state the owner of the SEF, emergency contact information including a current operating phone number that is answered 24 hours/day, seven days/week, and address information. During construction, the name and contact information for the general contractor shall also be posted at the entrance gate. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the SEF provided that such signage complies with the applicable Township sign regulations.

All SEFs shall be designed and located to ensure solar access without reliance on and/or interference with adjacent properties.

By accepting a permit issued by the Township for the SEF, the applicant shall be deemed to have acknowledged and agreed that the issuance of said permit shall not, and does not, create in the property owner, its/his/her successors and assigns in title or permit, create in the property itself:

Noise/noise management. An acoustical study that addresses noise produced during construction and during the SEF's operation shall be included with the permit application for review and approval by the Township.

Glare. The applicant has the burden of proving that any glare produced by the SEF does not have adverse impacts on neighboring or adjacent uses either through siting or through mitigation. The applicant shall provide a completed Glare Study ensuring that glare created by the SEF does not fall into the "red category" of glare as used in Sandia's Solar Glare Hazard Analysis Tool (SGHAT) or similar commercially available glare analysis tool as approved by the Township with a one-minute interval over the course of an entire year. All adjacent roads and non-participating property owners' residences within 1,000 feet must be included in the Glare Study.

Decommissioning. The following requirements apply to decommissioning:

The SEF development area is equal to the total acres of land subject to lease or owned by the SEF owner/operator. Where the area of land subject to the lease or owned is greater than 75% of the parcel, the entire parcel will be considered to be the SEF development area.

Minimum lot size. The ground-mounted SEF shall be located on a lot that is to be at least 10 acre(s) in size.

Setbacks. Ground-mounted SEFs shall be setback a minimum of 100 feet from property lines and 500 feet from any non-participating owner's existing occupied residential structure. Additionally, all inverters shall be setback 650 feet from all adjacent non-participating owner's residential structures.

Height. Ground-mounted SEFs and associated components shall comply with the height regulations for the zoning district in which the SEF is located.

Stormwater management.

Screening and buffering. Ground-mounted SEF shall be screened and buffered in accordance with the following standards:

Security.

Access.

Lighting.

Maintenance. The Solar Energy Facility must be properly maintained and be kept free from all hazards including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.

Roof- and wall-mounted solar energy facilities are permitted by conditional use in the Rural Estate District where the building upon which they will be mounted is a permitted use.

In addition to the regulations set forth above, the applicant must comply with the following requirements:

Permitted locations. BESS are permitted by conditional use on property located in the Rural Estate District provided they are not located in or on the following:

Nonconformance. BESS constructed prior to the effective date of this subsection shall not be required to meet the terms and conditions of this subsection. Any physical modification to an existing BESS, whether or not existing prior to the effective date of this subsection that materially alters the BESS after the effective date of this subsection, shall require compliance with and approval under this subsection. Routine maintenance or like-kind replacements do not require a permit additional batteries and sub.

Standards. The BESS layout, design and installation shall conform to applicable industry standards or other similar certifying organizations, and shall comply with the Township's Building Code, and with all applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

All batteries integrated within the battery energy storage system shall be listed under UL 1973 or any successor equivalent standards. The BESS shall be listed in accordance with UL 9540, either from the manufacturer or by field evaluation.

Maintenance. Upon installation, the BESS shall be maintained in good working order in accordance with the standards of the applicable codes under which the BESS was constructed. Failure of the property owner to maintain the BESS in good working order is grounds for appropriate enforcement action by the Township Zoning Officer.

The applicant shall include a construction transportation plan that shows all roadways that will be utilized to access the BESS. The plan shall address conditions for repair or replacement if damage to Township roads occurs during construction activities. The plan shall require the applicant and its contractors to enter into a road maintenance agreement with the Township and bond Township roads. The construction transportation plan shall be approved by the Township prior to construction. Traffic control is required to ensure resident safety and to allow continued flow of traffic, particularly during any construction activities. Furthermore, prior to commencement of construction, BESS owner/operator shall coordinate with Deer Lakes School District to coordinate construction and equipment traffic to avoid construction traffic during school drop-off and pick-up times.

The applicant shall collaborate with emergency service professionals servicing the location of the BESS. These emergency service professionals shall include, but are not limited to, the West Deer Volunteer Fire Department #1, the West Deer Volunteer Fire Department #2, the West Deer Volunteer Fire Company #3, West Deer EMS and the Township Zoning Officer, and the Township Manager to prepare an emergency response plan and ensure that emergency service professionals can safely, effectively, and reasonably respond to an emergency involving an BESS. The emergency response plan shall include site orientation, location and review of safety data sheet documentation, review of emergency vehicle access, location of significant structures including the emergency shutoff devices (ESD) and what is rendered safe by activating these devices, and other matters as necessary. The applicant shall develop an emergency response plan, a copy of which must be submitted with applicant's conditional use application materials. The BESS owner/operator must provide training to emergency service professionals regarding how to implement the emergency response plan. All costs associated with specialized training and necessary specialized equipment to implement the emergency response plan shall be paid for by the BESS owner/operator.

If the BESS is being used as an accessory use for commercial/industrial activity on another property, then the Township shall be informed of the intent of the BESS in the applicant's application materials.

No advertising. No portion of the BESS shall contain or be used to display advertising. A small sign at the BESS vehicular entrance gate is required to state the owner of the BESS, emergency contact information including a current operating phone number that is answered 24 hours/day, seven days/week, and address information. During construction, the name and contact information for the general contractor shall also be posted at the entrance gate. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the BESS provided they comply with the applicable sign regulations.

All BESS shall be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.

Noise/noise management. An acoustical study that addresses noise produced during construction and during the facilities' operation shall be included with the conditional use application for review and approval by the Township.

Decommissioning. The following requirements apply to decommissioning for BESS:

Minimum lot size. The BESS shall be located on a lot that is to be at least 50 acre(s) in size.

Setbacks. The BESS shall be setback a minimum of 250 feet from property lines and 750 feet from any non-participating owner's existing occupied residential structure.

Height. BESS and associated components shall comply with the height regulations for the zoning district in which the BESS is located.

Screening and buffering. BESS shall be screened and buffered in accordance with the following standards:

Security.

Access.

Lighting.

Maintenance. The BESS must be properly maintained and be kept free from all hazards including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.