Notice is hereby given that the Board of Supervisors of Drumore Township, Lancaster County, Pennsylvania, at its regular public meeting on May 7, 2015, at 7:30 P.M., prevailing time, at the Drumore Township Municipal Building, 1675 Furniss Road, Drumore, Pennsylvania, 17518 shall consider and, if appropriate, at that meeting or at a subsequent public meeting held within 60 days after the publication of this advertisement, shall enact an Ordinance providing for An Ordinance to Amend the Zoning Ordinance of Drumore Township to Amend Sections 112, 201.3.5, 201.4.8, 206.4.3, 206.5, 207.8, 401.2, 401.4, 401.10, 414.5.1, 414.5.4, 414.7.4, 415.4, 415.4.5 and Table 1, 502, 526, and to add new sections 201.5.11, 202.5.7, 401.4, 401.12, 415.3, 552 and 802.3.
The Ordinance (copy below) proposes to amend various sections of the Zoning Ordinance including Definitions, to delete and replace other sections, to add new sections to the Ordinance concerning various uses and structures within the Township, to amend the regulations pertaining to signage, and other matters.
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF DRUMORE TOWNSHIP TO AMEND SECTIONS 112, 201.3.5, 201.4.8, 206.4.3, 206.5, 207.8, 401.2, 401.4, 401.10, 414.5.1, 414.5.4, 414.7.4, 415.4, 415.4.5, AND TABLE 1, 502, 526, AND TO ADD NEW SECTIONS 201.5.11, 202.5.7, 401.4, 401.12, 415.3, 552 AND 802.3.
BE AND IT IS HEREBY ORDAINED AND ENACTED, by the Board of Supervisors of the Township of Drumore, Lancaster County, Pennsylvania, as follows:
BACKGROUND: The Board of Supervisors of Drumore Township has determined that certain provisions of the Drumore Township Zoning Ordinance of 2011 should be revised and that certain additional provisions should be added to the Zoning Ordinance. Accordingly, the Board has determined that the following revisions, additions and deletions, should be made.
1. Article 1, Section 112 Definitions is hereby amended to delete the definitions listed below in their entirety and to substitute the following:
Animal Hospital – Any establishment offering veterinary services by a veterinarian licensed by the Commonwealth of Pennsylvania. Animal hospitals can treat all types of animals and may or may not include indoor or outdoor keeping of animals.
Swimming Pool – Any structure, including inflatable devices, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than twenty four (24) inches. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
Kennel, Boarding - Any establishment available to the general public where a dog or dogs are housed for compensation by the day, week or a specified or unspecified time. This term shall not include a kennel where the practice of veterinary medicine is performed if the kennel is covered by the provisions of the act of December 27, 1974 (P.L. 995, No. 326), known as the “Veterinary Medicine Practice Act.” The term shall include any establishment available to the general public that, for consideration, takes control of a dog from the owner for a portion of a day for the purposes of exercise, day care or entertainment of the dog or a not for profit animal rescue shelter. For the purposes of this term, each time a dog enters the kennel it shall be counted as one dog. This term does not include and establishment engaged only in dog grooming or dog training.
Kennel, Breeding – A kennel that breeds or whelps dogs and:
(1) sells or transfers any dog to a dealer or pet shop kennel or
(2) sells or transfers more than 8 dogs per calendar year.
2. Article 1, Section 112 Definitions is amended to add the following definitions:
Ambient Noise Level- The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location constituting normal or existing level of environmental noise at a given location without extreme atmospheric conditions – such as wind greater than 5 miles per hour or precipitation – and then adjusting the noise level to eliminate any noise associated with the existing compressor station.
dB(A) - A weighted noise level measured in decibels. A weighting is a frequency adjustment representing the response of the human ear
Decibel - A unit for measuring the intensity of a sound/noise; equal to ten (10) times the logarithm to the base 10 of the ratio of the measured sound pressure, squared to a reference pressure of twenty (20) micropascals.
Natural Gas Compressor Station – A facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for the delivery of oil and gas to a transmission pipeline, Natural Gas Processing Plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
3. Article 1, Section 112 Definitions is amended to add the following to the Definition of Sign:
Dynamic Display or Dynamic Display Sign - Any business, commercial or industrial sign and/or billboard or portion of a sign and/or billboard that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. This definition shall not include electronic message display signs that repetitively indicate time, temperature and date, to other text or scrolling text message signs and to vehicular service station signs that digitally display current fuel prices.
Electronic Message Center Sign - An electronic business, commercial or industrial sign that displays time, temperature or current sales or events related to the business activity occurring on the premises. Electronic message center signs shall only consist of text-type messages and shall not be permitted to contain graphics, pictures or any other animated displays.
4. Article 2, Section 201.3. Conditional Uses is amended to delete subparagraph 5 in its entirety and to substitute the following:
5. Natural Gas Compressor Stations (Subject to Section 552)
5. Article 2, Section 201.4. Special Exception Uses is amended to read as follows:
8. Animal Hospitals, Breeding and Boarding Kennels (See Section 502)
6. Article 2, Section 201.5 Accessory Uses is amended to add a new subparagraph 11 which shall provide as follows:
11. ECHO housing, as defined herein, subject to the following:
A. The elder cottage shall be of portable construction and may not exceed one thousand five hundred (1500) square feet of floor area.
B. The total building coverage for the principal dwelling, any existing accessory structures and the elder cottage together shall not exceed the maximum lot coverage requirement for the Agricultural Zone.
C. The elder cottage shall be occupied by no more than two (2) people, at least one of whom must be both related to the occupants of the principal dwelling by blood, marriage or adoption, and is either (a) 50 years of age or older, (b) handicapped, or (c) disabled.
D. Utilities:
(1) For sewage disposal and water supply and all other utilities, the elder cottage shall be physically connected to those systems serving in the principal dwelling; no separate utility systems or connections shall be constructed or used, unless required by the PA DEP. All connection shall meet the applicable utility company standards.
(2) If on-lot sewage disposal or water systems are to be used, the applicant shall submit evidence to the Zoning Officer showing that the total number of occupants in both the principal dwelling and the elder cottage will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-lot sewage disposal system shall be subject to the review and approval of the Sewage Enforcement officer.
E. A minimum of one (1) all-weather, off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the elder cottage, in addition to that required for the principal dwelling.
F. The elder cottage shall be installed and located only in the side or rear yards, and shall adhere to all side and rear yard setback requirements for principal uses.
G. The elder cottage shall be removed from the property within three (3) months after it is no longer occupied by a person who qualifies for the use.
H. Upon the proper installation of the elder cottage, the Zoning Officer shall issue a temporary zoning permit. Such permit shall be reviewed every twelve (12) months until such time as the elder cottage is required to be removed. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary zoning permit. Such fee shall be based upon the cost of the annual review of the permit.
7. Article 2, Section 202.5 Accessory Uses is amended to add a new subparagraph 7, which shall provide as follows:
7. ECHO housing in compliance with Section 201.5.11.
8. Article 2, Section 206.4. Uses Permitted by Right, is amended to delete subparagraph 3.C the following is substituted:
3. C. Single Family Dwellings and earthmoving activities associated with such use.
9. Article 2, Section 206.5 Uses Permitted by Special Exception, is amended to delete Paragraph 1 and to substitute the following:
1. Any structure permitted by right, special exception, or conditional use under the base zoning district other than single family dwellings.
10. Article 2, Section 207.8 Prohibited Uses, is deleted in its entirety and the following is substituted:
207.8. Prohibited Uses
1. All structures and buildings, with the exception of those specifically allowed in Section 207.6.
2. The filling of wetlands, removal of topsoil or damming or relocation of any watercourses, except with the approval of the Pennsylvania Department of Environmental Protection.
3. Sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or materials.
4. On-lot sewage disposal systems and wells.
5. Underground and Overhead Utilities, such as but not limited to, gas lines, electrical and telephone systems.
11. Article 4, Section 401.2 is deleted in its entirety and the following is substituted:
Section 401.2 Swimming Pools
1. No swimming pool shall be permitted without an operating filtering system utilizing an antibacterial agent. All swimming pools shall be enclosed by a permanent fence which is at least four (4) feet in height. No fence will be required for above ground swimming pools which have sides which are at least four (4) feet above grade and access to the swimming pool can be secured, unless the zoning officer determines that conditions warrant greater safety measures. Fences shall be erected immediately after completion of construction of structures described in this section and before water is added to the pool.
2. No swimming pool shall be within ten (10) feet of any property line as measured from the water surface. Swimming pools shall be located to the rear of the principal dwelling. No swimming pools shall be erected in the front yard.
3. Discharge of swimming pool water shall be in accordance with the Drumore Township Stormwater Management Ordinance. No discharge shall be permitted to flow onto adjoining properties.
4. Swimming pools shall be permitted as a residential accessory use in all zoning districts except the Commercial/Industrial zoning district.
12. Article 4, Section 401.4 Satellite Dish Antennas, is deleted and is amended to substitute the following:
1. Within any Zone, roof or window mounted satellite dish antennas up to one meter (39.4 inches) in diameter are permitted by right as accessory uses. Residential properties shall contain no more than two (2) such devices.
2. Within any Zone, one (1) ground mounted satellite dish antenna up to one meter (39.4 inches) in diameter is permitted by right as an accessory use to a single family dwelling unit provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this Ordinance including but not limited to those specifically as follows:
A. All accessory residential installations must comply with all residential accessory use requirements specified within the Zone;
B. All installations shall be located (where possible) to prevent obstruction of the antenna’s reception window from potential permitted development on adjoining properties;
C. All installations must include screening treatments located along the antenna’s non-reception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna’s base. Such treatments should completely enclose the antenna. Required screening shall consist of evergreen plantings that provide eighty percent (80%) visual blockage of the area between ground level and a height of six (6) feet along the antenna’s non-reception window axes. Required low-level ornamental landscaping shall consist of vegetative materials that are planted with sufficient density to form an enclosure with the required screening, around the base of the antenna. Ornamental landscaping height will be determined by the installation’s required elevation alignments. All screening and landscaping requirements can be waived if the satellite dish antenna is at least fifty (50) feet from any property line;
D. All installations shall be securely anchored to the ground to prevent detachment during foul weather conditions. The applicant shall furnish evidence (statements and/or drawings) indicating the foundation method to be employed;
E. No transmission of video format data shall be permitted and;
F. The allowance of a satellite dish antenna shall in no way place any liability upon the Township for obstruction of the antenna’s reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna’s reception window shall be between private parties, and not the Township.
3. Within the A Zone, roof or ground mounted satellite dish antennas larger than one meter (39.4 inches) up to twelve feet (12’) in diameter are permitted by special exception, provided that the applicable regulations contained within this Ordinance specifically as follows:
A. Demonstration by the applicant that compliance with the applicable accessory yard, setback and height requirements would cause obstruction of a ground-mounted satellite dish antenna’s reception window; furthermore, such obstruction involves factors beyond the applicant’s control;
B. All applications must include certification by a Commonwealth registered engineer that the proposed installation complies with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§403.1 – 403.142. Furthermore, written documentation of such compliance, including load distributions within the building’s support structure, shall be furnished;
C. No transmission of video format data shall be permitted.
D. The satellite antenna must be set back at least the horizontal distance equal to its maximum height from all property lines and,
E. Any granting of a special exception for a satellite dish antenna shall in no way place any liability upon the Township or its Zoning Hearing Board for the obstruction of the antenna’s reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna’s reception window shall be between private parties, and not the Township.
F. Any screening must be as per 1403.4.B.3.
4. In the C/I Zone, satellite dish antennas are permitted by right provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this Ordinance including but not limited to those as specifically as follows:
A. All installations shall comply with the area, height, bulk and setback standards imposed upon principal uses;
B. All applications must include certification by a Commonwealth registered engineer that the proposed installation complies with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§403.1 – 403.142. Furthermore, written documentation of such compliance, including load distributions within the building’s support structure, shall be furnished;
C. All ground-mounted installations shall be screened from any adjoining properties per 1403.4.B.3. Such screening can be waived if the antenna is set back a distance at least five times its diameter from the adjoining property;
D. Those ground-mounted installations used to transmit video format data shall be completely enclosed by an eight (8) foot high fence. Such shall include signs warning of dangerous radiation levels, must be screened from adjoining properties, and must be locked at all times. This screening requirement can be waived if the fence is set back a distance at least five times the diameter of the satellite dish antenna, from the adjoining property and;
E. The allowance of a satellite dish antenna(s) shall in no way place any liability upon the Township for the obstruction of the antenna’s reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna’s reception window shall be between private parties, and not the Township.
13. Article 4, Section 401.10 Horse Boarding Requirements, is deleted in its entirety and shall now provide as follows:
401.10 Transportation Horse Boarding Requirements within Agricultural Zoning District on Residential Lots
Within the agricultural zoning district on lots less than two (2) acres, the non-commercial keeping of horses used solely as the resident's principal mode of transportation is permitted as an accessory use to a principal residence; however, adequate, safe and healthful means of animal waste disposal shall be used at all times. One horse and carriage barn shall be permitted with a maximum size of one thousand (1,000) square feet and twenty (20) feet in height. A maximum of two (2) horses shall be permitted as the resident's principal mode of transportation. All pasture areas shall be set back a minimum of ten (10) feet from any property line and be located in the rear yard area. All other zoning districts and lot sizes shall comply with the Non-Commercial Keeping of Animals requirements as stated in Section 201.5.5.
14. Article 4, Section 401 Accessory Uses and Structures, is hereby amended to add a new subsection 12 which shall provide as follows:
401.12 Internal Combustion Engine Generators
Internal Combustion Engine Generators shall be permitted as an accessory use in the Agriculture zoning district and shall be prohibited within all other zoning districts. Internal Combustion Engine Generators shall be subject to the following regulations:
1. The engine shall be housed within an insulated concrete block enclosure. The enclosure shall provide an insulated roof structure.
2. The engine shall be muffled via an exhaust silencer which provides a minimum of 25dBA of noise attenuation.
3. The structure shall be located a minimum of fifty (50) feet from any property line and a minimum of 500 feet from the nearest adjoining dwelling other than that of the owner. No structure shall be located within the front yard.
4. Applicant shall obtain a building permit in accordance with the PA UCC Act 45.
5. Emergency Standby Generators shall be exempt from the above requirements and permitted within all zoning districts.
15. Article 4, Sections 414.5 Minimum Planting Standards, is amended to delete subparagraphs 1 and 4 in their entirety and to substitute the following:
1. The total number of plantings shall be no less than the total calculated from all columns in the following table.
Improvement/Conditions Deciduous Evergreen
ShrubsTrees ShrubsTrees
____________________________________________________________
Per 1,000 Sq. Ft. of Gross 3 1 3 1
Building Area
Per 2,000 Sq. Ft. of Parking or
Loading Area 1 1 1 1
Per 100 Lineal Ft. of New and 1 4 1 4
Existing Road Frontage
(Measured on Both Sides where
Applicable)
Per 100 Lineal Ft. of Existing 1 2 1 4
Tract Boundary
4. All plantings used to comply with the minimum required number of plantings shall be:
A. Trees Deciduous -2 ½ Inch Caliper, Minimum
Evergreen 6 foot, Minimum (B&B)
Buffer/Screening Evergreen 8 foot, Minimum (B&B)
16. Article 4, Section 414.7 Landscape Design Standards, is amended to substitute subparagraph 4 as follows:
4. Where a specific need for visual screening or buffering has been identified, evergreen plantings shall be provided that are a minimum of eight (8) feet in height, measured from ground level, and planted at intervals of no less than eight (8) feet nor more than twelve (12) feet on center. The screen shall consist of two staggered rows of plantings.
17. Article 4, Section 415 Outdoor Signs is amended to add a new Section 415.3 which shall provide as follows, to renumber as Section 415.3 to Section 415.4, and to renumber Section 415.4 to 415.5:
415.3 Electronic Message Center and Dynamic Display Signs.
1. Electronic Message Center Signs
(A) One electronic message center sign is permitted within the Commercial/Industrial (C/I) Zoning District, per lot; the message board shall not exceed 20 square feet and must be located below the name of the business or center, and must be part of the freestanding business or center sign. The area of the electronic message center sign shall be deducted from the total permissible area of freestanding signage on the subject lot.
(B) The text portrayed on the message center portion of the sign shall be of one color and shall be displayed on a black, unlit background.
(C) No more than four lines of text shall be displayed at one time.
(D) Electronic message center signs shall be permitted to change, alter or move images at a minimum of an eight-second interval.
2. Dynamic Display Signs
(A) Dynamic display signs shall only be permitted by special exception in the Commercial/Industrial Zoning District (C/I), subject to the following conditions, as well as all other applicable requirements:
(B) Dynamic display signs shall be located no closer than 300 feet to any existing residential use.
(C) All dynamic display signs shall be set back a minimum of 35 feet from a street right-of-way.
(D) Only one dynamic display sign shall be permitted per property and shall not be located any closer than 200 feet to any other dynamic display sign on an adjacent property.
(E) Dynamic display signs shall be permitted to change, alter, or move images at a minimum of a ten-second interval.
(F) The images that are portrayed on the sign must be static, and the change to another static image must be instantaneous without any special effects. The images that are portrayed shall be complete in it themselves without continuation of content to the next image, display or to another sign.
(G) All dynamic display signs shall be erected with a light detector or photocell by which the sign's brightness can be dimmed when ambient light conditions darken. In no case shall a dynamic display sign cause objectionable glare to motorists, bicyclists and other pedestrian travel along any roadway, pathway, or driveway. A lighting diagram or other documentation acceptable to the Zoning Hearing Board shall be submitted with the application to demonstrate compliance with the lighting regulations of this chapter. In the event the light emits more illumination onto adjoining properties than what is permitted by this ordinance, illumination levels or the sign location shall be adjusted accordingly.
(H) If the sign malfunctions as to create a violation of any of these regulations, as determined by the Zoning Officer, the sign shall be turned off immediately and kept off until the sign can be repaired to be in full compliance with the above-mentioned regulations.
(I) Applicants proposing a dynamic display sign shall be required to obtain a sign permit and a Uniform Construction Code permit in the event an approval is given to their application.
(J) Any billboard which is a dynamic display sign or which contains dynamic display components shall, in addition to the requirements of this section, meet all requirements of Table 1. Where there is a conflict between this section and Table 1, the more stringent regulation shall apply.
18. Table 1 Regulations for Permanent Signs following Section 415 shall be amended to provide under “Billboard-Other Requirements” that it is subject to other requirements of Section 507, not Section 509.
19. Article 5, Section 502 is deleted in its entirety and the following is substituted:
502 Animal Hospitals, Boarding and Breeding Kennels
502.1 Within the (A) Zone, boarding/breeding kennels and animal hospitals are permitted by special exception subject to the following criteria:
502.2 Minimum Lot Area:
Animal Hospital – Two (2) Acres
Boarding Kennel – Twenty (20) Acres
Breeding Kennel – Forty (40) Acres
502.3 All animal boarding buildings and any outdoor animal pens, stalls or runways shall be located within the rear yard;
502.4 All animal boarding buildings and any outdoor animal pens, stalls or runways shall be located a minimum of 500 feet from all property lines and 1,000 feet from the Rural Residential , Village Residential or Village Commercial Zoning Districts;
502.5 The applicant shall furnish evidence of an effective means of animal wastes which shall be continuously implemented. No waste shall be stored nor disposed of within 500 feet of all property lines;
502.6 The applicant shall exercise control over the animals and shall not allow a nuisance condition to be created in terms of noise, animal waste, and odor;
502.7 Operation of kennels shall comply with the Dog Law, Act of December 7, 1982, P.L. 784, No. 225, as amended, 3 P.S. 459-101 et seq., and all applicable regulations of the Department of Agriculture.
502.8 The following shall apply to Breeding Kennels in addition to the requirements of Sections 502.2 to 502.7:
A. The applicant shall obtain a certificate of use and occupancy for the kennel which shall be renewed yearly. The fee for such certificate of use shall be in accordance with the Drumore Township Fee Resolution.
B. The applicant shall permit, at a minimum, yearly inspection of the kennel facility upon being given notice by the zoning officer.
C. The applicant shall, at the request of the zoning officer, provide copies of all records required to be maintained by the Dog Law and if the Kennel is not regulated by the Dog Law, the applicant shall keep written record of all dogs transferred and furnish such record at the request of the Township. The records shall include the dates of transfer and the name of the individual to whom each dog is transferred.
D. Evidence of PA Dept of Agriculture licensing, if required, shall be provided to the Township prior to the issuance of a certificate of use and occupancy.
502.9 The following shall apply to Boarding Kennels in addition to the requirements of Sections 502.2 to 502.7:
A. The applicant shall obtain a certificate of use for the kennel which shall be renewed yearly. The fee for such certificate of use shall be in accordance with the Drumore Township Fee Resolution.
B. Evidence of PA Dept of Agriculture licensing, if required, shall be provided to the Township prior to the issuance of a certificate of use and occupancy.
502.10 Non-conforming Breeding Kennels – Any non-conforming breeding kennels shall be required to register the non-conformity in accordance with Section 600 of this ordinance. Non- conforming breeding kennels shall be required to comply with Section 502.8.A through C.
20. Article 5, Section 526 Intensive Produce Operations and Intensive Livestock Operations is amended as follows:
526.2 Minimum Lot Area - Fifty (50) acres
526.14 All intensive produce operations must comply with the applicable storm water management regulations of the Drumore Township Stormwater Management Ordinance.
526.15 Deleted
526.16 Deleted
526.17-526.19 are renumbered to 526.15-526.17
Section 526.20 is renumbered to 526.18 and is amended to provide as follows:
For intensive produce operations, all buildings and storage/processing structures shall be set back at least one hundred and fifty (150) feet from adjoining roads and properties, and all off-street parking and loading spaces, outdoor storage areas and dumpsters shall be set back at least one hundred (100) feet and screened from adjoining roads and properties. For intensive livestock operations, all buildings and storage/processing structures shall be set back at least two hundred (200) feet from adjoining roads and properties, and all off-street parking and loading spaces, outdoor storage areas and dumpsters shall be set back at least one hundred (100) feet and screened from adjoining roads and properties.
526.21 -526.22 are renumbered to 526.19-526.20
21. Article 5 is amended to add a new Section 552 which shall provide as follows:
Section 552 Natural Gas Compressor Stations
552 Within the A Zone, Natural Gas Compressor Stations are permitted by conditional use, subject to the following criteria:
552.1 Minimum Lot Area - Twenty (20) acres.
552.2 To minimize impacts of on-going compressor station noise on surrounding land uses, a compressor station shall not be located any closer than five (5) miles to another existing or proposed compressor station.
552.3 Compressors and other power driven equipment shall utilize electric motors rather than internal combustion engines. No electric power shall be generated on-site, excepting, portable electric generation equipment which shall be permitted only when the equipment is located within a completely enclosed building.
552.4 Compressors shall be limited to five (5) electric powered compressors. One (1) internal combustion engine may be utilized as a back-up, if requested and approved by the Board of Supervisors through the Conditional Use process.
552.5 All principal buildings and accessory structures shall be set back at least five hundred (500) feet from any property line.
552.6 All noise generating equipment and processes shall be contained within a completely enclosed acoustical rated building with concrete flooring. Windows and doors shall remain closed during operations.
552.7 The building housing the compressors and all noise producing equipment, the ventilation system, and all pipes and supporting structures both inside and outside the building shall be sound-proofed as necessary to meet the maximum allowed noise at the property line as specified in Section 552.8.
552.8 Prior to the conditional use approval for a compressor station, the applicant shall establish the ambient noise for a continuous seventy-two (72) hour time span which shall include at least one twenty-four (24) hour reading during either Saturday or Sunday. The testing times, dates and location on the boundary of the subject property are subject to the prior approval of the Board of Supervisors.
The testing shall be done by a qualified Noise Control Engineer or other qualified person approved by the Township and in accordance with the most current American National Standard Specification for Sound Level Meters and noise control industry best practices.
The applicant shall provide the Township documentation, satisfactory in form and substance to the Township, of the established ambient noise level. The Township reserves the right to hire a third party consultant to witness testing and review the results. The third party costs shall be borne by the applicant and reimbursed to the Township.
Between the hours of 7 AM and 7 PM local time, the maximum allowable noise at the property line shall be the lesser of 50 dB(A) or the Ambient Noise Level, as determined by the procedures specified hererin, plus 5 dB(A).
Between the hours of 7 PM and 7 AM local time, the maximum allowable noise at the property line shall be the lesser of 45 dB(A) or the Ambient Noise Level, as determined by the procedures specified herein, plus 3 dB(A).
552.9 The Compressor Station shall be screened as described in Section 414.7.4 of this Ordinance in such manner necessary to screen buildings, structures, parking areas, storage areas and equipment.
552.10 The location and design of the structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area.
552.11 No outside storage of equipment or surplus materials, including the placement of permanent or moveable storage container, or other portable equipment shall be stored on the facility.
552.12 The Operator shall maintain at the property and on file with the Township Fire Department and Township Emergency Management Coordinator all material safety data sheets (MSDSs) for all hazardous materials produced, stored, distributed or used on site.
552.13 The Operator shall provide a yearly site orientation and training program for Township’s emergency first responders regarding operations, equipment and chemicals present at the facility. All cost relating to the yearly program shall be the responsibility of the Operator.
552.14 The Operator shall provide the name, address, and phone number for 24 hour emergency contact.
552.15 Heavy truck traffic traveling to and from the compressor station shall be permitted only between the hours of 7:00am to 7:00pm, local time. Emergency vehicles and field maintenance vehicles are exempted from this limitation.
552.16 Tracking of mud, dirt and debris onto Township streets shall be minimized. Measures shall be taken to clean any mud, dirt and debris from Township streets within a reasonable time.
552.17 The Operator shall demonstrate continued compliance with all applicable local, State and Federal permits and regulations including, but not limited to, the Pennsylvania Uniform Construction Code 35 PS 7210.101 to 7210.1103 and the Drumore Township Stormwater Management Ordinance.
552.18 No person shall place, deposit, discharge or cause to be placed, deposited or discharged any oil, petroleum, asphalt, tar, hydrocarbon substance or any refuse including wastewater or brine from any natural gas processing facility or the contents of any container used in connection with any natural gas processing facility into, or upon any public right-of-way, alley, street, lot, storm drain, ditch or sewer, sanitary drain, lake, pond, creek or similar body of water or any private property without permits from the appropriate regulatory agencies.
552.19 The site shall be secured by a minimum eight (8) foot high chain link fence with a locking gate that shall be kept locked when employees are not on the premises.
552.20 Exterior lighting shall comply with Section 428.
552.21 Compressor stations shall not be subject to the parking requirements of Section 412; however, an adequate area improved with a dust-free all-weather surface shall be provided on the site for parking maintenance vehicles during routine visits.
552.22 The zoning officer/code enforcement officer or duly authorized Township Official may enter the premise or structure during normal business hours to verify or enforce provisions of this ordinance and the Conditional Use approval. If premise is unmanned, or if there is reasonable cause to believe a condition exists on the premise which violates the ordinance constituting an unsafe condition, access shall be granted within twenty-four hours of notification to the Operator/Applicant.
552.23 If any section, subsection, sentence, clause or phrase, or portion of this document is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portion thereof.
22. Article 8, Section 803 Amendments, Section 2.3 is renumbered as 2.4, the remaining paragraphs are renumbered as 2.5-2.8, and a new 2.3 in inserted which shall provide as follows:
3. Electronic and/or Mailed Notice – In addition the public notice requirements defined herein, an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract of land within a Township, may request that the Township provide written or electronic notice of a public hearing which may affect such tract or parcel of land.
A. Mailed notice shall be required only if an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the Township has made a written request that the notice be mailed and has supplied the Township with a stamped, self-addressed envelope prior to a public hearing.
B. Electronic notice shall be required only if an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within a Township has made a written request that notice be sent electronically and has supplied the Township with an electronic address prior to a public hearing and only if that Township has the capability of generating an electronic notice. An owner of a tract or parcel of land within a Township or an owner of the mineral rights in a tract or parcel of land within a Township making the request and supplying and electronic address may at any time notify the Township that the owner of the tract or parcel of land located within the municipality, or the owner of the mineral rights in a tract or parcel of land within a Township no longer will accept electronic notice and in that event the Township many no longer provide electronic notice.
C. An owner of a tract or parcel of land or an owner of the mineral rights in a tract or parcel of land within the Township who has requested a mailed notice shall be solely responsible for the number, accuracy and sufficiency of the envelopes supplied. The Township shall not be responsible or liable if the owner of a tract or parcel of land within a municipality, or an owner of the mineral rights in a tract or parcel of land within the Township does not provide to the Township notice of any changes in the owners mailing address.
D. An owner of a tract or parcel of land or an owner of the mineral rights in a tract or parcel of land within the Township who has requested electronic notice shall be solely responsible for the accuracy and functioning of the electronic address provided to the municipality. The Township shall not be responsible if the owner of a tract or parcel of land or an owner of the mineral rights in a tract or parcel of land within the Township does not provide to the Township notice of any changes to the owner’s electronic address.
E. A Townships hall deposit a mailed notice in the United States mail or provide electronic notice not more than thirty (30) and not less than seven (7) days prior to the scheduled date of the hearing as shown on the notice.
F. For each public hearing, the municipal secretary shall prepare, sign and maintain a list of all mailed notices, mailing dates, electronic notices and electronic notice dates. The signed list shall constitute a presumption that the notice was given.
G. The mailed notice shall be deemed received by an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the Township on the date deposited in the United States mail.
H. The electronic notice shall be deemed received by an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land with the Township on the date the Township electronically notifies the owner.
I. Failure of an owner or tract or parcel of land located within a Township or an owner of the mineral rights in a tract or parcel of land within the Township to receive the requested mail notice or electronic notice shall not be
23. This Ordinance shall take effect five (5) days after enactment by the Board of Supervisors of the Township of Drumore as provided by law.
DULY ORDAINED this _____ day of ______, 2015, by the Board of Supervisors of the Township of Drumore, Lancaster County, Pennsylvania.
DRUMORE TOWNSHIP
Lancaster County, Pennsylvania
Attest:__________________ By: ____________________________
Secretary Chair, Board of Supervisors