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