Township of Upper Burrell, PA
Westmoreland County
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The supplemental regulations in this Article supplement the requirements of Articles IV through XIII governing each zoning district and shall apply to all uses in all zoning districts.
All permitted uses, conditional uses and uses by special exception in all zoning districts shall comply with the requirements of this section. The method of determining compliance at the time of application and continuing compliance by an established use shall be subject to Subsections J and K.
A. 
Fire protection. Fire prevention and fire-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.
B. 
Electrical disturbance. No activity shall cause electrical disturbance adversely affecting the operation of any other electrical equipment in the vicinity of the creator of the disturbance.
C. 
Noise.
(1) 
The sound pressure level of sound radiated from any property, measured at the lot line, shall not exceed the values in any octave band of frequency specified in Table 1 or in Table 1 as modified by the correction factors set forth in Table 2, below. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to the standards prescribed by the American Standards Association.
Table 1
Maximum Permissible Sound Pressure Levels
Measured re: 0.0002 dyne per cm2
Frequency Band
(cycles per second)
Decibels
20 to 75
74
76 to 150
62
151 to 300
57
301 to 600
51
601 to 1,200
47
1,201 to 2,400
42
2,401 to 4,800
38
4,801 to 10,000
35
Table 2
Correction Factors
Condition
Correction in Decibels
On a site located within, contiguous to or across the street from any property in an R District
Minus 5
Sound levels emitted between the hours of 10:00 p.m. and 7:00 a.m.
Minus 5
Sound of an impulsive character (for example, hammering)
Minus 5
Sound of periodic character (for example, hum or screech)
Minus 5
Sound source operated less than:
20% in any one-hour period
Plus 5*
5% in any one-hour period
Plus 10*
1% in any one-hour period
Plus 15*
*
Apply only one of these corrections.
(2) 
The following uses or activities shall be exempted from the noise regulations:
(a) 
Noises emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m.;
(b) 
Noises caused by safety signals, warning devices and other emergency-related activities or uses;
(c) 
Noises emanating from public or private recreational uses between 7:00 a.m. and 11:00 p.m.
(3) 
In addition to the above regulations, all uses and activities within the Township shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
D. 
Vibrations. No vibration at any time shall produce any acceleration of more than 0.1 g or shall result in the combination of amplitudes and frequencies on any structure beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, entitled "Seismic Effects of Quarry Blasting," or its successor publication. The methods and equations of said publication shall be used to compute all values for the enforcement of this subsection.
E. 
Odors. No use shall emit odorous gas or other odorous matter in such quantities as to be offensive at any point on or beyond the lot lines. The guide for determining such quantities shall be the 50% response level of Table I (Odor Thresholds in Air), Research on Chemical Odors: Part I — Odor Thresholds for 53 Commercial Chemicals, October 1, 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
F. 
Smoke, ash, dust, fumes, vapors and gases. There shall be no emission at any point for longer than five minutes in any hour of visible gray or other color smoke, ash, dust, fumes, vapors or gases with a shade darker than No. 3 on the Standard Ringelmann Chart issued by the U.S. Bureau of Mines; nor shall there be any emission, at any point, from any source, that can cause damage to health, to animals or vegetation or to other forms of property or which can cause excessive soiling at any point.
G. 
Glare. All lighting devices shall be designed with shields, reflectors or refractor panels that direct and cutoff light at a cutoff angle that is less than 60°. (See illustration of cutoff angle in Appendix B.[1]) In no case shall there be spillover lighting on any adjacent residential property in excess of 0.2 footcandle.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
H. 
Erosion. No runoff of water or erosion of land by wind or water shall be permitted onto adjacent properties. Measures satisfactory to the Township shall be installed to control runoff and/or erosion.
I. 
Water pollution. Water quality shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (PA DEP).
J. 
Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
K. 
Continuing enforcement.
(1) 
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Supervisors, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.
(2) 
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 350-138 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the certificate of zoning compliance for the facility or use.
A. 
Buffer areas described. Buffer areas, as defined by this chapter and required by Subsection B, shall meet all of the following criteria. (See Appendix C for illustrations of buffer areas.[1])
(1) 
Buffer Area "A" shall be 35 feet in depth as measured from the property line and shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen plantings spaced within the row a minimum of 15 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner which shall result in adjacent trees on two different rows being no more than 10 feet apart, measured from the vertical center lines of the trees. The row of plantings shall be supplemented by a landscaped earthen berm or earthen mound at least three feet in height planted with grass or ground cover and a row of evergreen hedges or shrubs to provide a visual screen in locations where parking is located within 100 feet of the required buffer area.
(2) 
Buffer Area "B" shall be 25 feet in depth as measured from the property line and shall contain one row of plantings that shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 10 feet apart, measured from the vertical center lines of adjacent trees. The row of plantings shall be supplemented by a landscaped earthen berm or earthen mound at least three feet in height planted with grass or ground cover and a row of evergreen hedges or shrubs to provide a visual screen in locations where parking is located within 100 feet of the required buffer area.
(3) 
Buffer Area "C" shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature and that are a minimum of six feet in height at the time of planting. The depth of Buffer Area "C" shall be 15 feet as measured from the property line.
(4) 
None of the required plantings shall encroach across any property line. All plantings shall be located so that, at maturity, all parts of the tree shall be a minimum of 2 1/2 feet from any public street right-of-way or any property line that constitutes the exterior boundary of the buffer area.
(5) 
In the event that existing vegetation and/or existing topography provides screening that is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining residential properties, the Board of Supervisors, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by the Board of Supervisors to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
(6) 
When there are substantial differences in elevation between the first floor elevation of the proposed construction and the elevation of the property line along which the buffer area is required, the buffer area may be relocated to the top of the slope or the toe of the slope, whichever provides the more effective visual screen.
(7) 
In the event that a public street right-of-way dedicated and accepted by the Township separates the two dissimilar uses specified, the buffer area shall not be required.
(8) 
In the case of a lot that is deeper than 400 feet, the requirement to provide the buffer area along the entire perimeter of the lot may be waived by the Township Supervisors, provided the required buffer area is installed along the side property lines and across the rear yard for a distance sufficient to screen the buildings and parking areas from adjacent properties.
(9) 
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 350-97D of this chapter. (See Appendix A.[2])
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(10) 
No structures or uses shall be permitted in the required buffer area, other than fences, active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the buffer area and provided all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required buffer area include, but are not limited to: buildings, accessory structures, parking spaces, access drives and lighting devices.
(11) 
When common open space is provided on a development site, the required buffer area shall be located within the common open space and shall not be located on any individual residential lot.
[1]
Editor's Note: Appendix C is included at the end of this chapter.
B. 
Buffer areas required. Buffer Areas "A," "B" and "C" listed in Subsection A above shall be required under the following circumstances:
(1) 
Buffer Area "A." Buffer Area "A" shall be required:
(a) 
Along all property lines where any development in the C-2, C-3 or I-1 District adjoins property in an R-A, R-1, R-2 or R-3 District.
(b) 
Where the express standards and criteria for a conditional use or use by special exception in § 350-93 of this chapter specify that Buffer Area "A" is required.
(c) 
Along all property lines where a planned residential development (PRD) adjoins property in an R-A, R-1, R-2 or R-3 District.
(d) 
Along all property lines where any development in the CC District adjoins property in an R-A, R-1 or R-2 District.
(2) 
Buffer Area "B." Buffer Area "B" shall be required:
(a) 
Along all property lines where any development in the C-1 District adjoins property in an R-A, R-1, R-2 or R-3 District.
(b) 
Along all property lines where the expansion of a legal nonconforming use in any zoning district adjoins property in an R-A, R-1, R-2 or R-3 District.
(c) 
Where the express standards and criteria for a conditional use or use by special exception in § 350-93 of this chapter specify that Buffer Area "B" is required.
(d) 
Along all property lines where any development in the CC District adjoins property in an R-3 District.
(3) 
Buffer Area "C." Buffer Area "C" shall be required:
(a) 
Where the express standards and criteria for a conditional use or use by special exception in § 350-93 of this chapter specify that Buffer Area "C" is required.
(b) 
On developed nonresidential properties in the C-1, C-2, C-3 or I-1 District where existing conditions such as building location and existing paving of the parking lot make it impossible to meet the requirements for Buffer Area "B" along a property line that adjoins property in the R-A, R-1, R-2 or R-3 District.
C. 
Conflict between buffer area and yard requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of Articles IV through XIII, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
D. 
Existing structures in buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure that encroaches on the required buffer area. The required buffer area, as determined by Subsection B, shall apply on all other sides of the existing structure.
E. 
Existing trees in buffer areas.
(1) 
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Township has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this section shall be subject to the maximum penalties authorized by this chapter.
(2) 
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. (See Appendix D for a suggested list of plant materials.[3]) All such replacement planting shall be in accordance with accepted conservation practices.
[3]
Editor's Note: Appendix D is included at the end of this chapter.
F. 
Size of trees in required buffer areas.
(1) 
Any existing trees within the required buffer area that are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the description of the required buffer area in Subsection A.
(2) 
All trees required to be planted within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.
G. 
Responsibility for maintenance. It shall be the responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. The landowner shall record a restrictive covenant on the land guaranteeing perpetual maintenance and preservation of the required buffer area. Upon inspection by the Township and issuance of and enforcement notice in accordance with § 350-138B of this chapter, the landowner or lessee shall replace required landscaping materials with like type and size if the required plant materials do not survive for any reason at any time after occupancy of the property.
H. 
Stormwater management facilities in buffer areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
I. 
Landscaping of open areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding shall occur by May 1. Erosion and sedimentation controls acceptable to the Township Engineer shall be installed during the winter months and until such landscaping is completed.
J. 
Additional landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
(1) 
Planting required in buffer areas as outlined in Subsection B shall not be substituted for any required planting mandated in this section.
(2) 
Plant materials shall be selected from the List of Suggested Plant Materials in Appendix D[4] or equivalent materials.
[4]
Editor's Note: Appendix D is included at the end of this chapter.
(3) 
The landscaping plan required by Chapter 292, Subdivision and Land Development, shall contain the following information to demonstrate compliance with this § 350-96:
(a) 
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying the height and width of any proposed mounds.
(b) 
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale.
(c) 
Any planting in excess of the requirements in Subsections B and J of this section.
(d) 
Any existing trees or vegetation that are to be preserved, accurately identifying their relative location.
(e) 
Any existing trees or vegetation that will be removed, accurately identifying their relative location.
(4) 
Parking areas shall be landscaped in accordance with the requirements of § 350-109J of this chapter.
(5) 
In any nonresidential development, deciduous trees shall be planted in accordance with the following schedule.
(a) 
These trees shall be in addition to the trees provided in any required buffer area or parking area:
Building Footprint
(square feet)
Requirement
1,000 to 30,000
1 tree for each 1,000 square feet of building footprint
30,001 to 75,000
A minimum of 30 trees, plus 1 tree for each 3,000 square feet of building footprint in excess of 30,000 square feet
Over 75,000
A minimum of 45 trees, plus 1 tree for each 5,000 square feet of building footprint over 75,000 square feet
(b) 
The required trees shall be planted in clusters on the site and shall be distributed throughout the site to enhance the open space on the site. The final location of the plantings shall be subject to approval by the Township depending on the size of the site, the magnitude of the required buffer area and the amount of paving and building coverage proposed.
(6) 
In any development that contains multifamily dwellings, deciduous trees shall be planted in accordance with the following schedule.
(a) 
These trees shall be in addition to the trees provided in any required buffer area or parking area:
Number of Multifamily Dwellings
Required Trees
First 25 dwelling units
1 tree for each dwelling unit
26 to 100 dwelling units
25 trees, plus 1 tree for each 2 dwelling units in excess of 25 dwelling units
101 to 200 dwelling units
62 trees, plus 1 tree for each 3 dwelling units in excess of 100 dwelling units
201 or more dwelling units
95 trees, plus 1 tree for each 4 dwelling units in excess of 200 dwelling units
(b) 
The required trees shall be planted as front yard trees or may be clustered in groups around the multifamily dwelling units and shall not be located within any public street right-of-way.
(7) 
All trees that are required to be planted as per the regulations of this Subsection J shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
(8) 
In conjunction with the development of property for any use, the applicant shall show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property. "Imminent development" shall mean development that is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum eight-hours-per-day, forty-hours-per-week basis (utilizing a five-day-on, two-day-off, standard-work-week basis) within 30 days of the removal of trees or vegetation and for which a land development plan and landscaping plan have been submitted and approved by the Township.
(9) 
Any existing trees that are not disturbed and are not located within a required buffer area and are a minimum of four inches in diameter at a point one foot above the ground shall count towards the required number of trees to be planted outside of the buffer area.
(10) 
Landscaping required under this Subsection J shall be installed in accordance with the time provisions and requirements for erosion and sedimentation control specified in Subsection I of this section.
K. 
Posting of bond for landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for a period of 18 months from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all zoning districts to the applicable circumstances described below:
A. 
Corner lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute side yards.
B. 
Nonconforming lots of record. See § 350-122 of this chapter.
C. 
Accessory structures. In all zoning districts, the following regulations shall apply to accessory structures:
(1) 
Private swimming pools and associated decks and patios accessory to a dwelling.
(a) 
Swimming pools accessory to a dwelling shall be located at least 15 feet from the rear property line. Swimming pools accessory to a dwelling shall not be permitted in the minimum required front yard or in the minimum required side yard.
(b) 
All swimming pools shall be enclosed by a continuous fence or wall not less than four feet in height with a self-closing, self-latching gate designed to prevent access to the pool when it is not in use. The dwelling may be part of the enclosure.
(c) 
In the case of an aboveground pool, when any point on the top circumference of the pool is less than four feet above the adjacent ground level, the entire pool shall be enclosed by a continuous fence or wall not less than four feet in height with a self-closing, self-latching gate. Any aboveground pool that is at least four feet above the adjacent ground level around the entire top circumference of the pool shall not be required to be fenced, provided the pool has a retractable ladder or steps that are kept retracted when the pool is not in use.
(2) 
Private sports courts accessory to a dwelling. Sports courts accessory to a dwelling shall be located only in a side or rear yard and shall be no closer to the side or rear property line than 15 feet. Lighting of the sports court shall not be permitted. All sports courts shall be enclosed by a fence that is a minimum of 10 feet in height and a maximum of 12 feet in height and that shall contain openings equal to 50% or more of the surface area of the fence. The area of the sports court shall not exceed 50% of the total area of the lot defined by the side lot lines, rear lot line and rear wall of the dwelling.
(3) 
Fences.
(a) 
No fence in any zoning district shall be constructed in any public street right-of-way. Fences in any zoning district that are accessory to a single-family dwelling shall be installed so that the finished side faces the adjoining property.
(b) 
In the R-1, R-2, R-3 and R-4 Districts, all fences shall have openings that comprise at least 25% of the total surface area of the fence, such as board fences, picket fences, chain-link fences and the like.
(c) 
In the R-1, R-2, R-3 and R-4 Districts, fences that have openings that comprise at least 25% of the surface area of the fence may be erected in the minimum required side or rear yard, provided the maximum height of the fence shall not exceed six feet.
(d) 
In the R-1, R-2, R-3 and R-4 Zoning Districts, fences may be permitted in the minimum required front yard, provided the maximum height of the fence shall not exceed four feet.
(e) 
In the P Public and C Commercial Districts, the maximum height of a security fence shall be eight feet. Solid screening fences shall be permitted as otherwise provided for by this chapter to screen dumpsters, loading berths and outside storage areas.
(f) 
In the I Industrial District, the maximum height of a fence or wall shall be 10 feet. Solid screening fences shall be permitted as otherwise provided for by this chapter to screen dumpsters, loading berths and outside storage areas.
(4) 
Fences and landscaping adjacent to streets. All fences, buffer areas or other landscaping material shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties and shall comply with the clear sight triangle required by § 350-97D.
(5) 
Satellite dish antennas. Satellite dish antennas, for personal use by private citizens, not including communications antennas, as defined by this chapter, shall be permitted as an accessory use subject to the following requirements:
(a) 
Satellite dish antennas that have a diameter of one meter or less shall be exempted from these regulations.
(b) 
In the case of satellite dish antennas greater than one meter in diameter, only one satellite dish antenna shall be permitted on a residential lot. In all zoning districts, satellite dish antennas shall not be permitted in front yards. In the R-A, R-1, R-2 or R-3 Zoning Districts, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall be 12 feet.
(c) 
In zoning districts other than an R-A, R-1, R-2 or R-3 District, any satellite dish antenna greater than one meter in diameter that is installed on any lot or on any roof or above any building shall not exceed 20 feet in diameter. In all zoning districts, the maximum height of any freestanding satellite dish antenna shall be 25 feet and, in the case of satellite dish antennas mounted on a roof or above a building, the maximum height shall be no greater than 25 feet above the highest point on the roof.
(d) 
In all zoning districts, no part of any satellite dish antenna shall be located closer than 10 feet to any property line.
(6) 
Radio or television antennas. A radio or television antenna for personal use by private citizens shall be permitted as an accessory use, subject to the following requirements, except as these provisions may be superseded by any applicable Federal Communications Commission (FCC) ruling:
(a) 
A radio or television antenna structure may be mounted on a roof or installed in a rear yard only, provided that no such structure shall be located within 20 feet of any property line.
(b) 
The maximum height for such structure shall not exceed that otherwise allowed in the zoning district in which it is located by more than 20 feet. If placed on a roof, any antenna structure exceeding eight feet in height shall be mounted with guyed wires.
(c) 
Any such structure shall comply with applicable Airport Zoning and Federal Communications Commission (FCC) regulations.
(d) 
Radio or television antenna structures located on the ground shall be screened from adjacent properties by evergreen trees or other suitable material, as approved by the Township.
(7) 
Canopies and similar structures. Canopies and similar permanent freestanding roofed structures without walls shall be permitted to cover outdoor seasonal display and sales areas or fuel-dispensing areas accessory to authorized uses in the C-1, C-2 and C-3 Commercial Districts, provided that:
(a) 
Such structure shall not be attached to the principal building;
(b) 
Such structure shall be located at least 10 feet from any property line or street right-of-way;
(c) 
Such structure shall not be enclosed; and
(d) 
Such structure shall be removed immediately, once the principal use or the use of the accessory structure is discontinued.
(8) 
Residential accessory storage structures and detached garages.
(a) 
No detached garage or storage structure accessory to a dwelling shall be located in the minimum required front yard. Detached garages and storage structures accessory to a dwelling shall be located at least 10 feet from any side or rear property line if the floor area of the structure is 500 square feet or less. If the floor area of the structure is more than 500 square feet, the structure shall be located at least 15 feet from any side or rear yard.
(b) 
In the R-1, R-2 and R-3 Districts, the maximum floor area of any detached garage or residential accessory storage structure shall be related to the size of the residential lot, in accordance with the following:
Size of Lot
(square feet)
Maximum Floor Area of Accessory Structure
(square feet)
Up to 21,780
500
21,780 to 43,560
1,000
Over 43,560
1,500
(9) 
Structures accessory to nonresidential structures and buildings.
(a) 
No structure accessory to a nonresidential building or structure, other than a sign or off-street parking area, shall be located in the front yard. Off-street parking areas and signs shall be subject to the requirements of Articles XVII and XVIII of this chapter.
(b) 
Structures accessory to nonresidential buildings or structures shall not be located within any required buffer area. Where a buffer area is not required, setbacks for accessory structures shall comply with the requirements specified in each zoning district.
(10) 
Distance from principal buildings. All accessory storage structures and garages shall be located at least 10 feet from any principal building, except that if a detached garage accessory to a dwelling is connected to the dwelling by contiguous side walls, breezeways or similar connections, the distance between the dwelling and the connected garage may be less than 10 feet.
D. 
Visibility at intersections. No object, including, without limitation, fences, landscaping rocks, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three feet as measured from the lowest elevation of the center line of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required at the intersection of two streets or the intersection of a driveway or private lane with a public street. The required clear sight triangle is illustrated in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
The following shall be permitted to project into any required yard in any zoning district:
A. 
Typical architectural features of the principal structure, including, but not limited to: bay windows, windowsills, chimneys, cornices and eaves, shall be permitted to project into required yards no more than 18 inches.
B. 
Decks and their stairs, stoops and unenclosed porches without enclosed habitable foundation or space and without a roof or walls shall be permitted to project into required front, side and rear yards no more than three feet. Porches that have a roof or walls or that are enclosed or have enclosed habitable foundations shall be subject to the yard requirements for the principal structure.
C. 
Steps attached to the principal building and open fire escapes shall be permitted to project into required yards no more than three feet.
The height limitations of this chapter shall not apply to the following structures, provided they do not exceed the height limitations of the district by more than 15 feet: church spires, chimneys, elevator bulkheads and other mechanical equipment that is part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures and other structures not intended for human habitation. The foregoing exceptions shall not apply to communications towers, communications antennas and their facilities.
All businesses that propose drive-through facilities, as defined by this chapter, as accessory uses or principal uses shall meet all of the following requirements:
A. 
Drive-through facilities proposed on parcels within a planned shopping center shall have access only from the interior circulation system within the planned shopping center site. All other properties shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
B. 
In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in one lane, with a total length of 100 feet, in direct line with each service position, shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.
C. 
Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
D. 
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
Temporary construction trailers, model homes or sales offices shall be permitted in any zoning district subject to the following conditions:
A. 
Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit, under Township approval to install public improvements, during road or bridge construction or other public works projects or during the installation of public utilities. The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit or upon completion of the installation of the public improvements in a plan of subdivision. In the event that construction is phased, the temporary construction trailer shall be moved from the completed phase to the next phase when 90% of the required improvements in the completed phase have been installed as determined by the Township Engineer, provided a valid grading permit or building permit has been issued for the next phase.
B. 
Model homes or sales offices shall be permitted only until 90% of the lots or dwelling units in the development are sold. In the case of a phased development, the use of a model home or sales office shall be permitted to continue only if the subsequent phase is initiated within six months of the completion of 90% of the lots or dwelling units in the prior phase.
C. 
A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer in accordance with the requirements of § 350-142 of this chapter prior to the commencement of construction and shall be renewed every six months, if necessary, until the project is completed.
D. 
Temporary construction trailers that are located on the lot or development site on which the construction is progressing shall not be located within 25 feet of any property line adjoining property in an R-A, R-1, R-2 or R-3 District. All other temporary construction trailers that are located within a public right-of-way or on private property adjacent to a public right-of-way shall comply with the clear sight triangle requirements of § 350-97D and shall be subject to the granting of permission from the owner of the property or the right-of-way.
E. 
Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use whatsoever.
F. 
No signs or other advertising materials for the project shall be attached to the temporary construction trailer; however, the name of the construction company may appear on the trailer.
G. 
"Class 3" materials, as classified by the National Fire Prevention Association (NFPA), shall not be stored in temporary construction trailers.
H. 
Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the zoning district in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within 25 feet of any property line. No signs or other advertising information shall be located on the outside of the trailer or sales office.
I. 
Model homes or sales offices located in a trailer shall not be utilized for any dwelling use whatsoever during the time they are approved as a temporary use or structure in accordance with the provisions of this section.
J. 
Model homes or sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.
K. 
Model homes or sales offices shall meet all applicable Uniform Construction Code (UCC) and ADA (Americans with Disabilities Act) requirements.
In the R-A District, agriculture, as defined herein, conducted on a farm and related activities conducted on a farm or on other properties, when authorized by this chapter, including pet grooming, boarding stables, commercial greenhouses, riding academies, kennels, private stables and specialized animal raising, shall be subject to the following requirements:
A. 
Storage of manure, odor- or dust-producing substances shall be located at least 200 feet from any property line.
B. 
Any stable or other building used for the sheltering, keeping, raising or feeding of horses, livestock and poultry shall be located at least 200 feet from any property line on properties of 10 acres or more. Such buildings shall be located at least 75 feet from any property line on properties having at least five acres, but less than 10 acres.
C. 
A commercial greenhouse heating plant shall be at least 100 feet from any property line.
D. 
All grazing and pasture areas shall be adequately fenced to properly enclose the animals and to protect adjacent property.
E. 
Private stables on properties of five acres or more, but less than 10 acres, shall be accessory to the stable owner's dwelling.
F. 
The number of horses maintained in a private stable shall be limited to one animal for the first five acres, plus one animal for each additional acre or portion thereof up to 10 acres, not to exceed a total of six horses. There shall be no limit on the number of horses on properties of 10 acres or more.
G. 
Private stables shall be subject to all other applicable regulations of this § 350-102.
H. 
Agricultural sales, as defined herein, shall be permitted accessory to a farm, as defined herein, in the R-A District only, subject to the following regulations:
(1) 
All sales shall be conducted on the premises of a farm, as defined and regulated by this chapter.
(2) 
Products sold shall include only products raised, grown or produced on the farm.
(3) 
All permanent structures shall comply with the yard requirements for principal structures in the district in which the property is located.
(4) 
Seasonal roadside stands shall be located no closer than 15 feet to any street right-of-way or property line, and shall be removed at the end of each growing season.
(5) 
Buildings used for retail sales of agricultural products shall not exceed 1,000 square feet of sales floor area for every 10 acres of land farmed. No building used for agricultural products shall exceed 5,000 square feet in sales area.
(6) 
Off-street parking for permanent structures shall be provided in accordance with the requirements of § 350-110 for retail businesses. Off-street parking for permanent structures shall be designed in accordance with the requirements of § 350-109.
(7) 
Off-street parking for seasonal roadside stands shall be designed in accordance with § 350-109; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
(8) 
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 350-110 for retail businesses; however, in no case shall less than five spaces be provided.
(9) 
Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right-of-way and do not park or stand on any street or berm.
(10) 
Signs shall comply with the requirements of Article XVIII. Signs shall be located on the property and shall be removed at the end of the growing season.
I. 
Seasonal activities such as hay rides, spring and fall festivals and similar activities related to the farm shall be subject to all applicable requirements of § 350-142 for temporary uses, provided adequate parking is provided in a temporary parking area based on the ratio specified in § 350-110C for "all other uses."
A. 
Outdoor storage in commercial and industrial districts.
(1) 
In the C-1, C-2, and C-3 Commercial Districts, storage of materials outside a completely enclosed structure shall not be permitted, except for convenience stores, vehicle sales, nurseries, garden supply, building supply, custom crafting and similar businesses that require outside storage of products offered for sale. In the case of nurseries, garden supply, building supply, custom crafting and similar businesses, outside storage areas larger than 1,000 square feet shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge that is at least six feet in height.
(2) 
In the I-1 Industrial District, any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location that screens the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property. If existing buildings do not screen the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property, the area shall be screened by a hedge or opaque fence at least eight feet in height.
B. 
Refuse collection and waste disposal. In all districts, all organic rubbish and discarded materials shall be placed in tight verminproof containers on the property and shall be secured in side or rear yards screened from public view by means of a solid-face fence or wall at least six feet in height. Containers shall be emptied once a week. On properties where food is served in paper containers, covered waste receptacles shall be conspicuously located on the premises for use by patrons. The management shall be responsible for maintaining the property free of litter. All nonresidential uses shall provide trash receptacles that are completely enclosed by a screening fence secured by a self-latching gate.
C. 
Storage of recreational vehicles. The parking or storage of recreational vehicles shall not be permitted in any front yard in any R-1, R-2 or R-3 District. Recreational vehicles with a current license or registration and a valid inspection sticker may be parked or stored in the side or rear yard of property in any R-1, R-2 or R-3 District. At no time shall any parked or stored recreational vehicle be occupied or used as a dwelling.
D. 
Parking of commercial vehicles and equipment. Commercial vehicles and equipment, including trucks in excess of one-ton capacity, tandems, tractor-trailers, tractors or other commercial or construction or cargo-moving vehicles or equipment shall not, under any conditions, be stored outside a completely enclosed building or parked outside overnight between the hours of 10:00 p.m. and 7:00 a.m. in any R-1, R-2 or R-3 District, other than on construction sites for an approved subdivision or land development, on sites for which a valid grading permit, zoning permit or building permit is in effect; or on farms that are being used for agriculture, as defined by this chapter.
E. 
Aboveground or below-ground storage tanks.
(1) 
All aboveground and below-ground storage tanks shall comply with Title 25, Chapter 245, Administration of the Storage Tank and Spill Prevention Program, regulations of the Pennsylvania Department of Environmental Protection (PA DEP).
(2) 
Aboveground water storage tanks shall be exempt from the height regulations of this chapter, provided they are set back from all property lines a distance equal to the height of the storage tank.
(3) 
All other aboveground storage tanks shall not exceed 10 feet in height and shall be set back from all property lines at least 10 feet.
(4) 
Below-ground storage tanks shall be located at least five feet from all property lines.
Forestry, as defined herein, shall be conducted in accordance with the following provisions. Proof of compliance with all requirements shall be submitted with the application for a zoning certificate.
A. 
All operations shall be located at least 300 feet from any existing dwelling.
B. 
All operations shall be discontinued between 7:00 p.m. and 7:00 a.m., provided further that such operations shall not take place during any hours on Sundays or legal government holidays.
C. 
Routes to be used by the hauling trucks shall be approved by the Township and the operator shall demonstrate that there shall be no negative impact on Township roads from the proposed operation.
D. 
The operator shall provide the Township with a copy of a videotape of the condition of all roads to be utilized in the forestry operation prior to commencing operations.
E. 
A performance bond shall be posted in favor of and in the amount required by the Township to guarantee restoration of Township roads used as hauling routes.
F. 
The operator shall be responsible for cleaning dirt and debris from public streets daily during the operation.
G. 
The applicant shall submit a copy of the state and/or county permit for hauling on state and/or county roads.
H. 
The applicant shall supply the Township with the name of an on-site contact person.
I. 
Compliance with other laws and regulations.
(1) 
The applicant shall show compliance with the following laws and regulations of the commonwealth and all necessary permits shall be maintained during the operation:
(a) 
Erosion and sedimentation control regulations contained in Chapter 102, issued pursuant to the Pennsylvania Clean Streams Law;[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(b) 
Stream-crossing and wetlands protection regulations contained in Chapter 105, issued pursuant to the Pennsylvania Dam Safety and Encroachment Act;[2]
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
(c) 
Stormwater management plans and regulations issued pursuant to the Pennsylvania Stormwater Management Act.[3]
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
(2) 
Any suspension or revocation of a state permit shall constitute revocation of zoning approval and the operator shall be subject to the enforcement provisions of § 350-138 of this chapter.
J. 
A logging plan prepared and sealed by a registered surveyor or engineer shall be submitted that shows, at a minimum:
(1) 
The design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;
(2) 
The design, construction and maintenance of water-control measures and structures such as culverts, broad-based dips, filter strips and water bars;
(3) 
The design, construction and maintenance of stream and wetland crossings, if any;
(4) 
The general boundaries of the proposed operation in relation to Township and state or county roads, including any accesses to those roads;
(5) 
The site location, including boundaries of the property and boundaries of the proposed harvest area;
(6) 
Significant topographic features;
(7) 
The location of all earth-disturbance activities, such as roads, landings and water control measures and structures; and
(8) 
The location of all crossings of waters of the commonwealth.
K. 
Felling or skidding on or across any public street is prohibited without the express written consent of the Township, Westmoreland County or the Pennsylvania Department of Transportation (PennDOT), whichever is responsible for maintenance of the street.
L. 
No remnants of trees or debris shall be left within 25 feet of any public street or any private road providing access to adjoining residential property during the operation.
M. 
All remnants of trees, stumps and debris within 50 feet of a public street or residential property line shall be cut to a maximum of four feet above the adjacent ground level following completion of the forestry operation.
N. 
No remnants of trees or debris shall be left on any adjoining property or across any property line without the consent of the adjoining owner during the operation.
O. 
Upon completion of the forestry operation, haul roads shall be restored to their original condition.
All no-impact home-based businesses, as defined herein, shall comply with the following:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to: parking, signs or lights.
E. 
No on-site parking of commercially identified vehicles shall be permitted.
F. 
The business activity shall not use any equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.
G. 
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
H. 
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.
I. 
The business shall not involve any illegal activity.
J. 
The business shall register annually in January of each year with the Zoning Officer or his or her designated representative to demonstrate continuing compliance with these regulations.
All communications antennas, as defined herein, shall be subject to the following:
A. 
Building-mounted antennas shall not be permitted on any dwelling.
B. 
The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).
C. 
The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.
D. 
Building-mounted antennas shall be permitted to exceed the height limitations of the district by no more than 20 feet. Antennas mounted on an existing public utility or transmission structure shall not project more than 20 feet above the height of the structure.
E. 
Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.
F. 
Directional or panel antennas shall not exceed five feet in height or two feet in width.
G. 
Satellite and microwave dish antennas mounted on the roof of a building shall not exceed six feet in diameter.
H. 
Satellite and microwave dish antennas mounted on an existing public utility storage or transmission structure shall not exceed two feet in diameter.
I. 
The height and location of the proposed antennas shall be designed so that, in the event of collapse, the antennas will fall within the boundaries of the property on which they are to be located.
J. 
The applicant proposing a building-mounted antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's location.
K. 
Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet or equipment building shall be provided to the Township.
L. 
The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.
M. 
Unless located within a secured building, the equipment cabinet or equipment building shall be fenced by a ten-foot high chain-link security fence with locking gate. If the equipment cabinet or equipment building is visible from any public street or adjoining property in an R-A, R-1, R-2 or R-3 District, the equipment cabinet or equipment building shall be screened by a minimum six-foot-high compact evergreen hedge.
N. 
If vehicular access to the equipment cabinet or equipment building is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided that has a minimum width of 20 feet and that shall be improved with a dust-free all-weather surface for its entire length.
O. 
At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.
All oil and gas well operations, as defined herein, shall be subject to the following regulations:
A. 
All activities conducted in association with, and as a part of, oil and gas wells shall be in accordance with the Commonwealth of Pennsylvania Oil and Gas Act (Act 1984-223), as amended,[1] and any other applicable federal, state, county and Township statutes.
[1]
Editor's Note: See 58 P.S. § 601.101 et seq.
B. 
Permits issued by other agencies and authorities.
(1) 
The applicant shall have obtained from appropriate state and other applicable regulatory agencies or authorities permits issued in accordance with all applicable laws and regulations for the proposed use. In the event such permits have not been issued at the time Township conditional use approval is requested, applicant's zoning approval shall be expressly conditioned on the granting of necessary permits as required by the above agencies or authorities.
(2) 
At the time of making application to such authorities, the applicant shall file with the Township Secretary or his/her authorized designee a copy of each state or federal application with supporting documentation for the proposed use.
C. 
The applicant shall provide a description of plans for the transportation of materials and equipment to construct the facility, and measures that will be taken to maintain all roads within the Township that are used to transport materials and equipment, and to repair any damages to the roads that may occur as a result.
D. 
Any material stored outside an enclosed structure being used as an incidental part of the primary operation shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining occupied residential properties. Such materials shall not be deemed to include operable vehicles.
E. 
An emergency response plan shall be submitted addressing methods to handle the following:
(1) 
Well leakage.
(2) 
Spill containment.
(3) 
Vandalism creating unknown conditions.
(4) 
Defective casing or cementing.
(5) 
Potential communication between the well and the public water supply.
F. 
The applicant shall provide certification that a bond is held by the Pennsylvania Department of Environmental Protection (PA DEP) to ensure proper plugging when the well is classified as inactive by the PA DEP.
G. 
The applicant shall provide a schedule indicating the following dates:
(1) 
Site preparation beginnings and endings.
(2) 
Anticipated drilling activity beginnings and endings.
(3) 
Anticipated completion (perforating) work to begin and end.
(4) 
Anticipated stimulation (fracturing) work to begin and end.
(5) 
Anticipated production work to begin and end.
(6) 
Anticipated plugging date.
H. 
Adequate security measures shall be proposed to protect wellheads that are in a remote location.
I. 
The access road to the well site shall be improved with a dust-free, all-weather surface in such a manner that no water, sediment or debris will be carried onto any public street.
J. 
An off-street area for maintenance vehicles to stand while gaining entrance to the access road shall be provided that does not disrupt the normal flow of traffic on the public street.
K. 
Roads.
[Added 7-21-2011 by Ord. No. 5-2011[2]]
(1) 
Prior to any construction, the applicant shall provide a map of the proposed routes of all trucks to be utilized for hauling to and from the gas and oil well site, and shall minimize impact upon Township roads whenever feasible. 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 applicant shall also show satisfactory evidence to the Township Engineer that intersections along proposed hauling routes provide a sufficient turning radius for trucks, such that all turns can be safely made without damage to vehicles, sidewalks, curbs or surrounding property.
(2) 
The applicant or operator shall post a bond or other financial security in favor of the Township and in a form acceptable to the Township and enter into Road Maintenance Agreement, prior to beginning operations, regarding maintenance and repair of Township roads that are to be used by vehicles for development activities. The applicant shall conduct an inventory, analysis and evaluation of existing road conditions on Township roads along the proposed transportation route identified by the applicant, including photography and video. The Township Road Maintenance Agreement will identify the responsibilities of the applicant to prepare, maintain, and repair Township roads before, during and immediately after drilling operations associated with the gas resources development. The applicant shall take all necessary corrective action and measures as directed by the Township pursuant to the agreement to ensure the roadways are repaired and maintained during and immediately after drilling operations associated with the gas resources development.
(3) 
In addition, should the Township Engineer reasonably determine that preventative measures, such as shoring of bridges or putting protective mats over utility lines, should be taken to prevent damage to Township roads, bridges or utilities, then the applicant shall install such protective measure as directed by the Township Engineer, prior to beginning operations.
(4) 
Upper Burrell Township declares that oil and gas development is a conditional use in the R-A Agricultural Residential, P Public and I Industrial Zoning Districts in the Township, subject to the following conditions:
(a) 
Where gas and oil resource development constitutes a land development pursuant to the Township Code, all provisions of the applicable Township ordinances shall apply, except as preempted by state or federal law. The drilling pad, natural gas compressor stations or natural gas processing plants shall comply with all setback and buffer requirements of the zoning district in which they are located. Equipment and drilling rigs shall be set back (a fall zone) from protected structures, property lines, streets or buildings a distance of one and 1.5 foot for every foot of height of equipment.
(b) 
The applicant shall take the necessary safeguards to ensure that the Township roads utilized remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur. Beginning with its intersection with a public street, any access road for the development shall be at least 20 feet in width. The applicant shall comply with Township Code regarding connecting driveways, roads, or construction entrances to Township roads, and Township construction standards. Operator shall take the necessary safeguards to ensure appropriate dust control measures are in place. Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.
(c) 
An off-street area within the development site for vehicles to stand while gaining access to the gas well site shall be provided so that the normal flow of traffic on the public street is undisturbed.
(d) 
The applicant shall take all necessary precautions to ensure the safety of persons in area established for road crossing and/or adjacent to roadways. During periods of anticipated heavy or frequent truck traffic associated with the development, the applicant will coordinate with the Township to develop a safety plan which may include flagmen to ensure the safety of motorists and pedestrians and take measures that include adequate signs and/or other warning measures for truck or vehicular traffic. Where traffic associated with the development is in proximity of school bus stops, the operator will coordinate with the Township and school district on a safety plan to avoid truck traffic during peak school bus activity time periods, which may include providing flagmen to ensure the safety of children waiting or leaving school buses.
[2]
Editor's Note: This ordinance also provided the following:
Basic provisions.
A. The regulation of well sites herein will permit reasonable access to a significant portion of the gas resources in the Township, while protecting certain other uses and by regulating gas and oil well use in a manner consistent with traditional zoning regulations without primarily regulating the technical aspects of oil and gas well functioning.
B. Upper Burrell Township recognizes that the regulation of oil and gas operations is the primary responsibility of the regulatory agencies of the Commonwealth of Pennsylvania, but that the Township maintains its zoning power as set forth in 53 P.S. § 10101 et seq., as amended, the Pennsylvania Municipalities Planning Code, and through the Upper Burrell Township Zoning Ordinance.
C. This ordinance applies to all oil and gas well sites, natural gas compressor stations, and natural gas processing plants that will be permitted or constructed.
L. 
Noise. The Township recognizes and acknowledges that oil and gas development is accompanied by inherent noise. However, the operator shall take the following steps to minimize, to the extent practicable, the noise resulting from the development.
[Added 7-21-2011 by Ord. No. 5-2011]
(1) 
Prior to drilling of an oil and gas well or the operation of a natural gas compressor station or a natural gas processing plant, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure or, alternatively, and in lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this ordinance,[3] 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.
[3]
Editor's Note: "This ordinance" refers to Ord. No. 5-2011.
(2) 
The operator shall provide documentation of any established, seventy-two-hour evaluation, relied upon to establish an ambient noise level greater than 55 dBA to the Township's Zoning Officer within three business days of such a request from the Zoning Officer.
(3) 
The noise generated during drilling, hydraulic fracturing activities, oil and gas operations or the natural gas compressor station or the natural gas processing plant, when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation) or default level, whichever is higher:
(a) 
During drilling activities by more than seven decibels during the hours of 6:00 a.m. to 10:00 p.m.;
(b) 
During drilling activities by more than five decibels during the hours of 10:00 p.m. and 6:00 a.m.; or
(c) 
By more than 10 decibels during hydraulic fracturing operations. The operator shall inform the Township which level (average ambient noise level or default level) is being used.
(4) 
Adjustments to the foregoing noise limits may be permitted in accordance with the following:
Permitted Increase
(dBA)
Duration of Increase
(minutes)*
5
15
10
5
15
1
20
1
*
Cumulative minutes during any one hour.
(5) 
If a complaint is received by the Township from any person, whether a resident or otherwise using the protected structure as defined herein for any lawful purpose; regarding noise generated during drilling or hydraulic fracturing activities, the operator shall, within 24 hours of receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:
(a) 
The complainant's protected structure property line nearest to the well site or equipment generating the noise; or
(b) 
One hundred feet from the protected structure.
(6) 
If the operator engages in any noise testing as required by this ordinance,[4] it will provide preliminary data to the Township no later than 10 business days following the completion of the noise testing. Once the monitoring is complete, operator will meet with Township representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded. If noise levels violate the standards set forth in this ordinance,[5] sound-mitigating techniques and/or devices may be required to meet acceptable levels.
[4]
Editor's Note: "This ordinance" refers to Ord. No. 5-2011.
[5]
Editor's Note: "This ordinance" refers to Ord. No. 5-2011.
(7) 
Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless it is equipped with: an exhaust muffler; or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer's specifications.
(8) 
All work-over operations shall be restricted to the hours of 6:00 a.m. to 10:00 p.m., except in the extent of an emergency, as reasonably determined by the operator. "Work-over operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.
M. 
Emergency services. The operator shall, prior to drilling, provide the Township adequate information to deal with any potential dangerous conditions that may result due to development activities. First responders shall have on-site orientation and be provided adequate awareness information. Upon request from the Township, operator will, prior to drilling of an oil and gas well, make available with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the operator anticipates drilling activities in the Township. Operator shall provide appropriate maps, material safety data sheets and emergency plan and Preparedness, Prevention and Contingency Plan (PPC) documents to the Township Manager. The operator shall provide 24/7 contact information, including a supervisor's name and a toll-free number, to all Township emergency service providers, the Township Manager and on signage at the entrance to the well site. Warning signs must be posted providing notice of potential dangers at the well site.
[Added 7-21-2011 by Ord. No. 5-2011]
N. 
Lighting.
[Added 7-21-2011 by Ord. No. 5-2011]
(1) 
Recognizing that adequate and appropriate lighting is essential to the safety of those involved in the development of oil and gas, the operator shall take steps, to the extent practicable, to direct sight lighting downward and inward toward the drill site, wellhead, or other area being developed so as to attempt to minimize glare on public roads and adjacent buildings within 300 feet of the drill site, wellhead, or other area being developed.
(2) 
Recognizing that the specific location of equipment and facilities is an important an integral part of oil and gas development, as part of the planning process, operator shall strive to consider location of its temporary and permanent operation, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property.
O. 
Public notice. Prior to drilling an oil and gas well, but not later than two weeks prior to drilling, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well:
[Added 7-21-2011 by Ord. No. 5-2011]
(1) 
A copy of the well survey plat showing the locations of the planned wells;
(2) 
A general description of the planned operations at the planned well and associated equipment used in the development of the well;
(3) 
The contact information for the operator; and
(4) 
The availability of the operator to hold a meeting with such residents to present operator's plans for the well and to allow for questions and answers. The meeting shall be held prior to well site construction.
P. 
Application.
[Added 7-21-2011 by Ord. No. 5-2011]
(1) 
Any applicant desiring approval of a conditional use application pursuant to this ordinance[6] shall submit a written application. Before submitting an application, the applicant is strongly encouraged to meet with the municipal staff to determine the requirements of and the procedural steps for the application. The intent of this process is for the applicant to obtain necessary information and guidance from the staff before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation. The application shall not be considered complete and properly filed unless and until all items required by this ordinance, including application fee, have been received. Such application shall include the following in formation and plans:
(a) 
Application for land development other than a subdivision according to § 292-18B of Chapter 292, Subdivision and Land Development, as applicable.
(b) 
Applicant shall comply with all Upper Burrell Township ordinances. An addendum listing the various ordinances of the Township which may apply is attached; this addendum is for reference purposes and is not meant to be all inclusive.[7]
[7]
Editor's Note: Said addendum to Ord. No. 5-2011 provided the following:
Addendum. The operator, when making application to the Township of Upper Burrell, is encouraged to familiarize themselves with the ordinances of the Township. This is not intended to be all-inclusive and is included for reference purposes. Ordinances which may in part or in whole have an impact on the application and subsequent land development may include the following:
Ordinance No. 1 of 2011, Floodplain Ordinance
Ordinance No. 1 of 2009, Zoning Ordinance
Ordinance No. 2 of 2007, Subdivision and Land Development
Ordinance No. 3 of 2007, Driveways, Roads, Streets or Drainage Facilities to Township Roads
Ordinance No. 4 of 2007, Grading, Excavating and Filling
Ordinance No. 2 of 2005, Uniform Construction Codes
Ordinance No. 2 of 1974, Registration of Tenants
Ordinance No. 1 of 1994, Road Cleaning Surrounding Construction Logging and Well Drilling Sites
Ordinance No. 4 of 1968, Parking Regulations
Ordinance No. 2 of 1980, Hauling In Excess of Posted Weight Limit
(c) 
Provide written evidence that legal notice of the intent to drill has been given to the property owner(s) who have legal or equitable title in and to the surface of the proposed development.
[6]
Editor's Note: "This ordinance" refers to Ord. No. 5-2011.
(2) 
As a condition of permit approval, applicant shall provide all permits and plans form the Pennsylvania Department of Environmental Protection and all other appropriate regulatory agencies within 30 days of receipt of such permits and plan.
(3) 
Access directly to state roads shall require Pennsylvania Department of Transportation (PennDOT) Highway Occupancy Permit Approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the Highway Occupancy Permit. Access directly to Township roads shall require a Township Driveway Permit prior to initiating any work at a well site.
(4) 
Copies of any and all permits and applications submitted to the various local, county, state and federal agencies. Permits and plans shall include but not be limited to the Pennsylvania Department of Environmental Protection well application and permit, ESCGP-1 or other erosion and sedimentation permits and all air, water and waste management permits.
(5) 
The applicant shall provide the GIS location and make application to the Township for a 911 address of the well site. The applicant must mark the site at the entrance where it intersects with a Township road using a reflective address sign, in accordance with Pennsylvania Department of Transportation standards, as amended.
(6) 
During construction, the operator shall remove and dispose of all uprooted trees, stumps, rubbish, construction materials and debris promptly in the interest of public safety. All refuse stored on site for final off-site disposal shall be located within a building, covered dumpster or other enclosure designed and constructed for the proper storage of such material.
(7) 
No employees, subcontractors or other persons shall be housed on the well site, compressor station site or processing plant site except supervisory personnel necessary for safety reasons. Any applicant must register all supervisory personnel occupying a bunk house with the Township Tax Collector in accordance with Ordinance No. 2 of 1991, requiring the owners of all occupied structures to register the occupants.[8] The operator shall meet all state and local water and sewage standards.
[8]
Editor's Note: See Ch. 244, Rental Property, Art. I, Rental Occupancy Reports.
(8) 
The Township recommends all condensate tanks located on drilling sites, compressor stations and/or processing plants shall be equipped with vapor recovery and/or vapor destruction units or the best technology available.
(9) 
The applicant shall make reasonable efforts to avoid and/or mitigate any disruption or loss of radio, telephone, cellular phone, television or similar signals, and shall mitigate any harm caused by the oil and gas development in a timely manner.
(10) 
Drip pans or other containment devices are required on equipment that could potentially leak, discharge or spill hazardous liquids. The operator is responsible for any spills involving waste materials, oil, gas, toxic or hazardous substances and shall notify the Township of any such spill.
Q. 
Fencing.
[Added 7-21-2011 by Ord. No. 5-2011]
(1) 
Install chain-link fencing at least six feet high and install permanent fall protection fencing meeting OSHA requirements around any pit for impoundment of liquid at a depth greater than two feet. A sample standard follows for guidance:
(a) 
Support posts shall be set in concrete and imbedded into the ground to a depth of sufficient to maintain the stability of the fence. Temporary fence posts shall not be required to be set in concrete;
(b) 
The chain-link fence shall have a minimum thickness of 11 gauges;
(c) 
Tension rods shall be 3/8 inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having six-inch minimum take-up. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch;
(d) 
All chain-link fences shall be equipped with at least one gate. The gate shall meet the following specifications:
[1] 
Each gate opening shall not be less than 12 feet wide and be composed of two gates, each of which is not less than six feet wide, or one sliding gate not less than 12 feet wide. If two gates are used, gates shall latch and lock in the center of the span.
[2] 
The gates shall be provided with a combination catch and locking attachment device for a padlock, and shall be kept locked when no one is working on the site.
(e) 
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.
(f) 
Upon completion of drilling or redrilling, including hydraulic fracturing and associated processes, security fencing consisting of a permanent chain-link fence shall be promptly installed at the oil or gas well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site.
(g) 
The Township First Responders shall be given means to access oil and gas well sites in case of an emergency. Applicant must provide County 911 Communications Center necessary information to access the well pad in case of an emergency.
(h) 
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. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the pad site.
(2) 
Operator shall comply with all FAA requirements for equipment, where applicable, and inform medical helicopters of any equipment, where applicable.
R. 
Interpretation and severability. This ordinance[9] is interpreted to be applied so that it meets all federal and state constitutional and statutory requirements. This ordinance is to be interpreted and applied to impose zoning regulations identifying where gas and oil well uses are permitted in the Township and not to regulate technical aspects of gas and oil well operation, including technical aspects of oil and gas well functioning and matters ancillary thereto governed by the Pennsylvania Oil and Gas Act[10] and regulations adopted pursuant thereto. The provisions of this ordinance are severable. If any provision or part thereof if held to be illegal or invalid, the remaining provisions shall remain in full force and effect. If any provision hereof is held to be preempted by the Pennsylvania Oil and Gas Act, then such provision and all remaining provisions shall be applicable to the extent it is consistent with and not preempted by the Act.
[9]
Editor's Note: "This ordinance" refers to Ord. No. 5-2011.
[10]
Editor's Note: See 58 P.S. § 601.101 et seq.
S. 
Technical standards. Technical standards contained within this ordinance[11] may be amended from time to time by resolution of the Board of Supervisors of Upper Burrell Township.
[11]
Editor's Note: "This ordinance" refers to Ord. No. 5-2011.