Township of Clinton, PA Additional Regulations

The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming use may be expanded through conditional use approval by the Board of Supervisors up to 50% of the gross floor area occupied by the establishment, including accessory uses thereto, as existing at the time of adoption of this chapter or subsequent amendment rendering the use nonconforming. The expansion shall be limited to that necessary to maintain the economic viability of the use or establishment given existing industry trends, standards, and required components of production of services and/or goods.

A nonconforming principal structure which is nonconforming in whole or in part due to encroachment into a minimum front yard may be expanded or an accessory structure may be constructed provided that the addition or accessory structure is constructed no closer to the front lot line than said structure and that remaining yard requirements are met.

Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter.

Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, this article shall also apply to any uses which thereby become nonconforming.

A landowner may request registration of a nonconforming use. Unless deemed as abandoned in accordance with this section, upon presentation of satisfactory evidence demonstrating the preexisting nature of a legal use on the applicant's property that is rendered nonconforming by the standards of this chapter and subsequent amendments thereto; the Zoning Officer shall issue a zoning certificate as a registration of said use as a nonconforming use.

[Added 10-9-2012 by Ord. No. 2012-02]

§ 185-54 Nonconforming lots.

[Amended 10-9-2012 by Ord. No. 2012-02]

Any lot of record existing at the effective date of this chapter, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located even though its lot area and width are less than the minimum required by the chapter; however, such lot must comply with the yard, height and coverage standards of the zoning district wherein it is located. Where two or more adjacent lots of record with less than the required area and width are held by one owner, on or before the date of enactment of this chapter, the request for a permit shall be referred to the Zoning Hearing Board which may require re-platting to fewer lots, which would comply with the minimum requirements of this chapter.

Where a nonconforming lot is nonconforming with respect to either lot area and/or minimum lot width, each side yard and rear yard required in the respective district in which the lot is located shall be reduced in accordance with the following:

One foot for every two feet of lot width that is less than the minimum required lot width of the applicable zoning district with a reduction of up to half of the respective minimum yard required.

A proportional reduction equal to the proportion or percentage that a nonconforming lot is deficient with respect to minimum required lot area currently applied within the respective zoning district (Minimum Lot Area minus actual lot area, then divided by the minimum lot size) up to half of the minimum yard required.

The greater of the preceding shall apply. In no case shall the aforementioned reduction exceed half or 50% of the minimum yard required.

Nonconforming lots and lot line revisions. Where two or more nonconforming lots are the subject of a subdivision in accordance with Chapter 147, Subdivision and Land Development, that proposes movement of lot lines creating no additional lots, the following shall apply:

Lots nonconforming with respect to lot area. The area of any nonconforming lot may be decreased to the extent that the areas of one or more lots within the proposed subdivision plan are increased provided that the resulting lot area of said lot shall not be less than any lot to which area is proposed to be transferred.

Lots nonconforming with respect to lot width. The lot width of any nonconforming lot may be decreased to the extent that the widths of one or more lots within the proposed subdivision plan are increased provided that the resulting lot width of said lot shall not be less than any lot to which width is proposed to be transferred.

§ 185-55 Loading areas and parking.

Off-street loading and parking space shall be provided in accordance with the specifications in this section in all districts, whenever any new use is established or an existing one is enlarged.

Off-street loading. Every use listed in the following table shall provide off-street loading berths in accordance with its size. All figures are given in gross feet of floor area for each listed use.

[Amended 5-22-2023 by Ord. No. 2023-01]

Off-Street Loading Space Requirements
Uses	Berth Required (square feet gross floor area)
Institutional Uses
Schools	10,000
Hospitals, nursing homes, personal care homes, auditoriums and arenas	50,000
Commercial Uses
Convenience store/gasoline service station	4,000
Eating and drinking place	40,000
Retail sales/shopping centers	40,000
Hotel	50,000
Industrial Uses
Light manufacturing	10,000
Heavy manufacturing, wholesale, warehouses truck terminals	5,000

Size and access. Each off-street loading space shall be not less than 10 feet in uniform width and 65 feet in length. It shall be so designed so the vehicles using loading spaces are not required to back onto a public street or alley.

Off-street parking size and access. Off-street parking spaces shall have an area determined by their use. In the case of multifamily dwellings, mobile home parks, industrial and manufacturing establishments, warehouses, wholesale, and truck terminals, each space shall be not less than 144 square feet, being at least eight feet wide and 18 feet long. For all other uses, each space shall have a uniform area of 180 square feet, being at least 10 feet wide and 18 feet long. These uniform sizes shall be exclusive of access drives or aisles, and shall be in usable shape and condition. Except in the case of single-family dwellings, no parking area shall contain less than three spaces. Parking areas shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto public streets. Where an existing lot does not abut on a public or private street, alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall be consistent with requirements for private streets in Chapter 147, Subdivision and Land Development. Access to off-street parking areas shall be limited to well-defined locations, and in no case shall there be unrestricted access along a street.

Large off-street parking lots. Off-street parking lots in excess of 20,000 square feet shall meet the following standards for stormwater management:

Minimum planting strips of 10 feet between the parking lot and all lot lines to be planted with one hardwood or coniferous tree per each two parking spaces or combination thereof. Trees which die shall be replaced annually. Eight percent of the total interior space shall be devoted to interior planting strips to be maintained in trees, shrubbery, annual plants or similar pervious dust- and mud-free material.

Number of parking spaces required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply. If no similar uses are mentioned, the parking requirements shall be one space for each two proposed patrons and/or occupants of that structure. Where more than one use exists on a lot, parking regulations for each use must be met, unless it can be shown that peak times will differ.

[Amended 5-22-2023 by Ord. No. 2023-01]

Required Parking Spaces
Uses	Parking Spaces Required
Residential Uses
Single-family dwelling and duplex	2 per dwelling unit
Multifamily dwelling	2.5 per dwelling unit
Mobile home parks	2.5 per dwelling unit
Institutional Uses
Churches, auditoriums, indoor assembly places	1 per each 3 seats or 1 per each 4 persons permitted in maximum occupancy
Stadiums, sports arenas and places of outdoor assembly	1 per each 6 seats or 1 per each 4 persons permitted in maximum occupancy
Schools	1 per each teacher and staff and 1 for each 4 classrooms plus 1 for each 2 students age 16 and over
Nursing homes and personal care homes	1 per each staff on the largest shift plus 1 per each 4 beds
Hospitals	1 per each staff on the largest shift plus 1 per each bed
Commercial Uses
Auto sales and service, trailer sales, and similar outdoor sales	1 per 5,000 square feet developed lot area for vehicle display and 1 per 300 square feet customer service area; to a required maximum of 30 designated customer parking spaces
Convenience store/service stations	1 per 200 square feet gross floor area
Hotels or bed-and-breakfast	1 per guest room plus 1 per each employee on the largest shift
Funeral homes and mortuaries	25 for the first parlor or viewing room, plus 10 per each additional viewing room
Indoor commercial recreation	1 per each 3 persons in maximum occupancy
Outdoor commercial recreation	1 per each 2,500 of lot area developed and used for the recreational activity
Medical and dental office	8 spaces per doctor
Professional office and banks	1 per each 250 square feet of gross floor area
Furniture stores	1 per each 800 feet of gross floor area
Eating and drinking places	1 per each 2 patron seats
Retail stores/shopping centers	1 per each 400 square feet of gross floor area
Industrial Uses
Business parks, light manufacturing, heavy manufacturing, truck terminals and warehouses	1 per each employee on largest shift plus one visitor space per each 10,000 square feet gross floor area

Location and parking. Required parking spaces shall be located on the same lot with the principal use. The Zoning Hearing Board may permit parking spaces to be located not more than 200 feet from the lot of the principal use, if located in the same zoning district as the principal use, and the Board finds that it is impractical to provide parking on the same lot with the principal use.

Screening and landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened on any side which adjoins a residential district (See definition of "screening.[1]) or use. In addition, there shall be a planting strip of at least five feet between the front lot line and the parking lot. Such planting strip shall be suitably landscaped and maintained.

[1]

Editor's Note: See § 185-80, Definitions.

Minimum distance and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than 10 feet to any adjoining property line containing a dwelling, residential district, school, hospital, or similar institution.

Surfacing. All parking and loading areas and access drives shall have a dust-free surface, graded with positive drainage to prevent the flow of surface water onto neighboring properties. Parking areas larger than 10,000 square feet shall submit a plan, including drainage provisions, to the Township for approval. Lots shall be designed to provide for orderly and safe loading and parking.

Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from the adjoining premises of any residential district or use and away from roads or highways and meet all standards of Chapter 85, Lighting, Outdoor.

§ 185-56 Application of yard regulations.

All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yards except as noted in this section.

A wall or fence under six feet in height and paved terraces without walls, roofs or other enclosures may be erected within the limits of any yard. Retaining walls and fences required for screening under this chapter are not subject to the six-foot high limitation. Fences may be permitted in front yard areas provided they are no higher than four feet and do not impinge on the required free sight triangle at intersections. Fences for safety purposes or containment of livestock and do not block public road or driveway lines of site are exempt from these provisions.

Aboveground swimming pools shall be permitted in yard areas, provided that the pool is located not less than 10 feet from lot line. All swimming pools shall be enclosed by a permanent fence at least four feet in height. Aboveground pools may use a combination of sides and screen to reach the required height. In-ground pools shall meet all applicable yard regulations.

Small garden sheds, storage sheds and similar structures of up to 300 square feet in size may encroach to within five feet of a side or rear lot line. However, any such accessory structure in excess of 144 square feet so erected shall submit to the Zoning Officer a plan for drains, gutters, sumps, or grading which will assure no runoff from the building will enter a neighboring property.

Attached accessory structures. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.

Corner lots. All lots that abut two or more public streets shall meet the front yard depth for each public street. Other areas of the lot shall be regarded as side yards.

§ 185-57 Temporary structures.

Temporary structures, in conjunction with construction work, shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period. Temporary structures are subject to all use requirements.

In the R-1 Residential District, no shed, garage or similar accessory structure may be constructed before a residential dwelling.

Temporary housing furnished on site to house workers required to live on site during the construction process of a nonresidential principal use shall be authorized as a principal use in all districts in accordance with the following standards. A plan indicating location of said housing and verifying properly approved sewage disposal in accordance with Article I, Temporary Holding Tanks at Oil and Gas Extraction Sites, of Chapter 101, Sewers and Sewage Disposal, shall be furnished to the Zoning Officer. Housing shall meet all requirements of the Pennsylvania Uniform Construction Code. Notwithstanding screening requirements, housing shall meet the setbacks applied to single family detached dwellings within the residential district in which the site is located or shall meet the setbacks applied to accessory buildings within the IP or LB Districts.

[Added 10-9-2012 by Ord. No. 2012-02]

§ 185-58 Height limitations.

When the following conditions are met, height limits may be increased:

Structure height, in excess of the height permitted above the average ground level allowed in any district may be increased, provided all minimum front, side, and rear yard depths are increased by one foot for each additional foot of height; however, such increase shall be limited to no more than 10 additional feet.

The following structures are exempt from height regulations provided they do not constitute a hazard: church spires, chimneys, elevator bulk heads, smoke stacks, conveyors, flag poles, agricultural barns, silos and similar farm structures, standpipes, elevated water tanks, derricks and similar structures.

However, for the above structures, all yard and setback requirements must be met; in addition, any structure with a height in excess of 50 feet will be first referred to the applicable Volunteer Fire Department for a review and comments relative to public safety considerations. Such comments shall be considered by the Board.

§ 185-59 Performance standards.

No use of land or structure in any district shall involve, or cause, any condition or material that may be dangerous, injurious, or noxious to any other property or person in the Township. Furthermore, every industrial or commercial use of land or structure in any district must observe the following performance requirements:

The developer shall provide assurances in writing that the proposed use will not be noxious or offensive by reason of emission of smoke, dust, gas fumes, odors, glare, light trespass, noise or vibration beyond the confines of the property on which the proposed use will be located, and that all applicable federal and commonwealth environmental states have been addressed.

[Amended 7-13-2020 by Ord. No. 2020-01]

The developer shall provide assurance that no act, occupation, or structure will endanger life or health, give offense to senses, violate the laws of decency, or obstruct reasonable comfortable and free use of any property in Clinton Township.

All aspects of production and processing shall occur entirely within closed buildings.

Areas of the property not covered by buildings shall be used only for vehicle parking, access driveways and walks, truck maneuvering and parking areas and planted and maintained lawns, landscaping, tree clusters, or buffer areas.

§ 185-60 Signs.

[Amended 10-9-2012 by Ord. No. 2012-02; 2-11-2019 by Ord. No. 2019-02; 6-10-2019 by Ord. No. 2019-03]

The following sign regulations shall be observed in all districts: It is not the purpose of this section to abridge commercial or noncommercial free speech. The purpose of these regulations is to ensure that the time, place, and manner of sign emplacement within the Township is conducted with regard to the safety of motorists and pedestrians (especially in avoiding distractions or confusion in high traffic areas), access to light and air by neighboring properties, and avoidance of negative impact upon neighboring properties, including unnecessary glare.

Exempt signs. The following types of signs are permitted in all zoning district and are exempt from permitting requirements, but not from performance standards relative to traffic safety, or overall sign limitations of any specific sign type or district.

[Amended 7-13-2020 by Ord. No. 2020-01]

Real estate signs not exceeding four square feet in area and located on the advertised property.

Memorial signs or tablets denoting the date of erection of a building. These signs must not be more than four square feet in area.

Traffic signs and similar regulatory notices placed by a duly constituted governmental body.

Signs erected by the Township or an authorized entity that serve to provide directions and explanations for public recreational purposes and facilities, for dedication/memorial purposes, and to mark and explain historical or natural events, sites, persons or structures. Such signs shall not exceed 12 square feet in area and not be directional.

Any signs not visible from outside a lot or building.

The flag of the United States, Commonwealth of Pennsylvania, or a municipality.

No-trespassing signs, signs indicating the private nature of a road, driveway or premises, signs controlling fishing or hunting on the premises, provided that the area of such sign shall not exceed two square feet.

Religious or holiday displays or messages with no commercial or directional content.

Restroom, exit, public telephone, handicapped parking or access, and similar directional or informational signs emplaced for the benefit of the public or building tenants.

Temporary signs announcing the birth of a child, birthday commemoration, marriage, graduation, or similar event in the life of a householder shall be permitted provided such signs do not exceed four square feet and be removed within 48 hours of the event.

Signs requiring permit.

[Amended 7-13-2020 by Ord. No. 2020-01]

Temporary signs announcing a campaign, drive or event of a civic, philanthropic, educational, athletic, or religious association/organization, provided such sign shall not exceed 12 square feet in area and shall be removed immediately upon the completion of the campaign, drive or event. The specific number of temporary signs and specific location of the temporary signs must be disclosed to the Township at the time application for permit is made.

Temporary signs erected in connection with the development or proposed development of the premises or property, provided that the area of any such sign shall not exceed 16 square feet. Not more than one such sign shall be placed on property held in single and separate ownership unless the property fronts on more than one street, in which case one such sign shall be permitted on each separate street frontage. Such signs shall be removed within 10 days after the development has been completed and/or the last structure occupied. No such sign may be erected until all zoning, subdivision and land development approvals have been obtained.

Political signs announcing candidates seeking public office, a referendum, or similar political speech. These signs must be removed by 11:59 p.m. of the Friday following the applicable election day. Any political sign placed on private property must have the written permission of the property owner. The specific number of these signs to be posted must be disclosed to the Township at the time the permit is applied for. These signs shall not exceed nine square feet.

Signs offering the sale or rental of the premises upon which the sign is erected, provided that the area of any such sign shall not exceed 12 square feet and not more than one such sign shall be placed on the property unless such property fronts on more than one street, in which case one sign may be erected on each street frontage.

Auctions, garage, or yard sale signs provided that they do not exceed four square feet and must be removed within 48 hours after the event or activity has occurred. The specific number of these signs posted must be disclosed to the Township at the time the permit is applied for.

Directory signs which list all the occupants of a multi-tenant or multiple-family building, or buildings in a multi-building development; provided, that the area of such signs does not exceed 1/2 square foot per tenant or two square feet per individual building.

Temporary signs or banners of contractors, developers, architects, engineers, builders and artisans, erected and maintained on the premises where the work is being performed, provided that the area of such sign shall not exceed 12 square feet in all other districts; provided that such sign shall be removed within 48 hours after completion of the work.

House and address numbers, home occupation or nameplate sign displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling unit, provided that not more than one such sign shall be erected for each permitted use, and provided that the area of each such sign shall not exceed two square feet on each side and may not be illuminated.

Memorial signs or tablets denoting the date of erection of a building. These signs shall not exceed 12 square feet in size. Memorial signs placed must have the permission of the landowner.

Any sign warning of a hazard that contains no other information or commercial content.

(11)

Any flag of a commercial and/or advertisement nature and be no larger than 15.5 square feet, whether a standard-type flag or advertising "feather" type flag.

Performance standards. Except where specifically noted, all signs shall adhere to all performance standards.

Unless specifically exempted by Subsection A of this section, a permit must be obtained from the Township for the erection or alteration of all signs. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accord with all the other provisions of this chapter and other codes.

No signs shall be permitted within public rights-of-way, except PennDOT-approved traffic signs and devices; signs and banners specially approved by the Township for decoration or promotion of community events and activities; signs not exceeding 12 square feet placed temporarily to advertise the sale of real estate; signs advertising yard sales, auctions, athletic association sign-ups or events, or similar events shall not exceed four square feet; political signs not exceeding nine square feet placed temporarily; signs not exceeding 12 square feet placed temporarily to provide notice of or direction to a civic philanthropic, political, educational, or religious event or activity. The Township may require proof of insurance for any sign within a right-of-way.

No person shall construct, erect, place, use or permit the use of any permanent or temporary sign or sign structure on private or public property except for the property owner or tenant, or a person with the express written consent of the property owner.

No motor vehicle not licensed and inspected for travel on the highways of the commonwealth shall be used as a sign. Any vehicle that has a business sign affixed must be parked within a lawful parking area and may not be parked in a yard or setback area.

Construction and maintenance. All signs shall be constructed in a workmanlike fashion using durable materials. Signs shall be designed and constructed to withstand wind forces and in accordance with appropriate mechanical or electrical standards. The owners of signs shall keep them in safe and good repair. Signs which become deteriorated or otherwise present a public hazard shall be removed or repaired by the sign's owner. If the owner of a sign cannot be found or identified, the owner of the property whereon the sign is located shall be responsible for its repair or removal.

No sign structure may block a vehicular line of sight for a driveway, access lane, or public street, or be placed at any location where by its position, shape, or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device. Sign structures erected directly upon the ground within 15 feet of any vehicular driveway, or street intersection shall have at least three feet six inches of clear space between such sign and the ground; however, necessary supports may extend through such open space.

No signs shall be permitted which are posted, stapled or otherwise attached to public utility poles or trees.

No signs in the form of railway crossing signboards shall be erected on or near any public highway unless erected by a railroad or railroad company with a permit from the Township or PennDOT.

Nonconforming signs, once removed, shall be replaced only with conforming signs. Nonconforming signs may be repainted or repaired, providing such repainting or repairing does not exceed the dimensions of the existing sign.

Illumination.

Except as specifically provided under regulations for lawful illuminated signs or electronic signs by conditional use, no sign shall employ internal, direct, or intermittent light, electronic or movable text, strobes or other animations that may serve to distract motorists or cause light trespass to abutting properties.

All electrical connections shall be serviced by underground wires which meet all relevant codes. No temporary signs shall be illuminated.

All illuminated signs shall comply with Chapter 85, Lighting, Outdoor.

Sign permit application. All applications for signs as required under this section shall be submitted to the Township Secretary/Zoning Officer. The application shall contain:

Type, area and number of signs proposed.

Type of illumination proposed (if permitted), including the luminance proposed and direction of lighting.

For freestanding signs, a sketch showing the placement of the sign in relation to all driveways, vehicular rights-of-way, property setbacks, and cartways. The developer shall submit current sight distances, before and after erection of the sign with sufficient information to show that sight distances shall not be reduced.

An elevation sketch showing the relationship of the sign to the building, grade, all driveways, vehicular rights-of-way, and cartways.

A photograph or graphic rendition of the proposed sign copy, including all symbols, letter and graphic elements shown to scale and all structural elements intended to anchor the sign.

Zoning district sign standards.

Each lawful use may have a combination of freestanding, roof, or wall signs meeting the standards of the following table. For the C, CP, AC, and R Districts, aggregates shall be calculated on a per lot basis. For the LB and IP Districts, aggregates may be based upon separate tenancy. For clarity purposes, the abbreviations shown above represent:

[Amended 5-22-2023 by Ord. No. 2023-01]

C - Conservation

CP - Corridor Preservation

AC - Agricultural Conservation

R - Rural Residential

LB - Limited Business

IP - Industrial Park

Zoning District	C, CP, AC and LB	R	IP
Signage area permitted	Aggregate of 64 square feet	Aggregate of 24 square	Aggregate of 400 square feet
Maximum area per sign	32 square feet	12 square feet	144 square feet
Maximum height per sign	12 feet	4 feet	25 feet
Setback	15 feet from right-of-way, 20 feet from property lines	15 feet from right-of-way, 20 feet from property lines	15 feet from right-of-way, 20 feet from property lines
Illumination	Not permitted in C, CP or AC, external illumination permitted in the LB District	Not permitted	Internal or external

§ 185-61 Transfer of development rights (TDRs)/farmland preservation/open space.

[Amended 8-26-2019 by Ord. No. 2019-04; 7-13-2020 by Ord. No. 2020-01]

Purpose. The purpose of Transfer of Development Rights (TDRs) is to permanently preserve farmland and sensitive natural areas, to maintain the rural community character that would be lost if these lands were developed. This section allows Clinton Township to sell TDRs to developers and use the proceeds to preserve land in the Township.

The provisions of this chapter permit Clinton Township to sell TDRs to developers for use in the rural residential areas and industrial areas to increase densities and coverage. It also permits the Township to use the proceeds of the sale of TDRs to purchase development rights in the Agricultural Conservation District, Conservation District and Corridor Preservation District.

The Township has entered into an agreement with the Butler County Farmland Preservation Board to use their program to preserve farmland. The Clinton Township Planning Commission will operate under the rules of their program and will be the Clinton Township Farmland Preservation Board.

The value of the TDRs that Clinton Township sells will be determined by using an average of the value of the farms that the Butler County Preservation Board has preserved over the last three years in the southern portion of Butler County.

Sensitive natural areas that are identified by Clinton Township that do not fall under the farmland preservation criteria will be preserved by Clinton Township. In this case, the Clinton Township will purchase the development rights and place a deed restriction on the property so it can never be developed.

The deed restrictions on lands from which the development rights have been severed shall run in favor of Clinton Township or Butler County or an approved conservation organization. Deed restrictions imposed on land from which development rights have been severed will not affect the landowner's ability to sell the land. Such land cannot be sold for development purposes nor be developed by a subsequent owner.

The Township reserves the right to amend this chapter in the future as well as change the way in which the number of development rights are calculated for a tract of land in the sending area as well as the manner in which the development rights can be conveyed. The Township reserves the right to terminate its TDRs program at any time.

Sending and receiving areas. For the purpose of this article, areas zoned Agricultural Conservation District, Conservation District and Corridor Preservation District are designated as areas that can have lands preserved. Areas designated as Rural Residential District, Limited Business District, and the Industrial Park are areas that can purchase TDRs to increase densities and coverage. Developers may increase densities within the applicable areas in accordance with Table 185-61A.

Preservation tract requirements. Any farm to be preserved must be at least 50 acres in size, unless it is adjacent to a farm that is already preserved and then must be at least 10 acres. Any natural sensitive area to be preserved must be at least 10 acres.

Receiving area tract requirements. Owner of tracts may use TDRs that are purchased from Clinton Township in the ratios in Table 185-61A in the Rural Residential District and the Industrial Park, provided that they have water and sewage provided by the Saxonburg Area Authority, Pa. American Water Company or another public utility. While densities and coverage may increase the zoning district setback and yard requirements will still apply where the tract abuts a street or another property.

Receiving tract application process. A subdivision plan or development plan must be submitted to the Planning Commission. The applicant shall provide documentation that they will purchase TDRs from Clinton Township to allow the increased densities or coverage. Once the plan receives tentative approval, the purchase of the development rights must be completed in order to receive final approval. Once the TDRs are purchased, they will then be attached to the property. If the developer/landowner fails to develop the property according to the approved plan, the TDRs remain with the property and Clinton Township will not be required to buy the TDRs back.

Farmland preservation process for landowners. The farm must be enrolled in the Agricultural Security Area. The Pennsylvania General Assembly established the Agricultural Security Law in 1981. The Agricultural Security Areas (ASA) are intended to promote viable farming operations over the long term by strengthening the rights of farmers to farm and the farming community's sense of security in their use of the land. Landowners in an ASA receive protection from local laws and ordinances that would unreasonably restrict farm practices, as well as protection from condemnation. ASA is not zoning. There are no restrictions placed on the land use as a result of being in an ASA. Clinton Township has created the Agricultural Security Area in Clinton Township. A landowner must submit a request in writing to the Clinton Township Board of Supervisors requesting their land to be included in the Agricultural Area. The land will then be included into the Ag Security Area.

Application to the Butler County Farmland Preservation Board. The Farmland Preservation Application must be submitted to the Butler County Farmland Preservation Board and will be ranked and scored according to the Farmland Preservation Board's scoring system. The farm will be placed on the list of farms to be preserved in order of its score in relation to the farms that have applied. The application can be submitted any time of the year and will be scored during the Board's normal process. There is no need to reapply each year. Each year the landowner will be asked if they want their farm to remain on the list and to document any changes that have been made to the farm since the original application. Clinton Township will be notified of the Clinton Township farms on the list and the order in which they are on the list.

Table 185-61A
Clinton Township Transfer of Development Rights Table of Values
Sending Districts	Value of TDRs
Conservation	One TDR per acre
Agricultural	One TDR per acre
Corridor Preservation	One TDR per acre

Receiving Districts	Base Density	Density with TDRs	TDR Value
Rural Residential	One dwelling per acre	Six dwellings per developable acre	One TDR per additional dwelling
Limited Business	One dwelling per acre, 10% coverage	One dwelling per acre, 50% coverage	One TDR for additional 4,000 square feet coverage
Traditional Neighborhood	Two dwellings per developable acre	Six dwellings per developable acre	One TDR per additional dwelling
Industrial	10% coverage height of 45 feet	50% coverage height of 60 feet	One TDR for additional 4,000 square feet coverage One TDR for additional height each 4,000 square feet

NOTES:

Developable acre: total acreage minus streams, wetlands, steep slopes, rights-of-way, dedicated open space and setbacks.

Acquisition by Clinton Township. The Township may purchase development rights and may accept ownership of development rights through transfer by gift. All such development rights may be resold or retired by the Township. Any such purchase or gift shall be accompanied by restrictive covenants as specified in above.

Farmland Presentation Flow Chart.

New Farmland Preservation Flowchart.tiff

§ 185-62 Environmental standards; screening and buffering.

Environmental standards.

Land shall be environmentally suitable for the purpose for which it is being developed.

Wetlands. No development, land use activity, or improvement which would entail encroachment into wetlands without the applicant providing evidence that the appropriate agencies have been contacted and the required permits have been obtained.

Ground cover and landscaping. Vegetative cover shall be provided on all disturbed areas, excluding fallow agricultural fields, not covered by paving, stone or other solid material. The maintenance or use of native plant materials with lower water and nutrient requirements is encouraged.

Erosion and sedimentation. All proposed development and existing land use activities which involve grading or excavation shall prepare an erosion and sedimentation control plan for review by the Butler County Conservation District.

Woodlands. Existing wooded areas can serve as an alternative to planted buffer areas and shall be protected to prevent unnecessary destruction. Healthy trees with a caliper of 12 inches or more as measured 4 1/2 feet above existing grade shall not be removed unless their location interferes with a planned improvement. At least 50% of the number of trees sized as above, as exist at the time of application, shall be maintained or replaced immediately after construction. Replacement trees shall be of a native species and have a minimum trunk caliper of two inches at a height of six inches above finished grade, and located within unbuildable sections of the site (e.g., floodplain, steep slope, setback areas). This section only applies to land developments and does not apply to the practice of agricultural land clearing or the practice of forestry, which is a permitted accessory use in all zoning districts.

Steep slopes. Proposed development in areas having slopes of 16% or greater shall indicate the methods that will be used to protect water quality on and around the site from the adverse effects of the proposed use and shall provide a twenty-five-foot vegetative buffer consisting of native trees and other brushy perennial vegetation either along the boundary of the property with the lowest elevation or at the foot of the sloped portion of the property if it lies interior to the boundary.

Screening and buffering. The following screening shall be employed where required by conditional use, or any supplementary regulation of this chapter.

Type I screening. To consist of a triple row of Norway or other spruces planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of six feet at the time of planting. Trees which die shall be replaced within six months. As an alternative to the triple row of Norway spruces, the developer shall maintain a fifty-foot wide buffer yard of natural vegetation sufficient for screening. This buffer area shall not be used for parking or other uses. This buffer yard should maintain natural vegetation unless such vegetation is considered insufficient for shade screening, stormwater management or erosion control. In such case, the planting standards shall be 28 conifer and eight deciduous trees per each 5,000 square feet of yard area. Trees shall be a minimum of six feet at planting and replaced within six months of death.

Type II.

A Type II screen shall consist of either:

[1]

An opaque fence at least eight feet in height.

[2]

A barrier fence at least 10 feet in height.

On the outside perimeter of the fence, a ten-foot plant strip shall be maintained at a planting standard of 10 coniferous or deciduous trees, per 100 lineal feet. Trees shall be a minimum of six feet tall at planting and replaced within six months of death.

Type III screening. Type III screening shall consist of both Type I and Type II, for a total width of no less than 65 feet.

Type IV screening. A Type IV screening shall consist of single row of any species of coniferous tree, shrub, or plant that will block a line of sight from the level of existing grade to at least four feet in height at time of planting, and grow to at least six feet in height.

Alternate landscaping plans. The Township Board of Supervisors may consider alternative forms of screening or buffering subsequent to review by the Planning Commission.

§ 185-63 Home occupations.

While home occupations are a permitted use in some districts, they still represent a potential intrusion on residential neighborhoods. Prior to issuance of a zoning certificate, the developer shall present a plan to the Zoning Officer that meets the following performance standards.

Evidence that the home occupation will be carried on entirely within the dwelling unit.

Evidence that no more than 25% of the gross floor area of the dwelling may be used for the home occupation.

Evidence that articles sold or offered for sale on site shall be limited to mail-order articles or articles for sale elsewhere.

Evidence that no offensive noise, vibration, smoke (or other particulate matter), heat, humidity, glare or other objectionable effects shall be produced.

Evidence that no equipment or processes shall be used which create interference in radio or television receivers off the premises or which cause fluctuation in utility line transmissions. The applicant will also show that electric or electronic equipment will not create an electrical fire hazard.

In order to retain the home occupation-zoning certificate, not more than two persons other than the occupants of the dwelling unit shall be employed.

If services are provided directly to patrons, no more than two patron areas (such as barber chairs or stations) shall be provided.[1]

[Added 7-13-2020 by Ord. No. 2020-01]

[1]

Editor's Note: Original Section 413, Floodplain regulations, of Ord. No. 2009-01, which immediately followed this section, was repealed 7-13-2020 by Ord. No. 2020-01. See now Ch. 71, Floodplain Management.

§ 185-64 Gas and oil drilling.

Oil and gas drilling is a permitted use in certain districts, but are normally considered as a land development due to the division or allocation of space for a leasehold. Oil and gas drilling operations are also potentially disruptive upon residential land uses and shall be required to meet the following in the course of zoning or subdivision and land development approvals. The intent of these regulations is not to unreasonably regulate, but to foster energy independence while still ensuring that the well development process does not adversely affect public or private property.

Show compliance with all applicable state and/or federal regulations. Specifically, all needed permits from the Pennsylvania Department of Environmental Protection and copies of approved erosion and sedimentation control plans shall be presented to the Township.

No drilling operation shall be conducted within any limits set forth by the Commonwealth of Pennsylvania or the United States Government. The developer shall provide the Township with evidence that all setbacks required by other agencies have been met.

An arrangement for road bonding requirements, as applicable, shall be presented to the Township.

The developer shall agree to work to share information with the Township in the event of well water deterioration or loss of supply.

Developer shall clear mud and debris from roads every four hours.

[Amended 7-13-2020 by Ord. No. 2020-01]

The Township requires the installation of Type I screening of all structures and appearances within the wellhead areas as a reasonable additional condition and safeguard within six months of the initiation of drilling.

NATURAL GAS COMPRESSOR STATION

The Township may limit hours of operation for drilling as a reasonable additional condition of land development approval.

Gas and oil drilling definitions. As used in this section, the following terms shall have the meanings indicated:

[Added 7-14-2015 by Ord. No. 2015-04; amended 1-7-2019 by Ord. No. 2019-01]

ENVIRONMENTAL ACTS

All statutes enacted by the Commonwealth relating to the protection of the environment or the protection of public health, safety and welfare, that are administered and enforced by the Pennsylvania Department of Environmental Protection (DEP) or by another commonwealth agency, including an independent agency, and all federal statutes relating to the protection of the environment, to the extent those statutes regulate oil and gas operations.

NATURAL GAS

A fossil fuel consisting of a mixture of hydrocarbon gases, primarily methane, and possibly including ethane, propane, butane, pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and other gas species. The term includes natural gas from oil fields known as "nonassociated" gas, coal beds, shale beds and other formations.

A facility designed and constructed to compress natural gas that originates from an oil and gas well site development or collection of such wells operating as a midstream facility for delivery of natural 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. This facility may include a water impoundment on the site, natural gas dehydration station, oxidizer units, and other equipment integral to the function of the compressor station.

NATURAL GAS DEHYDRATION STATION

A facility designed and constructed to remove water from natural gas in order to protect piping and equipment from corrosion and hydrate formation.

NATURAL GAS INTERCONNECT/METERING STATION

"Interconnects" are by definition a connection point between the transmission company and the receiving party (e.g., another pipeline, distribution company or other customer). Interconnects vary in size and complexity. For example, a small interconnect may only include the meter used for gas measurement, while large interconnects (including hubs) can include piping and meters to multiple pipelines, regulators, line heaters used to reheat the natural gas stream that has cooled from pressure reductions, liquids separation and collection facilities, and other appurtenant facilities. Several companies can own the equipment and are responsible for operation of their individual assets at a single interconnect location. Custody transfer of the natural gas also occurs at the interconnect location.

NATURAL GAS PROCESSING PLANT

A facility that is not a natural gas compressor station and which is designed and constructed to remove materials and gases 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. This facility may also include a water impoundment on the site, natural gas dehydration station, oxidizer units, and other equipment integral to the function of the processing plant.

OIL AND GAS WELL SITE DEVELOPMENT

The term includes the following: well site preparation, construction, drilling, water or fluid storage operations, hydraulic fracturing and site restoration associated with an oil and gas well of any depth. The term includes conventional (vertical) and nonconventional (horizontal) methods of drilling. Facilities associated with well site development may or may not include a water impoundment on the site.

PIPELINE

A conduit constructed or installed either below ground or above ground that transports, carries, conveys, or stores flammable, toxic, and/or corrosive natural gas and other gases and gas by-products as well as of liquefied natural gas.

RECORD DRAWINGS

Final drawings prepared by a registered architect, engineer, or land surveyor after construction or installation of a facility, facilities, or pipeline is complete which reflect on-site changes a contractor, contractors, or installers noted during construction or installation activities on as-built drawings. These differ from as-built drawings in that as-built drawings are prepared by a contractor, contractors, or installers and show in red ink on site changes made to the original construction or installation drawings.

REDUCED EMISSION COMPLETION

Techniques that minimize the release of natural gas and vapors to the environment when a well is being flared during the completion or recompletion phase.

Supplementary regulations. Oil and gas well site development:

[Added 7-14-2015 by Ord. No. 2015-04; amended 1-7-2019 by Ord. No. 2019-01]

A company, entity or person desiring to engage in oil and gas well site development shall obtain a zoning certificate from the Township Zoning Officer.

Application requirements. The application must include the following information:

A written narrative signed and dated by the applicant, describing the proposed use outlining an approximate time line for the proposed development.

Written authorization from the property owner(s) who has legal or equitable title in and to the surface or oil and gas estate of the proposed development. A copy of the oil and gas, mineral or other subsurface lease agreement or similar document vesting legal or equitable title to the surface will constitute written agreement.

The name and address of each property owner for each property within 1,000 feet of the proposed well, as well as all abutting property owners.

(d)

A copy of the applicant's erosion and sediment control plan (ESCGP-2) (if required by regulation) and post-construction stormwater management plan prepared by a licensed professional (e.g., engineer, surveyor, geologist or landscape architect) who is registered in Pennsylvania. Said professional should have attended training provided by Pennsylvania Department of Environmental Protection, Office of Oil and Gas Management, on erosion and sediment control and post-construction stormwater management for oil and gas activities.

(e)

A road access plan showing both temporary and permanent access routes and identifying all ingress and egress points.

(f)

If any weight-restricted Township Roads will be used by the applicant for any oil and gas development or operation, the applicant shall comply with any applicable Township ordinances, PennDOT regulations, Township road bonding requirements and provide proof of bonding of said roads and enter into a road maintenance agreement with the Township. In lieu of road bonding, the Township and the applicant may mutually agree to other terms to provide for restoration of the affected road(s).

(g)

A copy of highway occupancy permits (HOP) and other permits already obtained at the time of the application submission. If no such permit has been obtained, the applicant shall provide a copy of its application for the HOP and with an approved permit when obtained. A driveway permit shall be required if the entrance to the site is on a Township road.

(h)

A copy of the applicant's preparedness, prevention and contingency plan.

(i)

The name of an individual or individuals and their emergency contact information for the Township or residents to report emergencies 24 hours a day each day of the week.

(j)

Fee reimbursement. The applicant agrees to reimburse the Township for all fees permitted under Section 617.3(e) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10617.3(e).

(k)

The Township must receive copies of any and all applications and reports submitted to the Pennsylvania Department of Environmental Protection regardless of whether the submittals are for application purposes, monitoring, or permit modifications.

Minimum lot requirement. Oil and gas well site development shall only be permitted to be located on property that is a minimum of five acres for a vertical unconventional well site and 10 acres or larger for a nonvertical unconventional site. Multiple properties may be combined to meet the five- or ten-acre applicable minimum acreage requirement. Any oil or gas well shall be located a minimum of 200 feet from an adjoining property line and 500 feet from the nearest dwelling.

State and federal compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.

Access roads. Access to any well site shall be arranged to minimize danger to traffic and nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply:

Access roads to nonvertical unconventional well pads that intersect a Township Road shall follow the PennDOT specifications for access roads as well as the following: paving the first 150 feet followed by rumble or tire cleaning strips and improving the remaining surface length with limestone in a manner that would minimize stormwater runoff, dirt, mud, and debris from being carried onto any public road. This shall be in place prior to the commencement of drilling operations. Any debris that does travel and accumulate onto a public road, as a result of the access road, must be cleaned up within a reasonable amount of time, not to exceed four hours, so as to decrease or minimize the potential for damage to the public roads and vehicular traffic on the public road.

Access roads to vertical conventional and unconventional well pads that intersect a Township Road shall be constructed in a manner acceptable to the Township by improving the remaining surface length with limestone which will minimize stormwater runoff, dirt, mud, and debris onto any public road. Any debris that does travel and accumulate onto a public road as a result of the access road, must be cleaned up within a reasonable amount of time, not to exceed four hours, so as to decrease or minimize the potential for damage to the public roads and vehicular traffic on the public road.

All roads and accessways shall be constructed and maintained to minimize the accumulation of dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather and under no circumstances shall brine water, sulfur water or water in mixture with any type of hydrocarbon be used for dust abatement.

Traffic. The applicant shall take necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with development the applicant will provide flag persons or other alternative and approved safety mechanism to ensure the safety of children at or near schools or designated school bus stops and include adequate sign and/or warning measure for truck traffic and vehicular traffic. The applicant will coordinate its efforts with affected school districts so as to minimize heavy truck traffic during the hours school buses are picking up or dropping off children and provide documentation of the cooperation.

Site orientation. Before drilling, first responders, the Township Emergency Management Coordinator, and the Township Supervisors shall have on-site orientation and be provided with adequate awareness information. The applicant will, prior to drilling of an oil or gas well, make available at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the applicant anticipates drilling activities in the Township.

Noise standards. For oil and gas well site development, including construction, noise levels shall be equal to or less than 75 dBa at the property line or property lease line dividing the site developed and all adjoining properties. After well site development is complete and the well is in production, noise levels shall be equal to or less than 60 dBa at the property line or property lease line dividing the site and all adjoining properties. In the event that an applicant is unable to meet the aforementioned requirements, the applicant may either utilize appropriate noise mitigation measures that may include sound barriers or such technology or devices that will allow the applicant to meet said noise requirements.

Lights. No applicant shall permit any lights located on any operation site to be directed in such a manner so that they shine directly on public road, protected use, adjacent property or property in the general vicinity of the operation site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads, protected uses, and adjacent dwellings and buildings. Exterior lights shall be turned off except when personnel are working on site or motion sensors are activated. Chapter 85, Lighting, Outdoor shall be adhered to at all times, and site lighting shall be determined by Chapter 85, Lighting, Outdoor.

Water storage. Temporary water storage tanks or impoundments are permitted on the same lot, provided the applicant shall adhere to the following:

Impoundment must be 200 feet from property lines;

A copy of the Pennsylvania Department of Environmental Protection permit(s), if applicable, must be provided at the time of application or when available;

Chain-link fencing must be installed around any impoundment and shall be at least six feet in height; or wildlife fence that is Pennsylvania Department of Conservation and Natural Resources and SGL specific is an acceptable approved equal; and

(d)

The impoundment must be reclaimed in accordance with Department of Environmental Protection's rules and regulations after all of the proposed wells have been completed, or after each well is completed in the event that no additional wells are to be drilled within three consecutive months following the completion of well installation.

(11)

Operating times. All site preparation and preproduction activities on the site, as well as access road maintenance, site reclamation activity and other ongoing ancillary activities shall be permitted only on Mondays through Saturdays (with the exception of federal and/or state holidays) for the greater of: a) between the hours of 7:00 a.m. and 5:00 p.m., prevailing time, or b) 1/2 hour before sunrise until 1/2 hour after sunset; or c) as otherwise authorized by the Board of Supervisors. The active drilling and completions phases are exempt from the limitations of this subsection.

(12)

Signage, site identification. All signage must comply with Pennsylvania Department of Environmental Protection's "Unconventional Well 911 Emergency Response Information" Regulations, 35 Pa.C.S.A. § 7321(a)(4), as may be amended.

[Amended 7-13-2020 by Ord. No. 2020-01]

(13)

Regulations set forth in this section supersede the regulations set forth in Section 414 of the Township Zoning Ordinance No. 2009-01.

(14)

If there are unique characteristics of a proposed site, the Township's Zoning Officer (if a permitted use) and/or the Board of Supervisors (if a conditional use) may impose or request additional requirements from an applicant.

(15)

All permanent utilities installed to the site shall be installed underground.

(16)

Type I Screening shall be used on the site in accordance with § 185-82B of this chapter and shall be in place within 90 days after the first well is completed. Alternate screening plans may be presented to the Board of Supervisors for approval so long as the rural character of the Township is preserved.

(17)

Techniques for reduced emissions completions shall be used for hydraulically fractured natural gas wells.

(18)

All permanent structures shall be of the color, such as green or earth tones, to blend with natural, adjacent surroundings.

(19)

Record drawings. Within 45 days after the completion of the construction or installation of facilities, the applicant shall furnish the Township Secretary with two copies of record drawings which depict the exact location, size, and shape of the physical facilities constructed. GPS coordinates should be provided on the record drawings.

Natural gas compressor station, natural gas processing plant, and interconnect/metering station.

[Added 7-14-2015 by Ord. No. 2015-04; amended 1-7-2019 by Ord. No. 2019-01]

Natural gas compressor station, natural gas processing plant, or interconnect/metering station shall meet the location restrictions established by the commonwealth, its regulatory agencies and found in those Environmental Acts as well as requirements of Chapter 147, Subdivision and Land Development.

No natural gas compressor station or natural gas processing plant shall be located closer than 1,000 feet from any dwelling, occupied structure, library, school, place of worship, park, playground, athletic field, or outdoor sports complex on adjoining properties.

A natural gas compressor station or natural gas processing plant shall only be located on property as described below:

All natural gas compressor stations, regardless of size, must be located on a minimum of 10 acres and adhere to all bulk and dimensional requirements concerning setbacks and building lines (lot size in the bulk and dimensional requirements does not supersede the required 10 acres stated above.) All natural gas compressor stations must be totally enclosed in a structure designed to suppress noise and meet the noise requirements of the Township's ordinance.

In addition, applicants are required to complete and submit a subdivision/land development application to the Township for review and examination as part of the normal approval process (Township Planning Commission, Butler County Planning Commission, and Township Board of Supervisors).

The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.

A copy of the applicant's erosion and sediment control plan (ESCGP-2) and post-construction stormwater management plan prepared by a licensed professional (e.g., engineer, surveyor, geologist or landscape architect) who is registered in Pennsylvania. Said professional should have attended training provided by Pennsylvania Department of Environmental Protection, Office of Oil and Gas Management, on erosion and sediment control and post-construction stormwater management for oil and gas activities.

First responders, the Township Emergency Management Coordinator, and Township Supervisors shall have on-site orientation and be provided with adequate awareness information. The applicant will, prior to operations, make available at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the applicant anticipates operations in the Township.

Noise standards.

For natural gas compressor stations, natural gas processing plants, or interconnects/metering stations, noise level limits shall be in accordance with the following table. These noise level limits shall apply to all new compressor stations, processing plants, and interconnect/metering stations and all existing compressor stations, processing plants, and interconnect/metering stations being modified under a DEP permit. See provisions below for details surrounding modifications.

Zoned District	7:00 a.m. - 7:00 p.m.	7:00 p.m. - 7:00 a.m.	*Max 7:00 a.m. - 7:00 p.m.
Rural Residential	55 dBA	50 dBA	65 dBA
Agricultural Conservation District	55 dBA	50 dBA	65 dBA
Conservation District	55 dBA	50 dBA	65 dBA
Limited Business District	60 dBA	55 dBA	70 dBA
Industrial Park	60 dBA	55 dBA	70 BA

NOTES: *Noise level limits may be increased to this level for periods not to exceed 15 minutes in any one-hour period during the daytime (7:00 a.m. to 7:00 p.m.). The allowable noise level limit for "periodic, impulsive, or shrill noises" is reduced by 5 dBA from the above levels. The limits above are not weighted averages although it is acknowledged that levels may increase to the maximum limit for periods not to exceed 15 minutes in any one-hour period during the daytime hours.

A background noise study/noise survey using a noise consultant that is certified and conducts the testing according to ANSI standards must be performed before the facility is put in service as well as immediately after the facility is put on line and fully operational. The study shall be conducted on all four sides at the property line and at three heights or elevations, six feet off the ground, 25 feet off the ground, and 50 feet off the ground. A survey shall be conducted both during the daylight hours of 7:00 a.m. to 7:00 p.m. and also during evening hours of 7:00 p.m. to 7:00 a.m. The survey with all supporting data shall be submitted to the Township for review. The cost of the study and review by the Township shall be paid for by the owner or operator of the facility. A background noise study shall also be required by the Township in the event that data is collected by residents or the Township showing violations of the noise level limits stipulated above.

These noise level limits shall be in effect at the property line dividing the site developed and all adjoining properties for heights above ground level of six feet, 25 feet, and 50 feet if the facility is regulated by the Public Utility Commission (PUC). In the event that an applicant is unable to meet the aforementioned requirements, the applicant may either utilize appropriate noise mitigation measures that may include sound barriers or such technology or devices that will allow the applicant to meet said noise standards. Additionally, the applicant must promptly address any persistent vibrations that emanate from the facility in question and pose a health issue or risk to a resident property owner.

(d)

If the facility is regulated by the Federal Energy Regulatory Commission (FERC), then the noise level limit shall be 55 dBa in all cases and in all zoned districts and at all times at the first noise sensitive area (NSA) with "NSA" defined in the FERC regulations.

(e)

If any modifications to the facility are made or an additional compressor(s) are added to the facility, then the noise study described above shall be repeated. Modifications to a facility shall include the addition of compressors, increasing the capacity of existing compressors, or adding other equipment to the facility. Any increase in compressor station output requiring a DEP permit amendment shall be considered a modification. The Township shall receive copies of any and all applications and reports submitted to the Pennsylvania Department of Environmental Protection regardless of whether the submittals are for application purposes, monitoring, or permit modifications.

(f)

Any modifications proposed for the facility shall be reported to the Township prior to implementation irrespective of whether or not a DEP permit amendment is required.

(g)

These noise standards do not apply during the construction of the natural gas compressor station or the natural gas processing plant but go into effect when the facility is placed in operation, meaning the operation of any permanently installed equipment or appurtenances. During the construction of a natural gas compressor station or a natural gas processing plant, noise levels shall be equal to or less than 75 dBa at the property line dividing the site developed and all adjoining properties.

The applicant shall take the necessary safeguards to ensure that the paved Township roads utilized shall remain free of dirt, mud, and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned of dirt, mud and debris accumulations within four hours of the occurrence.

The applicant shall take necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with development, the applicant will provide flag persons or other alternative and approved safety mechanism to ensure the safety of children at or near schools or designated school bus stops and include adequate sign and/or warning measure for truck traffic and vehicular traffic. The applicant will coordinate its efforts with school districts so as to minimize heavy truck traffic during the hours school buses are picking up or dropping off children and provide documentation of the cooperation.

(11)

The access driveway off the public road to the natural gas compressor station or natural gas processing plant site shall be gated at the entrance to prevent illegal access.

(12)

Natural gas compressor stations, natural gas processing plants, interconnects/metering stations, and all operating equipment integral to these facilities shall be contained within an enclosed structure and surrounded by fencing at least eight feet in total height. An earthen berm at least six feet in height complete with Type I screening shall also be constructed outside the fencing. Refer to Subsection D(22) below. All equipment both inside and outside any structure that either makes noise or has the potential of making noise shall be wrapped in sound-attenuating quilted blankets. Exhaust fans and air circulation fans shall be mounted on steel legs with discharge directed vertically into the air or atmosphere.

(13)

Site lighting shall be directed downward and inward toward the natural gas compressor station or natural gas processing plant so as to minimize glare on public roads and adjacent buildings and properties. The Chapter 85, Lighting, Outdoor, shall be adhered to at all times and site lighting shall be determined by Chapter 85, Lighting, Outdoor.

(14)

If a person or persons shall have a complaint about the noise level of a certain natural gas compressor station and/or natural gas processing plant, they must provide the Township with dBa test results obtained with a measuring device that is generally used by noise consultants or firms for such studies or surveys. Note that measuring devices on cell phones or other "over the counter" devices not able to be calibrated are not acceptable. The Township will evaluate the complaint and test results and contact that owner of the facility putting them on notice that a valid complaint has been made and remedial action supported by a noise study/noise survey is required. Remedial action must be proposed and a noise study/survey completed within 21 calendar days of being notified by the Township.

(15)

Processing plants shall only be permitted to be located on property that is a minimum of 10 acres or larger. Multiple properties may be combined to meet the 10 acre minimum.

(16)

Regulations set forth in this section the regulations set forth in § 185-59 of the Township Code.

(17)

If there are unique characteristics of a proposed site, the Township's Zoning Officer (if permitted use) and/or the Board of Supervisors (if conditional use) may impose or request additional requirements from an applicant.

(18)

Building permit. The applicant shall apply for and obtain a Township building permit prior to initiating the construction of either a natural gas compressor station or natural gas processing plant.

(19)

Owners of the compressor station or processing plant or interconnect/metering station shall provide noise dBa readings along with a copy of the sound meter calibration certificate to the Township to ensure compliance with the ordinance if required by the Township to do so as a result of documented complaints received from Township residents. These readings shall be for a length of time mutually agreed to by the owners and the Township. The Township may also request the logs of the dBa readings at any time from the owners of the site when noise monitoring is being conducted.

(20)

Access roads that intersect a Township Road shall follow the PennDOT specifications for access roads as well as the following: paving the first 150 feet followed by rumble or tire cleaning strips and improving the remaining surface length with limestone in a manner that would minimize stormwater runoff, dirt, mud, and debris from being carried onto any public road.

This shall be in place prior to the commencement of construction operations. Access roads to vertical conventional and unconventional well pads that intersect a Township Road shall be constructed in a manner acceptable to the Township by improving the remaining surface length with limestone which will minimize stormwater runoff, dirt, mud, and debris onto any public road. Any debris that does travel and accumulate onto a public road as a result of the access road, must be cleaned up within a reasonable amount of time, not to exceed four hours, so as to decrease or minimize the potential for damage to the public roads and vehicular traffic on the public road.

All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather and under no circumstances shall brine water, sulfur water or water in mixture with any type of hydrocarbon be used for dust abatement.

(21)

All permanent utilities installed to the site shall be installed underground.

(22)

A galvanized steel chain-link fence at least eight feet high with opaque vinyl slats of a solid neutral color shall be installed around the perimeter of the site. Outside the fence shall be an earthen berm at least six feet in height (from ground level to top of the berm center) planted with Type I Screening shall be used on the site in accordance with § 185-62B of this chapter. The fence and earthen berm with plantings shall be in place within 90 days after construction is completed or after the first compressor or similar functional piece of permanent equipment is placed in service. A concrete wall at least eight feet in height can be used instead of a steel chain-link fence.

(23)

All permanent structures shall be of such color and design to blend with natural adjacent surroundings and preserve the rural character of the Township.

(24)

Permitted and conditional uses by zoning district. Oil and gas well sites shall be considered permitted uses in all zoning districts except Rural Residential (R-1) where it shall be considered a conditional use. Natural gas compressor stations. processing plants, and dehydration stations shall be considered conditional uses in Industrial (I) and Limited Business (LB) Zoning Districts, and metering stations shall be considered conditional uses in all Township zoning districts.

[Added 7-14-2015 by Ord. No. 2015-04; amended 1-7-2019 by Ord. No. 2019-01]

Pipelines.

[Added 1-7-2019 by Ord. No. 2019-01]

It shall be unlawful for any person, private entity, or subcontractor engaged by an individual or private entity, except any department or municipal authority of the Township, to perform the opening or excavation in or under any Township Road, unless and until a permit is secured from the Township for each separate undertaking. All work performed within the right-of-way shall conform to the provisions of PennDOT Publication 113, Temporary Traffic Control Devices.

For any opening or excavation performed on private property for the purpose of installing a gas pipeline, the person, private entity, or subcontractor engaged by an individual or private entity to perform the gas pipeline installation shall notify the Township of the exact location or locations of said pipeline construction or installation before any opening, excavation, or installation occurs.

Record drawings. Within 45 days after the completion of the construction or installation of the pipeline or pipelines, the applicant shall furnish the Township Secretary with two copies of record drawings which depict the exact location, size, and shape of the pipeline or pipelines constructed. GPS coordinates should be provided on the record drawings.

Violations and penalties. Any applicant/operator who violates or permits a violation of this section shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not less than $500 for each day of violation plus all court costs, including reasonable attorney's fees, engineering fees, and other administrative expenses incurred by the Township in the enforcement of this section. No judgment shall be imposed until the day of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. 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 relief, to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Township. A person who violates this section shall also be responsible for the Township's attorney's fees and court costs associated with enforcement.

[Added 1-7-2019 by Ord. No. 2019-01; amended 5-22-2023 by Ord. No. 2023-01]

Interpretation and severability.

[Added 1-7-2019 by Ord. No. 2019-01]

This section is to be interpreted so that it meets all federal and state constitutional and statutory requirements. This chapter is to be interpreted and applied to impose zoning regulations identifying where gas and oil well and other related uses are permitted in the Township and not to regulate technical aspects of such operations, including technical aspects of oil and gas well functioning and matters ancillary thereto governed by Act 13 of 2012 or other laws of the commonwealth, any regulations adopted pursuant thereto, and any applicable federal laws and/or regulations.