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1. The applicant for a mining or processing special exception permit shall submit the following information to the Zoning Officer:
A. Evidence of compliance with all state and federal laws applicable to the process for which the special exception permit is sought.
B. A description of the character, timing, and duration of the proposed operation, including maps and plans showing the area and extent of the proposed activity, the location and design of all structures, depth of the excavation, areas for storage of soil materials areas for the deposit of mining waste, and facilities for processing, loading, and transportation of minerals.
2. The location of all structures, land uses, and overlay zoning features which may be affected by the proposed operation and measures which will be taken to protect all structures, land uses, and overlay zoning features from adverse impacts from mining.
3. Measures which will be taken to ensure that any loss, diminution, or pollution of water supplies in areas affected by mining will be corrected or replaced.
4. Measures which will be taken to ensure that the performance standards contained in all sections of this chapter shall be met.
5. Description of plans for the transportation of the mined product, including routes of travel, number and weight of vehicles, and measures which will be taken to preserve all roads within the municipalities which are used to transport minerals shall be provided.
6. Plans for the restoration and reclamation of all land affected by the extractive operation to a condition which will support agriculture or other uses which are permitted by right or as special exceptions in the concerned District. If the proposed reclamation is for development, the proposed development should be compatible with the Comprehensive Plan and in conformance with the purposes and regulations of the District in which it is located.
7. Sufficient screening and buffering shall be provided as required by this chapter.
8. No expansion in area of a mining operation shall be permitted until mining activities have been completed on an equivalent area of land and the land shall have been graded and vegetation established in accordance with the approved plan for reclamation of the site.
9. In no case shall a special exception permit extend to an area of land or mode of operation which is larger or in any way different from the scope of permits issued concurrently by state and/or federal permitting authorities for the same existing or proposed mining or processing activity.
(Ord. 2024-01, 5/13/2024)
1. Natural gas compressor stations shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with area residents' enjoyment of their property and future development activities within the municipalities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:
A. Lawful existing or authorized uses of adjacent properties.
B. Neighboring flood-prone or landslide-prone areas.
C. Agriculture or farmland.
2. A special exception application for a natural gas compressor station shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.
3. As part of the special exception application, the applicable municipality and all applicable Emergency Responders shall be provided the name of the person supervising the compressor station and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this Section.
4. All natural gas compressor stations shall be completely enclosed by a building.
A. The building shall be constructed in a manner that the architectural character complements the existing character of the area. The building shall employ architectural features, including but not limited to sloped roofs, stone and brick accents, steeples, cupolas, etc.
B. The building shall employ soundproof-type walls, and all equipment associated with the compressor station shall be enclosed within the building. All acoustical structures shall be constructed of metal, masonry, or other structurally sound material as approved by the applicable municipal Engineer.
5. Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at the compressor station, the applicable municipality shall be provided a copy of the HOP. Access roads shall also comply with the following:
A. Access roads must be 50 feet from adjacent property lines unless written consent is given by the adjacent property owner.
B. The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, and/or debris carried onto any public roads.
C. If the access road is less than 200 feet, the entire road must be limestone.
6. The access driveway off the public road to the compressor station shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the station name and number, name of the operator, and the telephone number for a person responsible who may be contacted in case of emergency.
7. The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the station. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the applicable municipality and extending 800 feet beyond the municipal boundary. The operator shall provide the applicable municipality with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.
8. As part of the special exception process, the applicable municipality reserves the right to increase any required setback based on physical characteristics of the site, including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.
9. Compressor stations shall utilize electric motors rather than internal combustion engines. The Board of Supervisors may approve the use of internal combustion engines as part of the special exception approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.
A. Noise. The applicable municipality may require acoustical blankets, sound walls, mufflers, or other alternative methods to ensure compliance depending on the location of a proposed station to adjacent residential properties. As part of the special exception application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a 72-hour period with at least one 24-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.
(1) The noise generated during operating activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the 72-hour evaluation:
i. During station or plant activities by more than ten dBa during the hours of 7:00 a.m. to 9:00 p.m.
(2) During station or plant activities by more than five dBa during the hours of 9:00 p.m. to 7:00 a.m.
B. If the operator engages in any noise testing as required by this Section, it will provide preliminary data to the applicable municipality no later than ten business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with municipal representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set further herein were exceeded. The applicable municipality reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.
10. Drip pans must be placed in any location, under equipment, that has the potential to leak.
11. All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.
12. All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, and shall be compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the Township.
13. Compressor stations shall be inspected by the applicable local Fire Department prior to operation. During the active operation at the compressor station, Municipal staff or consultants designated by the applicable Municipal Manager shall have access to the site to determine continuing compliance with the special exception approval.
14. The applicant will reimburse the municipality for all reasonable and direct professional consultant fees incurred related to site inspection, approval process, or for specialized work called for in the permit.
15. The applicable municipality reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular compressor station site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the MPC.
16. Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless the applicable municipality, its departments, officials, officers, agents, employees, and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the applicable municipality, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.
17. The facility and/or its operation shall comply with all applicable permits and requirements of the DEP, the EPA, and any other governmental authority having jurisdiction over its operations and with all Federal, State, and Local laws, ordinances, and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the compressor stations will not violate the citizens of the New Brighton Area's right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of the New Brighton Area or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact area residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.
18. The operator shall be required to provide notice of any spills and/or releases to the Township.
(Ord. 2024-01, 5/13/2024)
1. Natural gas processing plants shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with the municipalities' residents' enjoyment of their property and future development activities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:
A. Lawful existing or authorized uses of adjacent properties.
B. Neighboring flood-prone or landslide-prone areas.
C. Agriculture or farmland.
2. A special exception application for a processing plant shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.
3. Special exception approval is nontransferable without consent from the Board of Supervisors, and shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance of the special exception. The special exception approval may be extended by the Board of Supervisors upon written request by the operator. The operator shall provide proof that the requested special exception permit for such location has not changed.
4. As part of the special exception application, the applicable municipality and all applicable Emergency Responders shall be provided the name of the person supervising the compressor station and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this Section.
5. Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at the processing plant, the applicable municipality shall be provided a copy of the HOP. Access roads shall also comply with the following:
A. Access roads must be 50 feet from adjacent property lines unless written consent is given by the adjacent property owner.
B. The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, and/or debris carried onto any public roads.
C. If the access road is less than 200 feet, the entire road must be limestone.
6. The access driveway off the public road to the processing plant shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the plant name and number, name of the operator, and the telephone number for a person responsible who may be contacted in case of emergency.
A. The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the plant. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the applicable municipality and extending 800 feet beyond the municipal boundary. The operator shall provide the applicable municipality with all State and Federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.
B. As part of the special exception process, the applicable municipality reserves the right to increase any required setback based on physical characteristics of the site, including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.
C. Processing plants shall utilize electric motors rather than internal combustion engines. The Board of Supervisors may approve the use of internal combustion engines as part of the special exception approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.
D. Noise. The municipalities may require acoustical blankets, sound walls, mufflers, or other alternative methods to ensure compliance depending on the location of a proposed plant to adjacent residential properties. As part of the special exception application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a 72-hour period with at least one 24-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the applicable municipality and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.
(1) The noise generated during operating activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the 72-hour evaluation:
(a) During station or plant activities by more than ten dBa during the hours of 7:00 a.m. to 9:00 p.m.
(b) During station or plant activities by more than five dBa during the hours of 9:00 p.m. to 7:00 a.m.
(2) Sound Test.
(a) If a complaint is received by any person using a protected structure for a lawful purpose, within a reasonable vicinity of a compressor station, regarding noise generated by plant operations, the applicable municipality will conduct a sound test to verify that a viable complaint exists. Upon confirmation by the municipality that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the municipality, continuously monitor for a 48-hour period at a point which is the closer to the complainant's building of:
(i) The complainant's protected structure property line nearest to the well site or equipment generating the noise; or
(ii) 100 feet from the protected structure, whichever is closer.
(b) If the operator engages in any noise testing as required by this Section, it will provide preliminary data to the applicable municipality no later than ten business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with municipal representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set further herein were exceeded. The applicable municipality reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.
E. Drip pans must be placed in any location, under equipment, that has the potential to leak.
F. All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.
G. All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, and shall be compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the applicable municipality.
H. Processing plants shall be inspected by the applicable local Fire Department prior to operation. During the active operation at the plant, municipal staff or consultants designated by the applicable municipality shall have access to the site to determine continuing compliance with the special exception approval.
I. The applicant will reimburse the applicable municipality for all reasonable and direct professional consultant fees incurred by the applicable municipality related to site inspection, approval process, or for specialized work called for in the permit.
J. The applicable municipality reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular processing plant site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the MPC.
K. Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless the applicable municipality, its departments, officials, officers, agents, employees, and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the municipality, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.
L. The facility and/or its operation shall comply with all applicable permits and requirements of the DEP, the EPA, and any other governmental authority having jurisdiction over its operations and with all federal, state, and local laws, ordinances, and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the processing plant will not violate the citizens of the municipalities right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of the municipalities or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the area residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.
(Ord. 2024-01, 5/13/2024)
1. Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is only on one side of the aisle and at least 24 feet wide where access to storage units is on both sides of the aisle.
2. If a manager/business office established on the site, at least four off-street parking spaces must be provided adjacent to the office. If moving vehicles are available on the site for rent, an additional parking space shall be provided for each rental vehicle.
3. The servicing or repair of stored equipment shall not be conducted in the storage units or outdoor storage areas. Furthermore, no business activities shall be conducted within the storage units.
4. The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals is prohibited.
5. If a parking area provided for the outdoor, storage recreational vehicles, such parking shall be in addition to required off-street parking.
6. Illumination shall be in accordance with §27-509.
7. Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
(Ord. 2024-01, 5/13/2024)
1. A public water supply system and public sewer system approved by the Pennsylvania Department Environmental Protection must be used.
2. Each mobile home lot (not including street right-of-way) shall not be less than 7,500 square feet in area and not less than 55 feet wide at the street right-of-way line.
3. Minimum setback requirements:
A. Front setback: 20 feet.
B. Rear setback: ten feet.
C. Side setbacks: Each lot shall have side yard areas totaling not less than 30 feet and no one side yard distance less than 12 feet. In no case shall the distance between any two mobile homes be less than 30 feet.
4. The Zoning Hearing Board may require suitable screen planting, or may further restrict the proximity of mobile homes or other improvements to adjoining properties, or may attach such other conditions or safeguards to the use of land for a mobile home park as the Board may deem necessary to protect the general welfare.
5. A mobile home park or extension thereof shall also comply with all applicable State and/or municipal regulations now in effect or hereinafter enacted, including Part 8 of the Dover Township Subdivision and Land Development Ordinance [Chapter 22].
(Ord. 2024-01, 5/13/2024)
The business or commercial activity must satisfy the following requirements:
A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.
(Ord. 2024-01, 5/13/2024)
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