Except as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted in § 165-24 and for the zoning districts so indicated.
A. 
A use listed in § 165-24 is permitted by right in any district denoted by the letter "P," subject to such requirements as may be specified in § 165-25 through § 165-51 and after a zoning permit has been issued in accordance with Article X.
B. 
A use listed in § 165-24 is permitted as a conditional use in any district denoted by the letter "C," provided that the governing body, having received recommendations from the Planning Commission, grants the conditional use, subject to the expressed standards set forth in §§ 165-25 through 165-51 and to the requirement in Section 603(c)(2) of the Pennsylvania Municipalities Planning Code [53 P.S. § 10603(c)(2)] that the governing body conduct a public hearing pursuant to public notice before acting on a conditional use.
C. 
A use listed in § 165-24 is not permitted in any district denoted by the letter "N."
Uses permitted by right or conditional uses shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking and loading and to such other provisions as are specified in other articles hereof.
A. 
No garage or other accessory building, partial structure or temporary structure shall be erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a temporary zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary dwelling purposes and that the authorized structure is to be vacated upon the expiration of a specified time limit, not to exceed one year. On receipt of the zoning permit, the applicant shall certify that he has knowledge of the terms of the permit and the penalty that can be invoked for violation.
B. 
Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits according to § 165-51E.
[Amended 11-11-2002 by Ord. No. 226; 9-12-2016 by Ord. No. 287; 11-12-2018 by Ord. No. 295]
A. 
Uses similar to those set forth in the following Table of Use Regulations for each zoning classification other than essential services shall be authorized as a conditional use following review and recommendation by the Planning Commission and subject to provisions for required public hearings when authorized by the Borough Council using the following standards and the standards in § 165-26 that represent the most-similar use.
B. 
Due to their unique nature being operated by public utilities or governmental agencies and their necessity to support the health, safety and welfare of all land uses within all areas of the Borough, essential services are accessory to, compatible with and distinct from other land uses such that the allowance of essential services in a zoning district shall not be the basis of comparison of similarity for a nonenumerated land use.
C. 
Oil and gas development and oil- and gas-related operations are hereby declared as dissimilar from all other land uses provided for in the Table of Use Regulations, § 165-24A.
D. 
Unlisted and dissimilar uses. When under this chapter, a use is neither specifically permitted nor denied or is dissimilar to those set forth in the following Table of Use Regulations, and an application is made to the Borough for such use, the use shall be treated as a conditional use in the M3 District and require review and approval by the Borough Council in accordance with the conditional use review procedures in Article X of this chapter.
[Amended 11-11-2002 by Ord. No. 226; 12-11-2006 by Ord. No. 247; 8-9-2010 by Ord. No. 260; 8-9-2010 by Ord. No. 261; 5-9-2011 by Ord. No. 266; 6-13-2016 by Ord. No. 286; 9-12-2016 by Ord. No. 287]
A. 
The table is to be used in conjunction with detailed descriptions in §§ 165-25 and 165-26. As used in the Table, "P" = Permitted; "C" = Conditional use; "N" = Not permitted; and "A" = Accessory.
[Amended 5-8-2017 by Ord. No. 292; 2-12-2018 by Ord. No. 294; 11-12-2018 by Ord. No. 295; 3-9-2020 by Ord. No. 302; 8-9-2021 by Ord. No. 307; 9-13-2021 by Ord. No. 309]
Bell Acres
Table of Use Regulations
Districts
Use
Section
R1
R2
R3
R4
M1
M2
M3
RR 1
Apartment
N
N
N
C
N
N
N
N
Automobile rental, sales and services
§ 165-26B
N
N
N
N
N
C
P
N
Bed-and-breakfast
§ 165-26C
C
C
N
N
N
N
N
C
Bus depot
N
N
N
N
N
C
P
N
Business and professional office
N
N
N
N
C
P
N
N
Car wash
§ 165-26D
N
N
N
N
N
C
N
N
Cemetery
§ 165-26E
C
N
N
N
N
C
N
C
Church
§ 165-26F
C
C
C
C
C
N
N
C
Commercial recreation
§ 165-26G
N
N
N
N
C
C
N
N
Commercial school
N
N
N
N
C
P
N
N
Commercial stable
§ 165-26A
C
N
N
N
N
N
N
C
Communication tower
§ 165-26H
C
C
C
C
C
C
C
C
Community clubhouse, private
§ 165-26PP
C
C
C
C
C
C
N
C
Community swimming pool, private
§ 165-26QQ
C
C
C
C
C
C
N
C
Construction business
N
N
N
N
N
P
P
N
Convenience store
§ 165-261
N
N
N
N
P
N
N
N
Crop farming
§ 165-26J
P
P
P
P
N
P
N
P
Data centers
§ 165-26RR
N
N
N
N
N
N
C
N
Day-care center
§ 165-26K
N
N
N
C
C
N
N
N
Drive-through facility
§ 165-26L
N
N
N
N
A
N
N
N
Dwelling in combination
§ 165-26M
N
N
N
N
C
N
N
N
Duplex
N
N
P
P
P
N
N
N
Energy source operations
§ 165-26MM
C
C
C
C
C
C
C
C
Essential services
C
C
C
C
C
C
C
C
Family day care
§ 165-26N
N
C
C
N
N
N
N
N
Financial establishment
§ 165-260
N
N
N
N
N
P
N
N
Funeral home
N
N
N
N
N
P
N
N
Gasoline service station
§ 165-26P
N
N
N
N
N
C
N
N
Greenhouse
§ 165-26J
P
C
C
C
N
C
N
P
Group care facility
§ 165-26S
N
N
N
C
C
N
N
N
Hospital
§ 165-26R
N
N
N
P
N
N
N
N
Industrial park
§ 165-26T
N
N
N
N
N
N
P
N
Injection well
§ 165-27F(1)(p)
N
N
N
N
N
N
C
N
Kennel
§ 165-26JJ
C
N
N
N
N
N
N
C
Manufacturing
§ 165-26U
N
N
N
N
N
N
P
N
Medical marijuana dispensary
§ 165-26NN
N
N
N
N
N
C
C
N
Medical marijuana grower/processor
§ 165-2600
N
N
N
N
N
C
C
N
Mineral removal
§ 165-26V
N
N
N
N
N
N
C
N
Mobile home park
§ 165-26W
N
N
N
N
N
C
N
N
Motel-hotel
N
N
N
N
N
P
N
N
Nurseries
§ 165-26J
C
N
N
N
N
C
N
C
Nursing home
§ 165-26R
N
N
P
P
N
N
N
N
Oil and gas development
§ 165-27
N
N
N
N
N
N
C
N
Personal care boarding home
§ 165-26S
N
N
C
C
N
N
N
N
Personal service
N
N
N
N
P
P
N
N
Planned residential development
Article VII
N
N
P
P
N
N
N
N
Private club
§ 165-26Q
C
C
C
C
C
N
N
C
Public lot/garage
§ 165-26X
N
N
N
N
C
P
N
N
Public solid waste disposal site
§ 165-26Y
N
N
N
N
N
N
C
N
Public utility building or storage yard
§ 165-26Z
N
N
N
C
C
C
C
N
Related operations
§ 165-27
N
N
N
N
N
N
C
N
Repair shop
N
N
N
N
P
P
P
N
Research and development
N
N
N
N
N
P
P
N
Restaurant
N
N
N
N
C
P
N
N
Retail store
§ 165-26LL
N
N
N
N
C
P
N
N
School, public and private
§ 165-26AA
P
P
P
P
N
N
N
N
Self-storage facility
§ 165-26BB
N
N
N
N
N
N
C
N
Service business
N
N
N
N
P
P
N
N
Sexually oriented business
§ 165-26CC
N
N
N
N
N
N
C
N
Shopping center
§ 165-26DD
N
N
N
N
N
C
N
N
Single-family dwelling
P
P
P
P
P
N
N
P
Tavern
N
N
N
N
C
P
N
N
Townhouse
N
N
N
P
P
P
N
N
Transitional dwelling
§ 165-26S
N
N
N
C
C
N
N
N
Truck depot
N
N
N
N
N
C
P
N
Truck rental, sales and service
§ 165-26GG
N
N
N
N
N
C
P
N
Truck terminal
§ 165-26KK
N
N
N
N
N
C
N
N
Vehicle repair, accessories, sales and installation
§ 165-26HH
N
N
N
N
N
C
P
N
Vehicle salvage yard
§ 165-26II
N
N
N
N
N
N
C
N
Veterinary service
§ 165-26JJ
N
N
N
N
C
C
N
N
Warehousing
§ 165-26KK
N
N
N
N
N
N
C
N
Wholesale
§ 165-26KK
N
N
N
N
N
N
C
N
B. 
Table of Accessory Use Regulations (§ 165-51).
[Amended 7-13-2020 by Ord. No. 301; 8-9-2021 by Ord. No. 307]
Residential Districts
Use Districts
Use
Section
R1
R2
R3
R4
M1
M2
M3
RR 1
Animal husbandry
§ 165-31K
P
P
P
P
P
P
P
P
Home occupation uses and accessory structures
§ 165-31A
C
C
C
C
C
C
N
C
Residential accessory building, uses and structures
§ 165-31B
P
P
P
P
P
P
N
P
Commercial accessory building
§ 165-31C
N
N
N
N
P
P
P
N
Commercial outdoor storage or display
§ 165-31D
N
N
N
N
N
N
P
N
Private use helipad
§ 165-31E
C
C
C
C
C
C
C
C
Swimming pools
§ 165-31F
P
P
P
P
P
P
N
P
Satellite dish antennas
§ 165-31G
C
C
C
C
C
P
P
C
Accessory antennas
§ 165-31H
C
C
C
C
C
C
C
C
Logging operations
§ 165-31I
P
P
P
P
P
P
P
P
Barnes and stables
P
C
N
N
N
N
N
P
Personal wind energy system
§ 165-31J
C
C
C
C
C
C
C
C
Temporary uses and structures, construction related
§ 165-26EE
P
P
P
P
P
P
P
P
Temporary uses and structures, nonconstruction related
§ 165-26FF
C
C
C
C
C
C
C
C
[Amended 11-11-2002 by Ord. No. 226]
In addition to the specific standards and criteria listed for each use in § 165-26 below, all applications for permitted or conditional uses listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:
A. 
The use shall not endanger the public health, safety or welfare nor deteriorate the environment as a result of being located on the property where it is proposed.
B. 
The use shall comply with the performance standards of Article IV, Performance Standards, §§ 165-53 through 165-67 of this chapter.
C. 
All uses shall comply with all applicable requirements of Article V governing parking and loading, Article VI governing signs, § 165-55, Buffer yards, § 165-60, Lighting, Article IX, Geologic Hazards Districts, and any other applicable regulations, including Chapter 61, Article II, governing floodplains.
[Amended 3-13-2022 by Ord. No. 313]
D. 
Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.
E. 
Outdoor lighting, if proposed, shall be shielded and reflected away from residential properties and public streets. Lighting devices which produce objectionable direct or reflected glare greater than three footcandles on adjoining properties or public streets shall not be permitted.
F. 
For all uses which are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable ADA requirements have been met in the design.[1]
[1]
Editor's Note: Former Subsection E, regarding outdoor lighting, was repealed 3-13-2022 by Ord. No. 313. This ordinance also redesignated former Subsection F as Subsection E.
[Amended 11-11-2002 by Ord. No. 226]
In addition to the general standards and criteria for all certain permitted uses and conditional uses listed in § 165-25 above, an application for any of the following uses which are listed in any zoning district as permitted uses or conditional uses shall comply with the applicable standards and criteria specified below for that use.
A. 
Commercial stables.
[Amended 8-9-2021 by Ord. No. 307]
(1) 
Storage of manure, odor or dust producing substances shall be located at least 200 feet from any property line and at least 100 feet from environmentally sensitive areas, to include, but not be limited to, streams, wetlands, ponds, spring seeps and private water sources.
(2) 
Any building used for the keeping, raising or feeding of livestock shall be located at least 200 feet from any street line and from any adjacent landowner's well or dwelling and not less than 100 feet from the landowner's well or property line.
(3) 
The minimum lot area for keeping horses shall be five acres. The minimum lot area for keeping horses shall not be less than two acres of pasture per horse.
(4) 
Grazing and pasture areas shall be adequately fenced.
B. 
Automobile rental, sales and service.
(1) 
New and used vehicle sales and service establishments shall be limited to those establishments which are factory authorized dealerships or which have obtained a license from the Commonwealth of Pennsylvania to operate a used car dealership.
(2) 
The minimum lot area required shall be one acre.
(3) 
The property shall have frontage on and direct vehicular access to an arterial or collector street.
(4) 
The area used for display of merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of equivalent or superior character as approved by the Borough Engineer.
(5) 
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of Article XII of this chapter.
(6) 
All lots used for the outdoor display of vehicles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repair, servicing, sales and customer car washing shall be performed.
(7) 
No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.
(8) 
No vehicle shall be displayed or offered for sale which does not have a current registration and inspection sticker and all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.
(9) 
All lights and light poles shall be located at least 10 feet from any street right-of-way or property line, and all lighting shall be shielded and reflected away from adjacent streets and properties.
(10) 
No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot or on any merchandise displayed outdoors.
(11) 
All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.
(12) 
Customer vehicles with external damage awaiting repairs shall be located either inside a building or in an outdoor area which is screened by a six-foot dense, compact evergreen hedge or opaque fence.
(13) 
Buffer Area B, as defined by § 165-55 of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.
C. 
Bed-and-breakfast.
(1) 
The minimum lot size for a bed-and-breakfast shall be two acres.
(2) 
A maximum of four guest sleeping rooms shall be permitted for each bed-and-breakfast.
(3) 
Parking for guests of the bed-and-breakfast shall be screened from neighboring properties by Buffer Area C as defined by § 165-55 of this chapter.
D. 
Car wash.
(1) 
All automated washing facilities shall be in a completely enclosed building, as defined by this Chapter. All other car washing facilities shall be under a roofed structure which has at least two walls.
(2) 
Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.
(3) 
Standing spaces shall be provided in accordance with the requirements specified in § 165-26L for drive-through facilities.
(4) 
Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.
(5) 
Any car wash which also dispenses gasoline shall meet all applicable requirements of § 165-26P governing gasoline service stations.
E. 
Cemetery.
(1) 
A minimum site of 10 acres shall be required.
(2) 
A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.
(3) 
A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.
(4) 
Plans for ingress/egress to the site shall be referred to the Borough Police Department for comments regarding public safety.
(5) 
All property lines adjoining residential use or residential zoning classification shall be screened by Buffer Area B, as defined by § 165-55 of this Chapter.
(6) 
Parking for principal structures such as chapels or mausoleums shall be provided in accordance with the requirements for churches specified in § 165-71.
(7) 
All maintenance equipment shall be properly stored in an enclosed building when not in use.
(8) 
Burial sites or burial structures shall not be located within 100 feet of any property line adjoining residential use or residential zoning classification.
F. 
Church.
(1) 
The minimum lot area required for a church shall be five acres.
(2) 
If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.
(3) 
A dwelling (such as a manse or parsonage) may be located on the same lot with a church, provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.
(4) 
Lot coverage of a church, including a dwelling, paved areas, recreational areas or any other use of land that is not natural or planted vegetation, shall not exceed 35%.
(5) 
The church shall be screened along any property line adjoining single-family use or zoning classification by Buffer Area C, as defined by § 165-55 of this Chapter.
(6) 
All churches shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment.
(7) 
Churches shall have direct access to an Allegheny County owned and maintained road with sufficient capacity to accommodate the traffic generated by the church.
(8) 
Churches shall be connected to public sewer and water.
G. 
Commercial recreation.
(1) 
The minimum lot area required for outdoor recreation facilities shall be one acre. All indoor facilities shall meet the minimum lot area required for the zoning district in which the property is located.
(2) 
The property shall have frontage on and direct vehicular access to an arterial street, as defined by this Chapter.
(3) 
The property shall be served by public water and public sewers.
(4) 
Adequate sanitary facilities available to the public shall be provided.
(5) 
Outdoor speakers shall not be permitted if there are dwellings within 500 feet of the property in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize impact on adjoining properties.
(6) 
Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.
(7) 
Any outdoor facility shall be completely enclosed by a fence which is at least six feet in height with one or more locking gates which shall remain secured when the facility is not in use.
(8) 
Any outdoor facility located within 200 feet of an existing dwelling shall cease operations between 10:00 p.m. and 7:00 a.m. each day.
(9) 
Any use which includes eating or drinking facilities shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational use.
H. 
Communication towers standards and criteria. "Communication towers" as defined in this chapter, shall be permitted as a conditional use which may be authorized pursuant to the following standards and criteria:
(1) 
Existing structures.
(a) 
In order to minimize the number of antenna support structures needed in the community in the future, proposed support structures shall be required to accommodate other users, including other cellular communication companies, and local police, fire and ambulance companies.
(b) 
A communication tower with antenna that is attached to an existing communication tower, smokestack, water tower or other tall structure is permitted in all zoning districts if the height of the antenna will not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted on an existing structure (and is within the fifteen-foot limit), it shall be authorized as a use by right, and the applicant shall not be required to meet the standards and criteria specified below.
(2) 
New structures.
(a) 
A communication tower with antenna that is either not mounted on an existing structure or is more than 15 feet higher than the preexisting structure on which it is mounted is permitted in all zoning districts but requires prior approval as a conditional use.
(b) 
If the applicant proposes to build a new tower, it is required to demonstrate that it contacted the owners of tall structures within a two-mile radius of the site proposed, asked for permission to install the antenna on those structures and was denied for reasons other than economic ones. These would include smokestacks, water towers, tall buildings, antenna support structures of other communications companies, other communications towers (fire, police, etc.) and other tall structures. The Borough Council may deny the application to construct a new tower if the applicant cannot demonstrate that a good faith effort to mount the antenna on an existing structure has been made.
(c) 
All other uses ancillary to the antenna and associated operational equipment (including a business office, maintenance depot, vehicle storage, etc.), are prohibited from the communication tower site unless otherwise permitted in the zoning district in which the communication tower site is located.
(3) 
Application requirements for conditional use. The application for conditional use shall include a development and operational plan. The following information, and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this subsection will be achieved, shall be included:
(a) 
A description of the character, timing and duration of the proposed construction, operation and use of the facility, including maps and plans showing the location of the site, all access routes from public roads and the regional area to be influenced by the proposed activity and use.
(b) 
A full site plan drawn to scale for the communication tower site showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required in the Borough's Subdivision and Land Development Ordinance.[1] The site plan shall not be required if the antenna is to be mounted on an existing structure. No building permits shall be issued until after final approval of the application and the final approval and recording of a subdivision site plan.
[1]
Editor's Note: See Ch. 149, Subdivision and Land Development.
(c) 
Complete plans of the proposed tower and all auxiliary structures and support facilities. The applicant shall demonstrate that the proposed antenna and support structures are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. All support structures shall be fitted with anti-climbing devices as approved by the Borough. The Borough Council may require independent studies and reviews of all such assurances. These shall be prepared by qualified professionals acceptable to both the developer and the Borough Council. The cost of all such studies and reviews shall be borne by the applicant in cases where issues develop over the need for, or the adequacy of, safety and compliance with this subsection.
(d) 
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of the nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when and as required by the Federal Aviation Administration.
(e) 
Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure and any property lines shall be 100% of antenna height.
(f) 
All buildings and structures on the site other than the antenna support structure and any guy wire anchors shall conform to the setback and dimensional requirements that apply to the zoning district in which the site is located.
(g) 
A fence shall be required around the antenna support structure and other equipment unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height. The entire fence shall be constructed in a manner to prevent the entry onto the portion of the premises on which the use is situated by unauthorized persons, domestic animals or livestock.
(h) 
All applicable parking, sign and other requirements of this chapter shall apply. If the communication tower site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.
(i) 
Landscaping.
[1] 
The site, including all structures, shall be constructed and landscaped in a manner appropriate to the district in which it is located. Open areas shall be covered with an appropriate vegetation and properly maintained.
[2] 
Suitable landscape screening or buffers shall be developed, if deemed necessary by the Borough Council, to minimize visibility of outside storage or ground level operational functions if said activities are readily visible from adjoining properties used for residential purposes. Where required, a screen or buffer shall have a height adequate to achieve its purpose.
[3] 
Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The Borough Council shall require that either new planting or alternative screening be provided if, after 24 months, the existing plantings do not provide an opaque screen.
[4] 
The Borough Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.
(j) 
When applicable, the applicant shall have obtained from each appropriate state and federal regulatory agency or authority a permit issued in accordance with all applicable state and federal laws, directives and regulations for the proposed use.
(k) 
Provisions for access to a public right-of-way shall be made, and due consideration shall be given to the use of the property if the communication tower is abandoned.
(l) 
Abandonment.
[1] 
The applicant shall provide the written opinion of a qualified professional certifying the current cost of the dismantling and removal of the tower and associated facilities. The Borough, at its option, may secure the opinion of another professional to verify the accuracy of the figures submitted, and the applicant shall bear the cost of obtaining such opinion.
[2] 
As a condition of the issuance of the permit, the applicant shall agree to dismantle and remove the tower and associated facilities promptly should its use ever be abandoned.
[3] 
The issuance of a permit for the erection of a tower shall be conditioned on the applicant's posting of a surety bond guaranteeing the dismantling and removal of the tower should its use ever be abandoned. The amount of the bond shall be equal to 120% of the cost of removal of the tower as set forth in Subsection H(3)(1)[1]. The amount of the bond shall be adjusted annually in accordance with the consumer price index as published by the United States Department of Labor.
I. 
Convenience store.
(1) 
The minimum lot size shall be 20,000 square feet.
[Amended 12-11-2006 by Ord. No. 247]
(2) 
Gross building area shall not exceed 3,000 square feet.
(3) 
All property lines adjoining residential use or zoning classification shall be screened by Buffer Area B, as defined by § 165-55 of this Chapter.
J. 
Crop farming, greenhouses and nurseries.
(1) 
Storage of manure, odor or dust producing substances shall be located at least 200 feet from any property line.
(2) 
Greenhouse heating plants shall be at least 100 feet from any property line.
K. 
Day-care center.
(1) 
The facility shall be registered with or licensed by the commonwealth, if applicable.
(2) 
In the R-3 and R-4 Zoning Districts, the facility shall be permitted to be located only in a church or school.
(3) 
Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate.
(4) 
Outdoor play areas which adjoin residential lots shall be screened by Buffer Area C, as defined by § 165-55 of this Chapter.
(5) 
The general safety of the property proposed for a day-care center, nursery school or preschool facility shall meet the needs of small children.
L. 
Drive-through facility. All businesses which propose drive-through facilities, as defined by this Chapter, as accessory uses or principal uses shall meet all of the following requirements:
(1) 
The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this Chapter.
(2) 
In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in one lane, with a total length of 100 feet, in direct line with each window or stall shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets, or berms.
(3) 
Entrances, exits and standing spaces shall be adequately indicated with pavements markings and/or directional signs.
(4) 
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
M. 
Dwelling in combination.
(1) 
Dwelling units shall not be located on street floor of any commercial building.
(2) 
Dwelling units shall have a minimum habitable floor area of 800 square feet.
(3) 
Dwelling units in basements or accessory garages shall not be permitted.
(4) 
Each dwelling unit shall have a separate entrance which does not require passing through any area devoted to office or retail use.
N. 
Family day care.
(1) 
A family day-care facility shall be accessory to a single-family dwelling.
(2) 
An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate. Such play area shall be screened from adjoining residential properties by a minimum four-foot high compact, dense evergreen hedge or opaque fence.
(3) 
Outdoor play areas shall have a minimum area of 600 square feet.
(4) 
A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.
(5) 
The family day-care home shall be licensed by, or approved by, the commonwealth, as required by the laws of the commonwealth, and continued compliance with the license or approval and all applicable laws of the commonwealth shall be maintained throughout the operation of the family day care home.
(6) 
All applicable criteria of § 165-31A governing home occupations shall be met.
O. 
Financial establishment.
(1) 
Banks or financial institutions with drive-through facilities shall comply with the requirements of § 165-26L.
P. 
Gasoline service station.
(1) 
All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.
(2) 
All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building.
(3) 
All vehicles awaiting repair shall be stored on the lot in an approved storage area and, in no case, shall said vehicles be stored on or obstruct access to a public right-of-way.
(4) 
Gasoline pumps shall be located at least 25 feet from the edge of the right-of-way of a public street.
(5) 
All fuel, oil and similar substances shall be stored at least 25 feet from any property line.
(6) 
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this Chapter and shall be subject to the enforcement provisions of § 165-182 of this Chapter.
(7) 
Buffer Area B, as defined by § 165-55 of this Chapter, shall be provided along all property lines adjoining residential use or residential zoning classification.
Q. 
Private club.
(1) 
Any establishment which includes a restaurant or tavern shall be subject to the off-street parking requirements of Article V for the portion of the building devoted to the restaurant or tavern use, in addition to the parking required for the private club.
(2) 
Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.
(3) 
Activities on the site and within the building shall comply with the noise standards specified in § 165-61, Noise, of this Chapter.
(4) 
All property lines adjoining residential use or zoning classification shall be screened by Buffer Area A, as defined by § 165-55 of this Chapter.
R. 
Hospital, clinic or nursing home.
(1) 
The minimum lot area required for a hospital shall be five acres. The minimum lot area required for a clinic or nursing home shall be one acre.
(2) 
The property shall be served by public water and public sewers.
(3) 
All hospitals and nursing homes shall be licensed by the commonwealth.
(4) 
Water pressure and volume shall be adequate for fire protection.
(5) 
Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.
(6) 
The parking and circulation plan shall be referred to the Borough Police Department and Volunteer Fire Company for comments regarding traffic safety and emergency access.
(7) 
Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.
(8) 
All property lines adjoining residential use or zoning classification shall be screened by Buffer Area B, as defined by § 165-55 of this Chapter.
(9) 
A private use helipad for air ambulances shall be permitted as part of a hospital, provided all of the following criteria are met:
(a) 
Helipads shall be located at least 250 feet from any property line or public street.
(b) 
Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.
(c) 
Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation Bureau of Aviation shall be submitted.
(d) 
The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private use helipad.
(e) 
The helicopter landing pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.
(f) 
An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.
(g) 
Lighting shall be shielded away from adjacent properties and streets.
(10) 
Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the United States Environmental Protection Agency (EPA).
S. 
Group care facility, personal care boarding home or transitional dwelling.
(1) 
The minimum area and bulk regulations for a group care facility, personal care boarding home or transitional dwelling shall be the same as those required for a principal use in the district in which the facility is located.
(2) 
In the R-3 or R-4 District, a group care facility or personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this Chapter.
(3) 
No group care facility, personal care boarding home or transitional dwelling shall be located within 1,000 feet of another existing or proposed group care facility, personal care boarding home or transitional dwelling.
(4) 
Adequate provisions shall be made for access for emergency medical and fire-fighting vehicles.
(5) 
Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
(6) 
Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a fence with self-latching gate.
(7) 
Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
T. 
Industrial park.
(1) 
Industrial parks shall have a minimum site area of 10 acres.
(2) 
Total lot coverage may not exceed 35% of the total lot area.
(3) 
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit.
(4) 
All property lines adjoining residential use or zoning classification shall be screened by Buffer Area C, as defined by § 165-55 of this Chapter.
U. 
Manufacturing.
(1) 
All materials and equipment shall be stored within a completely enclosed building.
(2) 
The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the United States Environmental Protection Agency (EPA).
(3) 
Adequate public utilities shall be available to meet the requirements of the proposed manufacturing processes.
(4) 
Adjacent public streets shall be adequate to accommodate the traffic volumes and weight limits associated with truck traffic to and from the site.
(5) 
A retail store may be located within the primary building, provided it only sells products that have been manufactured on site and that it is clearly an ancillary use to the manufacturing. All other requirements associated with retail stores must be met in addition to manufacturing requirements.
[Added 12-11-2006 by Ord. No. 247]
V. 
Mineral removal.
(1) 
Removal of minerals encountered during the routine grading of a site for the purposes of an approved land development or for the construction of public improvements shall be excluded froth these regulations and the requirement to obtain approval of a conditional use application, provided evidence is presented to the Borough that all applicable requirements of the Pennsylvania Department of Environmental Protection (DEP) are met.
(2) 
There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).
(3) 
Mineral removal shall be prohibited in watersheds or rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a "wilderness trout stream," by the Pennsylvania Department of Environmental Protection as part of the Scenic Rivers System: or designated under the Federal Wild and Scenic Rivers Act.
(4) 
No mineral removal shall be conducted within 300 feet of any public building, school, church, community or institutional building, commercial building, public park or private recreational area.
(5) 
No mineral removal shall be conducted within 100 feet of the outside right of way line of any public street, except where access roads or haulage roads join the right-of-way line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.
(6) 
No mineral removal shall be conducted which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.
(7) 
No mineral removal shall be conducted within 100 feet of a cemetery.
(8) 
No mineral removal shall be conducted within 300 feet of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for zoning approval.
(9) 
The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:
(a) 
Lawful existing or permitted use of adjacent properties.
(b) 
The quality or adequacy of any public or private water supply source.
(c) 
Any flood-prone or landslide-prone areas within the Borough.
(10) 
The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent structures or shall not substantially diminish underground water resources.
(11) 
If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Borough and whose fee is paid by the applicant.
(12) 
The applicant shall provide reclamation plans for the site that demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.
(13) 
The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on state, county and Borough roads and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Borough.
(14) 
The operator shall post a bond in favor of the Borough and in a form acceptable to the Borough prior to beginning operations to guarantee restoration of Borough streets which may be damaged during the mineral removal operations.
(15) 
Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.
(16) 
The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and federal permits, including proof of insurability, before initiating any work and shall maintain the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this Chapter.
(17) 
Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within six months of the date of approval of the conditional use application by the Borough Council, unless the applicant submits a written request for an extension prior to the expiration of the six months after the date of approval.
(18) 
Once work is initiated under an approved application for conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Borough Council. An application for renewal of zoning approval shall be submitted prior to the expiration of zoning approval and shall be approved by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the conditional use and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation.
(19) 
During the mineral removal operation, the Borough Engineer may inspect the site at the request of the Borough Council to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Borough Engineer shall be borne by the operator.
W. 
Mobile home park.
(1) 
All provisions of Chapter 149, Subdivision and Land Development, regulating land development and subdivision shall be met.
(2) 
The minimum lot size for a mobile home park shall be 10 acres.
(3) 
The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be 10.
(4) 
The minimum lot size per dwelling unit is 4,000 square feet per dwelling unit.
(5) 
Public sewage and water shall be available to each mobile home.
(6) 
Each mobile home shall be situated on a concrete slab and provided with all the required tie-downs and shall be tied down in accordance with manufacture's specifications.
X. 
Public or private parking lot or parking garage.
(1) 
All public or private parking lots or parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this Chapter.
(2) 
All public or private parking lots or parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking structure.
(3) 
The design of any parking garage proposed to be located on property which adjoins a residential zoning district shall take into account the height, visual, light and air impacts on adjoining residences and shall utilize architectural materials for the exterior walls facing those residential areas which are compatible with the residential character of adjoining properties.
(4) 
Any parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.
Y. 
Public solid waste disposal site.
(1) 
The minimum site required shall be 100 acres.
(2) 
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this Chapter.
(3) 
The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public street.
(4) 
A tire washing station shall be located on the site to service trucks exiting the facility.
(5) 
Prior to beginning operations, the operator shall post a bond in favor of the Borough and in a form acceptable to the Borough Solicitor in the amount of $100,000 for each mile of Borough road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road.
(6) 
Any failure to complete the reconstruction required by this Chapter shall result in forfeiture of the required bond. Those portions of the Borough roads which have been damaged shall be determined by inspection of the Borough Engineer and shall be reconstructed to current Borough specifications for street construction.
(7) 
Landfill operations shall not be conducted within 200 feet of any property lines adjoining residential use or zoning district classification.
(8) 
All property lines adjoining residential use or zoning district classification shall be screened by Buffer Area A, as defined by § 165-55 of this Chapter.
(9) 
Fencing at least six feet in height shall be provided around any work area for security and to control windblown refuse.
(10) 
The applicant shall show compliance with all applicable federal and state laws regulating landfills.
(11) 
The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PA DEP) and/or the United States Environmental Protection Agency (EPA) prior to initiating any operation.
(12) 
The required federal or state permits shall be maintained throughout the duration of all operations.
(13) 
Any suspension or revocation of the required state or federal permits shall constitute a violation of this Chapter and shall result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this Chapter, or both.
(14) 
In January of each year, the operator shall apply to the Zoning Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and the required state or federal permits.
Z. 
Public utility building and storage yard.
(1) 
The minimum lot area required shall be 20,000 square feet.
(2) 
Maintenance vehicles shall be stored within a completely enclosed building.
(3) 
Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six-foot fence with locking gate and is screened by 100% opaque screening material placed in the fencing or by a six-foot dense, compact evergreen hedge.
(4) 
Any area of the building which is used for business offices shall comply with the parking requirements of Article V of this Chapter for that use. Any area of the building which is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.
AA. 
School, public or private.
(1) 
The minimum lot area required for a post secondary school shall be 10 acres.
(2) 
If the school includes dormitories, the dormitories shall be screened along any property line adjoining single family use or zoning classification by Buffer Area C, as defined by § 165-55 of this Chapter.
(3) 
All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment.
(4) 
All outside storage shall be screened from public view from streets and adjoining properties by a hedge or opaque fence.
[Amended 6-14-2021 by Ord. No. 306]
(5) 
The proposed use shall have direct access to a state or county road with sufficient capacity to accommodate the traffic generated by the proposed use.
(6) 
Facilities and equipment for the maintenance of school grounds and school equipment shall be limited to those facilities and equipment directed related to the site. Maintenance facilities such as school bus garages, housekeeping and building maintenance facilities and equipment used for maintaining other off-site facilities and equipment shall be prohibited.
BB. 
Self-storage facility.
(1) 
The minimum site area required shall be two acres.
(2) 
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this Chapter.
(3) 
Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.
(4) 
All interior driveways shall be paved with an asphalt or similar surface sufficient for the loads the driveways are expected to bear.
(5) 
Parking shall be provided in accordance with the following:
(a) 
Two spaces for manager's quarters, if any;
(b) 
One space for each 25 storage units, which spaces shall be located near the manager's quarters or office to be used by prospective customers;
(c) 
One space for each 10 storage units equally distributed throughout the storage area to be used by the customers.
(6) 
Buffer Area A shall be provided in accordance with the requirements of § 165-55 of this Chapter along all property lines which adjoin residential use or zoning classification.
(7) 
The perimeter of the site shall be fenced with a minimum eight-foot high chain link fence with self-latching gate. If an outside storage area is proposed, the fence around the outside storage area shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.
(8) 
Maximum building height shall be 20 feet.
(9) 
The maximum length of any storage building shall be 200 feet.
(10) 
The minimum distance between storage buildings shall be 20 feet.
(11) 
Maximum lot coverage by all buildings shall be 40%.
(12) 
Office space may be provided which shall not exceed 5% of the total area devoted to storage.
(13) 
Storage units shall not be equipped with water or sanitary sewer service.
(14) 
No business activity other than rental of storage units shall be conducted on the premises.
(15) 
Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris or dust shall not be created.
(16) 
Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.
(17) 
No sign shall be placed on the buildings or on their rooftops.
(18) 
Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings.
(19) 
A minimum of one fire hydrant shall be provided on the site, subject to approval by the Borough. The facility shall comply with the Borough Fire Code.[2]
[2]
Editor's Note: See Ch. 99, Fire Prevention.
CC. 
Sexually oriented business.
(1) 
Sexually oriented businesses shall not be permitted in any zoning district other than the M-3 District.
(2) 
A sexually oriented business shall not be located within 1,000 feet of a church; public or private pre-elementary, elementary or secondary school; public library; day-care center or nursery school; or public park adjacent to any residential district measured in a straight line from the nearest portion of the building or structure containing the sexually oriented business to the nearest property line of the premises of any of the above listed uses.
(3) 
A sexually oriented business shall not be located within 5,000 feet of any other sexually oriented business measured in a straight line from the closest exterior wall of the building or structure in which each sexually oriented business is located.
(4) 
No more than one sexually oriented business shall be located in the same building, structure or portion thereof, nor shall any sexually oriented business increase its floor area into any building, structure or portion thereof containing another sexually oriented business.
(5) 
A sexually oriented business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit of a church, public or private pre-elementary, elementary or secondary school, public library, day-care center or nursery school or public park within 1,000 feet. This provision applies only to the renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.
(6) 
Any sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space a film or videocassette or other video or image production or reproduction which depicts nudity or sexual conduct, as defined herein, shall comply with the following:
(a) 
At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.
(b) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.
(c) 
It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated in the application submitted to the Borough as an area in which patrons will not be permitted.
(d) 
No viewing room shall be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.
(e) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.
(f) 
If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area, and the viewing area shall not be accessible to the performers, nor shall the performers have easy access to the viewers present.
(g) 
Liquor or intoxicating beverages shall not be sold on the premises for which the permit is sought.
(h) 
The applicant shall agree to renew the certificate of occupancy annually in accordance with the provisions contained in § 165-177 of this Chapter.
DD. 
Shopping center.
(1) 
The minimum site required shall be five acres.
(2) 
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this Chapter.
(3) 
Once the improvements are completed in an approved shopping center, lots within the approved and recorded shopping center may be sold and developed as independent entities for any authorized use in the district.
(4) 
Only uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the shopping center is located shall be permitted in the shopping center.
(5) 
Buffer Area A shall be provided along all property lines which adjoin any residential district.
(6) 
The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements shall be dedicated for common access, where necessary.
(7) 
The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.
EE. 
Temporary uses and structures related to construction.
(1) 
Temporary construction staging areas, material supply areas, refuse dumpsters, trailers, and other construction-related temporary uses or structures shall be permitted only while construction work is in progress under a valid building permit or under Borough approval of public improvements. Upon expiration of the building permit, all temporary uses or structures shall be removed.
[Amended 8-9-2010 by Ord. No. 260]
(2) 
An occupancy permit for the temporary use or structure shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every six months.
(3) 
Material and equipment shall be stored no closer than 25 feet from any property line.
(4) 
Material and equipment shall be stored in a safe orderly manner and shall be enclosed by fencing a minimum of four feet high.
FF. 
Temporary uses or structures other than construction related.
(1) 
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining zoning approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this subsection as a condition of issuing a certificate of occupancy.
(2) 
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 72 consecutive hours shall not be subject to the provisions of this subsection. Any such activity which exceeds 72 consecutive hours in duration shall be subject to approval under this subsection.
(3) 
A transient merchant license as required by Borough Ordinance shall be obtained.
(4) 
In any zoning districts, preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:
(a) 
The preparation and serving of food which is part of a special event that does not exceed 72 consecutive hours in duration shall be exempt from the requirement to obtain approval of a use by special exception under this subsection; however, an occupancy permit shall be obtained from the Borough Zoning Officer.
(b) 
Evidence of an approved permit from the PA DEP or its successor agency.
(c) 
The preparation and serving of food shall not be permitted on any vacant lot and shall only be permitted on the site of an existing business.
(d) 
The area used for preparing and serving the food shall not obstruct any sidewalk or public right-of-way nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk, there shall be maintained a minimum of five feet unobstructed width for the passage of pedestrians and, in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.
(e) 
No noise or odor shall emanate from such outdoor area where food is prepared and/or served which adversely affects any adjoining residentially zoned property within 300 feet of the outdoor area.
(f) 
The area used for preparing and serving food shall not eliminate the availability of any existing parking spaces on the site.
(g) 
The activity shall comply with all applicable requirements of the Borough Fire Code.[3]
[3]
Editor's Note: See Ch. 99, Fire Prevention.
(h) 
The site intended to be used for the preparation and/or serving of food shall provide restroom facilities available to the public unless the existing business on the site has restroom facilities which will be available to the public visiting the temporary use.
(i) 
The owner of the existing business or the operator of the temporary use involving the preparation and/or serving of food in an outdoor setting shall provide the Borough with a certificate of insurance, in an amount at least equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying the Borough against any liability resulting from such use.
(5) 
Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided all conditions of the original approval are maintained.
(6) 
All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.
(7) 
All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of Article V for the proposed use.
(8) 
Vehicular access for all temporary uses or structures which are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.
(9) 
All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located. All temporary uses or structures which are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.
(10) 
Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event.
(11) 
Temporary uses or structures which are proposed as principal uses or structures and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.
GG. 
Truck rental, sales and service.
(1) 
New and used vehicle sales and service establishments shall be limited to those establishments which are factory authorized dealerships or which have obtained a license from the Commonwealth of Pennsylvania to operate a used car dealership.
(2) 
The minimum lot area required shall be one acre.
(3) 
The property shall have frontage on and direct vehicular access to an arterial or collector street.
(4) 
The area used for display of merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of equivalent or superior character as approved by the Borough Engineer.
(5) 
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this Chapter and shall be subject to the enforcement provisions of § 165-182 of this Chapter.
(6) 
All lots used for the outdoor display of vehicles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repair, servicing, sales and customer car washing shall be performed.
(7) 
No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.
(8) 
No vehicle shall be displayed or offered for sale which does not have a current registration and inspection sticker and all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.
(9) 
All lights and light poles shall be located at least 10 feet from any street right-of-way or property line, and all lighting shall be shielded and reflected away from adjacent streets and properties.
(10) 
No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot or on any merchandise displayed outdoors.
(11) 
All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.
(12) 
Customer vehicles with external damage awaiting repairs shall be located either inside a building or in an outdoor area which is screened by a six-foot dense, compact evergreen hedge or opaque fence.
(13) 
Buffer Area B, as defined by § 165-55 of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.
HH. 
Vehicle repair, vehicle accessory sales and installation.
(1) 
All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.
(2) 
All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence.
(3) 
All vehicles awaiting repair shall be stored on the lot in an approved storage area and, in no case, shall said vehicles be stored on or obstruct access to a public right-of-way.
(4) 
Gasoline pumps shall be located at least 30 feet from the edge of the right-of-way of a public street.
(5) 
All fuel, oil and similar substances shall be stored at least 25 feet from any property line.
(6) 
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this Chapter and shall be subject to the enforcement provisions of Article XII of this Chapter.
(7) 
Buffer Area B, as defined by § 165-55 of this Chapter, shall be provided along all property lines adjoining residential use or zoning classification.
II. 
Vehicle salvage yard or junkyard.
(1) 
The minimum site required shall be 20 acres.
(2) 
The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.
(3) 
No garbage, hazardous materials or hazardous waste as defined by federal statute or other organic waste shall be stored on the premises.
(4) 
The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this Chapter and shall be subject to the enforcement provisions of Article XII of this Chapter.
(5) 
The manner of storage of junk or other materials or equipment on the site shall facilitate access for firefighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.
(6) 
The salvage yard operation shall comply with the performance standards of Article IV of this Chapter.
(7) 
No junk shall be stored or accumulated and no structure shall be located within 100 feet of any dwelling or within 40 feet of any property line or public street.
(8) 
The premises shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subsection II(10) below.
(9) 
The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.
(10) 
Buffer Area A, as defined by § 165-55 of this Chapter, shall be provided along all property lines adjoining residential use or zoning classification.
(11) 
The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets.
(12) 
The operator shall obtain a license from the Borough prior to initiating operations which shall be renewable annually upon payment of the required license fee established from time to time by resolution of the Borough Council and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.
JJ. 
Veterinary services and kennels.
(1) 
The minimum lot area required for a veterinary services shall be 20,000 square feet. The minimum lot area for a veterinary services without an outdoor kennel or outdoor runs shall be one acre.
(2) 
All outdoor kennels or runs shall be constructed for easy cleaning and shall be adequately secured by a fence with self-latching gate.
(3) 
Outdoor kennels shall be located at least 200 feet from any property line adjoining residential use or zoning classification and at least 50 feet from any other property line.
(4) 
Overnight boarding of animals, other than for medical supervision, shall be permitted if the animals are housed overnight within a completely enclosed building.
(5) 
Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this Chapter and shall be subject to the enforcement provisions of § 165-182 of this Chapter.
(6) 
Odors shall be controlled so as to comply with the performance standards of § 165-56 of this Chapter.
KK. 
Warehousing, wholesale and truck terminals.
(1) 
The minimum site size for a warehouse shall be one acre.
(2) 
A warehouse may not be divided into individual spaces less than 1,000 square feet.
(3) 
Outdoor storage shall be screened by Buffer Area A, as described in § 165-55E.
(4) 
Parking of trucks must comply with the front, side and rear yard requirements of the district in which the use is located and be screened by Buffer Area A, as described in § 165-55E.
LL. 
Retail store.
[Added 2-12-2018 by Ord. No. 294]
(1) 
All sales, displays and services shall be conducted within a completely enclosed building, except as may be permitted by special approval of the Borough Council.
(2) 
A site within the M1 District shall have frontage on and provide direct vehicular access to Big Sewickley Creek Road.
(3) 
The applicant must set forth the hours of operations in the application.
(4) 
Public water and public sewer service must be available and used.
(5) 
Parking shall be provided at a rate of one parking space for each 250 square feet of gross building area.
(6) 
No outdoor loudspeakers are permitted.
(7) 
Retail stores with a drive-through:
(a) 
Any retail store which includes a drive-through facility shall provide a minimum of five queuing spaces in tandem with a minimum total length of 100 feet in direct line with each window or stall for vehicles to wait in line.
(b) 
The queuing spaces shall be located so as to not interfere with the use of any parking spaces or the free flow of traffic on the site and shall be adequately striped and indicated with directional signs.
(8) 
Outdoor refuse areas shall be screened with solid fences of wood or masonry (plain concrete block shall not be used). Height of screening shall not exceed eight feet. All refuse containers shall remain closed while awaiting collection.
(9) 
No loading/unloading or refuse collection shall occur between 8:00 p.m. and 7:00 a.m.
(10) 
Overall site lighting levels shall be reduced by at least 1/2 of their normal lighting levels during hours the retail store is not open for business.
[Amended 3-13-2022 by Ord. No. 313]
(11) 
The applicant must provide a landscape plan that also includes buffer areas, as described in § 165-55. Buffer Area A shall be required along all side and rear property lines. Buffer Area C shall be required along all front property lines.
MM. 
Energy source operations.
[Added 11-12-2018 by Ord. No. 295]
(1) 
Permit required. It shall be unlawful for any person to conduct any exploration activities within the Borough regarding oil, gas, and/or other materials by the use of energy source operations, including without limitation weight drops, explosives, and/or vibrating machines, thumper trucks or any other vehicles or equipment that causes vibrations, without first obtaining a permit therefor from the Borough.
(2) 
Permit application; fee procedure. Application for a permit hereunder shall be made with the Bell Acres Borough Zoning Officer.
(a) 
Such application shall contain the following information:
[1] 
Name of the applicant;
[2] 
Address of the applicant;
[3] 
Type of explosives or other geophysical methods of mineral exploration to be used, and the purposes therefor;
[4] 
A map designating a testing area and showing the location of all points of use and the energy source to be used at each point;
[5] 
A traffic control plan for any operations or testing that will impede traffic on a public right-of-way;
[6] 
The applicant's insurance information, including the name of applicant's insurance carrier, the types and amount of insurance covering its proposed operations, the name and telephone number of an individual to contact in case of a claim for personal injury or property damage, and the procedure for obtaining a copy of applicant's certificate of insurance; and
[7] 
Proof of the right or license to handle explosives in the Commonwealth of Pennsylvania.
(b) 
A nonrefundable permit fee of $500 for processing the application and preparing the permit shall accompany each such application. An escrow of $5,000 shall be included with the application to pay for the Borough staff time to process the application and to cover the expense of the third-party consultant as required by § 165-26MM(4)(d). In the event that costs relating to the application exceed $5,000, the applicant shall be responsible for those costs.
(c) 
On receipt of such application, the Zoning Officer or his designee shall prepare a report showing all Borough facilities or infrastructure that may be negatively affected by the proposed exploration activity located in the testing area shown in such application. Such report and the application shall require review and approval by the Borough Council in accordance with the conditional use review procedures outlined in Article X, Conditional Uses, of this Chapter 165. No permit shall be issued except upon approval of the Borough Council.
(3) 
Term of permit. The term of a permit issued under this subsection shall be for one year beginning on the date of approval of the permit by the Borough Council, and all energy source operations shall be completed within said term. The applicant shall notify the Zoning Officer or his/her designee a minimum of three business days in advance of the actual commencement of energy source operations. Once operations have commenced, in the event applicant is rendered unable, wholly or in part, by circumstances beyond the applicant's control, to complete operations within the remaining term of the permit, then the time for completion may be extended, at the sole discretion of the Zoning Officer or his designee, for a period of time not to exceed six months, upon written request by the applicant setting forth full particulars of the circumstances causing the delay which were not within the control of the applicant and which the applicant could not have avoided by the exercise of due diligence and care.
(4) 
Operations in general.
(a) 
The use of explosives will only be permitted upon conditional use approval by the Borough when the applicant can prove that no other means of geophysical exploration are possible, and will be subject to the conditions below in addition to all other conditions contained in § 165-26MM:
[1] 
The health, safety, and general welfare of residents of the Borough will not be negatively affected by the use of explosives.
[2] 
Waterways within the Borough will not be negatively affected by the use of explosives.
[3] 
The operator will comply with the energy level restrictions of § 165-26MM(6).
[4] 
The operator shall provide written proof of approval from all landowner(s) upon whose property the testing will be initiated and all landowner(s) whose property's geologic profile will be captured.
[5] 
The operator shall provide to the Borough as part of the conditional use review procedures outlined in Article X, Conditional Uses, of this Chapter 165 a risk assessment report prepared by a professional expert in the field acceptable to the Borough that identifies the potential hazards stemming from the use of explosives at the proposed site of the use and determines the quantitative and qualitative risk associated with the identified hazards. The quantitative risk assessment shall include calculations of two components of risk (R), the magnitude of the potential loss (L), and the probability (P) that the loss will occur. The report shall include a public health risk assessment including potential impacts to public and private water supplies. This assessment is the process of characterizing the nature and likelihood of harmful effects to individuals or populations within one-half linear mile in all directions from the site of the use of the explosives. Ten bound hard copies and one PDF of the report shall be delivered to the Zoning Officer as part of the conditional use review procedures outlined in Article X, Conditional Uses, of this Chapter 165.
[6] 
The operator shall provide to the Borough, as part of the conditional use review procedures outlined in Article X, Conditional Uses, of this Chapter 165, a geological study prepared by a professional expert in the field acceptable to the Borough for the area which the use of explosives will affect. The study shall include an analysis of the existing geological formations under and surrounding the testing area within one-half linear mile in all directions from the site of the use of explosives, and shall also include whether any existing or abandoned and/or unplugged oil and gas wells, private water sources, and mines exist within the affected area and whether those mines have sufficient overburden to withstand the use of explosives. This report shall contain the name, address and credentials of the author, cite all sources of referenced studies, data, and background tests that were conducted, and the conclusions and recommendations of the professional preparing the report regarding the potential geological impact of the use of explosives. Ten bound hard copies and one PDF of the report shall be delivered to the Zoning Officer as part of the conditional use review procedures outlined in Article X, Conditional Uses, of this Chapter 165.
[7] 
Explosives shall be transported in constantly attended Type 3 magazines as defined by Section 1902.4.7 of the 1994 Standard Fire Prevention Code. All vehicles transporting explosives will be placarded according to Regulation of Hazardous Materials 49 CFR. Only the necessary amount of explosives for each day's operations, during such period as the permit is in effect, shall be transported within the Borough at any given time. No explosives shall be stored within the corporate Borough limits, unless approved by the Borough's Fire Chief. If such storage is approved, explosives must be stored in a locked and secure, constantly attended Type 2 magazine, as defined by Section 1902.4.6 of the 1994 Standard Fire Prevention Code, at a single, isolated, and sparsely populated location.
(b) 
All geophysical operations shall be limited to the area approved by the Borough Council and depicted on the map submitted with the application designating the testing area. Such map is to be kept in both the Zoning Officer's office and the Borough Manager's office, and a copy of such map shall be attached to any permit issued by the Borough.
(c) 
If, during the course of operations, any utilities, as defined in § 165-5C, must be relocated to maintain compliance with the terms and conditions set forth herein or to ensure the safety of the general population, the applicant shall notify the Zoning Officer, or his/her designee, at least 10 business days prior to embarking on such relocation, which shall be performed in compliance with Borough standards.
(d) 
With the use of the escrow fund required in § 165-26MM(2), the Borough shall employ an engineer specializing in seismology, who shall be on the job site during the entire period of testing to monitor operations and prevent and mitigate any potential damage to public or private property. The applicant shall designate a point of contact who will respond within 24 hours to any request from the Zoning Officer or his/her designee for additional information regarding the applicant's testing operations.
(e) 
The applicant shall obtain and include in the application written permission, as required by law, from all landowners before imaging their geological profile, and entering upon or crossing their property.
(f) 
The applicant shall be responsible for and shall settle all reasonable and legitimate claims, demands, and causes of actions relating to property or persons arising out of or as a result of the applicant's operations under this permit and shall handle all such claims in an expedient manner.
(5) 
Notice required.
(a) 
The applicant shall notify all landowners, in writing by certified U.S. Mail or through personal delivery at the property, who are located within its designated and approved testing area and within 250 feet in all directions from the boundaries of the testing area, a minimum of 10 business days prior to the conducting of any test. Said notice will include the anticipated start date of energy source operations and the energy source planned to be used. The applicant will offer to provide and will provide if requested, to such landowner, in writing, the insurance information required by § 165-26MM(10) to be included in its application.
(b) 
The applicant shall notify all landowners of property, in writing by certified U.S. Mail or personal delivery at the property, who are located within 400 feet of charge tests or 200 feet of vibroseis or weight drop tests, a minimum of 30 business days prior to the conducting of any test, of the availability at no cost to the landowner of pre- and post-test inspections of all structures located on or under said property, including appropriate testing and lab tests for water sources. The applicant shall perform the offered inspections if requested by the landowner prior to commencing operations and after operations are complete. The applicant shall provide landowners with all results and maintain records of such inspections for a period of two years from the date the operations are complete and shall make such records available through written copies upon request by landowners and the Borough.
(c) 
The applicant shall place newspaper advertisements in the newspaper of record in the Borough of not less than three inches by four inches explaining the work to be performed, the location of the proposed work, and a toll-free telephone number where residents may call for more information. Said advertisements shall be placed continuously during the two-week period immediately before the permit application is scheduled to be considered by the Borough Council, and again during the two-week period immediately before actual operations commence in the testing area. The toll-free telephone number provided by the applicant shall be answered during hours of operation as set forth in § 165-26MM(7) while work is ongoing in the Borough, and an answering machine shall be installed to receive after-hour calls.
(6) 
Energy level restrictions.
(a) 
The applicant shall engineer all source locations (explosive charge size and depth, and vibrator source sweep frequency and drive levels or other geophysical sources) so that no structure, subject to limitations contained in § 165-26MM(6)(b) herein, shall be subject to any peak particle velocity greater than 0.6 inch per second. The applicant shall conduct all the necessary engineering tests on property located within a one-half-mile radius in all directions from the Borough that contains soils similar to that at the planned locations of the geophysical operations, and shall provide all reports to the Borough in an appropriate format for evaluation at the time of application by a professional engineer or geologist registered in the Commonwealth of Pennsylvania.
(b) 
No energy source operation shall subject any building intended for human habitation, utilities (as defined in § 165-5C), water source, waterline, sewer line, gas line or underground hazardous waste storage/disposal site to a peak particle velocity greater than 0.5 inch per second.
(c) 
Using industry standard equipment and techniques, the engineer required in § 165-26MM(4)(d) shall monitor and record, during operations, all pertinent locations to ensure compliance with the maximum peak particle velocity established by § 165-26MM(6)(a) and (b). If peak particle velocity for any test exceeds said maximum, the engineer shall notify the Zoning Officer and cease all operations until corrections are made. The applicant shall maintain all documentation of monitoring activities for a period of at least two years and make said documentation available upon request for inspection by the Borough.
(d) 
The applicant shall obtain location maps for all water sources, underground hazardous waste storage/disposal sites, and water, sewer, oil, gas and chemical pipelines located in the testing area and conduct all energy source operations in a manner so as to not damage, interrupt, or otherwise interfere with said structures. Information obtained by the applicant shall be used by the surveying teams and operations manager to ensure compliance with the terms and conditions of this permit and that safe operating distances are maintained. If requested by the applicant, the Borough shall make available for inspection and copying, maps, if any, prepared by or on behalf of the Borough that indicate subsurface structures or facilities; provided, however, that the applicant's reliance on any information furnished by the Borough, its agents, representatives, and employees, whether written or verbal, shall be at the sole risk of the applicant and the following disclaimer shall be placed on and shall apply to any and all such information:
APPLICANT ACKNOWLEDGES THAT THE BOROUGH HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF INFORMATION REGARDING SUBSURFACE STRUCTURES AND FACILITIES FURNISHED TO APPLICANT AND MAKES NO REPRESENTATION OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. APPLICANT EXPRESSLY ACKNOWLEDGES THAT THE BOROUGH MAKES NO WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE OF SUCH SUBSURFACE INFORMATION.
(e) 
All Borough-owned structures, including but not limited to susceptible underground utilities, as defined in § 165-5C, shall have pre- and post-testing inspections paid for by the applicant if subjected to a peak particle velocity greater than 0.35 inch per second. The Borough shall have the option of receiving reimbursement of its actual cost of performing said inspections or having the inspections done by a third-party firm hired by the applicant. Any reimbursement requested by the Borough shall be covered by the escrow funds required in § 165-26MM(2).
(7) 
Hours of operation. Energy source testing may be conducted from 8:00 a.m. until the earlier of sunset or 5:00 p.m. local time, on Mondays through Fridays. Testing shall not be permitted on Saturday and Sunday.
(8) 
Lands, streets, rights-of-way, and easements.
(a) 
The applicant shall restore, at its own cost, any lands or rights-of-way used in the Borough for its operations to the original condition just prior to the testing operations, free of damage, including ruts or any injury to landscaping.
(b) 
The applicant shall ensure that its operations will not interfere with the free and safe flow of traffic. When operations are immediately adjacent to the pavement, all equipment shall be parked and/or operated in one lane of traffic.
(c) 
The applicant shall notify the Zoning Officer of any equipment to be operated on Borough streets that will exceed the maximum load limit of 20,000 pounds and obtain any special permitting required. Written proof that the operator has permission to use county and state roads shall be provided in the application.
(d) 
Cables placed on the pavement within rights-of-way must be arranged so they do not create a hazardous condition or rumble strip effect. All cables must be securely anchored to the roadway with materials that will not damage and/or puncture the pavement. Nails, spikes, and similar materials used for anchors shall not be placed inside the pavement edge. Where any physical equipment such as cables, geophones, etc., is proposed, written proof of each private landowners' permission to use the public and utility right-of-way for a nonpublic use or utility shall be included in the application.
(e) 
Each testing crew performing work that impedes the flow of traffic, such as testing on Borough streets or rights-of-way, shall be accompanied by a certified peace officer provided by the applicant. The applicant shall furnish at its cost adequate signs, barricades, flares, flagmen, etc., as necessary, to protect the traveling public.
(9) 
Testing.
(a) 
The applicant shall furnish to the Borough's Zoning Officer, or designee, a schedule of each week's test plans. If thumper trucks are utilized on Borough roads, which will require permission of the Borough, the Borough Engineer shall inspect the road before and after testing. Applicant shall pay any and all costs incurred by the Borough as a result of these inspections.
(b) 
All vibroseis or weight drop operations shall be conducted a minimum distance of 150 feet from any building, which shall mean a structure built for the support, shelter, or enclosure of persons, chattel, or movable property of any kind and which is affixed to the land. No charge test shall be detonated within 300 feet of any building, underground hazardous waste storage/disposal site, existing or abandoned and/or unplugged oil and gas wells, private water sources, and mines. The applicant will provide multiple monitoring of any charge testing within 600 feet of any occupied building.
(c) 
The applicant shall maintain and make available upon request to the Borough, for a period of two years, the daily log of energy source tests showing date, location, energy source used, drive level, operator, and all other related information including seismic and pre- and post-test survey.
(d) 
The third-party consultant, as required in § 165-26MM(6)(d), shall notify the Borough Manager, or designee, within 24 hours after the occurrence of any violation of these permit requirements.
(10) 
Bond, insurance, and indemnity.
(a) 
The applicant shall provide to the Borough a permit bond in the amount of $250,000 from a surety authorized to do business in the state. The permit bond shall be valid for a period of two years from the date that operations commence. The bond shall provide, but not be limited to, the following condition: there shall be recoverable by the Borough, jointly and severally from the principal and surety any and all damages, loss or costs suffered by the Borough in connection with the applicant's geophysical operations within the Borough. The bond shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled by the surety company until 60 days after receipt by Bell Aces Borough, by registered mail or written notice, of such intent to cancel or not to renew." The rights reserved to the Borough with respect to the bond are in addition to all other rights of the Borough and no action, proceeding or exercise of a right with respect to such bond shall affect any other rights of the Borough. If the Borough receives notice of cancellation, operations must cease immediately upon written notice to operator. Operations shall not commence until the operator restores the bond. The Borough reserves the right to require the operator to reapply for a permit if the bond is not restored within 10 business days.
[Amended 6-10-2019 by Ord. No. 299]
(b) 
Prior to conducting any operations, hereunder, the applicant and/or its contractors shall furnish a certificate of insurance to the Borough which lists the Borough as an "additional insured" with respect to operations conducted within the Borough. The certificate of insurance shall show that minimum coverage for liability coverage including commercial, personal injury and general liability is provided in amounts of not less than $1,000,000 per occurrence/$2,000,000 aggregate and $5,000,000 umbrella/excess liability. The general liability insurance must include coverage for explosion, underground and collapse. The operator shall provide evidence of the same for private landowners located within the designated and approved testing area.
[Amended 6-10-2019 by Ord. No. 299]
(c) 
The applicant shall protect, indemnify, defend and hold the Borough, its officers, employees, agents, and representatives harmless from and against all claims, demands, and causes of action of every kind and character for injury to, or death of, any person or persons, damages, liabilities, losses, and/or expenses, occurring or in any way incident to, arising out of, or in connection with its or its contractors', agents', or representatives' operations under this permit, including attorneys' fees, and any other costs and expenses incurred by the Borough in defending against any such claims, demands, and causes of action. Within 30 days of receipt of same, the applicant shall notify the Borough, in writing, of each claim for injuries to, or death of, persons or damages or losses to property occurring or in any way incident to, arising out of, or in connection with its or its contractors', agents', or representatives' operations conducted under this permit. At the Borough's discretion, the Borough may conduct an independent investigation, monitor, and review the processing of any such claim to ensure that such claim is handled as required herein.
(d) 
Any permit granted hereunder may be revoked upon breach of any term or condition contained herein.
(e) 
Notwithstanding anything contained herein to the contrary, any permit granted hereunder shall not be effective unless and until a copy of the permit, signed by an authorized officer of the applicant, the performance bond, and the certificates of insurance have been filed with the Borough Manager.
NN. 
Medical marijuana dispensary.
[Added 11-12-2018 by Ord. No. 295]
(1) 
A medical marijuana dispensary shall provide a permit issued by the Pennsylvania Department of Health or proof that a permit has been sought and is pending approval, and shall at all times maintain a valid, accurate and up-to-date permit from the Commonwealth of Pennsylvania Department of Health for the operation of the dispensary facility. Should such permit, or renewal thereof, be denied, suspended or revoked at any time, any Borough approval of the dispensary facility shall become void.
(2) 
A medical marijuana dispensary shall at all times operate in compliance with all Pennsylvania Department of Health regulations pertaining to such facilities.
(3) 
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, secure facility located as approved by the Pennsylvania Department of Health. No exterior sales, no outdoor seating or sidewalk displays, and no drive-through, drop-off or pick-up services shall be permitted.
(4) 
A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.
(5) 
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or day-care center.
(6) 
A medical marijuana dispensary may sell medical devices and instruments which are needed to administer medical marijuana under the Medical Marijuana Act.[4]
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(7) 
A medical marijuana dispensary may sell services approved by the Pennsylvania Department of Health related to the use of medical marijuana.
(8) 
A medical marijuana dispensary shall be limited to the hours of operation from 8:00 a.m. to 10:00 p.m.
(9) 
A medical marijuana dispensary shall submit a disposal plan to be reviewed and approved by the Borough. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.
(10) 
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled or otherwise perceived from beyond the lot line for the property where a medical marijuana dispensary is operating.
(11) 
No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.[5]
[5]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(12) 
No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.
(13) 
A medical marijuana dispensary shall submit a security plan to, and obtain approval from, the Borough Engineer and the Borough Code Enforcement Officer. A medical marijuana dispensary shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 603 of the Medical Marijuana Act[6] and as supplemented by regulations promulgated by the Pennsylvania Department of Health pursuant to the Medical Marijuana Act.
[6]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(14) 
A medical marijuana dispensary shall be monitored by a security system 24 hours a day and seven days a week and shall install panic alarms approved by the Chief of Police.
(15) 
A medical marijuana dispensary that will be located in an existing building shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Building Code Official. The floor plan shall identify internal security measures. All medical marijuana products, by-products and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination. A medical marijuana dispensary that will be located in a new building shall include this same information in its application for land development approval.
OO. 
Medical marijuana grower/processor.
[Added 11-12-2018 by Ord. No. 295]
(1) 
A medical marijuana grower/processor shall provide a permit issued by the Pennsylvania Department of Health or proof that a permit has been sought and is pending approval, and shall at all times maintain a valid, accurate and up-to-date permit from the Commonwealth of Pennsylvania Department of Health for the operation of the grower/processor facility. Should such permit, or renewal thereof, be denied, suspended or revoked at any time, any Borough approval of the grower/processor facility shall become void.
(2) 
A medical marijuana grower/processor shall at all times operate in compliance with all Pennsylvania Department of Health regulations pertaining to such facilities.
(3) 
A medical marijuana grower/processor may only grow, store, harvest or process medical marijuana in an indoor, enclosed, secure facility which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health.
(4) 
A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.
(5) 
The property line of any property on which a grower/processor is located shall not be within 1,000 feet in any direction of the property line of any public, private or parochial school or day-care center.
(6) 
A medical marijuana grower/processor shall be limited to the hours of operation from 7:00 a.m. to 5:00 p.m.
(7) 
A medical marijuana grower/processor shall submit a disposal plan to be reviewed and approved by the Borough. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.
(8) 
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled or otherwise perceived from beyond the lot line for the property where a medical marijuana grower/processor is operating.
(9) 
No retail sales of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
(10) 
No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
(11) 
A medical marijuana grower/processor shall submit a security plan to, and obtain approval from, the Borough Engineer and the Borough Code Enforcement Officer. A medical marijuana dispensary shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 603 of the Medical Marijuana Act[7] and as supplemented by regulations promulgated by the Pennsylvania Department of Health pursuant to the Medical Marijuana Act.
[7]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(12) 
A medical marijuana grower/processor shall be monitored by a security system 24 hours a day and seven days a week and shall install panic alarms approved by the Chief of Police.
(13) 
A medical marijuana grower/processor that will be located in an existing building shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination. A medical marijuana grower/processor that will be located in a new building shall include this same information in its application for land development approval.
PP. 
Community clubhouse, private.
[Added 9-13-2021 by Ord. No. 309]
(1) 
The private community clubhouse shall be limited to use by the residents and their invited guests. Rental of the facilities to nonresidents shall not be permitted.
(2) 
The private community clubhouse shall not be operated for profit or used for any commercial purpose.
(3) 
Private community clubhouses shall only be permitted in neighborhoods or developments comprised of at least 25 residential dwelling units.
(4) 
Activities at private community clubhouses will be subject to the noise regulations of Chapter 123 of the Borough's Code of Ordinances.
(5) 
Private community clubhouses that are adjacent to a street or property not in the neighborhood or residential development in which they are located shall have noninvasive plantings consistent with Buffer Area B and shall meet all other bufferyard standards of § 165-55.
(6) 
Lights used to illuminate any part of a private community clubhouse shall be so arranged and shaded as to reflect light away from adjoining premises and public streets.
(7) 
Off-street parking shall meet the standards of Article V, Off-Street Parking and Loading.
QQ. 
Community swimming pools, private.
[Added 9-13-2021 by Ord. No. 309]
(1) 
The private community swimming pool shall be limited to use by the residents and their invited guests. Rental of the facilities to nonresidents shall not be permitted.
(2) 
The private community swimming pool shall not be operated for profit or used for any commercial purpose.
(3) 
Private community swimming pools shall only be permitted in neighborhoods or developments comprised of at least 25 residential dwelling units.
(4) 
Private community swimming pools shall be constructed in accordance with the requirements of the Pennsylvania Uniform Construction Code.
(5) 
Activities at private community swimming pools will be subject to the noise regulations of Chapter 123 of the Code.
(6) 
Private community swimming pools that are adjacent to a street or property not in the neighborhood or residential development in which they are located shall have noninvasive plantings consistent with Buffer Area B and shall meet all other bufferyard standards of § 165-55.
(7) 
Lights used to illuminate any part of a private community swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises and public streets.
(8) 
Fencing for private community swimming pools must conform with the fencing requirements of this chapter.
(9) 
Off-street parking shall meet the standards of Article V, Off-Street Parking and Loading.
(10) 
No private community swimming pool shall be constructed until a building and zoning permit for the same shall have been applied for and issued, the application for which shall be accompanied by plans in duplicate, setting forth the following information and complying with the following requirements:
(a) 
Plot plan;
(b) 
Pool dimensions;
(c) 
Type and size of filter system, filtration and backwash capacities;
(d) 
Pool piping layout with all pipe sizes shown and type of material;
(e) 
The pool pump capacity;
(f) 
Waste disposal system.
RR. 
Data centers.
[Added 3-13-2023 by Ord. No. 320]
(1) 
The minimum lot size for a data center shall be two acres.
(2) 
The lot shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
(3) 
Buffer Area A shall be provided in accordance with the requirements of § 165-55 of this chapter along all property lines which adjoin a residential use or zoning classification.
(4) 
Noise and sound generated from any data center including any and all associated equipment and machinery shall not exceed 60 dBA at the property line of the generating property. The applicant shall demonstrate how all noise limits shall be met, including what noise mitigation materials or techniques will be utilized, to the satisfaction of the Borough Engineer.
(5) 
All equipment and machinery shall be stored within a completely enclosed building.
(6) 
The maximum building height shall be 20 feet.
(7) 
Maximum lot coverage shall be 40%.
(8) 
Office space may be provided which shall not exceed 5% of the total building area.
(9) 
Exterior finishes of the building shall be compatible with the character of development on adjoining properties.
(10) 
No sign shall be placed on the building or on the rooftop.
(11) 
Any area of any building or structure used for ancillary business offices shall comply with the parking requirements of Article V of this chapter for that use. Any area of the building which is used for storage of servers, computers, or other communications equipment and associated maintenance or cooling equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.
[Added 5-9-2011 by Ord. No. 266; amended 6-13-2016 by Ord. No. 285; 9-12-2016 by Ord. No. 288]
A. 
Purpose.
(1) 
The purpose of this section is to repeal and replace § 165-27 of the Borough Code of the Borough of Bell Acres to provide for the surface activities associated with oil and gas development as conditional uses of land within the M3 Zoning District. The aspects of oil and gas development, the well pad and uses accessory thereto, and related operations are industrial uses of land and are appropriate within the M3 Zoning District. Whereas this section provides for the surface location of oil and gas development, it does not regulate subsurface drilling, exploration and production activities, which are not subject to this section.
B. 
Definitions. The following terms, as used throughout this section, shall be interpreted or defined as follows:
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 the normal or existing level of environmental noise at a given location without extreme atmospheric conditions such as wind greater than three meters per second or precipitation and then adjusting the noise level to eliminate any noise associated with the existing oil and gas developments or related operations. The noise level shall be established based on a test performed during a continuous seventy-two-hour time span which shall include at least one twenty-four-hour reading during either a Saturday or Sunday. The testing shall be done by a qualified noise control engineer or other qualified person with industry certification and shall be in accordance with specifications ANSI S12.18-1994 Method II and ANSI S1.4-1971.
BOROUGH
The Borough of Bell Acres, Allegheny County, Pennsylvania.
DRILLING
The digging or boring of a new well, either vertically or horizontally, in order to explore for, develop, or produce oil and gas or other hydrocarbons, or in order to inject gas, water, or any other fluid or substance into the earth for the recovery of oil and gas.
EMERGENCY
Nonordinary occurrences/events outside the scope of ordinary business practice that are unplanned/unintended, including, but not limited to, any or all of the following: explosion, fire, blow out, loss of circulation material, gas or water pipeline leaks or ruptures, chemical or fuel spills on site, hydrogen sulfide or other toxic gas emissions, or hazardous material spill from vehicle accident, or other occurrence at the well pad or related operation site that would place persons or property at substantial risk.
IMPOUNDMENT
A lined pit or reservoir that holds large volumes of fluid.
INJECTION WELL
Any well into which fluids are injected underground in porous rock formations like limestone and sandstone, or below in the shallow soil layer. These waste fluids may include, but are not limited to, brine, heavy metals, chemicals, and radioactive materials.
[Added 11-12-2018 by Ord. No. 295]
MIDSTREAM FACILITIES
Infrastructure involved in the processing, storing, compressing, marketing and transporting of commodities such as crude oil, natural gas, natural gas liquids (NGLs), and liquefied natural gas (LNGs), mainly ethane, propane and butane.
OIL AND GAS
Crude oil, natural gas, methane gas, coal bed methane, propane, butane and/or any other constituents or similar substances that are produced by drilling a well into, through, and below the surface of the earth.
OIL AND GAS DEVELOPMENT
The comprehensive scheme of use of the surface of land associated with the removal of subsurface oil and gas resources, refining, processing and transporting these resources to market. This is inclusive of all stages of development and all types of infrastructure used in this process.
OPERATOR
Any person, partnership, company, corporation and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas and whose operation is the subject of the conditional use application.
RELATED OPERATIONS
(1) 
NATURAL GAS COMPRESSOR STATIONA facility designed and constructed to compress natural gas that originates from an oil or gas well or collection of such wells operating as a midstream facility for delivery of oil and 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.
(2) 
NATURAL GAS PROCESSING PLANTA facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
(3) 
GATHERING SYSTEM FACILITYA facility associated with a gathering system or water collection line such as a drip station, vent station, pigging facility, chemical injection station, or transfer pump station.
(4) 
PRODUCTION FACILITYA facility related to the production of gas which utilizes motors and/or engines.
RESERVE PIT
An open pit or reservoir used for the storage of drill cuttings.
REWORK
The re-entry into an existing well within the existing bore hole or by deepening or sidetrack/horizontal drilling operations which do not extend more than 150 feet from the existing well bore, or by replacement of well liners or casings.
STIMULATION
Any action taken with respect to an oil and gas well that is intended to stimulate or enhance the flow of oil and gas and production. This includes, but is not limited to, hydraulic fracturing, water flooding and water injection.
STRUCTURE, BUSINESS
Any structure that is intended for occupancy or use as a place of business. This includes structures used in commercial and industrial pursuits. This does not include relevant uses defined as "protected structures."
STRUCTURE, PROTECTED
Any structure used for education, day care or child care, hospitals, nursing homes, assisted living facilities, governmental offices and parks.
STRUCTURE, RESIDENTIAL
Any structure that is intended for occupancy or use as a home or residence, with the exception of relevant uses defined as "protected structures."
WATER, FRESH
Water obtained from a hydrant, stream, lake, water well, river, spring or other source, that has not been treated or utilized in commercial or industrial operations, or water obtained from public water sources, such as hydrants and private/municipal water providers, in a form that is appropriate for human consumption.
WATER, IMPAIRED
A fluid which was formerly fresh water but which has been exposed to chemicals, minerals or other substances that are not part of the water treatment process utilized for delivery of water for human consumption. This definition of "impaired water" includes, but is not limited to, terms such as "brine," "fracturing fluid," "produced water," "recycled water," "impaired water," "flowback water" and any other fluid that does not satisfy the definition of "fresh water" that is utilized in oil and gas development operations.
WELL PAD
A cleared area containing either a single well or multiple wells and the associated infrastructure, such as tanks.
WELL SITE
The area of all surface disturbance associated with the extraction of oil and gas resources, exclusive of related operations. The well site is inclusive of the well pad, impoundment(s), reserve pit(s), access road(s), water line(s), pipeline(s). The well site may be denoted by the limit(s) of disturbance identified in any permit obtained from the Pennsylvania Department of Environmental Protection.
C. 
Identifying well pads and related operations and components thereof as principal and accessory uses of land.
(1) 
Principal uses. The following uses of land are determined to be principal uses of land in the M3 Zoning District:
(a) 
Well pad.
(b) 
Compressor station.
(c) 
Processing facility.
(2) 
Accessory uses. The following uses of land are declared to be accessory uses to principal uses of land in the M3 Zoning District:
(a) 
The following uses are accessory to a well pad and shall be situated within the boundaries of the well site:
[1] 
Impoundment.
[2] 
Reserve pit.
[3] 
Access road.
[4] 
Pipeline on the parcel where the well pad is located.
[5] 
Water line.
[6] 
Permanent tanks to capture condensates and oil.
(b) 
The following uses are accessory to a compressor station:
[1] 
Access road.
[2] 
Pipeline.
[3] 
Permanent tanks to capture condensates and water removed from gas.
(c) 
The following uses are accessory to a processing facility:
[1] 
Access road.
[2] 
Pipeline.
[3] 
Permanent tanks to capture condensates, liquid hydrocarbons and water separated from gas.
(d) 
In the event that a principal use of land, as defined in this section, is proposed for a parcel in the M3 District where a principal use of land already exists, then two principal uses of land are allowable on the parcel if one of those principal uses is a principal use identified in this section.
D. 
Applications for zoning approval of principal uses of land.
(1) 
Applications for conditional use approval of well pad.
(a) 
Applications. Any operator seeking approval for any well pad shall submit a written application to the Borough. The application for a well pad shall include:
[1] 
The name and address of the operator, including the name of the operator's head local representative, telephone number and twenty-four-hour emergency contact number of the operator.
[2] 
The exact location of the proposed well pad, including Allegheny County 911 address and block and lot number.
[3] 
A deed, oil and gas lease, surface use agreement, easement or other instrument that identifies the operator's ownership of or right to make application for zoning approval for and use of the surface of the parcel where the well pad is proposed to be located.
[4] 
A plan or drawing, prepared by a licensed engineer, of the boundaries of the proposed well site where the well pad will be located, identified by GIS coordinates, and with topographic relief indicated. All features of the well site shall be identified, including, but not limited to:
[a] 
The well pad, with identification of the location of each well.
[b] 
The access road.
[c] 
Any reserve pit(s).
[d] 
Location(s) of pipeline(s).
[e] 
Location(s) of water line(s).
[f] 
Impoundment.
[g] 
Permanent tanks.
[h] 
Soil stockpiles.
[i] 
Any other structures or installations.
[j] 
Erosion and sedimentation control measures.
[k] 
Vehicle parking areas.
[l] 
Equipment storage and staging areas.
[m] 
Locations of proposed fencing.
[n] 
Locations of proposed sound walls or barriers.
[o] 
Locations of proposed landscaping features.
[5] 
Identification of the operator's development plans for the well site, which shall include:
[a] 
The anticipated beginning and ending dates of the commencement of site preparation:
[i] 
The expected daily average number of vehicle trips to and from the well site during this period, with a general description of the percentage of vehicle trips by type of vehicle (personal car, pickup truck, tri-axle truck, tractor-trailer, earthmoving equipment).
[ii] 
The expected maximum daily number of vehicle trips to and from the well site during this period, with a general description of the percentage of vehicle trips by type of vehicle (personal car, pickup truck, tri-axle truck, tractor-trailer, earthmoving equipment) and the duration of time when this expected maximum daily number of vehicle trips to and from the well site will occur.
[b] 
The anticipated beginning and ending dates of drilling activity and well perforation work:
[i] 
The expected daily average number of vehicle trips to and from the well site during this period, with a general description of the percentage of vehicle trips by type of vehicle (personal car, pickup truck, tri-axle truck, tractor-trailer, earthmoving equipment).
[ii] 
The expected maximum daily number of vehicle trips to and from the well site during this period, with a general description of the percentage of vehicle trips by type of vehicle (personal car, pickup truck, tri-axle truck, tractor-trailer, earthmoving equipment) and the duration of time when this expected maximum daily number of vehicle trips to and from the well site will occur.
[c] 
The anticipated beginning and ending dates of stimulation activities:
[i] 
The expected daily average number of vehicle trips to and from the well site during this period, with a general description of the percentage of vehicle trips by type of vehicle (personal car, pickup truck, tri-axle truck, tractor-trailer, earthmoving equipment).
[ii] 
The expected maximum daily number of vehicle trips to and from the well site during this period, with a general description of the percentage of vehicle trips by type of vehicle (personal car, pickup truck, tri-axle truck, tractor-trailer, earthmoving equipment) and the duration of time when this expected maximum daily number of vehicle trips to and from the well site will occur.
[d] 
The anticipated beginning and ending dates of site reclamation:
[i] 
The expected daily average number of vehicle trips to and from the well site during this period, with a general description of the percentage of vehicle trips by type of vehicle (personal car, pickup truck, tri-axle truck, tractor-trailer, earthmoving equipment).
[ii] 
The expected maximum daily number of vehicle trips to and from the well site during this period, with a general description of the percentage of vehicle trips by type of vehicle (personal car, pickup truck, tri-axle truck, tractor-trailer, earthmoving equipment) and the duration of time when this expected maximum daily number of vehicle trips to and from the well site will occur.
[e] 
The number of wells on the well pad that the operator seeks approval for in the instant conditional use application.
[f] 
The total number of wells on the well pad that the operator may eventually drill.
[g] 
The dates that all well permit applications for wells on the well pad were submitted to the Department of Environmental Protection and copies of all applications.
[h] 
Dates of approval of all well permit applications for wells on the well pad by the Department of Environmental Protection, the API permit number for each well issued by the Department of Environmental Protection, and copies of all well permit approvals.
[i] 
Copies of all applications to the Department of Environmental Protection for the well pad and impoundment if separate from permit application for the well(s).
[j] 
Copies of all permit approvals from the Department of Environmental Protection for the well pad and impoundment if separate from permit application for the well(s).
[k] 
Copies of all pipeline and water line applications to the Department of Environmental Protection.
[l] 
Copies of all pipeline and water line approvals from the Department of Environmental Protection.
[m] 
The map and inventory of private water wells surrounding the well pad that the operator has filed with the Department of Environmental Protection.
[n] 
A narrative description of the various phases of activities that will occur on the well site along with expected community impacts during each phase.
[o] 
A plan for the transmission of oil and gas beyond the area of the well site, or a statement that there is no off-site transmission that is presently contemplated. The plan will identify, but not be limited to, gathering lines, compressor stations, and other mid- and downstream facilities located within the Borough and extending 800 feet beyond the Borough boundary.
[p] 
A plan that identifies the means for disposal of drill cuttings, fracturing fluids and all other waste products generated from within the boundaries of the well site.
[q] 
A copy of the Department of Environmental Protection's water management plan for the well site, identifying the source of the water, how many gallons will be used and withdrawn each day, the origination of the water, proposed truck routes, and all permits issued by the Commonwealth of Pennsylvania or any other governmental body. The site(s) for the treatment and disposal of the water shall also be identified.
[r] 
Whether the well pad will be used for a disposal injection well(s).
[6] 
Notice.
[a] 
Proof of written notice of the proposed well pad to:
[i] 
The owner of the parcel where the well pad is proposed to be located.
[ii] 
Any tenant of the parcel where the well pad is proposed to be located.
[iii] 
All owners of property within 2,500 feet of the well pad.
[b] 
Such notice shall identify the operator's name, address, twenty-four-hour phone contact number, and identification of the name and location of the proposed well pad.
[7] 
A certification regarding whether the proposed well site is located in a wetland or floodplain.
[8] 
A copy of the preparedness, prevention, and contingency ("PPC") plan for this particular well site submitted to the Pennsylvania Department of Environmental Protection. The PPC plan shall be specific to the proposed well site at the location identified in the application and shall not be a general, county-wide or state-wide PPC plan.
[9] 
A community and environmental impact analysis. The purpose of this analysis is to provide the Borough with an understanding of the impacts of activities on the well pad and within the well site on the health, safety and welfare of the community and the natural environment so that the Borough Council can be better informed as to the potential impacts of the proposed development and so that the community has access to information about the potential impacts. At a minimum, the analysis shall include:
[a] 
Examination of hydrologic impact:
[i] 
A description, inventory, analysis, and evaluation of the existing groundwater conditions at the time of the submission of the application and modeling of the impact on groundwater and surface water of a leak, spill or release from within the well site along with analyses that could signify an impact, which will include, at a minimum, identification of water wells and springs within a two-thousand-five-hundred-foot radius of the oil and gas well, the owners of those properties, reference to the availability of public water on those properties, and telephone contact information for those property owners/tenants so they may be contacted in the case of an emergency.
[ii] 
Discussion of stormwater runoff controls from the well site, related to any increase in impermeable ground, change in grade and contour of the land, increased sediment load and focused points of discharge.
[iii] 
Steps that the operator will implement to address any potential impacts identified by this examination.
[b] 
Examination of the impact on air:
[i] 
Identification of any permits or approvals received from the Pennsylvania Department of Environmental Protection and/or the Allegheny County Health Department.
[ii] 
Identification of air quality at the location of the proposed well site at the time of the submission of the application and the source(s) of emissions that impact the air at the location.
[iii] 
An itemized list of all emissions sources from the well site (whether temporary or permanent) and identification of whether vapor recovery devices are available for each emissions source and whether vapor recovery devices will be utilized.
[iv] 
An itemized list of all emissions that will be generated from the well site, with identification of any emissions that have been identified as volatile organic compounds, semivolatile organic compounds or hazardous air pollutants or carcinogenic and the duration of such emissions.
[v] 
An air modeling study of the direction and concentration of emissions from the well site, inclusive of the effect of topography, wind conditions, vegetation and structures and evaluating the effect and interaction of emissions from the well site with existing emissions and identification of impact on nearby structures, along with telephone contact information for the owners/tenants and occupants of the identified structures to be alerted in the case of an emergency.
[vi] 
Discussion of whether air monitoring will be utilized during or after development activities and, if so, for what purpose.
[c] 
Examination of thermal impact of fire or explosion:
[i] 
Identification of any safety buffer zone, evacuation zone or similar feature(s) surrounding the well pad related to fire, explosion or other emergency and the basis for the identification of such zone.
[ii] 
Modeling of the impact of fire or explosion from the well(s) or any substances stored within the boundaries of the well site, with identification of radii of impact and association of the radii of impact to the timing of impact, so as to provide an overview of how long between an ignition and/or explosion and its impact on citizens at varying distances from the well site area.
[iii] 
Expected response times of appropriate response agencies to address fire and/or explosion scenarios.
[iv] 
Identification of any residential structure or protected structure that should be evacuated in the event of an emergent situation at the well site if outside of an identified safety buffer zone along with telephone contact information for the owners/tenants and occupants to be alerted in the case of an emergency.
[d] 
Examination of impact on environmental features:
[i] 
A comprehensive description of baseline environmental conditions identified before any activities associated with the well site.
[ii] 
A description of the environmental impacts of the proposed well site both during and after complete build-out and reclamation of the proposed well site. This description should focus both on the environmental details most likely to be affected by the well site proposal and on the broader regional aspects of the environment impacts, including ecological interrelationships. These impacts shall be defined as direct or indirect changes in the existing environment, and as either beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment but upon land use as well.
[e] 
Examination of impact on noise levels:
[i] 
The operator shall undertake a noise/sound model study that identifies the impact of any increase in noise/sound related to the well site on surrounding lands. The noise/sound model study shall be based on departure from the ambient noise level and shall include provision for seasonal changes (i.e., impacts of vegetation in summer vs. winter), the presence/absence of landscaping, the presence and absence of walls or other features.
[f] 
Examination of impact on roadways:
[i] 
The operator shall provide a traffic impact study or description of the plan for the transportation and delivery of equipment, machinery, water, chemicals, products, materials, waste products and other items that will be utilized or produced in the siting, drilling, stimulating, completion, alteration and operation of the well pad and any accessory use within the well site. Such description shall include:
[A] 
A map showing the planned vehicular access route to the well pad, indicating all private access roads, all state, county, and local roads, bridges, and other transportation infrastructure that may be used, and the type, weight, number of trucks, and delivery schedule necessary to support each phase of the development and operation of the well pad.
[B] 
Identification of any improvements to road infrastructure necessary to accommodate the proposed utilization associated with the well site.
[C] 
The proposed routes must be designed to ensure adequate capacity for existing and projected traffic volumes, allow for efficient movement of traffic, including appropriate turning radii and transition grade, and minimize hazards to users of public roads and to adjacent property and human activity.
[D] 
Whenever possible, a well pad should have vehicle access from a collector street.
[E] 
No streets serving exclusively residential neighborhoods shall be utilized.
[g] 
A discussion of measures which are required to or may enhance, protect, or mitigate impacts upon the environment, including any associated research or monitoring. Include sufficient documentation and supporting material to demonstrate that the proposed measures will function as expected.
[h] 
Emergency protocol. The operator shall provide detail of its emergency protocol that is applicable to an incident at the well site that is not part of the ordinary course of operations. This emergency protocol may be included in the PPC plan or otherwise, but it must include, at a minimum:
[i] 
The addresses and telephone numbers for all property owners within any radius identified by air modeling, hydrogeological or thermal impact studies as being impacted by a circumstance that is out of the ordinary.
[ii] 
A discussion of the means by which impacted residents will be alerted of a circumstance that is out of the ordinary and the relation of the timing of this to the occurrence of the relevant circumstance.
[iii] 
An evacuation plan and exclusion plan for residents in the event of a circumstance that is out of the ordinary.
(b) 
Completeness review of application.
[1] 
Not later than the 45th day after the date an application is submitted, the Borough Manager shall make a written determination of whether all information and documents required by this section or other applicable ordinances have been submitted. The Borough Manager shall mail a determination that the application is incomplete by United States certified mail to the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the application, together with the identified documents or other information, is not resubmitted within 30 days after the date the notice was sent.
[2] 
An application shall not be processed for review until after a determination of completeness has been issued by the Borough Manager.
[3] 
The incompleteness of an application shall be grounds for denial of the application, regardless of whether a determination of incompleteness was mailed to the applicant.
[4] 
An application for approval of a well pad shall be deemed to expire on the 30th day after the application is returned to the applicant for incompleteness, if the applicant fails to provide documents or other information necessary to meet the requirements of this section or other applicable ordinances as specified in the determination provided to the applicant. Thereafter, a new application must be submitted and application fee paid.
(2) 
Applications for conditional use approval of related operations.
(a) 
Applications for any operator seeking approval for any related operation shall submit a written application to the Borough. The application for a related operation shall include:
[1] 
The name and address of the operator, including the name of the operator's head local representative, telephone number and twenty-four-hour emergency contact number of the operator.
[2] 
The exact location of the proposed related operation, including Allegheny County 911 address and block and lot number.
[3] 
A deed, oil and gas lease, surface use agreement, easement or other instrument that identifies the operator's ownership of or right to make application for zoning approval for and use of the surface of the parcel where the related operation is proposed to be located.
[4] 
A plan or drawing, prepared by a licensed engineer, of the proposed site where the related operation will be located, identified by GIS coordinates, and with topographic relief indicated. All features of the related operation shall be identified, including but not limited to:
[a] 
Any structure or building.
[b] 
The access road.
[c] 
Location(s) of pipeline(s).
[d] 
Location(s) of water line(s).
[e] 
Location(s) of any pits.
[f] 
Permanent tanks.
[g] 
Flares.
[h] 
Soil stockpiles.
[i] 
Erosion and sedimentation control measures.
[j] 
Vehicle parking areas.
[k] 
Equipment storage and staging areas.
[l] 
Locations of proposed fencing.
[m] 
Locations of proposed sound walls or barriers.
[n] 
Locations of proposed landscaping features.
[5] 
Identification of the operator's development plans for the related operation, which shall include:
[a] 
The anticipated beginning and ending dates of the commencement of site preparation and construction.
[i] 
The expected daily average number of vehicle trips to and from the related operation during this period, with a general description of the percentage of vehicle trips by type of vehicle (personal car, pickup truck, tri-axle truck, tractor-trailer, earthmoving equipment).
[ii] 
The expected maximum daily number of vehicle trips to and from the related operation during this period, with a general description of the percentage of vehicle trips by type of vehicle (personal car, pickup truck, tri-axle truck, tractor-trailer, earthmoving equipment) and the duration of time when this expected maximum daily number of vehicle trips to and from the related operation will occur.
[b] 
The anticipated in-service date of the related operation:
[i] 
The expected daily average number of vehicle trips to and from the related operation after it is placed in service, with a general description of the percentage of vehicle trips by type of vehicle (personal car, pickup truck, tri-axle truck, tractor-trailer, earthmoving equipment).
[c] 
In the case of a natural gas compressor station:
[i] 
The number of compressor engines.
[ii] 
The horsepower of each compressor engine.
[iii] 
The power source for each compressor engine.
[d] 
The date(s) that all permit applications related to the related operation were submitted to the Department of Environmental Protection and copies of all applications.
[e] 
The date(s) of approval of all permit applications related to the related operation and copies of all approvals.
[f] 
Copies of all pipeline and water line applications to the Department of Environmental Protection.
[g] 
Copies of all pipeline and water line approvals from the Department of Environmental Protection.
[h] 
A narrative description of the activities that will occur at the related operation, along with expected community impacts during each phase.
[i] 
A plan for the transmission of oil and gas beyond the related operation. The plan will identify, but not be limited to, gathering lines and other mid- and downstream facilities located within the Borough and extending 800 feet beyond the Borough boundary.
[6] 
Notice.
[a] 
Proof of written notice of the proposed related operation to:
[i] 
The owner of the parcel where the related operation is proposed to be located.
[ii] 
Any tenant of the parcel where the related operation is proposed to be located.
[iii] 
All owners of property within 2,500 feet of the related operation.
[b] 
Such notice shall identify the operator's name, address, twenty-four-hour phone contact number, and identification of the name and location of the proposed related operation.
[7] 
A certification regarding whether the proposed related operation is located in a wetland or floodplain.
[8] 
A copy of the specific preparedness, prevention, and contingency ("PPC") plan for this particular related operation submitted to the Pennsylvania Department of Environmental Protection. If not included in the PPC plan, the operator shall provide the Borough with a map showing areas of evacuation in the event of an emergent condition or imminent danger.
[9] 
A community and environmental impact analysis. The purpose of this analysis is to provide the Borough with an understanding of the impacts of activities from the related operation on the health, safety and welfare of the community and the natural environment so that the Borough Council can be better informed as to the potential impacts of the proposed development and so that the community has access to information about the potential impacts. At a minimum, the analysis shall include:
[a] 
Examination of hydrologic impact:
[i] 
A description, inventory, analysis, and evaluation of the existing groundwater conditions and modeling of the impact on groundwater and surface water of a leak, spill or release from the related operation, along with analyses that could signify an impact, which will include, at a minimum, identification of water wells and springs within a two-thousand-five-hundred-foot radius of the oil and gas well, the owners of those properties, reference to the availability of public water on those properties, and telephone contact information for those property owners/tenants so they may be contacted in the case of an emergency.
[ii] 
Discussion of stormwater runoff controls from the related operation, related to any increase in impermeable ground, change in grade and contour of the land, increased sediment load and focused points of discharge.
[iii] 
Steps that the operator will implement to address any potential impacts identified by this examination.
[b] 
Examination of the impact on air:
[i] 
Identification of any permits or approvals received from the Pennsylvania Department of Environmental Protection and/or the Allegheny County Health Department.
[ii] 
Identification of air quality at the location of the proposed related operation at the time of the submission of the application and the source(s) of emissions that impact the air at the location.
[iii] 
An itemized list of all emissions sources from the related operation (whether temporary or permanent) and identification of whether vapor recovery devices are available for each emissions source and whether vapor recovery devices will be utilized.
[iv] 
An itemized list of all emissions that will be generated from the related operation, with identification of any emissions that have been identified as volatile organic compounds, semivolatile organic compounds or hazardous air pollutants or carcinogenic and the duration of such emissions.
[v] 
An air modeling study of the direction and concentration of emissions from the related operation, inclusive of the effect of topography, wind conditions, vegetation and structures and evaluating the effect and interaction of emissions from the related operation with existing emissions and identification of impact on nearby structures, along with telephone contact information for the owners/tenants and occupants of the identified structures to be alerted in the case of an emergency.
[vi] 
Discussion of whether air monitoring will be utilized during or after development activities.
[c] 
Examination of thermal impact of fire or explosion:
[i] 
Identification of any safety buffer zone or similar feature surrounding the related operation related to fire, explosion or other emergency and the basis for the identification of such zone.
[ii] 
Modeling of the impact of fire or explosion from the well(s) or any substances stored at the related operation, with identification of radii of impact and association of the radii of impact to the timing of impact, so as to provide an overview of how long between an ignition and/or explosion and its impact on citizens at varying distances from the related operation.
[iii] 
Expected response times to address fire and/or explosion issues.
[iv] 
Evacuation radius in the event of a fire and/or explosion if different than a safety buffer zone identified in this subsection, along with telephone contact information for the owners/tenants and occupants to be alerted in the case of an emergency.
[v] 
Any structure, including, but not limited to, protected structures, that should be evacuated in the event of an emergent situation if outside of an identified safety buffer zone.
[d] 
Examination of impact on environmental features:
[i] 
A comprehensive description of baseline environmental conditions identified before any activities associated with the related operation.
[ii] 
A description of the environmental impacts of the proposed related operation both during and after complete build-out and reclamation of the proposed related operation. This description should focus both on the environmental details most likely to be affected by the related operation proposal and on the broader regional aspects of the environment impacts, including ecological interrelationships. These impacts shall be defined as direct or indirect changes in the existing environment, and as either beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment but upon land use as well.
[e] 
Examination of impact on noise levels:
[i] 
The operator shall undertake a noise/sound model study that identifies the ambient sound/noise conditions and models the impact of noise/sound from the related operation on surrounding lands, that identifies the noise/sound impact based on seasonal projections (i.e., impacts of vegetation in summer vs. winter), without any landscaping, walls or other features, and the impact with proposed landscaping, walls and other features.
[ii] 
This investigation of ambient noise/sound levels shall be completed over a continuous period of at least 72 hours, with at least 24 hours being on a weekend.
[f] 
Examination of impact on roadways. The operator shall provide a traffic impact study or description of the plan for the transportation and delivery of equipment, machinery, water, chemicals, products, materials, waste products and other items that will be utilized or produced in the construction, maintenance and operation of the related operation. Such description shall include:
[i] 
A map showing the planned vehicular access route to the related operation, indicating all private access roads, all state, county, and local roads, bridges, and other transportation infrastructure that may be used, and the type, weight, number of trucks, and delivery schedule necessary to support each phase of the development and operation of the related operation.
[ii] 
Identification of any improvements to road infrastructure necessary to accommodate the proposed utilization associated with the related operation.
[iii] 
The proposed routes must be designed to ensure adequate capacity for existing and projected traffic volumes, allow for efficient movement of traffic, including appropriate turning radii and transition grade, and minimize hazards to users of public roads and to adjacent property and human activity.
[iv] 
Whenever possible, a related operation should have vehicle access from a collector street.
[v] 
No streets serving exclusively residential neighborhoods shall be utilized.
[g] 
A discussion of measures which are required to or may enhance, protect, or mitigate impacts upon the environment, including any associated research or monitoring. Include sufficient documentation and supporting material to demonstrate that the proposed measures will function as expected.
[h] 
Emergency protocol. The operator shall provide detail of its emergency protocol that is applicable to an incident at the related operation that is not part of the ordinary course of operations. This emergency protocol may be included in the PPC plan or otherwise, but it must include, at a minimum:
[i] 
The addresses and telephone numbers for all property owners within any radius identified by air modeling, hydrogeological or thermal impact studies as being impacted by a circumstance that is out of the ordinary.
[ii] 
A discussion of the means by which impacted residents will be alerted of a circumstance that is out of the ordinary and the relation of the timing of this to the occurrence of the relevant circumstance.
[iii] 
An evacuation plan and exclusion plan for residents in the event of a circumstance that is out of the ordinary.
(b) 
Completeness review of application.
[1] 
Not later than the 45th day after the date an application is submitted, the Borough Manager shall make a written determination of whether all information and documents required by this section or other applicable ordinances have been submitted. The Borough Manager shall mail a determination that the application is incomplete by United States certified mail to the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the application, together with the identified documents or other information, is not resubmitted within 30 days after the date the notice was sent.
[2] 
An application shall not be processed for review until after a determination of completeness has been issued by the Borough Manager.
[3] 
The incompleteness of an application shall be grounds for denial of the application, regardless of whether a determination of incompleteness was mailed to the applicant.
[4] 
An application for approval of a related operation shall be deemed to expire on the 30th day after the application is returned to the applicant for incompleteness, if the applicant fails to provide documents or other information necessary to meet the requirements of this section or other applicable ordinances as specified in the determination provided to the applicant. Thereafter, a new application must be submitted and application fee paid.
E. 
General criteria pertaining to well pads and related operations.
(1) 
In addition to the specific criteria set forth in this section relevant to the proposed land use, all operators seeking conditional use approval for a well pad and/or related operation shall demonstrate that the proposed use satisfies the following general criteria, and the burden of persuasion as to these general criteria is placed upon the operator throughout the course of the conditional use process:
(a) 
The use shall not endanger the public health as a result of the location of the well pad and/or related operation.
(b) 
The use shall not endanger the public safety as a result of the location of the well pad and/or related operation.
(c) 
The use shall not negatively impact the public welfare as a result of the location of the well pad and/or related operation.
(d) 
The use will not deteriorate the environment as a result of the location of the well pad and/or related operation.
F. 
Specific criteria pertaining to well pads and related operations.
(1) 
The operator shall demonstrate that its proposed well pad and/or related operation for which it is seeking zoning approval satisfies all of the specific criteria set forth in this section. The operator shall demonstrate satisfaction of the specific criteria set forth in this section through its application, submissions in the record to the Planning Commission and the Borough Council and/or at the public hearing(s) regarding the application. If the applicant does not demonstrate satisfaction with the specific criteria set forth in this section, or demonstrate the existence of a variance therefrom, zoning approval cannot be granted.
(a) 
Specific criteria for conditional use approval for a well pad.
[1] 
Specific criteria. In addition to the foregoing general criteria, an operator must demonstrate to the Borough Council that the operator's proposed well pad satisfies the specific, objective criteria of this subsection through its application, through testimony at any hearing, and through additional documents entered into evidence at a hearing.
[a] 
Setbacks.
[i] 
A well pad and any associated accessory uses, collectively being within the bounds of the well site, shall be located on one parcel only.
[ii] 
Other than the intersection of the access road with a street or roadway, the entirety of a well site shall be located at least 50 feet from the ultimate right-of-way of any public or private street. Pipelines shall be permitted to traverse the required setback only where absolutely necessary to transport extracted product off site.
[iii] 
The boundary of a well site shall be located at least 150 feet from the edge of any watercourse or wetland, and said watercourses and wetlands shall be preserved in a natural and undisturbed state.
[iv] 
No well that is situated on a well pad shall be located closer than 500 feet from all business structures in the M3 District.
[v] 
No well that is situated on a well pad shall be located closer than 500 feet from a residential structure, regardless of the district where the residential structure is located.
[vi] 
The boundary of a well site shall be located 1,500 feet from a protected structure, regardless of the district where the protected structure is located. No waiver may be obtained relative to a protected structure.
[b] 
Noise and sound management.
[i] 
Noise/sound generated from within the well site, when measured from the source of the sound to the property line of the nearest residential structure or protected structure, shall not:
[A] 
Exceed the ambient noise level by more than 5 dBA from 7:00 a.m. to 7:00 p.m., local time, and by more than 3 dBA from 7:00 p.m. to 7:00 a.m., local time.
[B] 
During drilling and stimulation operations, exceed the ambient noise level by more than 10 dBA from 7:00 a.m. to 7:00 p.m., local time, or by more than 5 dBA from 7:00 p.m. to 7:00 a.m., local time.
[ii] 
No person shall operate or permit to be operated, in connection with the post-reclamation operation of a well site, any engine, small compressor, or motor-driven machinery of any type, which creates a sound level that exceeds the ambient noise level by more than 5 dBA from 7:00 a.m. to 7:00 p.m., local time, and by more than 3 dBA from 7:00 p.m. to 7:00 a.m., local time, when measured at the property line of the nearest residential structure or protected structure.
[iii] 
The operator shall be responsible for continuously monitoring the noise level generated by the well site through completion of the well and shall identify the technical means by which this will be accomplished. The equipment used for the monitoring shall permit the Borough remote access to the data at any time. The operator shall be responsible for audio file recording to identify and immediately remediate any deviations from the allowable noise levels. The costs shall be borne by the operator. The file shall be maintained through the completion of the well.
[c] 
Lighting. Recognizing that adequate and appropriate lighting is essential to the safety of those involved in the well pad, the operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the drill or well site, wellhead, or other area being developed so as to attempt to minimize glare on public roads and adjacent buildings.
[i] 
The illumination projected from the well pad or an accessory thereto shall at no time exceed 0.1 footcandle above the existing lighting level, measured at any property line, at a height of six feet above the ground. (*See Zoning Ordinance, § 165-60.)
[ii] 
All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light or glare onto a neighboring use or property.
[iii] 
The lighting system shall be designed with cutoff luminaries that have a cutoff angle of 60° or less.
[iv] 
After hours of operations or when the site has been fully developed and reclaimed, lighting shall be reduced to the minimum required for safety and security purposes.
[v] 
Glare from gas flaring is considered to be illumination.
[d] 
Screening/visual impact.
[i] 
The well pad and any other accessory uses within the well site shall be located, designed and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance. Care shall be taken to maintain as much natural screening as possible, leaving existing trees and respective root systems undisturbed to the extent possible.
[ii] 
The operator shall not clear brush or trees by way of burning and shall chip, grind or remove all brush, trees, and tree stumps from properties it clears for development purposes.
[iii] 
The location and design of structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area. All permanent facilities shall be painted neutral colors to blend in with the surrounding area.
[e] 
Hours of operation. Except for emergency operations or initial drilling and stimulation operations, hours of construction, maintenance, servicing at a well pad or any accessory use at the well site are limited to Monday through Friday, 7:00 a.m. to 7:00 p.m., and not permitted on weekends or legal holidays, as per Section 5.A of the Noise Ordinance of Bell Acres.[2] The wells on a well pad shall be able to produce oil and gas continuously, and this production is not impacted by this provision.
[2]
Editor's Note: See Chapter 123, Noise, § 123-14A.
[f] 
Roadway maintenance and repair agreement. The operator of the oil and gas well site shall execute a roadway maintenance and repair agreement with the Borough and post a bond at the paved highway rate in favor of the Borough and in a form acceptable to the Borough prior to beginning any work on a drill site. The roadway maintenance and repair agreement shall require the operator to conduct an inventory, analysis, and evaluation of existing conditions on Borough roads along the proposed transportation route, including photography, video and core boring as determined to be necessary by the Borough Engineer. The Borough roadway maintenance and repair agreement will identify the responsibilities of the operator to prepare, maintain, and repair Borough roads before, during, and immediately after drilling operations associated with the oil and gas well site. The operator shall take all necessary corrective action and measures as directed by the Borough pursuant to the agreement.
[g] 
No flares. Wells shall not be flared at any time.
[h] 
No leisure/sleeping accommodations. There shall be no sleeping or leisure accommodations on a well pad or elsewhere at a well site other than for supervisory personnel whose presence is essential for the safe operation of activities at the well site. The maximum number of such individuals who the operator deems essential to the safe operation of the well pad and/or such that their presence is required at the well site at all times shall be provided to the Borough as part of the application, along with a description of such roles. Prior to the commencement of drilling activities at a well site, the operator shall provide the Borough with the names of such individuals and provide proof that the property owner has been provided the names of those individuals. For purposes of clarity, this provision is not intended to prohibit a designated area for meal breaks.
[i] 
Waiver. The operator can seek a waiver of this condition if the operator provides to the Borough a written waiver by the owner of the property where the well pad is proposed to be located, or, in the case of a property that is rented, a written waiver from the owner and the tenant, that consents to the allowance of overnight accommodation for workers and that all other regulations concerning overnight accommodations on a property are satisfied. Additionally, the operator shall demonstrate that a twenty-four-hour security guard will be present at the well pad and that the number for this security guard shall be provided to all surrounding residents. This waiver only extends so far as is related to drilling operations and does not form the basis for any overnight accommodations subsequent to the drilling process.
[i] 
On-site storage.
[i] 
No drilling, redrilling, reworking or other portable equipment shall be stored on the operation site which is not essential to the everyday operation of the well located thereon. This includes the removal of idle equipment for the operation of such wells.
[ii] 
Lumber, pipes, tubing, and casing shall not be left on the operation site except when drilling or well servicing operations are being conducted on the site.
[iii] 
Junk, refuse, trash, or abandoned material shall not be disposed of on site. All refuse stored on site for final off-site disposal shall be indoors or in a dumpster or other permitted enclosure.
[iv] 
It shall be illegal for any person, owner, or operator to park or store any vehicle or item of machinery on any street, right-of-way or in any driveway, alley, or upon any operation or drilling site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except that equipment which is necessary for the maintenance of the drill or well site or for gathering or transportation of hydrocarbon substances from the site.
[j] 
Fencing standards. Prior to the commencement of and during all operations through reclamation, the well site shall be completely enclosed by fencing.
[i] 
Waiver. The applicant can obtain a waiver of this criterion if the operator demonstrates that this fencing requirement is detrimental to the safe operation of the well site and the operator provides adequate demonstration that the well site will be secured during the relevant time frame identified in this provision. This waiver does not, however, apply to any sound walls or noise-abatement barriers.
Upon completion of the well(s), all fencing and walls not necessary for appropriate screening, noise abatement, or security shall be removed from the well site.
[ii] 
The fence fabric shall be at least six feet in height.
[iii] 
Support posts shall be set in concrete and shall be embedded into the ground to a depth sufficient to maintain the stability of the fence. Temporary fence posts shall not be required to be set in concrete.
[iv] 
The chain-link fabric shall be galvanized steel wire with a minimum plating of 1.2 ounces of zinc per square foot of surface area or shall be coated with vinyl or plastic material, approved by the Borough Building Inspector.
[v] 
The chain-link fence fabric shall have a minimum thickness of 11-gauge and be of dark green or black chain-link construction.
[vi] 
The chain-link fabric shall be two-inch mesh; provided, however, that three-and-one-half-inch mesh may be used on any fence where the fabric is interwoven with artificial screening material approved by the Borough Building Inspector.
[vii] 
Post and rail shall be standard galvanized, welded pipe, Schedule 40 or thicker.
[viii] 
All pipe and other ferrous parts, except chain-link fabric and drill pipe, shall be galvanized with a plating which contains a minimum of 1.2 ounces of zinc per square foot of surface area.
[ix] 
Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have a minimum thickness of 1/4 by 3/4 inch.
[x] 
All fences shall have security extension arms at the top of such fences, and such security extension arms shall be strung with galvanized barbed wire.
[k] 
Secured entrance gate standards. For all points of ingress and egress to the well site, the chain-link fence gate shall meet the following specifications:
[i] 
Each gate opening shall be not less than 14 feet wide and be composed of two gates, each of which is not less than seven feet wide, or one sliding gate not less than 14 feet wide. If two gates are used, gates shall latch and lock in the center of the span.
[ii] 
The gates shall be of black or dark green chain-link construction that meets the applicable specifications, or of other approved material that, for safety reasons, shall be at least as secure as the chain-link fence.
[iii] 
The gates shall be provided with a Knox-Box® rapid entry system and shall be kept locked except when being used for access to the site.
[iv] 
Hinges shall be heavy-duty malleable iron or steel industrial service type with a one-hundred-eighty-degree swing.
[v] 
Structures. Structures located at well sites, including, but not limited to, pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, 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 Zoning Officer.
[l] 
Injection well standards. Disposal injection wells are only allowed in the Borough on well pads, which are only permitted in the M3 Zoning District as a conditional use.
[Amended 11-12-2018 by Ord. No. 295]
[i] 
The operator shall identify how long the disposal injection well(s) will be in operation.
[ii] 
The operator shall identify the sources of fluids and provide a list and characterization of such fluids proposed to be injected into the injection well.
[iii] 
The minimum site required shall be five acres.
[iv] 
The operator shall construct the injection well site so as to be completely contained such that any spill or release will not reach water sources.
[v] 
The site shall have frontage on and direct vehicular access to an arterial or collector street.
[vi] 
The site shall not be located within 1,500 feet of any protected structure or residential dwelling.
[vii] 
All activities shall comply with the performance standards specified in § 165-27E, General criteria pertaining to well pads and related operations, and § 165-27F(1)(a), Specific criteria for conditional use approval for a well pad.
[viii] 
Adjacent public streets shall be adequate to accommodate traffic volumes and weight limits associated with truck traffic to and from the site.
[ix] 
The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).
[x] 
No permanent component of the injection well site shall be closer than 500 feet from the property line in which the well is located.
[xi] 
Written permission from the landowner(s) with legal or equitable title to the property where the proposed injection well site is located or demonstrable documentation of the applicant's authority to occupy the property shall be provided to the Borough.
[xii] 
The longitude and latitude 911 location of the injection well site must be provided to the Borough.
[xiii] 
Copies of any and all applications and permits required from all applicable local, county, state, and federal agencies for development of the injection well.
[xiv] 
A site plan prepared by an engineer or surveyor licensed in Pennsylvania shall be provided to the Borough to establish compliance with all applicable regulations. All temporary and permanent structures, equipment, machinery, and sediment and erosion controls shall be identified. All protected structures and residential dwellings within 2,000 feet of the property lines shall be identified. All roads used to access and serve the injection well must also be shown. A sufficient number of copies of the site plan shall be provided to the Borough for review and comment by all Borough emergency service organizations.
[xv] 
A risk assessment report shall be included in the application that identifies the potential hazards stemming from the injection well at the proposed site and determines the quantitative and qualitative risk associated with the identified hazards. The report shall be prepared by an expert in the field acceptable to the Borough. The quantitative risk assessment shall include calculations of two components of risk (R), the magnitude of the potential loss (L), and the probability (P) that the loss will occur. The report shall include a public health risk assessment including potential impacts to public and private water sources. This assessment is the process of characterizing the nature and likelihood of harmful effects to individuals or populations within one linear mile in all directions from the injection well site. The report shall also include an assessment of potential seismic impacts created by the operations of the injection well.
[xvi] 
The applicant shall maintain and make available upon request to the Borough, for a period of two years, a daily manifest of the volume and types of fluids delivered and injected at the site.
[xvii] 
A traffic impact study prepared by a professional expert in the field acceptable to the Borough shall be included in the application. The study shall include:
[A] 
A description of the proposed project in terms of land use type and magnitude.
[B] 
An inventory, analysis, and evaluation of existing road conditions including intersection levels of service, roadway levels of service (where appropriate), and other measures of roadway adequacy (i.e., lane widths, traffic signal warrants, vehicle delay studies, etc.) on roads within the Borough along the proposed transportation route identified by the application, including photography, video, and core boring as determined to be necessary by the Borough engineer(s).
[C] 
Projected site-generated traffic volumes in terms of peak hours and average daily trips, approach/departure distribution including method of determination, site traffic volumes on roadways, and comparison of existing traffic to proposed site-generated traffic.
[D] 
An analysis of future traffic conditions including future design year (development fully completed) combined volumes (site traffic plus future roadway traffic), intersection levels of service, roadway levels of service (where appropriate), and other measures of roadway adequacy (i.e., lane widths, traffic signal warrants, vehicle delay studies, etc.). The analysis shall also include a description of the plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials, and other items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the injection well. Such description shall include a map showing the planned vehicular access roads and the transportation infrastructure being proposed and the type, weight, number of trucks and delivery schedule necessary to support each phase of the development.
[E] 
A description of the recommended access plan and off-site improvements including a schematic plan of access and on-site circulation.
[xviii] 
To the extent the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an environmental impact analysis to the Borough for the injection well site. The analysis shall be prepared by a professional in the field acceptable to the Borough and included with the application. The environmental impact analysis shall describe, identify, and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed and approved by the Borough Engineer. The environmental impact study shall include, but not be limited to, all critical impact areas on or off site that may be impacted by the proposed or ultimate use of the injection well, including the potential impact on the critical areas, the protective measures to ensure no environmental damage occurs to the critical areas on the site and surrounding areas during and after completion of the operation. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines, indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; public and private water sources; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance, and existing and abandoned and/or unplugged oil and gas wells. The environmental impact study shall include a map depicting the area of the receiving formation for the injected fluids.
[xix] 
To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an air quality study to the Borough for the injection well site. The study shall be prepared by experts in the field acceptable to the Borough and submitted with the application. The air quality study shall include an analysis of the existing and predicted air quality levels, including smoke, odors, exhaust including from delivery trucks, fumes, dust and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use; or the applicant shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on air quality with an explanation of that analysis.
[xx] 
To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a geological study to the Borough for the injection well site. The study shall be prepared by experts in the field acceptable to the Borough and submitted with the application. The proposed area of the geological study shall be reviewed and approved by the Borough Engineer. The geological study shall include an analysis of the existing geological formations in and surrounding the proposed site, in particular the existence of faults. The study shall also include whether any existing or abandoned and/or unplugged oil and gas wells, private water sources, or mines exist within the proposed site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professional preparing the report regarding the potential geological impact of the proposed use, in particular the potential for seismic activity.
[xxi] 
To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a hydrogeological study to the Borough for the injection well site. The study shall be prepared by a hydrogeologist acceptable to the Borough and submitted with the application. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas that may be affected by the proposed use, map the groundwater table, and analyze and delineate the effects of the proposed use on the hydrology, including surface and groundwater quantity and quality. Acceptance of the study is subject to final approval by the Borough Engineer.
[xxii] 
Prior to beginning any injection well development activities, the applicant shall be responsible for testing soil conditions within 1,500 feet of each injection well site. The purpose of the soil testing is to determine the baseline soil conditions surrounding the proposed injection well site and address resultant changes that may occur or have an impact on the soils of the site and surrounding area. Predevelopment testing results shall be submitted as part of the conditional use application. After operations at the injection well site have begun, the applicant shall be responsible for retesting the soil conditions within 1,500 feet of each injection well site using the same parameters as the predevelopment testing. Postdevelopment testing shall be completed 12 months after operations have begun. The full results shall be submitted to the Borough and PA DEP within 10 days of their receipt by the applicant. The applicant shall be responsible for all costs associated with testing. Testing shall be done by an independent state-certified testing laboratory agreed upon by the Borough.
[xxiii] 
The applicant shall furnish to the Borough a certificate of liability insurance naming the Borough as an additional insured with respect to operations conducted within the Borough, showing proof of liability insurance covering commercial, personal injury, and general liability in amounts not less than $10,000,000 per occurrence. The applicant shall fully defend, protect, release, indemnify, and hold harmless the Borough, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any grossly negligent, willful, or intentional acts of the Borough, its departments, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage, and umbrella coverage.
[xxiv] 
Conditional use approval is nontransferable without consent from the Borough Council and shall automatically terminate, unless extended, if operations have not commenced within one year from the date of issuance of the approval. The conditional use may only be extended by the Borough Council upon written request by the operator. The applicant shall provide proof that the requested conditional use approval for such location has not changed and that the applicant meets all applicable criteria contained in this section.
[m] 
Incorporation of certain performance standards.
[i] 
The operator shall designate that the area to be developed for the well pad and uses accessory thereto within the boundaries of the well pad satisfies the performance standards recited herein that are set forth in the Borough Code:
[A] 
Section 165-56, Emission of offensive odors.
[B] 
Section 165-57, Storage of hazardous materials.
[C] 
Section 165-58, Visible smoke emissions.
[D] 
Section 165-59, Air pollutive emissions.
[E] 
Section 165-63, Activities affecting atmosphere at lot lines.
[F] 
Section 165-64, Vibrations.
[G] 
Section 165-65, Electrical disturbances.
[H] 
Section 165-66, Radioactive emissions.
[n] 
Additional safety regulations.
[i] 
The operator shall install an adequate number of warning signs providing notice of the potential dangers at the perimeter of the well site.
[ii] 
The operator shall install a secured entrance gate to the access road off the public road to prevent illegal access into the well site.
[iii] 
The well site emergency 911 assigned address shall be clearly visible on a sign attached to the access gate.
[iv] 
The sign shall include the well name and DEP permit number, the name of the operator, and the telephone number for at least two persons who may be contacted in case of emergency.
[o] 
Specific standards for accessory uses to a well pad.
[i] 
Access road.
[A] 
The access road is accessory to a well pad and shall service solely the well pad that it is accessory to and any other accessory uses within that well site.
[B] 
Beginning with its intersection with a public street, the access road shall be improved with limestone or other material for 200 feet and be provided with French drains or other necessary improvements, such that no water, sediment, or debris will be carried onto any public street. If any substantial amount of mud, dirt, or other debris is carried onto public or private rights-of-way from the well site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Borough to keep the roads continuously clean.
[C] 
All-weather access roads, suitable to handle emergency equipment, shall be provided to within 50 feet of any structure, improvement, or activity area.
[D] 
The operator shall take necessary safeguards to ensure appropriate dust-control measures are in place.
[E] 
All applicable permits or approvals must be obtained, including access or driveway permits to state, county or Borough roads, construction permits within state, county, or Borough roads, and permits for overweight or oversize loads. Access directly to state roads shall require a PennDOT highway occupancy permit for overweight vehicles. The Borough shall be provided a copy of this and all other applicable permits or approvals.
[F] 
An off-street area within the well site for vehicles to stand while gaining access to and from the well site shall be provided so that the normal flow of traffic on the public street is undisturbed. Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to meet Pennsylvania Code 67 Chapter 441, "Access to and Occupancy of Highways by Driveway and Local Roads," PennDOT Design Manual 2.
[G] 
The operator shall take all 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 the well site, the operator will provide flagmen to ensure the public safety and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
[ii] 
Impoundment. An impoundment is an accessory to a well pad and is located within the boundaries of the well site with the well pad that it services and other accessory uses.
[A] 
An impoundment shall only be used to store fresh water. An impoundment cannot be used to store impaired water.
[B] 
All impoundments shall be surrounded by the fence that is required by this section to surround the entire well site.
[C] 
The operator shall install temporary fall protection fencing meeting OSHA requirements around any freshwater impoundment with a depth greater than two feet.
[D] 
As an accessory to a well pad, the freshwater impoundment shall only be used to service the well pad that it is accessory to and not as a centralized impoundment facility or to service any other well pads.
[iii] 
Reserve pits. The following standards relate to reserve pits:
[A] 
A reserve pit is an accessory to the well pad within the well site where the reserve pit is located, and only cuttings from the well pad that the reserve pit is accessory to may be introduced into the reserve pit.
[B] 
All reserve pits shall comply with all applicable federal and state laws regarding construction, groundwater monitoring and impermeability of liners, including, but not limited to, EPA Regulation 9090 and any regulation that may supersede it.
[C] 
The operator shall install temporary fall protection fencing meeting OSHA requirements around any reserve pit with a depth greater than two feet.
[D] 
The reserve pit shall not be used to store flowback or any other product or by-product of the stimulation process other than drill cuttings. All liquids from flowback shall be stored in sealed tanks and removed from the well site.
[iv] 
Tanks and storage vessels. Any tanks or man-made storage vessels located on the site of an oil and gas well site, whether temporary or permanent:
[A] 
Shall be surrounded by a secondary containment reservoir that is designed and engineered to prevent any leak, spill or release of fluid from the tank from entering into the soil unless the tank is holding only fresh water.
[B] 
Shall be equipped with vapor recovery and/or vapor destruction units.
[C] 
All permanent tanks and storage vessels shall be painted a neutral color.
[v] 
Work trailers. Office and storage trailers, and if a waiver received, bunk trailers:
[A] 
Shall be confined to use in operations at the well site where they are located.
[B] 
Shall not be used for purposes unrelated to the well site.
[p] 
First responder training, spill, leak or release/emergent condition. The operator shall, at its sole cost and expense, provide to emergency responders appropriate site orientation for the specific well pad, with adequate information and ongoing training on dealing with any potential dangerous conditions that may result from the well pad and accessory uses at that the well site and shall be made available at least annually during the period of use of the well pad. The operator shall further identify and discuss with emergency responders the appropriate evacuation protocol. The Borough shall be provided with an updated or revised PPC plan immediately upon approval by the Department of Environmental Protection, and emergency responders should be briefed regarding any changes thereto. In the event of an emergent condition, such as a fire, spill, leak or release:
[i] 
The operator shall contact the appropriate emergency responders and, if necessary, commence any evacuation.
[ii] 
The operator shall take immediate action to contain the emergent condition.
[iii] 
Clean-up operations must begin immediately upon the operator's knowledge that a spill, leak or malfunction occurs.
[iv] 
Notice shall be provided.
[A] 
Immediate. Telephonic notice shall be provided to the Borough immediately upon the occurrence of an emergent condition that results in a call for immediate attention from emergency responders or the Department of Environmental Protection, except for isolated medical issues. In the event that an emergent condition occurs that requires immediate notice to the Borough, the operator shall also provide immediate telephonic notice to the owners/occupants of structures who may be impacted, based on the hydrogeological, thermal and/or airborne emissions studies submitted as part of the application process or proximity to the oil and gas well site, based on risk of catastrophic incident or failure.
[B] 
Within 48 hours. In the event that a spill, leak or release does not necessitate a call for immediate attention, the operator shall provide notice to the Borough within 48 hours of awareness of the spill, leak or release. The operator shall provide notice to the owners/occupants of structures who may be impacted, based on the hydrogeological, thermal and/or emissions studies submitted as part of the application process.
[C] 
Content of notice. The notice provided under this subsection shall identify the date of the spill, leak or release, the time at which the operator became aware of it, a description of the nature of the spill, leak or release (volume, quantity, substances spilled, leaked or released), potential health impacts based on hydrogeological, thermal and emissions studies and a description of the nature and extent of the clean-up effort.
[D] 
Certification. Upon the clean-up of the spill, leak or release, the operator shall send to the Borough and the owners/occupants of structures (impacted and potentially impacted) a certification that the spill, leak or release has been satisfactorily remediated and that there is no health risk.
(b) 
Specific criteria for conditional use approval for a related operation.
[1] 
Specific criteria. In addition to the foregoing general criteria, an operator must demonstrate to the Borough Council that the operator's proposed related operation satisfies the specific, objective criteria of this subsection through its application, through testimony at any hearing and through additional documents entered into evidence at a hearing.
[a] 
Setbacks.
[i] 
A related operation shall be located on one parcel only.
[ii] 
Other than the intersection of the access road with a street or roadway, the entirety of a related operation shall be located at least 50 feet from the ultimate right-of-way of any public or private street. Pipelines shall be permitted to traverse the required setback only where absolutely necessary to transport extracted product off site.
[iii] 
The boundary of a related operation shall be located at least 150 feet from the edge of any watercourse or wetland, and said watercourses and wetlands shall be preserved in a natural and undisturbed state.
[iv] 
The boundary of a related operation shall be located 250 feet from all business structures in the M3 District:
[v] 
The boundary of a related operation shall be located 2,500 feet from a protected structure. No waiver is available for a setback distance from a protected structure.
[vi] 
The boundary of a related operation shall be located 500 feet from any residential structure outside of the M3 District.
[b] 
Noise and sound management.
[i] 
No noise or sound may be emitted from related operations greater than 60 dBA, including blow-down events.
[ii] 
All machinery with moving components (excluding vehicles) shall be housed in a permanent structure with soundproofed walls that is engineered for ventilation that does not involve the opening of windows or doors for ventilation.
[c] 
Vibration.
[i] 
The applicant shall comply with § 165-64 of the Borough Code, Vibrations.
[ii] 
All machinery with moving components shall be securely fixed to a concrete base.
[d] 
Lighting. The operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the related operation so as to attempt to minimize glare on public roads and adjacent buildings.
[i] 
The illumination projected from the related operation shall at no time exceed 0.1 footcandle above the existing lighting level, measured at any property line, at a height of six feet above the ground. (*See Zoning Ordinance, § 165-60.)
[ii] 
All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light or glare onto a neighboring use or property.
[iii] 
The lighting system shall be designed with cutoff luminaries that have a cutoff angle of 60° or less.
[iv] 
After hours of operations or when the site has been fully developed and reclaimed, lighting shall be reduced to the minimum required for safety and security purposes.
[v] 
Glare from gas flaring is considered to be illumination.
[e] 
Screening/visual impact.
[i] 
The related operation shall be located, designed and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance. Care shall be taken to maintain as much natural screening as possible, leaving existing trees and respective root systems undisturbed to the extent possible.
[ii] 
The operator shall not clear brush or trees by way of burning and shall chip, grind or remove all brush, trees, and tree stumps from properties it clears for development purposes.
[iii] 
The location and design of structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area. All permanent facilities shall be painted neutral colors to blend in with the surrounding area.
[f] 
Hours of operation. Except for emergency operations, hours of construction, maintenance, and servicing at a related operation are limited to Monday through Friday, 7:00 a.m. to 7:00 p.m., and not permitted on weekends or legal holidays, as per Section 5.A of the Noise Ordinance of Bell Acres.[3]
[3]
Editor's Note: See Chapter 123, Noise, § 123-14A.
[g] 
External monitoring. In the event that staff will not be on site at the related operation on a twenty-four-hour-per-day basis, the operator shall install sufficient technologic equipment so as to enable the operator to monitor all systems at the related operation electronically from a remote location.
[h] 
Roadway maintenance and repair agreement. The operator of the related operation shall execute a roadway maintenance and repair agreement with the Borough and post a bond at the paved highway rate in favor of the Borough and in a form acceptable to the Borough prior to beginning any work on a drill site. The roadway maintenance and repair agreement shall require the operator to conduct an inventory, analysis, and evaluation of existing conditions on Borough roads along the proposed transportation route, including photography, video and core boring as determined to be necessary by the Borough Engineer. The Borough roadway maintenance and repair agreement will identify the responsibilities of the operator to prepare, maintain, and repair Borough roads before, during, and immediately after construction associated with the related operation. The operator shall take all necessary corrective action and measures as directed by the Borough pursuant to the agreement.
[i] 
No leisure/sleeping accommodations. There shall be no sleeping or leisure accommodations at a related operation.
[j] 
On-site storage.
[i] 
No materials or equipment shall be stored at the related operation that is not essential to the everyday operation of the related operation.
[ii] 
Junk, refuse, trash, or abandoned material shall not be disposed of on site. All refuse stored on site for final off-site disposal shall be indoors or in a dumpster or other permitted enclosure.
[iii] 
It shall be illegal for any person, owner, or operator to park or store any vehicle or item of machinery on any street, right-of-way or in any driveway, alley, or upon any operation or drilling site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except that equipment which is necessary for the maintenance of the related operation.
[k] 
Fencing standards. The related operation shall be completely enclosed by fencing.
[i] 
The fence fabric shall be at least six feet in height.
[ii] 
Support posts shall be set in concrete and shall be embedded into the ground to a depth sufficient to maintain the stability of the fence. Temporary fence posts shall not be required to be set in concrete.
[iii] 
The chain-link fabric shall be galvanized steel wire with a minimum plating of 1.2 ounces of zinc per square foot of surface area or shall be coated with vinyl or plastic material, approved by the Borough Building Inspector.
[iv] 
The chain-link fence fabric shall have a minimum thickness of 11-gauge and be of dark green or black chain-link construction.
[v] 
The chain-link fabric shall be two-inch mesh; provided, however, that three-and-one-half-inch mesh may be used on any fence where the fabric is interwoven with artificial screening material approved by the Borough Building Inspector.
[vi] 
Post and rail shall be standard galvanized, welded pipe, Schedule 40 or thicker.
[vii] 
All pipe and other ferrous parts, except chain-link fabric and drill pipe, shall be galvanized with a plating which contains a minimum of 1.2 ounces of zinc per square foot of surface area.
[viii] 
Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have a minimum thickness of 1/4 by 3/4 inch.
[ix] 
All fences shall have security extension arms at the top of such fences, and such security extension arms shall be strung with galvanized barbed wire.
[l] 
Secured entrance gate standards. For all points of ingress and egress to the related operations, the chain-link fence gate shall meet the following specifications:
[i] 
Each gate opening shall be not less than 14 feet wide and be composed of two gates, each of which is not less than seven feet wide, or one sliding gate not less than 14 feet wide. If two gates are used, gates shall latch and lock in the center of the span.
[ii] 
The gates shall be of black or dark green chain-link construction that meets the applicable specifications, or of other approved material that, for safety reasons, shall be at least as secure as the chain-link fence.
[iii] 
The gates shall be provided with a Knox-Box® rapid entry system and shall be kept locked except when being used for access to the site.
[iv] 
Hinges shall be heavy-duty malleable iron or steel industrial service type with a one-hundred-eighty-degree swing.
[v] 
Structures. Structures located at related operations, including, but not limited to, pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, 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 Zoning Officer.
[m] 
Specific standards for accessory uses to a related operation.
[i] 
Access road.
[A] 
The access road is accessory to a related operation and shall service solely the related operation that it is accessory to and any other accessory uses within the limits of the related operation.
[B] 
Beginning with its intersection with a public street, the access road shall be improved with limestone or other material for 200 feet and be provided with French drains or other necessary improvements, such that no water, sediment, or debris will be carried onto any public street. If any substantial amount of mud, dirt, or other debris is carried onto public or private rights-of-way from the related operation, the operator shall immediately clean the roads and implement a remedial plan as directed by the Borough to keep the roads continuously clean.
[C] 
All-weather access roads, suitable to handle emergency equipment, shall be provided to within 50 feet of any structure, improvement, or activity area.
[D] 
The operator shall take necessary safeguards to ensure appropriate dust-control measures are in place.
[E] 
All applicable permits or approvals must be obtained, including access or driveway permits to state, county or Borough roads, construction permits within state, county, or Borough roads, and permits for overweight or oversize loads. Access directly to state roads shall require a PennDOT highway occupancy permit for overweight vehicles. The Borough shall be provided a copy of this and all other applicable permits or approvals.
[F] 
An off-street area within the related operation for vehicles to stand while gaining access to and from the related operation shall be provided so that the normal flow of traffic on the public street is undisturbed. Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to meet Pennsylvania Code 67, Chapter 441, "Access to and Occupancy of Highways by Driveway and Local Roads," PennDOT Design Manual 2.
[G] 
The operator shall take all 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 the related operation, the operator will provide flagmen to ensure the public safety and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
[ii] 
Tanks and storage vessels. Any tanks or man-made storage vessels located on the site of a related operation, whether temporary or permanent:
[A] 
Shall be surrounded by a secondary containment reservoir that is designed and engineered to prevent any leak, spill or release of fluid from the tank from entering into the soil unless the tank is holding only fresh water.
[B] 
Shall be equipped with vapor recovery and/or vapor destruction units.
[C] 
All permanent tanks and storage vessels shall be painted a neutral color.
[n] 
Incorporation of certain performance standards.
[i] 
The operator shall designate that the related operation satisfies the performance standards recited herein that are set forth in the Borough Code:
[A] 
Section 165-56, Emission of offensive odors.
[B] 
Section 165-57, Storage of hazardous materials.
[C] 
Section 165-58, Visible smoke emissions.
[D] 
Section 165-59, Air pollutive emissions.
[E] 
Section 165-63, Activities affecting atmosphere at lot lines.
[F] 
Section 165-65, Electrical disturbances.
[G] 
Section 165-66, Radioactive emissions.
[o] 
Additional safety regulations.
[i] 
The operator shall install an adequate number of warning signs providing notice of the potential dangers at the perimeter of the related operation.
[ii] 
The operator shall install a secured entrance gate to the access road off the public road to prevent illegal access into the related operation.
[iii] 
The related operation emergency 911 assigned address shall be clearly visible on a sign attached to the access gate.
[iv] 
The sign shall include the DEP permit number, name of the operator, and the telephone number for at least two persons who may be contacted in case of emergency.
[p] 
First responder training, spill, leak or release/emergent condition. The operator shall, at its sole cost and expense, provide to emergency responders appropriate site orientation for the specific related operation, with adequate information and ongoing training on dealing with any potential dangerous conditions that may result from the related operation and accessory uses and shall be made available at least annually during the period of use of the related operation. The operator shall further identify and discuss with emergency responders the appropriate evacuation protocol. The Borough shall be provided with an updated or revised PPC plan immediately upon approval by the Department of Environmental Protection, and emergency responders should be briefed regarding any changes thereto. In the event of an emergent condition, such as a fire, spill, leak or release:
[i] 
The operator shall contact the appropriate emergency responders and, if necessary, commence any evacuation.
[ii] 
The operator shall take immediate action to contain the emergent condition.
[iii] 
Clean-up operations must begin immediately upon the operator's knowledge that a spill, leak or malfunction occurs.
[iv] 
Notice shall be provided:
[A] 
Immediate. Telephonic notice shall be provided to the Borough immediately upon the occurrence of an emergent condition that results in a call for immediate attention from emergency responders or the Department of Environmental Protection, except for isolated medical issues. In the event that an emergent condition occurs that requires immediate notice to the Borough, the operator shall also provide immediate telephonic notice to the owners/occupants of structures who may be impacted, based on the hydrogeological, thermal and/or airborne emissions studies submitted as part of the application process or proximity to the related operation, based on risk of catastrophic incident or failure.
[B] 
Within 48 hours. In the event that a spill, leak or release does not necessitate a call for immediate attention, the operator shall provide notice to the Borough within 48 hours of awareness of the spill, leak or release. The operator shall provide notice to the owners/occupants of structures who may be impacted, based on the hydrogeological, thermal and/or emissions studies submitted as part of the application process.
[C] 
Content of notice. The notice provided under this subsection shall identify the date of the spill, leak or release, the time at which the operator became aware of it, a description of the nature of the spill, leak or release (volume, quantity, substances spilled, leaked or released), potential health impacts based on hydrogeological, thermal and emissions studies and a description of the nature and extent of the clean-up effort.
[D] 
Certification. Upon the clean-up of the spill, leak or release, the operator shall send to the Borough and the owners/occupants of structures (impacted and potentially impacted) a certification that the spill, leak or release has been satisfactorily remediated and that there is no health risk.
G. 
Additional municipal permits and approvals.
(1) 
Conditional use approval of a well pad and/or related operation under this section relates to zoning approval only. After obtaining zoning approval hereunder, the operator shall make application for and receive approval of the following permits as provided for in the Borough Code of the Borough of Bell Acres, and subject to all requirements and obligations of such permits:
(a) 
Subdivision and land development.
(b) 
Grading permit.
(c) 
Building permit.
(d) 
Occupancy permit.
H. 
Extent, duration and nontransferability of approval for well pads and related operations.
(1) 
Conditional use approval for a well pad.
(a) 
Conditional use approval for a well pad shall encompass and be limited to only the information presented by the operator to the Borough Council, such as size and location of the well pad and any accessory uses thereto, the number of wells on the well pad that the operator has made application for or received from the Department of Environmental Protection, the existence and size of any accessory uses to the well pad within the well site, and the physical limits of the well site.
(b) 
In the event that the operator modifies any aspect(s) of the well site that was (were) presented to the Borough Council through the conditional use process after approval is obtained, the operator shall make application to the Borough Council for conditional use approval for the aspect(s) of the well site that are proposed to be changed.
(c) 
Conditional use approval shall be valid for a period of one year after the date of approval. If the operator does not commence activities to begin construction of the land use that the approval was received for in this time period, the approval shall expire automatically on the one-year anniversary of the date of approval.
(d) 
Conditional use approval is not transferable without the approval of the Borough Council of the Borough of Bell Acres, which shall be granted upon the transferee providing to the Borough all of the relevant materials that would be required for approval of the land use, to the extent that they differ from materials already submitted to the Borough by the operator.
(e) 
Any suspension or revocation of permits by the Department of Environmental Protection or other regulatory body shall be reported to the Borough and shall constitute a violation of Borough zoning approval and may result in the suspension or revocation of zoning approval within one day.
(2) 
Conditional use approval for a related operation.
(a) 
Conditional use approval for a related operation shall encompass and be limited to only the information presented by the operator to the Borough Council, such as size and location of the related operation, the number of compressor engines, the type of compressor engines, and the horsepower of compressor engines that the operator has made application for or received from the Department of Environmental Protection.
(b) 
In the event that the operator modifies any aspect(s) of the related operation that was presented to the Borough Council through the conditional use process after approval is obtained, the operator shall make application to the Borough Council for conditional use approval for the aspect(s) of the related operation that are proposed to be changed.
(c) 
Conditional use approval shall be valid for a period of one year after the date of approval. If the operator does not commence activities to begin construction of the land use that the approval was received for in this time period, the approval shall expire automatically on the one-year anniversary of the date of approval.
(d) 
Conditional use approval is not transferable without the approval of the Borough Council of the Borough of Bell Acres, which shall be granted upon the transferee providing to the Borough all of the relevant materials that would be required for approval of the land use, to the extent that they differ with materials already submitted to the Borough by the operator.
(e) 
Any suspension or revocation of permits by the Department of Environmental Protection or other regulatory body shall be reported to the Borough and shall constitute a violation of Borough zoning approval and may result in the suspension or revocation of zoning approval within one day.
I. 
Conduct of conditional use hearings.
(1) 
Upon the submission of an administratively complete application and accompanying payment for any land use identified herein as a conditional use, Bell Acres Borough shall schedule a public hearing regarding the application. The hearing(s) may be continued from time to time as allowed in the Pennsylvania Municipalities Planning Code.[4] The Borough Council reserves the right to and may continue a hearing so as to be able to evaluate any written submissions by an operator and/or party in opposition to the application and to examine the party regarding the same during a hearing.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
J. 
Inspection and enforcement.
(1) 
The Borough Zoning Officer, Code Enforcement Officer or other designee appointed for the purpose of ensuring compliance with the Borough's ordinances, including this section, shall have the right to access and enter all well sites and related operations for the purposes of inspection of conformity with zoning approval. The operator of the well site or related operation may require the representative of the Borough to adhere to basic safety requirements while present at the well site or related operation, but such requirements shall not be more onerous or intensive than imposed on the Department of Environmental Protection.
K. 
Penalties.
(1) 
Any owner, operator or other person who violates or permits a violation of this section, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, shall pay to the Borough a fine of not more than $600, plus all court costs, including, but not limited to, reasonable attorneys' fees incurred by the Borough on account of such violation and in enforcing this section. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected as a judgment by the Borough without further judicial proceedings. Further, the appropriate officers or agents of the Borough are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond shall be required of the Borough if the Borough seeks injunctive relief.
L. 
Savings and repealer.
(1) 
All ordinances or parts of ordinances pertaining to the subjects covered by this section shall remain in full force and effect, except to the extent to which they are inconsistent herewith, in which case this section shall control, but it is intended that the provisions of § 165-27 of the Borough Code of the Borough of Bell Acres are repealed and replaced by this section. The provisions of this section shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances.
(2) 
If any section, subsection, sentence, clause or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The Borough Council hereby declares that it would have passed this section, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
M. 
Effective date. This section shall become effective in accordance with applicable law.
[1]
Editor's Note: Former § 165-27, Institutional and recreational use regulations, was repealed 11-11-2002 by Ord. No. 226. See now § 165-26, Standards for specific uses.
[1]
Editor's Note: Former § 165-28, Office use regulations, was repealed 11-11-2002 by Ord. No. 226. See now § 165-26, Standards for specific uses.
[1]
Editor's Note: Former § 165-29, Retail and consumer service use regulations, was repealed 11-11-2002 by Ord. No. 226. See now § 165-26, Standards for specific uses.
[1]
Editor's Note: Former § 165-30, Industrial use regulations, was repealed 11-11-2002 by Ord. No. 226. See now § 165-26, Standards for specific uses.
The following accessory uses are permitted where indicated in § 165-24G, subject to the district requirements and any other applicable requirements of the Borough's ordinances.
A. 
Home occupation: an activity for gain customarily carried on in a dwelling or in a building or structure accessory to a dwelling, clearly incidental and secondary to the use of the dwelling.
(1) 
A home occupation includes but shall not be limited to the following uses:
(a) 
Teaching of not more than four pupils simultaneously or, in the case of musical instruction, not more than two pupils at a time.
(b) 
An art studio.
(c) 
Seamstress, handicrafts or other like activity.
(d) 
Barbershop and beauty parlor, limited to serving two patrons at a time.
(e) 
A greenhouse.
(f) 
The office of a realtor, insurance salesman, physician, lawyer, clergyman, teacher or other like profession.
(2) 
A home occupation shall conform to the following regulations:
(a) 
The home occupation shall be carried on wholly indoors and within a dwelling or other structure accessory thereto. If carried on as an accessory structure, the minimum lot area shall be two acres.
(b) 
There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients other than a home occupation announcement sign as permitted in Article VI.
(c) 
There shall be no exterior storage of materials.
(d) 
No articles shall be sold or offered on the premises for sale except such as may be produced on the premises.
(e) 
Frequent and repetitive servicing by commercial vehicles for supplies and materials shall not be permitted.
(f) 
The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure, excluding garage.
(g) 
In the case of an accessory office, not more than two employees, assistants or associates, in addition to the resident practitioner, shall be employed on the premises.
(h) 
No external alterations shall be made which involve construction features not customary to dwellings.
(3) 
There shall be two off-street parking spaces in addition to spaces otherwise required plus one space for each employee, assistant or associate.
B. 
Residential accessory buildings, uses and structures.
[Amended 11-11-2002 by Ord. No. 226; 11-9-2020 by Ord. No. 305]
(1) 
Residential accessory buildings, accessory uses, and accessory structures, including but not limited to:
(a) 
Parking spaces for the parking of passenger automobiles and the parking of commercial vehicles, not exceeding three-fourths-ton capacity, within a completely enclosed and detached accessory building.
(b) 
Accessory structures.
(c) 
Accessory buildings such as storage sheds, pool houses, private greenhouses, detached garages, detached carports, pavilions, gazebos and farm buildings when relative to farming activity.
(d) 
Accessory buildings may be used for living purposes for the following persons:
[1] 
Caretaker(s) working on the premises.
[2] 
Not more than two individuals related by blood, foster relationship, marriage, or adoption to the property owner.
[3] 
Occasional gratuitous guests of the owners. Guests may live in the accessory building for not more than 30 days in any twelve-month period.
Accessory buildings used for living purposes must comply with the Pennsylvania Uniform Construction Code and must have connection to public sewer or utilize an on-lot system approved by the Allegheny County Health Department.
(e) 
Recreational facilities such as tennis courts, paddle tennis platforms and swimming pools. (Lighting for such facilities shall not produce glare beyond the property lines.
[Amended 6-14-2021 by Ord. No. 306]
(f) 
Satellite receiving dishes.
(g) 
Accessory buildings are not permitted in required front yards, except as allowed as a conditional use pursuant to § 165-41.
(h) 
The quantity of accessory buildings on any lot shall not exceed one each of any type of accessory building on a single lot.
(i) 
An attached building must have five feet or more of a shared wall in order to be considered an addition to a principal building. Buildings connected to the principal building by means of a breezeway, deck or similar connection shall not be considered attached to the principal building and shall be subject to accessory building requirements.
(j) 
Accessory buildings shall not be used for commercial purposes, unless a conditional use approval for a home occupation is obtained.
(k) 
An accessory building shall not be larger in area than the area of the footprint of the principal building.
(l) 
The maximum height of accessory buildings shall be one story and shall not exceed 20 feet.
(m) 
Subject to Subsection B(1)(k) above, the maximum gross building area of any accessory building shall be related to the area of the residential lot, as follows:
Area of Residential Lot
(square feet)
Maximum Gross Building Area of Accessory Building
(square feet)
Less than 10,000
400
10,001 to 20,000
600
20,001 to 40,000
800
More than 40,000
1,000
Subject to Subsection B(1)(k) above, an accessory building can exceed the maximum gross building area requirements above, if the residential lot is over five acres and the accessory building is located at least 200 feet from any property line or street line.
For purposes of this subsection only, gross building area of the accessory building shall be the total area of lot coverage for all parts of the building or structure including, but not limited to, overhangs, bump outs, steps, stoops and roofs.
(n) 
Accessory buildings shall be subject to minimum front yard, side yard and rear yard setbacks as set forth in §§ 165-41, 165-45 and 165-48.
C. 
Commercial accessory building: accessory buildings or structures or uses customarily incidental to the uses permitted in all districts in connection with such uses, except outside storage. This use must meet the following requirements:
(1) 
Parking shall conform to the requirements of the most closely related use in §§ 165-25 through 165-31.
D. 
Commercial outside storage or display. This use must meet the following requirements:
(1) 
Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, subject to the following additional provisions:
(a) 
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use and no required parking areas shall be occupied by outside storage or display.
(b) 
Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.
(c) 
Outside storage and display areas shall be shielded from view from the public streets and adjacent lots.
(2) 
Uses requiring more substantial amounts of land area for storage or display may be exempt from the provisions of Subsection D(1)(b) and (c) above when granted as a conditional use. Such uses shall be subject to the following additional provisions:
(a) 
In particular, uses appropriate for consideration under this provision include but are not limited to nurseries (§ 165-25B), lumberyards (§ 165-29M) automotive sales (§ 165-29R) and truck sales (§ 165-30F).
(b) 
Among the uses that shall not be considered appropriate for inclusion under this provision are retail stores (§ 165-29A), repair shops (§ 165-29G), gasoline service stations (§ 165-29O) vehicle repair and inspection (§ 165-29Q) wholesale business and storage (§ 165-30C), contractors' offices and shops (§ 165-30E) and crafts (§ 165-30G).
(3) 
Parking: none.
E. 
Private use helipad.
[Amended 11-11-2002 by Ord. No. 226]
(1) 
A private use helipad shall be located at least 500 feet from any property line or public street.
(2) 
Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation, Bureau of Aviation shall be submitted.
(3) 
The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private use helipad.
(4) 
The use of the helipad shall be limited to helicopters owned by the landowner.
(5) 
Maintenance of the helicopter, other than emergency maintenance, and permanent storage of the helicopter shall not be permitted on the private use helipad.
(6) 
Storage of fuel at the private use helipad shall not be permitted.
(7) 
Clear areas for emergency landings of the helicopter in the event of mechanical failure on approach or departure shall be provided. These emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane from the private use helipad.
(8) 
The operation of the private use helipad shall comply with the noise standards of § 165-61.
F. 
A private swimming pool. No such swimming pool shall be allowed in any district except as an accessory use and shall comply with the following conditions and requirements:
(1) 
The pool is intended and is to be used solely for the health and enjoyment of the occupants of the principal use of the property on which it is located and their friends and guests.
(2) 
The pool shall not be operated nor used for a revenue-producing enterprise.
(3) 
Since a pool is classified as an accessory, the pool, including walks, paved areas, fences, bathhouse, pump house and similar structures, shall not be located closer to any other lot line than those distances specified as minimum rear and side yard requirements listed in the use regulation tables for each respective district, as set forth in Article III.
(4) 
No such swimming pool shall be constructed until a building and zoning permit for the same shall have been applied for and issued, the application for which shall be accompanied by plans in duplicate, setting forth the following information and complying with the following requirements:
(a) 
Plot plan.
(b) 
Pool dimension, depth and volume in gallons.
(c) 
Type and size of filter system, filtration and backwash capacities.
(d) 
Pool piping layout with all pipe sizes shown and type of material.
(e) 
The pool pump capacity.
(f) 
Waste disposal system.
(g) 
Fencing which shall comply with the PA Uniform Construction Code and other fence regulations in this chapter.
[Amended 6-14-2021 by Ord. No. 306]
(h) 
Lights used to illuminate any such pool or the deck thereof shall be so arranged and shaded as to reflect light away from adjoining premises and public streets.
G. 
Satellite dish antennas. The following provisions shall govern the location, size, height and development standards for satellite dish Antennas as defined in this chapter.
(1) 
In any residential zoning district or any mixed use district ground-mounted satellite dish antennas up to 12 feet in diameter may be permitted subject to the following criteria:
(a) 
All installations must comply with all accessory use, yard, height, bulk, and setback requirements specified within the respective zoning district. However, in no case shall installations be located in front yards or within 15 feet of side lot and rear lot property lines.
(b) 
All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.
(c) 
All installations shall employ (to the extent possible) materials and colors that blend with the surroundings.
(d) 
All installations must include screening treatments located along the antenna's nonreception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base. Such treatment should completely enclose the antenna and shall provide a number of plant units consistent with § 165-55C.
(e) 
All applications for building permits must include certification by a registered engineer that the proposed installation complies with those standards listed in Sections 621.0 and 622.0 of the 1990 BOCA National Building Code.
(2) 
In any residential zoning district or any mixed use district, roof-mounted satellite dish antennas up to 12 feet in diameter may be permitted by conditional use subject to the following criteria:
(a) 
Demonstration by the applicant that compliance with Subsections G(1)(a) and (b) would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.
(b) 
The height of the proposed installation does not exceed the maximum height restriction imposed upon primary uses within the district.
(c) 
All applications must include certification by a registered engineer that the proposed installation complies with those standards listed in Sections 621.0 and 622.0 of the 1990 BOCA National Building Code. Furthermore, written documentation of such compliance, including load distributions within the building's support structure shall be furnished.
(d) 
Those criteria relating to all conditional uses listed in Article X of this chapter shall apply.
(3) 
In any mixed use or industrial zoning district, ground-mounted satellite dish antennas up to 12 meters in diameter may be permitted subject to the following criteria:
(a) 
All primary use installations or accessory use installations that abut land zoned for residential purposes shall comply with the principal setback requirements specified within the underlying district. All accessory use installations not abutting residentially zoned land shall comply with the district's accessory use setbacks.
(b) 
All installations shall comply with the maximum height restrictions imposed upon primary uses.
(c) 
All installations exceeding 12 feet in diameter shall be screened from any adjoining residentially zoned land in accordance with the provisions of Subsection A(4) such screening can be waived if the antenna is set back a distance at least five times its diameter from the residentially zoned parcel.
(d) 
All applications for building permits must include certification by a registered engineer that the proposed installation complies with those standards listed in Sections 621.0 and 622.0 of the 1990 BOCA National Building Code.
(e) 
All accessory use installations shall be located within those yards specified for other accessory uses within the District.
(4) 
In any M or Industrial Zoning District, roof-mounted satellite dish antennas up to 12 meters in diameter may be permitted by conditional use subject to the following criteria:
(a) 
Demonstration by the applicant that compliance with the applicable yard, setback, and height restrictions would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the applicant's control.
(b) 
The height of the proposed installation does not exceed the maximum height restriction imposed for primary uses within the district.
(c) 
All applications must include certification by a registered engineer that the proposed installation complies with those standards listed in Sections 621.0 and 622.0 of the 1990 BOCA National Building Code. Furthermore, written documentation of such compliance, including load distributions within the building's support structure, shall be furnished.
(d) 
Those criteria relating to all conditional uses listed in Article X of this chapter shall apply.
H. 
Antennas other than satellite dish antennas.
(1) 
In any zoning district other than a residential district, roof-mounted accessory antennas of any type may be erected on the roof of the principal building to a maximum height of 35 feet above the maximum height of the building on which it is located.
(2) 
In any residential district, roof-mounted accessory antennas not including satellite dish antennas may be erected on the roof of the principal building to a maximum height of 12 feet above the maximum height of the building on which it is located.
(3) 
In any zoning district one permanent, extendable, retractable or telescoping ground-mounted tower, mast or support and accompanying antenna that is accessory to a permitted or conditional use may be erected to a maximum height of 70 feet above established grade, provided that said antenna may only be located in a side or rear yard a minimum of 15 feet from any lot line.
I. 
Logging operations: See Ch. 118.
[Amended 11-11-2002 by Ord. No. 226; 7-13-2020 by Ord. No. 301]
J. 
Personal wind energy system. Personal wind energy systems shall be subject to all of the following requirements:
[Added 8-9-2010 by Ord. No. 261]
(1) 
Land development application submittal and approval must also be obtained from Borough Council.
(2) 
The personal wind energy system shall be accessory to an existing principal structure located on the same lot.
(3) 
Only one personal wind energy system shall be permitted on a lot.
(4) 
The minimum lot area required to install a personal wind energy system shall be two acres.
(5) 
Personal wind energy systems shall not be located within the minimum required front yard nor shall they be located in front of the principal structure.
(6) 
Roof-mounted personal wind energy systems shall not be permitted.
(7) 
The personal wind energy system shall be set back from all property lines, public street rights-of-way and aboveground utility lines a distance equal to 150% of the height of the wind energy system, as defined herein.
(8) 
The maximum height of the wind energy system, as defined by this chapter, shall be 40 feet.
(9) 
The applicant shall provide evidence that the proposed height of the personal wind energy system does not exceed the height recommended by the manufacturer or distributor of the system.
(10) 
The applicant shall provide a site-specific wind assessment to document that the proposed location will be effective in providing adequate quality and quantities of wind.
(11) 
All personal wind energy systems shall be self-supporting. No guy-wire-supported structures will be permitted.
(12) 
Standard installation drawings shall be submitted showing the wind turbine structure, including the tower, the base, and the footings. An engineering analysis of the tower showing compliance with the Uniform Construction Code and certified by a licensed professional engineer shall be provided. This analysis may be provided by the manufacturer.
(13) 
The application shall be accompanied by a line drawing of the electrical components in sufficient detail to determine compliance with the National Electrical Code. This information may be supplied by the manufacturer.
(14) 
The applicant shall comply with all applicable regulations of the Pennsylvania Public Utility Commission governing generation of electricity for private use and shall provide evidence that they have notified the applicable utility company of their intent to install a personal wind energy system.
(15) 
The personal wind energy system generators and alternators shall be constructed so as to prevent the emission of radio and television signals. The applicant shall correct any signal disturbance problem identified after initiation of the operation within 90 calendar days of identification.
(16) 
The minimum clearance between the ground and any protruding blades utilized on a personal wind energy system shall be 15 feet measured at the lowest point of the area of the blades.
(17) 
The maximum length (radius) of a blade shall be six feet.
(18) 
The personal wind energy system supporting tower and any related equipment shall be enclosed by a six-foot-high fence. Fencing of the entire property on which the personal wind energy system is located shall not be acceptable to demonstrate compliance with this requirement. Shrub buffering may also be required as deemed required by Borough Council or the Borough Planning Commission.
(19) 
The applicant shall submit evidence of certification of the proposed personal wind energy system by the Small Wind Certification Council.
(20) 
Personal wind energy systems shall comply with all applicable requirements of the Federal Aviation Administration (FAA).
(21) 
Personal wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA).
(22) 
No tower shall have any sign, writing, or picture that may be construed as advertising.
(23) 
The applicant shall perform a Pennsylvania Natural Density Inventory (PNDI) Search as administered by the Pennsylvania Natural Heritage Program and shall submit the results of the search with the conditional use application.
(24) 
Appropriate warning signage regarding electrical or other hazards shall be placed on the wind turbine towers and electrical equipment.
(25) 
All wind turbines shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, or excessive pressure on the tower structure, rotor blades, and turbine components.
(26) 
Personal wind energy systems shall have a nonreflective, painted steel finish in a neutral color to reduce the visual impact.
(27) 
Personal wind energy system towers shall not be climbable for a distance up to 15 feet above ground level.
(28) 
All wiring shall be underground.
(29) 
Noise generated by personal wind energy systems shall be compliant with the Borough of Bell Acres Noise Ordinance.[1]
[1]
Editor's Note: See Ch. 123, Noise.
(30) 
A personal wind energy system that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner pursuant to an enforcement notice issued by the Zoning Officer.
K. 
Animal husbandry.
[Added 8-9-2021 by Ord. No. 307]
(1) 
Keeping or raising livestock other than domestic fowl is permitted only subject to the following specifications:
(a) 
The minimum lot size for keeping large livestock like horses, cows, pigs, alpacas or llamas shall be five acres. The minimum lot area for keeping large livestock shall not be less than two acres of pasture per grazing animal or two acres of land area per nongrazing animal.
(b) 
The minimum lot size for keeping small livestock like miniature horses, goats, sheep and large birds shall be five acres. The minimum lot area for keeping small livestock shall not be less than 1/2 (0.5) acre of pasture per grazing animal or 1/2 (0.5) acre of land area per nongrazing animal.
(c) 
Storage of manure, odor or dust producing substances shall be at least 200 feet from any property line, and at least 100 feet from environmentally sensitive areas, to include, but not be limited to, streams, wetlands, ponds, spring seeps and private water sources. The owner is encouraged to take steps to avoid leaching of manure into surface and groundwater resources, including, but not limited to, streams, wetlands, ponds, or spring seeps.
(d) 
Any building used for the keeping, raising or feeding of livestock shall be located at least 200 feet from any street line and from any adjacent landowner's well or dwelling and not less than 100 feet from the landowner's well or property line.
(e) 
The raising of garbage-fed pigs is not permitted.
(f) 
Grazing and pasture areas for livestock shall be adequately fenced.
(g) 
Compliance with applicable best management practices (BMPs), such as those set forth by the Penn State Extension, pertaining to the keeping and raising of livestock is encouraged.
(2) 
Keeping or raising domestic fowl is permitted only subject to the following specifications:
(a) 
The minimum lot size for keeping of domestic fowl shall be 0.75 acre.
(b) 
The keeping of roosters is prohibited.
(c) 
The maximum number of domestic fowl that may be kept shall be based on the following minimum lot sizes:
0.75 acre - 6
1.00 acre - 7
1.50 acres - 9
2.00 acres - 11
3.00 acres - 15
4.00 acres - 19
5.00 acres and greater - no more than 24
(d) 
Chicken runs, pens, coops, and henhouses shall all be considered accessory buildings or structures and shall be subject to the location, setback, area and heights standards of § 165-31B except in addition to these standards the accessory buildings or structures shall be located at least 55 feet from any existing principal building on an adjoining lot.
(e) 
Domestic fowl shall be confined to the owner's property.
(f) 
No external illumination of the exterior of coops or henhouses shall be permitted.
(g) 
Chicken runs, pens, coops, and henhouses shall be kept in a clean, dry, odor-free, neat, and sanitary condition at all times. The owner of any domestic fowl must take all reasonable action necessary to reduce the attraction of predators and rodents and the potential infestation of insects or parasites, which shall include keeping all structures and the surrounding area free from trash and accumulated droppings and by not allowing uneaten feed to amass.
(h) 
Compliance with applicable best management practices (BMPs), such as those set forth by the Penn State Extension, pertaining to the keeping and raising of domestic fowl is encouraged.