COLLEGE TOWNSHIP CENTRE COUNTY, PENNSYLVANIA ORDINANCE O ZONING REQUIREMENTS FOR STORAGE TANKS ORDINANCE

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1 COLLEGE TOWNSHIP CENTRE COUNTY, PENNSYLVANIA ORDINANCE O ZONING REQUIREMENTS FOR STORAGE TANKS ORDINANCE PROPOSED ORDINANCE TO AMEND THE COLLEGE TOWNSHIP CODE, CHAPTER 200 TO REGULATE THE LOCATION OF STORAGE TANKS, DISPENSING AREA DESIGN STANDARDS AND PHYSICAL BARRIER PROTECTION BE IT RESOLVED AND ORDAINED, by the College Township Council, Centre County, Pennsylvania and the authority of the same, does hereby adopt, made this 7 th day of December, 2006, by amending the Code of the Township of College, Pennsylvania with the amendment of Chapter 200, Zoning as follows: SECTION 1 INTENT It is the intent of this ordinance to regulate the location of storage tanks and their dispensing areas within College Township. Storage tanks typically are used to store products which can by hazardous to ones health as well as a danger to the environment and potable water supplies if a breach in such a tank were to occur. This regulation will protect the public health, safety and general welfare by requiring storage tanks to be located away from sensitive areas such as wellheads and natural bodies of water as well as try to limit surface spills to the minimum extent possible. SECTION 2 ZONING REQUIREMENTS FOR STORAGE TANKS Add the following new subsection V. to , Use Regulations of Chapter 200, Zoning: V. Storage Tank Systems. In addition to local, state and federal regulations, aboveground and underground storage tanks as defined in Chapter 82 Building Codes installed after the date of adoption of this ordinance shall have the following additional requirements: (1) Prohibited locations. Aboveground and underground storage tanks shall be located no closer than:

2 Page 2 of 5 (a) 1,000 feet to a wellhead of the College Township Water Authority, State College Borough Water Authority, Pennsylvania State University, or any other public water systems. (b) 500 feet to a natural body of water. For the purposes of this ordinance, natural bodies of water shall be those identified as streams, lakes or ponds on the Official College Township Zoning Map. (c) 500 feet to a wetland. For the purposes of this ordinance, a wetland shall be those defined and classified as such by the National Wetland Inventory by the U.S. Fish and Wildlife Service with the following exceptions: [1] In cases where wetlands have been filled in after the creation of said inventory, there shall be no need to provide for the 500 foot buffer between an Automobile Service Station and a wetland or [2] In cases where wetlands have been partially filled in after the creation of said inventory, the 500 foot distance shall be measured from the edge of the portion of the wetland(s) remaining. (d) 250 feet to Nolin Soils. For the purposes of this ordinance, Nolin Soils shall be those established as such by the Centre County Soil Survey unless the Nolin Soils have been developed upon or removed from the site prior to the adoption of this ordinance. In cases where a portion of the Nolin Soils still remains even after development, the 250 foot buffer distance shall be measured from the edge of the remaining Nolin Soils. (e) 100 feet to a floodplain as defined as such in of this Chapter. (2) Physical barriers. Physical barriers with a minimum height of 30 inches and capable of resisting a horizontal force of 12,000 pounds anywhere on its surface and in any direction. The physical barrier shall be placed around each outdoor above-ground storage tank and the portions of underground storage tanks which extend above the ground. (3) Dispensing areas. All dispensing areas for the dispensing of regulated substances shall have the following requirements:

3 Page 3 of 5 (a) Perimeter drains or other types of stormwater inlets and collection systems shall be required which will convey the runoff from the entire fuel dispensing area to a collection area where the runoff can be treated through the use of an oil-water separator prior to discharge to the environment. All oil-water separators shall be regularly maintained including but not limited to emptying, removing sediment and refilled with water to ensure they are not full of oil and can work properly. (b) The fuel dispensing area is defined as extending 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus 1 foot, whichever is greater. The paving around the fuel dispensing area may exceed the minimum dimensions of the fuel dispensing area stated above. (c) The fuel dispensing area must be covered, and the cover s minimum dimensions must be equal to or greater than the area of the fuel dispensing area, as defined above. The cover must not drain onto the fuel dispensing area. (d) In addition to these regulations, the fuel dispensing area including sumps and collection systems shall be designed and installed in accordance with Chapter 82, Building and Construction Code. (4) Spill Kits. Storage tanks systems which dispense the substance stored in it in dispensing areas as defined above shall have spill kits with the following minimum requirements: (a) Spill kits shall include but are not limited to an absorbent product capable of neutralizing and absorbing the regulated substance stored within the storage tanks. (b) Spill kits shall also include a method of disposal of the spilled substance. (c) Spill kits shall be placed in conspicuous location. In instances where there is more than one dispenser in the dispensing area, there shall be one spill kit for every six dispensers. (5) Existing storage tank systems. Aboveground and underground storage tank systems in place prior to the adoption of this ordinance shall be permitted to be replaced if the following conditions have been met: (a) The volume of the replacement storage tank system(s) is not expanded by more than fifty percent (50%) the capacity of the

4 Page 4 of 5 existing storage tank system(s) being replaced. This expansion may happen numerous times as long as the cumulative total of increased capacity does not increase by more than fifty percent (50%) of the original capacity at the time of adoption of this ordinance. (b) The primary use for the property, structure or use of the land is permitted within the zoning district. (c) The new storage tank system meets all applicable Local, State, and Federal regulations including , Storage Tanks. (6) Exemptions. The following storage tank systems and/or their uses shall be exempt from V(1): (a) Storage tanks for emergency generators located at facilities owned and/or operated by: [1] Local, county state or federal government. [2] Municipal authority as established under The Municipality Authorities Act (53 PA C.S et. seq.). [3] Hospitals, medical centers, nursing homes and other similar facilities providing emergency or medical care on site which would be hampered by the prohibition on storage tanks for emergency generators. (b) Storage tanks owned and operated by the same entity as that which owns and operates a public water system shall be permitted to be located within 1,000 feet of its own well. SECTION 4 SEVERABILITY If any sentence or clause, section or part of this ordinance is found to be unconstitutional, illegal or invalid, such findings shall not affect or impair any of the remaining parts of this ordinance. It is hereby declared to be the intent that this ordinance would have been adopted had such part not been included.

5 Page 5 of 5 SECTION 5 EFFECTIVE DATE This ordinance shall take effect five (5) days after enactment. ENACTED AND ORDAINED, this 7 th, day of December of 2006, by the College Township Council, Centre County, Pennsylvania. ATTEST: COLLEGE TOWNSHIP COUNCIL Adam T. Brumbaugh Secretary David W. Koll Council Chair