text:
[HISTORY: Ord. No. 302, passed 12-12-1971; as amended by Ord. No. 326, passed 3-18-1976; Ord. No. 350, passed 6-2-1981; Ord. No. 378, passed 1-29-1987; Ord. No. 397, passed 11-14-1990; Ord. No. 411, passed 10-14-1992; Ord. No. 420, passed 2-9-1994; Ord. No. 429, passed 12-13-1995. Subsequent amendments noted where applicable.]
GENERAL REFERENCES430a Table A 430b Table A1
Planning Commission — See Ch. 162.
Floodplain construction, development and management — See Ch. 230.
Comprehensive planning — See Ch. 420.
Subdivision and land development — See Ch. 440.
Stormwater management — See Ch. 445.
Planned residential development — See Ch. 460.
Title. This chapter may be cited as the Crescent Township Zoning Code.
Defined words. Words used in a special sense in this chapter are defined in § 430.06.
Community development objective. The community development objectives which are the basis for the provisions of this chapter are set forth in the Comprehensive Plan as adopted and amended by the Board of the Township.
Zoning Map. A map entitled "Crescent Township Zoning Map" is hereby adopted as a part of this chapter. The Zoning Map shall be kept on file for examination in the office of the Secretary-Manager.
Compliance. No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged; nor shall any structure or land be used or be designed to be used, except in full compliance with all the provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter.
[Ord. No. 508, passed 9-12-2007; Ord. No. 514, passed 10-8-2008; Ord. No. 442, passed 8-13-1997; Ord. No. 458, 7-14-1999; Ord. No. 457, passed 7-14-1999]
District boundaries. District boundaries shown on the lines of roads, streams and transportation rights-of-way shall be deemed to follow the center lines. The vacation of roads shall not affect the location of such district boundaries. When the Zoning Officer cannot definitely determine the location of a district boundary by such center lines, by the scale of dimensions stated on the Zoning Map, or by the fact that it clearly coincides with a property line, he shall refuse action, and the Zoning Hearing Board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions of this chapter.
Permitted uses. The permitted uses for each district are shown on Table A appearing at the end of this chapter. Uses not specifically listed shall not be permitted.
Conditional uses. The Board may authorize conditional uses as specified in Table A if all conditions and provisions of § 430.04 are met.
Height regulations. No structure shall exceed the building heights above average ground level set forth on Table A unless approved by the Zoning Hearing Board. The Board may authorize a variance to the height regulations in any district if:
All front, side, and rear yard depths are increased one foot for each additional foot of height;
The structure is any of the following and does not constitute a hazard to an established airport: television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers and scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles.
Lot and yard requirements. The minimum lot area, minimum width of lot, minimum depth of front yard, and minimum width of each side yard for each district shall be as shown on Table A.
Lots which abut on more than one street shall provide the required front yards along every street.
All structures whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies, or platforms above normal grade level, shall not project into any minimum front, side, or rear yard.
Any lot of record existing at the effective date of this chapter and then held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this chapter.
Nonresidential structures or uses shall not be located or conducted closer to any lot line of any other lot in any A or R District than the distance specified in the following schedule:
Minimum Side or Rear Yard Abutting Any Lot in Any R District
Off-street parking space and access drives for nonresidential uses
Churches, schools and public or semipublic structures
Recreation and entertainment facilities and all business and industrial uses
May be increased up to 40 feet on conditional uses.
Home occupations. Home occupations and professional offices as a subsidiary and subordinate use to residential units provided:
Official residences shall be maintained by the occupant who may be an owner, a renter or a lessee;
The subsidiary use shall be located in the principal dwelling building;
The subsidiary use shall not occupy more than 40% of the ground floor area of the principal dwelling building;
There shall be a minimum of two off-street parking spaces in addition to those required under the provisions of this chapter;
Not more than one nonresident shall be employed on the premises; and
Use of an accessory building for purposes related to the home occupation or professional office, shall be limited to the total ground floor area of the accessory building.
Nonconforming uses. The following provisions shall apply to all nonconforming uses:
When permitted. Subject to the provisions of this Section, a use of a building or land existing at the time of the legal adoption of this chapter may be continued even though such use does not conform with the provisions of this chapter for the district in which it is located.
Abandonment. A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such a nonconforming use. A nonconforming use shall be considered abandoned when one or more of the following conditions exist.
When the intent of the owner to discontinue the use is apparent.
When the characteristic equipment and furnishing of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days unless other facts show intention to resume the nonconforming use.
When a nonconforming use has been discontinued for a period of six months.
When it has been replaced by a conforming use.
When it has been changed to another use under permit from the Zoning Hearing Board.
Changes. No nonconforming building, structure or use shall be changed to another nonconforming use. Conversion of nonconforming buildings or structures into residential uses shall be permitted in the R-1 and R-2 Residential and A-1 Conservation Districts as a special exception under the following requirements:
The minimum yard and area requirements are in accordance with the district in which said conversion is located.
There shall be a maximum of four living units per converted nonconforming building or structure.
Each living unit contains a minimum of not less than 900 square feet of habitable living area.
Each living unit contains not less than one bathroom and three habitable rooms, at least one of which shall be a bedroom.
Separate and private sanitary facilities are provided for each living unit.
Fire and safety provisions are certified to be adequate by the Chief of the Township Volunteer Fire Department.
A minimum of two off-street parking spaces are provided for each residential unit.
Construction approved prior to legal enactment of this chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a zoning permit has been issued or the construction of which shall have been diligently prosecuted within two months of the date of such permit, and the ground story framework of which shall have been completed within four months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of legal enactment of this chapter.
District changes. Whenever the boundaries of changed so as to transfer an area from one district of a different classification, the shall apply to any nonconforming uses existing therein.
Extension. A nonconforming use may be extended as a special exception upon approval of the Zoning Hearing Board subject to the following provisions:
The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.
The extension does not encroach upon the land or height requirements of the district in which the nonconforming use is presently located.
The extension is for the purpose of expanding a nonconforming use which was in existence at the time of enactment of this chapter; provided, however, that extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this chapter will not be deemed an extension of a nonconforming use.
Recording. All nonconforming uses existing at the time of the legal enactment of this chapter shall be recorded and maintained for public use in the office of the Zoning Officer.
Restoration. Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or act of God, or due to deterioration subsequent to the date of legal acceptance of this chapter so long as reconstruction is initiated within one year of the date of damage.
Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of Township regulations or Codes in existence at the time of the effective date of legal enactment of this chapter.
Outside storage/junkyards. The following provisions shall apply to outside storage and junkyards:
All junkyards existing at the effective date of this chapter, within one year thereafter, and new junkyards where permitted shall comply with the following provisions:
No junk material, appurtenant structure or other enclosure shall be stored or placed within 50 feet of any adjoining property or public right-of-way and such setback area shall be kept free of weeds and scrub-growth unless the adjoining property is wooded.
Any junkyard shall be completely enclosed with a visual screen of evergreen or evergreen-type hedge where practical, or a maintenance-tree shadow fencing may be substituted, or tree row of a variety and size at the time of planting that such will attain a height of eight feet within three years thereafter and maintained in a sound and attractive manner.
All junk shall be stored or arranged so as to permit access by fire-fighting equipment and to prevent the accumulation of water and with no junk piled to a height of more than six feet.
No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning if permitted shall be attended and controlled at all times.
Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors.
Storage. No lot or premises shall be used as a garbage dump or a dead animal rendering plaint. No manure, rubbish or miscellaneous refuse may be stored in the open within any district where the same may be construed as a menace to public health or safety. No exceptions shall be made unless by amendment of the Zoning Code.
Special exceptions. The following uses may be authorized with such conditions as are deemed appropriate by the Zoning Hearing Board.
The accommodation of not more than two nontransient roomers as an accessory use to a single-family house provided that no sign is displayed.
Directional signs of a reasonable size in connection with any legal business or industry provided they contain no information other than instructions for convenience of vehicular traffic in reaching such business or industry.
Temporary structures and trailers used in conjunction with construction work may be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period.
In B-1 and B-2 Districts, side yard and rear yard requirements may be reduced to five feet minimums if access to that property and adjacent properties is certified to be adequate for fire and safety provisions by the Chief of the Township Volunteer Fire Department.
Signs. No sign, billboard, or exterior graphic display shall be permitted in any district except as herein provided:
In any district a sign not exceeding one square foot in surface size is permitted which announces the name, address or professional activity of the occupant of the premises on which said sign is located.
A bulletin board not exceeding 24 square feet is permitted in connection with any church, school or similar public structure.
A temporary real estate, construction or political sign of reasonable size is, with the permission of the property owner, permitted. Such sign shall be removed within seven days when it has fulfilled its function.
Business signs shall be permitted in connection with any legal business or industry when located on the same premises, and if they meet the following requirements:
Signs shall not contain information or advertising for any product not sold on the premises.
Signs shall not have a combined aggregate surface size greater than five square feet for each foot of width of the principal structure on the premises.
Signs and structures shall not be illuminated in any manner which causes undue distraction, confusion or hazard to vehicular traffic. Moving or flashing signs shall be prohibited.
Sign setback requirements:
Side yard. All signs shall be set back at least five feet from a side property line, except for the street side of corner lots, which shall comply with the front yard setback requirements.
Front yard. (1) Pole signs: neither such signs, nor the pole and foundation for such signs, shall extend over the cartway or sidewalk. The bottom of such signs shall be a minimum of eight feet above ground, but such minimum height shall be 14 feet where vehicular traffic circulates under the sign. (2) Freestanding ground signs: such signs shall not extend over the cartway or sidewalk and shall be maximum of six feet in height from the ground to the top of the sign.
Sign setbacks shall be measured from the edge of the sign nearest the side property line or cartway or sidewalk.
Off-street parking. Off-street parking spaces shall be provided in accordance with the specifications in this Section in any district whenever any new use is established or existing use is enlarged.
Parking Spaces Required
Two for each dwelling unit
Church, theater, school
One for every four seats in largest room
Stores, shops, restaurants, clubs, funeral homes
One for every 100 square feet of public floor space
Business services, warehouse, professional offices
One for every 250 square feet of net floor area
Manufacturing Plants
One for every two employees
One for every two beds
One for every rental unit
No off-street parking space shall have an area less than 200 square feet exclusive of access drives.
Any off-street parking lot for more than five vehicles shall be graded for proper drainage, paved and maintained in good condition. Parking areas in the M-2 District may be excepted from this requirement and need only to provide a durable and dustless surface.
Any lighting used to illuminate any off-street parking lot shall be so arranged to reflect the light away from adjoining premises in any R District.
Off-street loading. One off-street loading berth of not less than 35 feet by 10 feet shall be provided for every business and industrial use with a floor area of more than 10,000 square feet; with one additional berth required for each additional 25,000 square feet of floor area.
Environmental protection requirements. The following provisions shall apply to all uses of land in all districts unless otherwise noted.
No cut or fill grade shall exceed a slope of 3/1 or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area including cuts or fills on land naturally exceeding 3/1 in slope.
All lands, regardless of their slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase a "reasonable time" shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.
No cutting, filling, or other disturbing of land and natural vegetation is permissible within 50 feet of the edge of natural drainage courses except as permitted by action of the Zoning Hearing Board. In such cases, the Board may grant permission provided special precautions are taken to insure against continuing erosion or other circumstances which may be harmful to the immediate watercourse or in any way pollute the stream.
No tree harvesting or logging shall be conducted unless the landowner on whose land the tree harvesting or logging is to be conducted shall have first obtained a permit therefor from the Township Secretary. The application shall be submitted on a form provided by the Township Secretary, shall be accompanied by an application fee in such amount as shall be determined from time to time by resolution of the Board, and shall furnish true and correct information and documents as follows:
Name and address of landowner/applicant.
Name and address of the operator conducting the tree harvesting or logging operation.
The general location of the anticipated operation in relation to local, county, and state roadways.
The location of the property boundaries for the tract on which the logging will take place.
The approximate starting and completion dates for the logging operation.
If required, an earth disturbance permit from the Pennsylvania Department of Environmental Protection and/or any other agency having jurisdiction over erosion and sedimentation control for the logging operation.
If required, a stream crossing permit from the Department of Environmental Protection's Bureau of Dams, Waterways and Wetlands and/or any other agency having jurisdiction over streams that may be affected by the logging operations.
If required, a permit from the Allegheny County Conservation District.
If required, a permit from the Pennsylvania Fish Commission.
Any hauling permit that may be required to haul logging equipment or logs over local or county roadways.
Mobile homes, camping and recreational equipment storage. The following provisions shall apply to the placement, erection or storage of mobile homes, camping or recreational equipment:
Trailers as defined within the terms of this chapter and including mobile homes, travel trailers, pickup coaches, motorized homes and boat trailers may be parked or stored subject to the following requirements.
Mobile homes may be parked and occupied in the R-1 and R-2 Residential Districts and A-1 as a conditional use.
All mobile homes manufactured after 1972 which are set upon the Township shall display the insignia of certification issued by the Department of Community Affairs under the Uniform Standards Code for Mobile Homes, Act of 1972, or as amended, and be free of any damage incurred by transporting the units from the manufacturer to the site.
Each mobile home shall be set upon an adequate foundation as per Township specifications.
An enclosure of compatible design and material shall be erected around the base of each mobile home. Such an enclosure shall provide sufficient screened ventilation to inhibit decay and deterioration of the structure.
At no time shall parked or stored camping and recreational equipment be occupied or used for living or housekeeping purposes except as specified in § 430.02O4.
Camping and recreational equipment may be parked on any property in the side or rear yard unless physically impossible and/or used for temporary residential purposes for a period not to exceed seven days. Temporary use of such equipment beyond a period of seven days may be permitted only upon obtaining a permit therefor from the Zoning Officer. Such permit for the temporary use of such equipment shall be valid for a period of seven consecutive days and shall be subject to renewal. No charge will be made for the issuance of such permit.
Building setbacks. Where one or more preexisting structures are located on adjacent lots within 150 feet in either direction of a proposed structure the setback of the proposed structure shall conform with the average setbacks of the preexisting structures.
Relaxed building setback requirements for preexisting nonconforming lots. Any lot in an A-1, R-1, R-2, B-1 or B-2 Zone comprising less than 7,500 square feet or less land area, or which is 75 feet wide or less, and which was both developed and had its present property lines established and recorded prior to December 21, 1971, is not subject to the minimum lot area, lot area per family, width, front yard, side yard and rear yard size and setback requirements set forth in Table A. Instead, any such preexisting nonconforming lot is subject to the setback requirements set forth in Table A1;[2] provided, however, that a preexisting nonconforming lot bordering any other lot having an existing structure thereon is subject to a front yard setback as set forth in § 430.02P. In no case will any structure be permitted within five feet of a lot line. All other rules, restrictions and requirements in this chapter remain applicable to preexisting nonconforming lots.
Regulations for group residence facilities.
A new group residence facility may not be established in a building in an A-1 or R-1 Zone which is within a one-fourth-mile (1,320-foot) radius of another building in an A-1 or R-1 Zone used as an existing group residence facility.
A group residence facility is subject to all rules, requirements and restrictions of this chapter as are applicable to the dwelling type (i.e., single-family, two-family, multiple-family) in which the group residence facility is established.
Where any or all of the persons residing in a group residence facility in an R-1 or R-2 Zone are either under 18 years of age or suffering from a mental disability which necessitates daily care from others, the owners and/or operators of the group residence facility must provide for and place therein at least one qualified and responsible adult resident supervisor per five or fewer nonsupervisory residents. The aforesaid supervisor(s) must be present each and every week, seven days per week and 24 hours per day.
[Amended 7-19-2011 by Ord. No. 537]
In order to be and remain in compliance with this chapter a group residence facility must be in compliance with all applicable federal, state and local laws and regulations.
Maximum occupancy. No single-family dwelling, two-family dwelling, multiple-family dwelling, building used as a group residence facility, building used as a boardinghouse, or dwelling unit within a planned residential development may be used as a residence by more than one person per 200 square feet of finished living space unless each and every occupant is related to all of the others by blood, marriage or legal adoption. "Finished living space" means any part of a dwelling unit which is property heated by a permanently installed heating system and has permanently installed electrical wiring and plug sockets conforming to applicable codes at the time of installation.
Kennels. All kennels shall comply with the following provisions:
No kennel may be operated on a lot less than one acre in area.
All buildings, dog runs, fenced enclosures, and similar structures shall be located at least 100 feet from all property or street lines.
All animals shall be kept in an enclosed building at night.
All kennels shall be constructed, maintained, and operated in accordance with the applicable provisions of the Pennsylvania law and regulations, 3 P.S. § 459-101 et seq. and 7 Pa. Code Ch. 21.
[Added 4-20-2010 by Ord. No. 523]
Permit and maintenance requirements. A zoning permit must be obtained from the Building Official for the erection of any fence. The property owner shall be responsible for maintaining any fence in a safe condition and in good repair.
Fence height shall be erected three feet in the front, four feet to six feet in the side or six feet in the rear and shall not extend beyond the property lines.
No fence shall be erected in a right-of-way.
Retaining walls, masonry or concrete fences shall not be located within any easement. Any other fences constructed in an easement shall require a certification by the owner that the owner agrees to remove the fence at the request of the owner of the easement and that the Township will be indemnified by the owner for any liability relating thereto.
Fences can be placed in the allowable yards as set forth in Subsection U2(a); minimum setback: two feet.
On a corner lot, authorized fences shall be set back 25 feet from front and side property lines if higher then three feet to allow a clear sight triangle; open fence only in front yard.
Materials. Fencing may be constructed of wood, masonry, concrete, plastic, metal, a minimum ten-gauge wire mesh or similar materials, including fences of interwoven material construction such as the basket-weave type. Fences constructed of barbed wire, or other fences with sharp points or edges protruding therefrom, and electrical fences, shall not be permitted.
Nonresidential districts. The following restrictions shall apply:
General requirements.
Fences shall not obstruct the fifty-foot to seventy-five-foot clear sight distance at street or driveway intersections. The required clear sight distance shall be determined by the Building Official, consistent with the applicable PennDOT standards.
All fences shall be in harmony with their general surroundings.
The finished side of the fence shall always face the abutting properties or street. All structural supports, such as posts, rails and framing, shall face the applicant's property.
[Ord. No. 433, passed 7-10-1996]
General. Conditional uses as specified in § 430.02 may be allowed or denied by the Board after recommendations by the Planning Commission in accordance with the following criteria and provisions.
The party applying for a conditional use shall pay an application fee in an amount equal to that set by resolution of the Board.
Five copies of a site plan and supporting data which shows the size, location, and topography of the site, the use of adjacent land, the proposed size, bulk, use and location of buildings; the location and proposed function of all yards, open spaces, parking areas, driveways, storage areas and accessory structures; the location of all utilities, the provisions for parking, moving or loading of vehicles and the timing of construction proposed shall be submitted to the Zoning Officer at least 10 days in advance of the next regularly scheduled meeting of the Planning Commission.
Review. The Zoning Officer shall forward copies of the application to the Board and to the Planning Commission for review and approval.
The Planning Commission shall make a recommendation to the Board in advance of the public hearing to be conducted on the application. Failure to make such a recommendation shall be deemed to be a favorable recommendation.
The Board shall conduct public hearings on applications for conditional uses in accordance with the provisions established for public hearings, as set forth in the Pennsylvania Municipalities Planning Code, as amended. The Board may attach such conditions as they deem necessary to the approval, either tentative or final, of any conditional use. The approved site plan and all attached conditions shall be recorded by the applicant within 90 days of final approval. All development, construction and use shall be in accordance with the approved plan, unless a revised plan is submitted, approved and recorded. Any development contrary to the approved plan shall constitute a violation of this chapter.
Criteria for approval. A conditional use shall be approved if, and only if, it is found to meet the following criteria:
The proposed use conforms to the district and conditional use provisions and all general regulations of this chapter.
The proposed use meets all standards which may apply to its class of conditional uses as set forth in this chapter.
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 430.04E.
The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.
The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
The proposed use shall preserve the objectives of this chapter and shall be consistent with the Comprehensive Plan.
Performance standards. All conditional uses shall comply with the requirements of this Section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board may obtain a qualified consultant to testify whose cost for services shall be borne by the applicant.
Fire protection. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
Electrical disturbances. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.
Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
Air pollution. No pollution of air by flyash, dust, smoke vapors or other substance shall be permitted which is harmful to health animals, vegetation or other property.
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
Water pollution. Water pollution shall be subject to the standards established by the State Sanitary Water Board.
Performance standards applicable to communications towers:
Use regulations.
A cell site with antenna that is attached to an existing communications tower, smoke stack, water tower, or other tall structure, is permitted as a conditional use only in districts designated as A-1, M-1 and M-2. The height of the antenna shall not exceed the height of the existing structure by more than 10 feet. If the antenna is to be mounted on an existing structure, a full site plan shall not be required.
A cell site with a tower that is either not mounted on an existing structure, or is more than 10 feet higher than the structure on which it is mounted, is only permitted as a conditional use in zoning districts designated as A-1, M-1 and M-2.
All other uses ancillary to the tower and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site unless otherwise permitted in the zoning district in which the cell is located.
Standards of approval for communication towers:
The applicant is required to demonstrate, using technological evidence, that this tower must go where it is proposed in order to satisfy its function in the Township's grid system.
If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other cellular phone companies, other communications (fire, police, etc.), and other tall structures. The Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
Tower height. The applicant shall demonstrate that the tower is the minimum height required to function satisfactorily. No tower that is taller than this minimum height shall be approved.
Set backs from the base of the tower support structure. If a new tower support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distances are those set forth in § 430.02A, Table A.
The communication tower and the related structures and facilities must be designed, manufactured and erected in conformity with the application dated July 11, 1967, and must meet or exceed manufacturer requirements, accepted engineering standards, and the applicable requirements of ANSI, the BOCA Code (1996 edition), and state and federal statutes and regulations.
No signs or other structures, devices or other items shall be placed on the communication tower, except for such items that may be required by law.
The applicant shall demonstrate that the proposed tower and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, electromagnetic fields, radio frequency, falling ice or other debris, ionizing electromagnetic energy (IEE) or nonionizing electromagnetic radiation (NIER) as per American National Standards Institute (ANSI).
The proposed communication tower shall be protected and secured to guarantee the safety of the general public. Fencing must consist of galvanized chain-link, eight feet in height and installation of anticlimbing safety devices. Associated supports and guide wires shall not be located within the required set backs.
The applicant shall submit to the Planning Commission a site plan or survey of the property certified by a licensed engineer or architect registered in Pennsylvania. The applicant must also submit a fencing and landscaping plan at this time.
Only one communication tower is permitted per lot.
The communication tower will not adversely affect property values in the neighborhood (and in particular, each adjacent property) by more than 10%.
The communication tower in its operation will not endanger the health, safety and welfare of the public, and more specifically, evidence that the communication tower, its operation and the expected output frequency, modulation, radiated power, etc., will not cause health problems.
The applicant will submit a copy of his or her FCC license. Any grant of conditional use hereunder will automatically lapse if said license ever expires or lapses.
Outside of the required fencing, there shall be a landscaping screen of evergreen trees, minimum six feet in height, planted 10 feet on center.
In order to minimize the number of antenna support structures needed in the community in the future, the proposed support structure shall accommodate other users, including other cellular phone companies, and police, fire and ambulance companies.
The proposed communication tower shall have a top coat of silver paint or have a galvanized finish retained. The proposed communication tower shall not be artificially lighted unless required by the FAA.
Additional standards.
This conditional use will automatically lapse if not used for six continuous months. Applicant must provide proof of purchase of a demolition bond, to be renewed annually, equal to 75% of construction cost to be used in the event of abandonment.
An inspection of the proposed communication tower to insure structural integrity shall be performed at least once every three years. Inspections shall be conducted by an engineer licensed by the Commonwealth of Pennsylvania. The cost of such inspections must be borne by the applicant. The result of such inspections shall be provided to the Township. Based upon results of an inspection, the Township may require repair or removal of a communication tower. The facilities which are erected to maintain the communications tower may not include offices, long-term vehicle storage, other outdoor storage, or broadcast studios, except for emergency purposes, or other uses that are not needed to send or receive transmissions.
Equipment in a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise, or safety impact of such maintenance. Where the site abuts or has access to a collector and local street, access for maintenance vehicles shall be exclusively by means of the collector street. A surfaced and maintained driveway with parking inside the fence boundaries must also be constructed.
When lighting is required and permitted by the Federal Aviation Administration or other federal or state authority, it shall be oriented so as not to project on to surrounding property.
Prior to the site plan certification, the applicant shall provide documentation that the proposed communication tower has been reviewed and is not determined to be a hazard by the FAA or the Allegheny County Department of Aviation. The ACDA shall review the communication tower application to determine if it is a hazard to any FAA flight paths.
Applicants will be required to execute a developers agreement with the Township's Board of Commissioners.
Zoning Officer. The Zoning Officer, who shall be appointed by the Board, shall:
Administer and enforce the provisions of this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
Approve applications for zoning certificates.
Institute civil enforcement proceedings on behalf of the Township.
Issue a certificate of prior nonconforming use within the meaning of § 430.02H1 within 90 days of enactment of any change in zoning district boundaries for all properties nonconforming to the redistricted area. The property owner shall be provided one copy of the certificate, and a duplicate of each certificate shall be maintained in a public file by the Township Secretary.
Zoning certificates. A zoning certificate shall be obtained before any person may:
Occupy or use any vacant land; or
Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged; or
Change the use of a structure or and to a different use; or
Change a nonconforming use, to a permitted use.
Applications for a zoning certificate shall be accompanied by a plot plan showing clearly and completely the location, dimensions and nature of and structure involved and such other information as the Zoning Officer may require for the administration of this chapter, together with a filing fee in accordance with a schedule affixed by resolution of the Board.
Enforcement remedies. Any person, partnership or corporation who or which shall violate or permit the violation of the provisions of this chapter shall, upon conviction thereof in a civil proceeding, be subject to a fine of not more than $500 plus all court costs and reasonable attorneys fees incurred by the Township as a result thereof. If the defendant neither pays nor timely appeals for judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation is continued shall constitute a separate offense. The Township shall furthermore retain any and all enforcement rights not enumerated herein, but granted to it pursuant to the provisions of the Pennsylvania Municipalities Planning Code, as amended, and other applicable law.
Amendments. The Board may amend this chapter as proposed by a member of the Board, by the Planning Commission or by a petition of a person residing or owning property within the Township in accordance with the following provisions:
Petitions for amendment shall be filed with the Board and the petitioner, upon such filing, shall pay an advertisement deposit and a filing fee in accordance with a schedule affixed by resolution. The petition shall be forwarded to the Planning Commission, and the Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to the Board and to the petitioner. The proposed amendment shall be introduced before the Board only if a member of the Board elects to do so. If an amendment proposed by petition is not introduced, the advertising deposit shall be refunded to the petitioner; otherwise, such deposit shall be paid by the Township.
Before voting on the enactment of an amendment, the Board shall hold public hearing thereon pursuant to public notice. If, after any public hearing held upon an amendment the proposed amendment is changed substantially, or is revised to include land previously not affected by it, the Board shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment.
The proposed amendment shall be submitted to the Allegheny County Planning Commission for their review and comment at least 30 days prior to the public hearing on the proposed amendment by the Board.
If an amendment to this chapter is enacted, a copy of the amendment shall be forwarded to the Allegheny County Planning Commission within 30 days of such enactment.
Zoning Hearing Board. In accordance with the Pennsylvania Municipalities Planning Code, as amended, and other applicable law, the Board shall by resolution appoint and organize a Zoning Hearing Board, consisting of three members, which Zoning Hearing Board shall adopt rules to govern its procedure. The Zoning Hearing Board may also consist of up to three alternate members that the Board may from time to time appoint by resolution, which alternate members shall participate in such Zoning Hearing Board business as shall be permitted by the Pennsylvania Municipalities Planning Code, as amended, and other applicable law. The Zoning Hearing Board shall hold meetings, keep minutes, and pursuant to notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decisions in writing, all as required by law. A fee shall be charged in accordance with a schedule affixed by resolution for any appeal or proceeding filed with the Zoning Hearing Board. The Zoning Hearing Board shall have the functions, powers and obligations specifically granted by law.
[Ord. No. 433, passed 7-10-1996; Ord. No. 442, passed 8-13-1997; Ord. No. 457, passed 7-14-1999; Ord. No. 458, 7-14-1998; Ord. No. 497, passed 6-14-2006]
Certain words used in this chapter are defined below. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural, the singular. The word "shall" is mandatory and not permissive.
- A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
- A use located on the same lot and of a nature customarily incidental and subordinate to the principal use.
- A change or rearrangement in the structural parts or in the existing facilities or an enlargement whether by extending on a side or by increasing height or the moving from one location or positions to another.
- The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches terraces and steps.
- The total area within the lot lines measured on a horizontal plane.
- A sign other than one indicating a business conducted on the premises; a sign upon which advertising matter of any character is printed, posted, or lettered; and it may be either freestanding or attached to a surface of a building or other structure.
- Any dwelling, not a group residence facility, principally used as a residence by (a) more than three unrelated persons per dwelling unit, or (b) any number of persons related by blood, marriage or legal adoption, together with more than two other persons unrelated to each other by blood, marriage or legal adoption per dwelling unit, regardless of whether such residents are maintaining a common household. (For an accessory use by two or fewer unrelated, nontransient residents, see § 430.02J1 of this chapter.) "Boardinghouse" as a permitted use does not include an establishment which is intended to or does provide room and board to persons who, because of a mental or emotional disability, are prone to threatening or harmful behavior; nor does it include an establishment which is intended to or routinely does provide room and board to persons who are criminal offenders. Any establishment providing room and board to individuals which does not fall within this definition or any other definition of a permitted use under this chapter is not a permitted use. A boardinghouse is subject to all rules, requirements and restrictions of this chapter as are applicable to the dwelling type in which the boardinghouse is established.
- Anything constructed or erected with a fixed or permanent location on the ground, or attached to something having a fixed location on the ground.
- The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps or patios.
- The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
- An imaginary line located on the lot at a fixed distance from the street right-of-way line and interpreted as being the nearest point that a building may be constructed to the street right-of-way. The building line shall limit the location of porches, patios and similar construction, steps excepted, to the face of this line.
- A building in which is conducted the principal use of the lot on which it is located.
- The triangular area formed by two intersecting street center lines and a line interconnecting points established on each center line 100 feet from their point of intersection. This entire area is to remain clear of obstructions to sight above a plane established 3 1/2 feet in elevation from grade level at the intersection of the street center line.
- Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight.
- Engaging in a business enterprise, activity or other undertaking for profit, including but not limited to, retail stores, service shops, eating and drinking places, professional offices, banks, auto sales and repair, gas stations and motels.
- A structure, typically a steel tower, whose principal use is to be utilized for public or private communication and/or data transmission purposes and owned and/or operated by a private corporation or a communication corporation or utility regulated by the Federal Communications Commission most often associated with personal communication service. Communication towers shall be considered to be a different and distinct use than a radio or television antenna not permitted as accessory uses but considered to be a principal use of a parcel of ground.
- Any structure designed or used as the living quarters for one or more families.
- The following:
- Any building or portion thereof which is designed and used exclusively for residential purposes by one family, and includes complete kitchen and bathroom facilities.
- One or more persons who live together in one dwelling unit and maintain a common household. May consist of a single person or of two or more persons whether or not related by blood, marriage or adoption. May also include domestic servants and gratuitous guests.
- A combination of materials, usually posts, boards, wires, stakes or rails, that is used as an enclosure, barrier or boundary.
- An enclosed or covered space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein or more than one car is leased to a nonresident of the premises.
- A building or structure where motor vehicles can be temporarily stored or parked.
- A use, established in a dwelling permitted within a zone according to Table A,[1] which provides room and board to persons who are residents by virtue of requiring specialized services limited to health, social and/or rehabilitative services provided by a governmental agency, the licensed or certified agents of a governmental agency, or any other responsible nonprofit or for profit person or entity. "Group residence facility" as a permitted use does not include an establishment which is intended to or does provide room and board to persons who, because of a mental or emotional disability, are prone to threatening or harmful behavior; nor does it include an establishment which is intended to or does provide room and board to persons who are criminal offenders. Any establishment providing room and board to individuals which does not fall within this definition or any other definition of a permitted use under this chapter is not a permitted use. A group residence facility is subject to all rules, requirements and restrictions of this chapter as are applicable to the dwelling type (i.e., single-family, two-family, multiple-family) in which the group residence facility is established.
- A vehicle that requires having a commercial drivers license (CDL) to operate.
- Any use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein, provided that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and that no alterations are made to the exterior appearance of the structure or premises, other than signs as provided herein, including, but not limited to the following occupations: the professional practice of medicine, dentistry, architecture, law and engineering, artists, beauticians, barbers, and veterinarians, excluding stables or kennels.
- A combination of commercial uses designed, structured and located so as to result in a shopping plaza, mall or other acceptable configuration in one continuous building or architectural modification thereof, under one roof including associated common walls.
- Any worn, cast-off or discarded article or material which is ready for destruction or which has been collected or stored for sale, resale, salvage or conversion to some other use. Any such article or material which unaltered, not needed to be disassembled or unfastened from, or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk.
- The use of more than 100 square feet of the area of any lot for the storage, keeping or abandonment of junk, including scrap material from the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. A "junkyard" shall include an automobile graveyard or motor vehicle graveyard.
- As used with the terms of this chapter shall include any land, building or part thereof, wherein five dogs and/or cats are kept overnight for the purpose of breeding, hunting, training, renting, buying, boarding, sale, show or as pets. This definition does not apply to such activities when documented in connection with the operation of a veterinary clinic or hospital.
- A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.
- The area of a horizontal plane measured at grade and bounded by the front, side and rear lot lines.
- A lot at the point of intersection of and abutting on two or more intersecting streets or other public spaces the angle of intersection being not more than 135°.
- The average horizontal distance between the front and rear lot lines.
- A lot other than a corner lot.
- The lines bounding a lot as defined herein.
- Any lot which individually or as a part of a subdivision, has been recorded in the office of Recorder of Deeds of the county.
- The average horizontal distance across the lot between the side lot lines, measured at the building line.
- The processing or fabrication of products, including but not limited to: home appliances, office machines, machine tools, dies and gauges, plastic goods, pharmaceutical goods and food products excluding animal slaughtering, curing and rendering of fats, where no process involved will produce noise, vibrations, air pollution, fire hazard, noxious emission or other conditions hazardous to the community health and welfare.
- The processing or fabrication of products, including but not limited to: electrical instruments, precision instruments, jewelry, timepieces, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, ceramics, apparel, film processing, light sheet metal products, where no process will produce noise, vibrations, air pollution, fire hazard, noxious emission or other condition hazardous to the community health and welfare.
- To use a building for both residential and commercial or commercial and industrial purposes, each of which is separately a permitted use within the zone.
- A transportable, single-family dwelling, which may be towed on its own running gear, and which may be temporarily or permanently affixed to real estate, used for nontransient residential purposes and constructed with the same or similar, electrical, plumbing and sanitary facilities as mobile housing, and having a minimum of 600 square feet of floor area.
- A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
- A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
- A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this chapter, or amendments heretofore or hereafter enacted, including without limitation such dimensional requirements as lot width, lot depth, building height and required yards, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application this chapter or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to, nonconforming signs.
- A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendments heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment to its location by reason of annexation.
- An occupied space open to the sky on the same lot with the building.
- The duly authorized agent, attorney, purchaser, devisee, fiduciary or any person having vested or equitable interest in the lot in question.
- A statement signed by the Zoning Officer setting forth that either a building or structure complies with this chapter or that a building, structure or parcel of land may lawfully be employed for specific uses.
- An off-street space measuring not less than 10 feet by 20 feet, whether inside or outside of a structure, for the temporary standing of automotive vehicles to be used exclusively as a parking stall for one automotive vehicle. Such space shall be exclusive of all area necessary to gain access to said parking space including turning areas, access aisles, fire lanes, and access drives within the street right-of-way.
- An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, or type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one residential district. A planned residential development may include and shall be limited to (i) dwelling units in detached, semidetached, attached, or multi-storied structures, or any combination thereof; and (ii) those nonresidential uses deemed to be appropriate for incorporation in the design of the planned residential development.
- Any building lot in an A-1, R-1, R-2, B-1 or B-2 Zone which comprises 7,500 square feet or less land area, or is 75 feet or less in width, and was both developed and had its present property lines established and recorded prior to December 21, 1971.
- The major dominant use of the lot on which it is located.
- Any office or business conducted by an individual or association who or that must be licensed under the laws of the Commonwealth of Pennsylvania.
- A meeting open to the general public held pursuant to proper public notice.
- A notice published once a week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
- Land reserved for use as a road, street, alley, crosswalk, pedestrianway or other public purpose.
- A business establishment located entirely within an enclosed building which sells goods, services or merchandise to the general public for personal, household or office consumption and which shall not include wholesale, manufacturing or processing of the goods offered for sale.
- Any surface fabric device or structure bearing lettered, pictorial or sculptured matter intended, designed or used to convey information visually and exposed to public view which directs attention to an object, product, place, activity, person, institution, organization or business. The term "sign" does not apply to a flag, emblem or insignia of a nation, political unit, school or religious group.
- The entire area within a single continuous perimeter enclosing the extreme limits of such sign. All signs shall be limited to not more than two faces. All area limitations shall be computed in square feet. Each face of a double-face sign may equal the maximum size permitted for the particular type of sign. When individual letters are used separately on the surface of a building wall, the spaces between said letters shall be included in computing the area of the sign.
- The granting of a modification of the provisions of this chapter as authorized in specific instances listed, and under the terms, procedures and conditions prescribed herein. Special exceptions are administered by the Zoning Hearing Board.
- A public way which affords principal means of access to abutting properties.
- The dividing line between the street or road right-of-way and the lot.
- A combination of materials that form construction that is safe and stable and includes among other things buildings, stadiums, platforms, radio towers, sheds, storage bins and billboards.
- The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling shall be exempted.
- A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards to not include the wrecking, salvaging, dismantling or storage or automobiles and similar vehicles.
- Includes travel trailers, pickup coaches, motorized homes and recreational equipment as follows:
- A tract of land (i) where two or more trailers are parked; or (ii) which is used or held out for the purpose of supplying to the public a parking space for two or more trailers.
- TREE HARVESTING or TIMBER HARVESTING or LOGGING
- The cutting down and removal of trees and logs to be converted to any forest product or for sale to others. This definition excludes ornamental trees and/or other nursery endeavors.
- The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
- Any facility used in rendering service which the public has a right to demand.
- The permission granted by the Zoning Hearing Board, following a public hearing that has been properly advertised as required by the appropriate municipal code for an adjustment to some regulation which, if strictly adhered to, would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of the chapter.
- A legal and administrative process whereby a municipality divides its territory into districts and applies to each district a number of regulations to control the use of land, the height and bulk of buildings, and the area of ground built upon.
- The Zoning Hearing Board of Crescent Township as duly constituted by and established pursuant to this chapter.
- The individual authorized by the Township to be the administrator of the daily application of the provisions contained in these zoning standards.
- A statement signed by the Zoning Officer indicating that the application for permission to construct, alter or add is approved and in accordance with the requirement of the terms of this chapter.
[Ord. No. 429, passed 12-13-1995]
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
Requiring all those uses activities and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
Applicability. These provisions shall apply to all lands within the jurisdiction of the Township and shown as being located within the boundaries of the designated Floodplain Districts which are considered as a part of the official Zoning Map.
Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable chapters and regulations which apply to uses within the jurisdiction of this chapter.
Warning and disclaimer of liability. The degree of flood protect on sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
Establishment of zoning districts.
Description of districts.
Basis of districts. The various Floodplain Districts shall include areas subject to inundation by waters of the one-hundred-year flood. The basis for the delineation of these districts shall be the Flood Insurance Study for the Township, prepared by the Federal Insurance Administration dated January 16, 1981.
FW (Floodway Area). The areas identified as "floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA.
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated.
Overlay concept.
The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Map, and as such, the provisions for the Floodplain Districts shall serve as a supplement to the underlying district provisions.
Where there happens to be any conflict between the provisions or requirements of any of the Floodplain Districts and those of any underlying district the more restrictive provisions and/or those pertaining to the Floodplain Districts shall apply.
In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provision shall remain applicable.
Zoning Map. The boundaries of the Floodplain Districts are established as part of the Official Zoning Map of the Township which is declared to be a part of this chapter and which shall be kept on file at the Township offices.
District boundary changes. The delineation of any of the Floodplain Districts may be revised by the Board where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U. S. Army Corps of Engineers, a River Basin Commission or other qualified agency or individual documents the notification for such change. However prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
Interpretation of district boundaries. Initial interpretation of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.
District provisions. All uses, activities and development occurring within any Floodplain District shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes such as the Township Building Code, specifically including but not limited to Chapter 230, and the Township Subdivision and Land Development Chapter[1] of this Code. In addition, all such uses, activities, and development shall be undertaken only in compliance with federal or state law including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Under no circumstances shall any use activity and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any streams watercourse, etc. within the Township, a permit shall be obtained from the Department of Environmental Resources, Dams and Encroachment Division. Further notification of the proposal by the Township shall be given to all affected, adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs.
Floodway District (FW). In the Floodway District no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities as required above. Chapter 230 of the Building Code is incorporated herein by reference.
Permitted uses. In the Floodway District the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other chapter and provided that they do not require structures, fill, or storage of materials and equipment:
Agricultural uses such as general farming pasture, grazing, outdoor plant nurseries, horticulture truck farming, forestry, sod farming and wild crop harvesting.
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeetgame ranges, and hunting and fishing areas.
Accessory residential uses such as yard areas gardens, play areas, and pervious parking areas.
Accessory industrial and commercial uses such as yard areas pervious parking and loading areas airport landing strips, etc.
Uses permitted by special exception. The following uses and activities may be permitted by special exception, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other chapter:
Structures except for mobile homes accessory to the uses and activities in § 430.07C1(b) above.
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
Extraction of sand, gravel and other materials.
Temporary uses such as circuses, carnivals and similar activities.
Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.
Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses activities, and structural developments, shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes.
Flood Fringe District (FF). In the Flood Fringe District the redevelopment and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes. Chapter 230 of the Building Code is incorporated herein by reference.[2]
Special exceptions and variances — additional factors to be considered. In passing upon applications for special exceptions and variances the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of the Zoning Chapter and the following:
The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development, or activity that will cause any increase in flood levels in the Floodway District.
The danger that materials may be swept on to other lands or downstream to the injury of others.
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
The importance of the services provided by the proposed facility to the community.
The requirements of the facility for a waterfront location.
The availability of alternative locations not subject to flooding for the proposed use.
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
The expected heights, velocities, duration, rate of rise, and sediment transport of the flood waters expected at the site. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protect on and other related matters. Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in (i) unacceptable or prohibited increases in flood heights, (ii) additional threats to public safety, (iii) extraordinary public expense, (iv) create nuisances, (v) cause fraud or victimization of the public, or (vi) conflict with local laws or codes.
Administration. A zoning permit shall be required for all construction and development which includes but is not limited to paving, filling, grading, excavation, mining, dredging or drilling operations, etc.
- Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.
- A temporary inundation of normally dry land areas.
- (i) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; (ii) an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
- Those Floodplain Districts specifically designated in the Township Zoning Chapter as being inundated primarily by the one-hundred-year flood. Included would be areas identified as Floodway District (FW) and Flood Fringe District (FF).
- A flood that, on the average, is likely to occur once every 100 years i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year.
[Added 3-15-2011 by Ord. No. 534]
Purpose. The purpose of this section is to provide for the health, safety and welfare of the residents of Crescent 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.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Any person, owner, operator, partnership, company, corporation and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas.
- An occupied structure with walls and roof within 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, intersects 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 of Pennsylvania.
- 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.
- 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.
- OIL AND GAS DEVELOPMENT or DEVELOPMENT
- The well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration, reclamation and other activities associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; the installation and use of all associated equipment, including tanks, meters, and other equipment and structures, whether permanent or temporary; 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. This definition does not include natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions.
- 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 of 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. 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 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 are designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.
- 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.
- The Township of Crescent.
Zoning classifications. Subject to the provisions of this section:
An oil or gas well site, or a natural gas compressor station, or a natural gas processing plant, or any similar facilities performing the equivalent functions shall be considered a conditional use within the ________ Zoning District on property that is a minimum of 10 acres in size.
This section 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 the section.
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 section shall not be required to meet the requirements of this section, provided that any modification to an existing or permitted oil or gas well site that occurs after the effective date of this section 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 section.
Federal or state law or regulation preempts ordinance requirements that conflict with federal or state statute or regulation. The Township acknowledges that it is preempted from regulating the operational methods of the oil and gas industry and may only regulate land uses.
Permit requirement.
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 Crescent 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.
The permit application or amended permit application shall be accompanied by a fee as established by resolution.
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 section. Like-kind replacements shall not require a permit modification.
If development and/or drilling have not been commenced within one year after the approval of this permit application, the permit is automatically rescinded. An extension may be granted by the Township Commissioners for a maximum of one year upon written request by the applicant, prior to the expiration of the original one-year period, subject to the finding that the plan is still in compliance with all standards.
Preapplication conferences.
Purpose. 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.
Process. A preapplication conference 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.
Permit application.
The applicant shall provide to the Township at the time of permit application:
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, and number and description of equipment and structures to the extent known.
A narrative describing an overview of the project as it relates to natural gas compressor stations or natural gas processing plants.
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 the purpose of informing emergency responders.
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.
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.
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.
A certification or evidence satisfactory to the municipality 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.
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 applicant's usage that meets the requirements of Subsection N of this section.
Verification that a copy of the operation's preparedness, prevention and contingency plan has been provided to the Township and all emergency responders.
A statement that the applicant, upon changes occurring to the operation's preparedness, prevention and contingency plan as defined in the Department's Guidelines for the Development and Implementation of Environmental Emergency Response Plan or the most recent applicable guideline, will provide to the Township and all emergency responders a revised copy, marked with the revision date, of the preparedness, prevention and contingency plan while drilling activities are taking place at the oil or gas well site.
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.
A copy of the documents submitted to the DEP and a community and environmental impact analysis meeting the requirements set forth in Subsection H of this section.
A copy of all permits and plans from appropriate regulatory agencies or authorities issued in accordance with environmental requirements.
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.
A traffic impact study and roadway maintenance and repair agreement meeting the requirements set forth in Subsection K of this section.
Assurance that, before drilling, information shall be provided to residents per the requirements in Subsection J of this section.
Certification that a private fresh water well testing will be completed in compliance with Subsection L of this section.
A water withdrawal plan identifying the source of the water, how many gallons will be used and withdrawn each day, the origination of the water, proposed truck routes, and all permits issued by the commonwealth or any other governmental body. The site for the treatment and disposal of the water shall also be identified.
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.
If the application is complete and fulfills the requirements of this section, the Township shall issue or deny a permit within 60 days following the date the complete application was submitted.
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 60 days following receipt.
Community and environmental impact analysis.
An environmental impact analysis statement shall be submitted to the Township prior to approval of any application and shall be drafted by an independent environmental engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant. The purpose of the statement is to determine the impact of the project on the environment of the existing site and the resultant changes the proposal will have on the immediate site and surrounding area. This information will allow the Township to make more informed decisions relating to the proposed action. At a minimum, the statement shall provide the following information:
A description of the proposed development, its purpose, a schedule of construction and length of operation and its interrelationship with other oil and gas developments within the Township. This information and technical data must be sufficient to allow a thorough assessment of the proposed development or related operation's environmental impact.
A comprehensive description of baseline environmental conditions identified before any activities associated with the development.
A description of the environmental impacts of the proposed development both during and after complete build out of the proposed development. This description should focus both on the environmental details most likely to be affected by the development proposal and on the broader regional aspects of the environmental impacts, including ecological interrelationships. These impacts shall be defined as direct or indirect changes in the existing environment, and as either beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment but upon land use as well.
Separate discussion for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks with supporting statistics developed by an analysis of similar development or related operations in similar locations.
A discussion of measures which are required to or may enhance, protect, or mitigate impacts upon the environment, including any associated research or monitoring. Include sufficient documentation and supporting material to demonstrate that the proposed measures will function as expected.
A discussion of the unavoidable adverse impacts described in Subsection H1(c) and (d), both the short-term impacts (i.e., those occurring during build out of the development and the oil or gas well site), long-term impacts, and cumulative impacts to the environment. Particular attention should be paid to the development's relationship to trends of similar developments (i.e., cumulative noise degradation posed by similar developments).
Hydrologic analysis and information, including but not limited to, a description, inventory, analysis, and evaluation of the existing groundwater conditions. This analysis must be focused in terms of both surface water and groundwater quality and quantity, a discussion of likely and possible changes to these resources, and a discussion of measures to reduce or mitigate the identified impacts. Included here should be a mention of those Township residents located within 2,000 feet of the proposed development who depend on well water.
The express standards and conditions referenced herein shall also be addressed and submitted with the applicant's application. An escrow account for the review by professional consultants shall be established by the applicant in the amount of $25,000. The escrow account shall be immediately replenished in full by the applicant if the balance of the account reaches $10,000. The escrow account shall be maintained following final approval of the application to provide for inspections in accordance with Subsection I herein.
Professional consultants.
The Township may from time to time employ a professional consultant or consultants. The function of the consultant(s) shall be to advise, counsel, represent and/or aid the Township in ensuring compliance with this section and any other applicable Township codes on such matters relating to the oil and gas development within the Township.
During well site development, drilling/fracking operations, and completion/reclamation activities, the Township may require the services of an on-site inspector with proven background and experience in oil and gas development whose role will include and not be limited to the following:
Review of all applications for oil and gas developments.
Inspection of site during key phases of development.
Inspection of site upon receipt of a complaint.
Communication with appropriate Township personnel if the inspector believes the operator is violating a Township code not addressed in this section.
Authority to request and receive any records, logs, and reports relating to the status or condition of the approved development necessary to establish and determine compliance with this section and the permit approval.
In the event a professional consultant is employed for the purpose of advising, counseling, or representing the Township relative to ensuring compliance with this section and the terms of the permit, or relative to an operator's or owner's particular set of circumstances, case or request relating to this section, then the cost for such services of the professional consultant shall be assessed against and paid for by such operation in addition to any fees or charges assess pursuant to this section.
Information provided to residents. Prior to drilling an oil and gas well or multiple oil and gas wells at a location, but no later that two weeks prior, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well(s):
A copy of the well survey plat showing the location(s) of the planned well(s).
A general description of the planned operations at the planned well(s) and associated equipment used in the development of the well(s).
The contact information for the operator.
The availability of the operator to hold a meeting with such resident to present the operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.
Road use and drill site access.
The operator shall provide a traffic impact study or description of the plan for transportation and delivery of equipment, machinery, water, chemicals, products, materials, waste products and other items that may be utilized or produced in the siting, drilling, stimulating, completion, alteration and operation of the development.
Such description shall include the following.
A map showing the planned vehicular access route to the development, indicating all private access roads, all state, county, and local roads, bridges, and other transportation infrastructure that may be used, and the type, weight, number of trucks, and delivery schedule necessary to support each phase of the development.
A list of all trucking contractors or employees of the operator who will travel to and from the development site with evidence of required registrations, licenses, and insurance coverage.
The proposed routes must be designed to ensure adequate capacity for existing and projected traffic volumes, allow for efficient movement of traffic, including appropriate turning radii and transition grade, and minimize hazards to users of public roads as well as adjacent property and human activity.
Whenever possible, a development site should have vehicle access from a collector street.
Use of streets serving exclusively residential neighborhoods is prohibited.
The Township reserves the right to designate alternate routes in the event the applicant's proposed routes are deemed inadequate, unsafe, or overly disruptive to normal vehicular traffic by the Township Engineer.
The Township also reserves the right to reduce speed limits on areas of roads especially dangerous for trucks hauling hazardous materials.
The operator of the development shall execute a roadway maintenance and repair agreement with the Township and post a bond at the paved highway rate in favor of the Township and in a form acceptable to the Township prior to beginning any work on a drill site.
The roadway maintenance and repair agreement shall require the owner or operator to conduct an inventory, analysis, and evaluation of existing conditions on Township roads along the proposed transportation route, include photography, video and core boring as determined to be necessary by the Township Engineer. The roadway maintenance and repair agreement will identify the responsibilities of the operator to prepare, maintain, and repair Township roads before, during, and immediately after drilling operations associated with the oil and gas development. The operator shall take all necessary corrective action and measures as directed by the Township pursuant to the agreement.
Beginning with its intersection with a public street, any access road for the development site shall be improved with limestone or other material for 200 feet and be provided with French drains or other necessary improvements, such that no water, sediment, or debris will be carried onto any public street. If any substantial amount of mud, dirt, or other debris is carried on to public or private rights-of-way from the development site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Township to keep the roads continuously clean.
All-weather access roads suitable to handle emergency equipment, shall be provided to within 50 feet of any structure, improvement or activity area.
The operator shall take necessary safeguards to ensure that appropriate dust control measures are in place.
All applicable permits or approvals must be obtained, including access or driveway permits to commonwealth, county or Township roads, construction permits within state, county or Township roads, and permits for overweight or oversize loads. Access directly to state roads shall require a PennDOT highway occupancy permit for overweight vehicles. The Township shall be provided a copy of this and all other applicable permits or approvals.
Any off-street area within the development site for vehicles to stand while gaining access to and from the development site shall be provided so that the normal flow of traffic on the public street is undisturbed. Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to meet Pennsylvania Code 67 Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2.
The operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with the development, the operator will provide flagmen to ensure the public safety and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
Private fresh water well testing.
The operator of a well shall provide the Township with the results of a predrilling and post-drilling water analysis and flow rate for each existing freshwater well within 2,000 feet of the well site. The tests shall conform to the following requirements:
Water samples must be collected and analyzed utilizing proper sampling and laboratory protocol from an independent DEP-certified water testing laboratory.
Well samples shall be analyzed prior to any drilling activity to document baseline water quality data of the well.
A post-drilling sample analysis shall be submitted for water quality testing by the operator with three months after drilling is completed.
Parameters to be tested for include, but are not limited to, methane, chloride, sodium, TDS, pH, arsenic, barium and strontium, and a subgroup of the volatile organic chemicals (VOCs) called BTEX (benzene, toluene, etc.)
If it is found that a fresh water well is no longer in use and without possibility of future use or if the fresh water well owner objects to having the well water tested, the owner of the fresh water well may waive the right to have the operator test the water. In such instance the owner must execute an agreement releasing and holding harmless the Township, its officers and its employees from any damages.
If the results of the predrilling and post-drilling sample analyses indicate well water contamination, the owner of the well should file a complaint with the regional DEP, Bureau of Oil and Gas office.
Design and installation.
Structure height.
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.
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.
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.
The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well.
The time period of such drilling and exemption shall not exceed six months.
The operator shall give the Township prior written notice of the beginning date for its exercise of the exemption.
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.
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.
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.
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 been or will be provided to justify the exemption.
Drilling pads, natural gas compressor stations or natural gas processing plants shall be set back 200 feet from buildings or sites registered or eligible for registration on the National Register of Historic Places or the Pennsylvania Register of Historic Places.
Screening and fencing.
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.
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.
Security fencing shall be at least six feet in height equipped with lockable gates at every access point and have openings no less than 12 feet wide.
Emergency responders shall be given means to access all oil or gas well sites in case of an emergency.
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.
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.
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.
Lighting at the oil or gas well site or other facilities associated with oil and gas drilling shall at no time exceed 0.1 footcandle, measured at any property line.
Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.
The applicant shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development.
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 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 section, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
The applicant shall provide the Township documentation of the established ambient noise level prior to starting oil or gas drilling and/or production operations.
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 M6(b) by more than:
Five decibels during drilling activities;
Ten decibels during hydraulic fracturing operations;
Five decibels for a gas compressor station or a natural gas processing plant: the allowable increase in Subsection M6(d)(3) shall not exceed the average ambient noise level for more than 10 minutes within any one-hour period.
Effective sound-mitigation devices shall be installed in 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 facilities.
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.
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 facilities, 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.
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.
Hours of operation. Except for emergency operations or initial drilling and hydraulic fracturing operations, hours of operation at a oil or gas well site, or other facilities associated with oil and gas drilling development, are limited to Monday through Friday, 7:00 a.m. to 7:00 p.m. and not permitted on weekends or legal holidays.
Reclamation/restoration of all disturbed areas.
Reclamation shall be initiated as soon as weather and ground conditions permit after abandonment of the well or installation of production equipment, and reclamation shall be completed no more than nine months after this point.
Reclamation shall be carried out on all disturbed areas and achieve the following objectives:
Final soil profiles shall be designed to equal or reduce soil erosion potentials over stable preoperation conditions, and final land forms shall be stable.
The preexisting visual character of site shall be restored or enhanced through planting of local or adaptive vegetation. Invasive species shall not be considered acceptable.
Disturbance of soil cover shall be minimized.
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.
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.
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.
An adequate emergency evacuation plan shall have been produced by the applicant and filed with the Township.
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.
Only necessary and needed structures will be permitted within the floodplain.
All structures within the flood zone shall be designed to withstand a one-hundred-year storm event.
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.
Bond, insurance, and indemnity.
The applicant shall submit to the Township a performance bond in the amount of $250,000 from a surety authorized to do business in the state. The performance bond shall be valid for a period of two years from the date that the permit is issued. The bond shall provide, but not be limited to, the following condition: there shall be recoverable by the Township, jointly and severally from the principal and surety any and all damages, loss or costs suffered by the Township in connection with the applicant's geophysical operations within the Township. The bond shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled by the surety company until sixty (60) days after receipt by the Township, by registered mail or written notice, of such intent to cancel or not to renew." The rights reserved to the Township with respect to the bond are in addition to all other rights of the Township, and no action, proceeding or exercise of a right with respect to such bond shall affect any other rights of the Township.
Prior to conducting any operations hereunder, the applicant and/or its contractors shall furnish a certificate of insurance to the Township showing the Township as an additional insured with respect to operations conducted within the Township and showing liability insurance covering commercial, personal injury, and general liability in amounts not less than $1,000,000 per person, $3,000,000 per occurrence, and $1,000,000 for property damage.
The applicant shall protect, indemnify, defend and hold the Township, its officers, employees, agents, and representatives harmless from and against all claims, demands, and causes of action of every kind and character for injury to, or death of, any person or persons, damages, liabilities, losses, and/or expenses, occurring or in any way incident to, arising out of, or in connection with its or its contractors', agents', or representatives' operations under this permit, including attorney's fees, and any other costs and expenses incurred by the Township in defending against any such claims, demands, and causes of action. Within 30 days of receipt of same, the applicant shall notify the Township, in writing, of each claim for injuries to, or death of persons or damages or losses to property occurring or in any way incident to arising out of, or in connection with its or its contractors', agents', or representatives' operations conducted under this permit. At the Township's discretion, the Township may conduct an independent investigation, monitor, and review of the processing of any such claim to ensure that such claim is handled as required herein.
Any permit granted hereunder may be revoked upon breach of any term or condition contained herein.
Notwithstanding anything contained herein to the contrary, any permit granted hereunder shall not be effective unless and until a copy of the permit, signed by an authorized officer of the applicant, the performance bond, and the certificates of insurance have been filed with the Township Secretary.
Penalities. Any owner, operator, or other person who violates or permits a violation of this section, upon being found liable therefor 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 attorney's 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.