A.
Conditional uses are to be allowed or denied by Council pursuant
to public notice and hearing and recommendations by the Planning Commission
and pursuant to expressed standards and criteria set forth for a particular
use listed under this article.
B.
In allowing a conditional use, Council may attach such reasonable
conditions and safeguards, in addition to those expressed herein,
as it may deem necessary to implement the purpose of this chapter.
Council shall hear and decide requests for conditional uses
in accordance with the provisions of this article. However, it shall
not approve a conditional use unless and until:
A.
A written application for development for a conditional use is submitted
to the office of the Zoning Officer no less than 18 working days prior
to the regular monthly meeting of the Planning Commission. The application
shall indicate the section of this article under which the conditional
use is sought and shall state the grounds upon which it is requested.
In addition, the application for a conditional use shall include the
following:
(1)
Five copies of a conditional use site plan; an assessment of
the impact of the proposed development on the natural environment
(geology, topography, soils, hydrology, vegetation, wildlife, air
quality) and cultural environment (lot use, utilities, population,
economics, services, historic assets); and a landscaping plan.
B.
The required fees are paid.
Conditional use approval shall expire automatically without
written notice to the applicant if no application for subdivision,
zoning approval for occupancy and use or a grading or building permit
to undertake the work described in the conditional use approval has
been submitted within 12 months of said approval, unless Council,
in its sole discretion, extends the conditional use approval upon
written request of the applicant received prior to its expiration.
The maximum extension permitted shall be one twelve-month extension.
Council shall consider whether proposed modifications in any
of the requirements of this chapter for each zoning district contained
in an application for development for a conditional use will make
for a more efficient, attractive and harmonious conditional use. If
such modifications, in the judgment of Council, constitute a more
beneficial use of the site than provided for under the requirements
of the zoning district in which the site of the conditional use is
located, Council, in its sole discretion, may grant the modifications
for less strict requirements. However, no modification shall be granted
for the following:
A.
Density for the conditional use shall not exceed that density permitted
in the zoning district in which the conditional use site is located.
B.
All common areas shall be reserved as permanent open space, except
where structures are required to fulfill the educational, cultural,
recreational or civic pursuits of the residents of the conditional
use.
Council shall grant a conditional use only if it finds adequate
evidence that any proposed development will meet all of the following
general requirements as well as any specific requirements and standards
set forth for a particular use listed under this article.
A.
Council shall, among other things, require that any proposed use
and location be:
(1)
Consistent with the spirit, purposes and the intent of this
chapter.
(2)
In the best interest of Oakmont, the convenience of the community,
the public welfare and be a substantial improvement to the property
in the immediate vicinity.
(3)
Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
B.
The conditional use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards in Article XI herein.
C.
The conditional use shall organize vehicular access and parking to
minimize traffic congestion. Council shall not approve a use in areas
where a traffic engineering study prepared by registered engineer
specially certified in traffic planning or engineering indicates that
a proposed use or structure will burden existing traffic so as to
enhance the danger and congestion in travel and transportation and
increase the number of accidents unless the owner or applicant agrees
to provide such traffic improvements as determined by the study.
D.
The landowner and/or developer shall have the burden of providing
evidence to Oakmont of compliance with the general requirements of
this section and the specific requirements of this article.
E.
The Borough Planning Commission and/or Council may attach additional
conditions pursuant to this section, in order to protect the public's
health, safety, and welfare. These conditions may include but are
not limited to increased setbacks.
A.
Any single-family dwelling occupied by a family whose members are
related by blood, marriage or adoption may also accommodate not more
than two individual boarders, who also take meals in the dwelling,
or two individual roomers, who do not take meals there.
B.
Any single-family dwelling occupied by a family and containing no
boarders or roomers may also accommodate foster persons, placed by
court order.
C.
There shall be at least two means of egress from each floor in the
structure.
D.
One parking space shall be provided on the premises for each guest
sleeping room plus three spaces per dwelling on premises.
E.
Off-street parking in a front yard shall not be permitted except
in a driveway.
F.
For new conversions, floor plans shall be reviewed and approved by
the Borough.
A.
The applicant of said use shall file a detailed statement of intent
with the Council describing the proposed use. The statement shall
identify how said use satisfies a demonstrative need and shall be
conducted in a responsible manner without detriment to the surrounding
lots and neighborhood.
B.
Twenty-four-hour supervision of residents by a facility employee
approved by the Pennsylvania Department of Public Welfare shall be
required.
C.
The minimum lot size shall be 1/2 acre.
D.
The institution shall be accredited by the Commonwealth.
E.
The institution shall be the sole occupant of the lot.
F.
Access drives shall be located to take maximum advantage of sight
distances for motorists and shall be as remote as possible from street
intersections.
G.
Parking areas shall be screened from view of neighboring lots or
those directly across the street from the lot.
H.
Buildings shall be set back from one another and residential occupancy
shall be in conformance with this chapter.
I.
Said facility with six or more residents shall not be located within
1,000 feet of another facility with six or more residents.
A.
The employees of a home occupation (other) may include the residents
of said dwelling and a maximum of one nonresident.
B.
A home occupation shall not exceed 25% of the gross floor area (GFA)
of the residence, including the space to maintain the equipment needed
in the occupation (business).
C.
The use shall not create any additional environmental impact other
than those impacts, including but not limited to road infrastructure,
traffic, garbage, water and sewage, normally resulting from residential
use.
D.
The use shall not cause an increase in the use of water, sewerage,
garbage, public safety or any other municipal services beyond that
which is normal for an average residence in the neighborhood.
E.
The use shall not require internal or external alterations or construction
features which change the fire rating of the structure.
F.
There shall be no use of materials or equipment except that of similar
power and type normally used in a residential dwelling for domestic
or household purposes.
G.
There shall be no storage of materials or equipment outside an enclosed
building.
H.
The conduct of any home occupation, including but not limited to
the storage of goods or equipment, shall not reduce or render unusable
areas required for enclosed parking for the dwelling unit.
I.
The use shall not create greater vehicular or pedestrian traffic
than that which is normal for the residences in the neighborhood.
J.
All needs for parking generated by the conduct of a home occupation
shall be provided for on the lot.
K.
The home occupation shall not involve the use of vehicles in excess
of one-ton capacity or 9,000 pounds gross vehicle weight for delivery
of materials to or from the premises, and such vehicles shall not
be parked on the premises.
L.
There shall be no regular display of merchandise available for sale
on the premises; however, merchandise may be stored on the premises
for pickup and/or delivery.
M.
The home occupation shall not involve the use of advertising signs
on or off the premises or any other local advertising media which
shall call attention to the fact that the home is being used for business
purposes other than a telephone listing or small classified ad briefly
describing the service and providing only a telephone number.
N.
The following uses shall not be considered to be home occupations
and shall be limited to the districts in which they are specifically
authorized as permitted uses, conditioned uses or uses by special
exception:
(1)
Veterinary services.
(2)
Automobile sales, rental, service and repair shops.
(3)
Beauty shops and barbershops containing more than one chair.
(4)
Hospitals, nursing homes, group living facilities.
(5)
Kennels and keeping of other domestic pets of similar or greater
quantities.
(6)
Funeral homes.
(7)
Private clubs.
(8)
Private instruction to more than three students at a time.
(9)
Restaurants.
(10)
Keeping/boarding of horses for commercial enterprise.
O.
Day care, as defined by this chapter, shall be considered a home
occupation, provided that:
(1)
All of the foregoing standards for a home occupation are met.
(2)
An adequate area for outdoor recreation shall be provided and
shall be secured by a fence with a self-latching gate.
(3)
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.
(4)
Any approved home occupation which requires any type of public
access to the dwelling must obtain all required approvals from the
Pennsylvania Department of Labor and Industry.
(5)
Normal hours of operation shall be a maximum of 7:00 a.m. to
9:00 p.m. for customer/client traffic.
A.
Gross site area shall be a minimum of 10 acres.
B.
Proposed mobile home parks shall comply with all applicable provisions
of state laws regulating mobile home parks and all applicable standards
and regulations set forth in this chapter.
C.
Guest parking shall be provided in a common off-street parking area
at the ratio of one parking space for every three mobile home lots.
D.
All lots shall be serviced by public and/or private sewer and water.
E.
Minimum lot width shall be 40 feet for single unit mobile home and
65 feet for double mobile home units.
F.
All dumpster areas shall be screened from all lots and public rights-of-way.
All screens shall be a minimum of eight feet high and shall have a
minimum opacity of 80%.
G.
All mobile home parks shall provide sidewalks on both sides of a
street (both public and private rights-of-way).
H.
Grading and ground cover requirements. The ground surface in all
parts of each mobile home park shall be graded and equipped to drain
all surface water in a safe and efficient manner. Exposed ground surfaces
in all parts of each mobile home park shall be treated in a manner
approved by the Commission which will effectively prevent soil erosion
and prevent the emanation of dust during dry weather.
I.
Mobile home park lot requirements.
(1)
Gross density. The maximum number of mobile home lots within
each mobile home park shall be not more than eight lots per acre of
the total area of the mobile home park.
(2)
Minimum lot size. The minimum mobile home lot size shall be
not less than 5,000 square feet of area. The minimum width of any
mobile home lot shall be not less than 50 feet. The minimum length
of each mobile home lot shall not be less than 100 feet.
(3)
Mobile home lot access. All mobile homes shall abut on a street
of the mobile home park's internal street system.
(4)
Setbacks, buffer strips and screening requirements.
(a)
Park perimeter buffer strips. All mobile homes, auxiliary park
buildings and other park structures shall be located at least 35 feet
from the mobile home park boundary lines. The minimum buffer strip
may be reduced to 25 feet if a suitable perimeter screening of plantings
or fencing is provided and approved by the Borough.
(b)
Minimum distances between structures within the mobile home
park. Mobile homes shall be located at least 50 feet from any auxiliary
park buildings and any repair, maintenance or storage areas of buildings.
The minimum distance between mobile homes shall be not less than 20
feet.
(c)
Minimum building setback lines shall be not less than 30 feet
from the edge of the street right-of-way. Where applicable, side and
rear building setback lines of at least 10 feet shall be established.
(5)
Recreation and open space requirements. A minimum of 10% of
the gross area of the mobile home park shall be provided for recreational
space. This recreational space shall be suitable for varied outdoor
recreational uses. The applicant will present assurances related to
the responsibilities for landownership, the construction and/or purchase
of facilities or other features, and the perpetual maintenance of
the above.
(6)
Parking space requirements. A minimum of 1.5 off-street parking
spaces per each mobile home lot within the development shall be provided
within 200 feet of the mobile home lot to be served.
(7)
Mobile home park internal street system requirements. The street
system within a mobile home park shall be designed and constructed
according to required standards of local streets defined by the Oakmont
Subdivision and Land Development Ordinance.[1]
(8)
Mobile home lot improvements.
(a)
Each mobile home lot shall be provided with a permanent frost-free
foundation and each lot will have available adequate provisions, such
as anchor bolts and tie-down straps, to assure that each mobile home
has available to it a means of securing the home to its site.
(b)
Water and sewer systems: Water supply and sewage disposal system
connections shall be provided to each mobile home lot within a mobile
home park. In addition, the mobile home park shall meet all requirements
of the Oakmont Subdivision and Land Development Ordinance[2] with regard to said water and sewer systems.
(c)
No mobile home subdivision or land development shall be approved
until it has satisfied all applicable ordinances or regulations of
the municipality in which it is located.
A.
Parking spaces shall be located no more than 300 feet from the apartment's
primary entrance.
B.
All parking spaces and driveways shall be surfaced with bituminous,
brick, concrete or stone block paving material.
C.
The means of a building's ingress and egress shall meet requirements
as outlined in the Pennsylvania Uniform Construction Code.
D.
A twelve-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
E.
The structure shall be limited to five stories or a maximum of 55
feet in height.
F.
All dumpsters and/or waste collection areas shall be located at least
50 feet from nearest residential unit. Dumpsters shall be located
in the rear setback yard and shall be screened with an earth berm,
landscaped buffer yard, fence or wall with a minimum height of eight
feet and a minimum opacity of 80%.
G.
Maximum height of lighting for outdoor parking areas and roadways
shall be 25 feet.
H.
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination, when measured
at a lot line, shall be a maximum of one footcandle.
I.
Buffer yards between an apartment development and any other adjacent
residential lot shall be increased by 10 feet in addition to the required
buffer yard width. Landscaping, within this additional width, shall
be provided according to spacing, quantity and type of plants specified
by the applicable Borough.
J.
Slopes shall be graded at a maximum of a three-foot-horizontal-to-one-foot-vertical
ratio.
K.
Said development shall not be permitted on any corner lots within
the Commercial District, unless adjacent to a residential district.
L.
A traffic study may be required, at the expense of the applicant,
if deemed necessary by Council.
M.
If the parking area for a development is adjacent to a single-family
residential lot and demands greater than 10 automobiles, the following
shall apply:
(1)
An additional ten-foot buffer yard with one of the following
shall be provided along the parking lot's perimeter to minimize the
impact of inappropriate noise, dust, light and other disturbances
on adjacent residential lots:
(a)
One and one-half times the required number of plants for screening
and buffering off-street parking and loading areas; or
(b)
A mound, a minimum of 3 1/2 feet in height at its peak, shall
be constructed whereas the sides do not exceed a four-foot-horizontal-to-one-foot-vertical
change in elevation. The mound shall be landscaped in its entirety
with plants that provide four seasons of interest but shall not include
turf grass. The landowner and/or developer shall coordinate site drainage
so that site development and grading do not create any adverse effects
on adjacent lots.
A.
All off-street parking spaces shall be incorporated into the building.
Guest parking shall be located no more than 300 feet from each townhouse.
B.
All dumpsters and/or waste collection areas shall be located a minimum
of 50 feet from the nearest residential unit and shall be enclosed
by a solid masonry screen, a minimum of eight feet in height.
C.
The primary entrance to the multifamily residential units shall be
from a primary public or private road.
D.
To minimize potential nighttime lighting pollution and to encourage
minimizing negative impacts from impervious surface runoff, buffer
yard width shall be increased by five feet in all yards for a townhouse
development. The additional buffer area shall be planted at a minimum
with groundcover or/and a minimum of three-foot height of shrubbery
unless otherwise defined by the Borough.
E.
The maximum number of contiguous units shall be 10.
A.
The institution shall be accredited by the commonwealth.
B.
The institution shall be the sole occupant of the lot.
C.
Access drives shall be located to take maximum advantage of sight
distances for motorists and shall be as remote as possible from street
intersections.
D.
Parking areas shall be screened from view of neighboring houses or
those directly across the street from the lot.
E.
Buildings shall be set back from one another and residential occupancy
shall be in conformance with this chapter.
A.
The owner(s) and operator(s) of said use shall be responsible for
the conduct and safety of the employees and patrons and shall be available
to respond to inquiries and promptly quell any disturbances caused
by the employees and/or patrons.
B.
An adult bookstore/video store facility shall not be located within
1,000 feet of any other adult facility. Said distance shall be measured
from lot line of one facility to the nearest lot line of the other
facility.
C.
Said facility shall not be permitted to be located within 1,000 feet
of any public or private school, day-care facility, public recreation
facility, or any place of worship/assembly; nor be closer than 500
feet from a residence, nor from where any children are permitted and
normally congregate.
D.
No materials, merchandise, film, or service offered for sale, rent,
lease, loan or for view shall be exhibited, displayed or graphically
represented outside of a building or structure.
E.
Any building or structure used and occupied as said facility shall
be windowless or have an opaque covering over all windows or doors
of any area in which materials, merchandise, film, service or entertainment
are exhibited or displayed and no sale materials, merchandise, film
or offered items of service or entertainment shall be visible from
outside the structure.
F.
No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise, film,
service or entertainment offered therein.
G.
Sufficient screening and buffering of parking areas must be provided
to protect the neighborhood from detrimental noise, dust and other
disturbances.
H.
Each and every entrance to the structure shall be posted with a notice
of at least four square feet that the use is an adult-oriented establishment,
that persons under the age of 18 are not permitted to enter, and warning
all others that they may be offended upon entry.
A.
A traffic impact study shall be required to be submitted where the
proposed amphitheater which according to the Institute of Transportation
Engineers (ITE) standards will generate 100 trips in addition to the
adjacent roadway's peak hour volumes.
B.
An additional 10 feet of yard setback with a landscape screen in
conformance with the buffer yard requirements of this chapter. The
intention of the buffer yard shall be to protect the surrounding neighborhood
from inappropriate light and other disturbances.
C.
All parking areas adjacent to an existing residential lot shall provide
a screen with a minimum height of six feet. Screens shall be constructed
as earth berm, landscaped buffer yards, fence or wall and should have
a minimum opacity of 80%.
D.
Service areas, maintenance areas/facilities and dumpster areas shall
be screened from adjacent residences with a screen with a minimum
height of eight feet. Screens shall be constructed as earth berm,
landscaped buffer yards, fence or wall and shall have a minimum opacity
of 80%.
E.
Exterior lighting for parking areas visible from adjacent residences
shall be reduced to 50% luminosity after 11:00 p.m.
A.
Automobile sales shall have direct access to an arterial road.
B.
All automobile sales shall have a maximum lot area of one acre.
C.
Automobile inventory shall be aligned and displayed in an orderly
fashion so that circulation for fire safety can be maintained at all
times.
D.
All outdoor display areas adjacent to a residence or residential
zoning district shall have exterior lighting reduced to 50% luminosity
after 11:00 p.m.
E.
Sufficient screening and buffering of parking areas must be provided
to protect the neighborhood from detrimental noise, dust and other
disturbances.
F.
Landscaping requirements:
(1)
One tree 2 1/2 inches cal. per 15 display spaces shall
be planted on the lot.
(2)
A decorative landscaped strip shall be located immediately adjoining
the supporting structure of any signage in all directions.
(3)
A hedge or other desirable planting of at least two feet in
height shall extend the entire length and breadth of the required
landscaped strip.
G.
A delivery zone plan acceptable to the Borough Engineer shall be
submitted to demonstrate adequate delivery and associated circulation
areas do not conflict with existing Borough development and circulation
patterns.
H.
The maximum lot area for an auto service station shall be 20,000
square feet.
I.
The use shall have direct ingress/egress to an arterial road.
J.
All authorized repair and service work, car washing and lubrication
shall be conducted within a completely enclosed building.
K.
All automobile parts and accessories, dismantled vehicles and similar
materials shall be stored within a completely enclosed building.
L.
All fuel, oil and other flammable substances shall be stored at least
20 feet from any property line.
M.
Hazardous fluids shall be disposed of in accordance with regulations
of appropriate regulatory agencies.
A.
The minimum lot area shall be 10 acres.
B.
The premises shall be maintained so as to not constitute a nuisance
or a menace to public health and safety.
C.
No garbage, organic waste, petroleum products or hazardous waste
shall be stored, buried or disposed of on the premises.
D.
The manner of storage of junk shall be arranged in such a fashion
that aisles of a minimum width of 25 feet between rows of automobiles
are maintained in order to facilitate access for firefighting and
to prevent the accumulation of stagnant water.
E.
Automotive/salvage junkyards shall comply with the performance standards
of this chapter.
F.
No automobiles shall be stored or accumulated and no structure shall
be constructed within 100 feet of any existing residential lot or
within 40 feet of any property line or public right-of-way.
G.
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 within the interior of a twenty-five-foot-wide
landscaped buffer yard. All other property lines shall provide a fifteen-foot-wide
landscaped buffer yard. Buffer yards shall be planted with a combination
of deciduous and evergreen trees, shrubs, ornamental grasses and ground
covers.
H.
Grass, sod, lawn or turf shall not be considered an acceptable plant
for use within landscaped buffer yards.
I.
The fence shall be supplemented with screening material which creates
a visual barrier that is 100% opaque.
J.
The Zoning Officer may inspect the property at any time. The Zoning
Officer shall notify the operator 48 hours before such inspection
shall take place.
K.
The manner of storage of automobiles shall be arranged in such a
fashion that it shall not be higher than the adjacent fence.
L.
The owner(s) and operator(s) of a automobile junkyard shall incorporate
best management practices as outlined in the Pennsylvania Handbook
of Best Management Practices for Developing Areas to minimize negative
impacts of erosion, siltation and surface water and groundwater contamination.
A.
A bar/tavern shall be located in accordance with the provisions of
the Pennsylvania Liquor Control Board.
B.
A bar/tavern's hours of operation and activities must be appropriately
scheduled to protect surrounding residential neighborhoods from detrimental
noise, disturbance or interruption.
C.
The owner(s) and operator(s) of a bar/tavern shall be responsible
for the conduct and safety of the patrons.
D.
No more than one identification sign shall be permitted; said sign
shall be a ground or a wall sign. The graphic area of the sign shall
not exceed 40 square feet.
A.
No more than 10 bedrooms may be available or used for such use in
any building and each guest room may provide lodging for up to two
individuals, unless children under the age of 16 years are accompanying
the guests, and in no instance shall the total number of guests in
a bed-and-breakfast use exceed 30.
B.
Not more than one ground sign shall be permitted on the lot. The
maximum permitted sign area shall be 10 square feet.
C.
Service meals shall be limited to breakfast only to overnight guests
of the facility.
D.
All off-street parking spaces shall be provided on the lot. The number
of off-street parking and loading spaces shall be provided as defined
by this chapter. All parking spaces and driveways shall be surfaced
with bituminous, brick, concrete or stone block paving material.
E.
The owner and/or manager of the facility shall reside therein.
F.
An overnight guest shall not occupy the facility for more than 14
consecutive nights in a thirty-day period.
A.
Dumpsters and service areas shall be screened from the public right-of-way
and not conflict with off-street parking associated with the use.
No dumpsters and/or service areas shall be located between the front
lot line of the lot and the front facade of the principal structure
in which it is located.
B.
Outdoor storage of materials shall not be permitted.
C.
A delivery plan for the use shall be submitted for Council approval.
A.
Billboard signs shall only be permitted in the Industrial District
on the eastern side of Allegheny Avenue, north of Hulton Road. Billboard
signs are regulated as a conditional use and must be the principal
use to which the property is devoted. There shall be no more than
one billboard sign on any premises at any one time.
B.
In said district, a billboard shall be located within 100 feet of
the center line of an arterial street as identified by the Borough,
as defined by this chapter.
C.
Billboard shall be freestanding, ground-mounted, single-column post-supported
displays which have no structural contact with any building or other
structure.
D.
The maximum surface area of the sign shall be 200 square feet. This
area includes both sides if it is a two-sided sign.
E.
The maximum height of the sign shall be 22 feet, measured from the
ground to the top of the sign.
F.
Billboards that are not located at the grade of the arterial street
they are located along shall be located so as to be no higher than
40 feet above the curb of the street from which they are intended
to be viewed.
G.
No billboard shall be placed within 500 feet of any property within
a residential district classification or any public or private school
property, park, library or place of worship when the display face
to the billboard will be visible therefrom. This required distance
shall be measured along the frontage of the street or highway on which
the billboard is located.
H.
No part of any billboard shall be located closer than 15 feet to any street right-of-way. Billboard shall be subject to the side yard and rear yard setback requirements of the Industrial District unless otherwise determined by Subsection G above.
I.
No billboard shall be erected closer than 1,000 feet to any other
existing or proposed billboard.
J.
Billboard shall be either nonilluminated or indirectly illuminated,
provided that all lighting is shielded and directed in a downward
direction from the top of the sign toward the ground. No LED digital
billboards are permitted.
K.
The location of a billboard shall not obstruct visibility of any
other business sign nor shall it obstruct visibility for traffic entering
or leaving any property or traveling on any street.
L.
Landscaping requirements.
(1)
A decorative landscaped strip shall be located immediately adjoining
the supporting structure of the billboard sign and extending a minimum
of five feet from the billboard in all directions.
(2)
A hedge or other durable planting of at least two feet in height
shall extend the entire length and breadth of the required landscaped
strip.
(3)
The rear side of a single-faced billboard sign shall be of one
color and screened by existing or natural landscaping material or
by an evergreen planting at least six feet tall and extending the
length of the billboard.
(4)
Two flowering trees a minimum of six feet in height shall be
planted within the required landscaping strip.
A.
Facility design must be in accordance with the most current version
of the Biosafety in Microbiological and Biomedical Laboratories published
by the U.S. Department of Health and Human Services Centers for Disease
Control and Prevention and National Institutes of Health (CDC/NIH).
B.
Facilities for the treatment, proper handling, and disposal of biomedical
waste must be provided.
A.
Ingress and egress of the lot shall be approved by Council.
B.
Outdoor storage of materials associated with maintenance shall not
be permitted.
C.
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination, when measured
at a lot line, shall be a maximum of zero footcandles.
D.
The plan for the use shall be prepared and sealed by an architect,
engineer or landscape architect showing the overall use of the site,
structures and facilities, decks, ramps, etc. The plan shall conform
to all safety requirements of the United States Army Corps of Engineers.
A.
Service areas shall be screened from the public right-of-way and
not conflict with off-street parking associated with the use. No service
areas shall be located between the front lot line of the lot and the
front facade of the principal structure in which it is located.
B.
A delivery plan for the use shall be submitted for Council approval.
A.
Service areas shall be screened from the public right-of-way and
not conflict with off-street parking associated with the use. No service
areas shall be located between the front lot line of the lot and the
front facade of the principal structure in which it is located.
B.
A delivery plan for the use shall be submitted for Borough approval.
A.
The landowner and/or developer shall provide a statement of guaranteed
perpetual maintenance before approval is given.
B.
No burial sites shall be within 50 feet of any lot line or 100 feet
of a street right-of-way.
C.
Access drives shall be located to take maximum advantage of sight
distances for motorists.
A.
The facility shall be licensed as such by the Commonwealth of Pennsylvania.
B.
Ingress and egress to the site shall be designed to assure the safe
dropping off and pickup of children. All dropoff locations shall be
designed so as to not interfere with the free flow of traffic on adjacent
streets.
C.
Outdoor play areas shall be provided and shall be secured by a fence,
at least four feet in height, with a self-latching gate.
D.
Exterior open space shall be provided, being usable and accessible
only for the children at a minimum ratio of 100 square feet per child.
Interior space shall be provided as per the regulations of the Pennsylvania
Department of Welfare. In addition, other lot and area requirements
within the Zoning District in which the day-care center is proposed
shall apply.
E.
Depending on traffic and/or adjoining use of the premises, a fence
with approved height and strength may be required along the lot's
perimeter for the protection of those using the day-care center.
F.
Outdoor play areas that adjoin residential lots shall be screened
as per the screening requirements of this chapter.
G.
The general safety of a day-care center site shall be evaluated as
it relates to the needs of small children.
H.
Off-street parking shall be provided in accordance with the requirements
of this chapter
A delivery plan for the use shall be submitted for Council approval.
A delivery plan for the use shall be submitted for Council approval.
A.
The use shall be conducted within a completely enclosed building.
B.
Recycling storage containers shall be completely enclosed.
C.
Vehicular access shall not be from the primary commercial frontage
if access from the rear or side is possible.
D.
Vehicular dropoff areas shall be located a minimum of 60 feet from
any intersection or driveway and shall not conflict with residential
parking.
E.
Council shall determine that such use will not create detrimental
impacts on the surrounding properties, taking into consideration probable
traffic generation, truck routes, hours of operation, and noise generation.
A.
Dumpsters and service areas shall be screened from the public right-of-way
and not conflict with off-street parking associated with the use.
No dumpsters and/or service areas shall be located between the front
lot line of the lot and the front facade of the principal structure
in which it is located.
B.
Outdoor storage of materials shall not be permitted.
C.
A delivery plan for the use shall be submitted for Council approval.
A.
In order to ensure pedestrian safety, access and circulation for
both customers and deliveries/loading shall be posted on the lot.
B.
Loading areas/docks shall be screened with either landscaping or
fencing from neighboring uses.
C.
To minimize conflicts between food/beverage items, animals and the
natural elements, the storage of palettes and other loading-related
equipment/materials shall be contained within an enclosed and covered
structure.
D.
Hours of operation shall be scheduled to minimize negative impacts
on the surrounding neighborhood.
E.
Building and parking setbacks shall be consistent with the existing
building and parking setbacks of adjoining lots.
F.
As part of all land development, the landowner and/or developer shall
provide a plan for photometries of the lot. Illumination, when measured
at a lot line, shall be a maximum of zero footcandles.
G.
A traffic impact study shall be required to be submitted where the
proposed development, according to the Institute of Transportation
Engineers (ITE) standards, will generate 100 trips in addition to
the adjacent roadways' peak hour volumes
A.
Any and all odors and smoke generated as part of a crematorium operation
shall be in conformance with the performance standards of this chapter.
B.
Loading areas/docks shall be screened with either landscaping or
fencing from neighboring uses.
C.
No outdoor storage shall be permitted on a lot associated with a
crematorium.
D.
No crematorium shall be within 200 feet of any lot line.
A.
Exterior open space shall be provided, being usable and accessible
only for the patrons at a minimum ratio of 65 square feet per patron.
Interior space shall be provided as per the regulations of the Pennsylvania
Department of Welfare. In addition, other lot and area requirements
within the zoning district in which the day-care center is proposed
shall apply.
B.
Off-street parking spaces required for day-care centers shall be
one for each 300 square feet of gross floor area with a minimum of
four spaces.
C.
Depending on traffic and/or adjoining use of the premises, a fence
with approved height and strength by the Borough may be required along
the lot's perimeter for the protection of those using the day-care
home/center.
D.
Safe vehicular access and areas for discharging and picking up patrons
shall be provided.
E.
All dropoff locations shall not interfere with the free flow of traffic
on adjacent streets.
F.
Any applicable licensing shall be current, available and provided
for Borough reference upon inquiry.
An access analysis shall be conducted in order to evaluate sight
distance and to identify appropriate lot access points. Special traffic
signage control and lighting may need to be provided pending the results
of said access analysis.
See § 205-443.
A.
The Borough shall require the landowner and/or developer to prepare
and submit a traffic impact analysis of the proposed development.
B.
The ground of off-street parking and loading spaces shall be paved
with bituminous, brick, concrete or stone block paving material to
protect the surrounding neighborhood from inappropriate dust and other
disturbances.
C.
Side and rear buffer areas shall be maintained in accordance with
this chapter.
D.
Paved off-street stacking spaces shall be arranged in an orderly
fashion so as not to cause blockage of any means of ingress or egress
and to insure that the traffic flow on public rights-of-way is not
endangered in any way. A separate means of ingress shall be established
and clearly marked as shall be a separate means of egress from the
bank. Should any traffic congestion occur in the public right-of-way,
it shall be the responsibility of the owner to direct traffic away
from the facility by posting a "Temporarily Closed" sign or other
means. The Borough may require any traffic studies and associated
improvements as a condition of approval.
E.
Financial institution with drive-through.
(1)
No drive-through window, customer automated teller machine (ATM),
or the like shall be located in a front yard.
(2)
The drive-through shall have direct access to a public right-of-way.
(3)
A minimum of three stacking spaces shall be provided for each
drive-through lane.
(4)
Stacking shall not interfere with the normal traffic flow within
the lot nor shall it cause the stopping of vehicles on any public
right-of way.
A.
All food processing and packaging activities shall be in compliance
with Allegheny County Health Department regulations.
B.
The Allegheny County Health Department and the Zoning Officer reserve
the right and shall be permitted to inspect operations and facilities
without prior notice.
C.
Loading areas/docks shall be screened as per the regulations in this
chapter.
D.
No outdoor storage shall be permitted on a lot associated with food
processing/packaging.
A.
In order to ensure pedestrian safety, access and circulation for
both customers and deliveries/loading shall be posted on the lot.
B.
Loading areas/docks shall be screened with either landscaping or
fencing from neighboring uses.
C.
One additional tree per fuel pump/recharge unit shall be planted
on the lot.
D.
Lighting associated with any canopy constructed on the lot shall
be installed as internal illumination of the canopy only.
E.
To minimize conflicts between food/beverage items, animals and the
natural elements, the storage of palettes and other loading-related
equipment/materials shall be contained within an enclosed and covered
structure.
F.
Hours of operation shall be scheduled to minimize negative impacts
on the surrounding neighborhood.
G.
Building and parking setbacks shall be consistent with the existing
building and parking setbacks of adjoining lots.
H.
Buffering of parking and loading areas shall be provided in accordance
with this chapter.
I.
As part of all land development, the landowner and/or developer shall
provide a plan for photometries of the lot. Illumination, when measured
at a lot line, shall be a maximum of zero footcandles.
J.
A traffic impact study shall be required to be submitted where the
proposed development, according to the Institute of Transportation
Engineers (ITE) standards, will generate 100 trips in addition to
the adjacent roadways' peak hour volumes.
A.
If the parking garage is accessory to the principal use of a lot,
it shall be included in all building coverage calculations.
B.
Said garage shall be subject to building setbacks as defined by this
chapter.
D.
A parking garage shall not be located any closer to a right-of-way
line or a lot line than what is permitted by the building setbacks
defined in this chapter.
E.
The perimeter of a parking garage shall be landscaped in conformance
to the buffer yards defined in this chapter.
A.
The location, orientation and lot circulation shall be such as to
minimize the disturbance of the surrounding open space.
B.
Equipment storage shall be permitted to include man-operated or mechanical
equipment or other machinery that is in operable condition. The storage
of inoperable vehicles is prohibited for this use.
C.
Site grading shall be completed to ensure that surface runoff is
directed away from any and all material storage areas.
D.
An eight-foot-high screen shall be constructed around the perimeter
of any storage areas if equipment and/or materials are not contained
within an enclosed building/area. The screen shall be measured from
the average grade of the adjacent ground, unless otherwise defined
by the applicable Borough. The screen shall be 80% opaque and composed
of finished masonry, wood, or black or green vinyl-covered chain link
fencing with eight-foot-high evergreen plantings on the exterior side
of the fence.
E.
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases or solids shall
be permitted, with the exception of gasoline, diesel, fuel and oil
for the operation and maintenance of motorized vehicles and equipment.
F.
The ground surface of off-street parking shall be paved with bituminous,
brick, concrete or stone block paving material to protect the surrounding
neighborhood from inappropriate dust and other disturbances. Loading
and equipment storage areas shall, at a minimum, be paved with crushed
limestone aggregate.
G.
No more than one identification sign shall be permitted; said sign
shall be a ground or a wall sign. The graphic area of the sign shall
not exceed 40 square feet.
[Amended 2-18-2019 by Ord. No. O4-2019]
A.
Oil and gas wells shall be permitted to occur on a property whose
overall acreage is a minimum of 10 acres or larger ("property"). Multiple
property owners can combine adjoining parcels to achieve the minimum
acreage required.
B.
Conventional oil/gas wells currently exist in Borough parks which are located within residentially zoned districts, and in order to permit the Borough to continue its practice of allowing conventional oil/gas wells in Borough parks, the Borough hereby exempts itself from the zoning prohibition on conventional oil/gas wells in Residential Districts R-1, R-2 and R-3. The Borough further exempts itself from the conventional oil/gas well setback requirements of § 205-443D, with respect to any Borough-owned property where an oil/gas well already exists at the time of enactment of this section. A conventional oil/gas well on such Borough-owned property shall be no closer to a protected structure on a neighboring residentially zoned lot than the existing well, or 200 feet, whichever is less. To drill on such Borough-owned property, the Borough shall comply with the conditional use requirements otherwise applicable to such wells.
C.
Conversion or modification of well use.
(1)
Conversion of existing, operational, abandoned or otherwise,
oil and gas wells for injection wells shall be subject to the conditional
use application and approvals for unconventional oil and gas wells
adopted by this section.
(2)
Reworking or redevelopment of existing, operational, abandoned
or otherwise, conventional oil or gas wells to utilize HVHF or horizontal
drilling shall be subject to conditional use application and approval
for unconventional gas wells and shall be treated as unconventional
gas wells by this section.
D.
Oil and gas wells shall be located with minimum setbacks as follows:
(2)
Minimum setback distances of well from any lot or parcel of
ground located in an R-1, R-2 or R-3 District, regardless of whether
it contains a protected structure, a school, residence, nursing home,
day-care home, day-care center, nursery school/preschool, or wetland:
(3)
Minimum setback distances from any existing water well, surface
water intake, reservoir or other water supply extraction point used
by the Oakmont Water Authority or other owner or operator of a "water
purveyor" as defined in Title 58 (Oil and Gas) of the Pennsylvania
Consolidated Statutes, Section 3203:[1]
[1]
Editor's Note: See 58 Pa.C.S.A. § 3203.
(4)
Minimum setbacks of well site from the Allegheny River and Plum
Creek:
(a)
Conventional oil/gas well site: 100 feet from the Allegheny
River or Plum Creek;
(b)
Unconventional oil/gas well bore: 300 feet from the Allegheny
River;
(c)
Unconventional oil/gas - edge of the well site: 100 feet from
the Allegheny River;
(d)
Unconventional oil/gas well site disturbed area: 100 feet from
the Allegheny River.
E.
The conditional use application shall not be considered to be complete
and properly filed unless and until all items required by this subsection,
including the application fee, have been received. The conditional
use application shall include the following:
(1)
Evidence of ownership and/or legal authority to occupy and utilize
the surface property for oil and gas well development;
(2)
A proposed site development plan as described more fully herein;
(3)
A plan describing the route and method for other truck traffic
as described more fully herein;
(4)
A lighting plan, demonstrating maximum feasible reduction of
glare onto adjacent properties, that meets or exceeds Borough adopted
performance standards relative to lighting and glare;
(5)
A plan for fresh water usage and impoundment as well as wastewater
impoundment and disposal, identifying the source and amount of water
to be used at or withdrawn from the well site, the proposed method
of transport, treatment and/or disposal of wastewater, including truck
routes or pipeline routes, and the destination of any water to be
tested or disposed of;
(6)
A timetable for commencing and ending site preparation, drilling,
hydraulic fracturing activities, oil and gas production, site restoration
and well plugging;
(7)
A ten-year master plan for oil and gas development in Oakmont
Borough and adjacent communities within a twenty-air-mile radius.
Such ten-year master plan shall describe and plot all well-pads, transmission
lines, compression stations, processing plants, storage facilities,
transportation facilities and other related infrastructure built,
planned and anticipated by applicant or related third parties of applicant
and intended to serve the oil and gas well that is the subject of
the application;
(8)
Plans for grading, revegetation, landscaping, buffer areas,
stormwater control and other restoration activities at well site that
meets or exceeds Borough adopted performance standards relative to
each;
(9)
An environmental impact statement to be performed by a Borough-approved
third party and paid for by the applicant, which shall include the
following:
(a)
A description of existing conditions relative to flora, fauna,
air quality, groundwater locations and qualities, and notable geological
features in the area of the property;
(b)
A description of existing conditions, including oil and gas
well facilities, structures, buildings or equipment.
(c)
A historical record of previous oil and gas well operations
of the property;
(d)
A description of the proposed oil and gas well operations, and
associated facilities on the property;
(e)
An assessment of the proposed oil and gas well operations on
the property, abutting properties and surrounding uses;
(f)
An assessment of the proposed oil and gas well operations on
the property relative to flora, fauna, air quality, groundwater locations
and qualities, and notable geological features in the area of the
property; and
(g)
Anticipated or projected impacts of the oil and gas well at
the time of installation, at one year post installation, at full production,
at 10 years post installation and following the cessation of operations
at the property.
(10)
A copy of any permit and/or permit application issued by or
submitted to the Pennsylvania Department of Environmental Protection
("DEP") in connection with the oil and gas well development on the
property;
(11)
Copies of any other permit and/or permit application required
by law for operation of the property for oil and gas well development
on the property;
(12)
A plan identifying the means for disposal of cuttings, fracturing
fluids, oil, toxic materials, hazardous materials and other waste
products and providing for Borough access to any waste manifest for
emergency management, police and firesafety purposes;
(13)
An odor control plan which shall demonstrate technology and
controls that shall be provided to eliminate odors if perceptible
on nearby occupied properties during the drilling and fracturing process;
(14)
Reports from a qualified environmental engineer attesting that the proposed location and operation will not negatively impact the Borough residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow. These reports will be evaluated consistent with Subsection W;
(15)
Such other information pertinent to the proposed oil and gas
well as may be requested by the Borough Engineer or Zoning Officer;
(16)
Copy of all annual Security and Exchange Commission (SEC) Form
10-K filings for the last three years relating to applicant and contracted
or related partners for oil and gas well development of the property.
F.
Public rights-of-way.
(1)
The applicant shall show the proposed routes of all trucks to
be utilized for hauling to and from the oil and gas well site and
the estimated weights of those trucks. Proposed routes shall be designed
to minimize the impact on streets within the Borough. The Borough
reserves the right to designate alternate routes in the event that
the applicant's proposed routes are deemed inadequate, unsafe or overly
disruptive to normal vehicular traffic by the Borough Engineer.
(2)
The applicant shall show evidence of compliance with designated
weight limits on Borough streets, unless a bond and an excess maintenance
agreement to assure road damage repair is provided, and shall design
the hauling routes to minimize the use of an impact upon Borough streets
wherever feasible.
(3)
The applicant shall also show evidence satisfactory to the Borough
Engineer that intersections along proposed hauling routes provide
a sufficient turning radius for trucks to be utilized for hauling,
such that all turns can be safely made without damage to vehicles,
sidewalks or curbs.
(4)
The applicant or oil gas operator shall post a bond or other
financial security in favor of the Borough and in a form acceptable
to the Borough prior to beginning operations to guarantee maintenance
and repair during construction/drilling/fracturing and post-operation
restoration of Borough streets which may be determined in the reasonable
opinion of the Borough Engineer to be damaged as a result of traffic
generated by oil and gas well use generated traffic. In addition,
if the Borough Engineer concludes that Gas and Oil Well generated
traffic will cause substantial damage to a Borough road, then the
applicant must, before operations begin, enter into an agreement with
the Borough undertaking the responsibility to repair the road to the
extent determined in the reasonable discretion of the Borough Engineer,
which agreement may provide for bond to be posted in excess of otherwise
applicable PennDOT limits when the Borough Engineer has reasonably
estimated that the cost of repair will exceed the PennDOT limits.
(5)
In addition, should the Borough Engineer reasonably determine
that preventive measures, such as shoring of bridges or putting protective
mats over utility lines, should be taken to prevent damage to Borough
roads, bridges or utilities, then the applicant shall install such
protective measures as directed by the Borough Engineer, prior to
beginning operations.
(6)
The oil/gas operator shall take all necessary steps to ensure
that public roads remain free of dirt, mud or debris resulting from
Gas and Oil Well traffic or activities, including road sweeping and
tire/wheel well/undercarraige washing if needed.
(7)
Where traffic generated by the oil and gas well is heavy in
the proximity of school bus stops or well-traveled pedestrian crossing
areas, the oil/gas operator will provide flagperson to ensure the
safety of children waiting for or leaving school buses. The oil/gas
operator shall not schedule or permit truck traffic to or from the
well site during those times regularly scheduled by the school district
for school bus transport of children.
(8)
Applicant shall be responsible for all studies, professional
fees and costs associated with the establishment of any excess road
maintenance agreements and weight restriction postings and signage.
G.
Construction hours of operation. Prior to the commencement of oil
and gas well drilling activities, no construction activities involving
excavation of, alteration to or repair work on any access road to
an oil and gas well site shall be performed during the hours of 9:00
p.m. to 8:00 a.m.
H.
Noise. The Borough recognizes and acknowledges that oil and gas use
is accompanied by inherent noise. The regulations in this subsection
are intended and shall be interpreted and applied to establish a process
for reasonable noise control, provides for response to individual
complaints, and requires that undue noise be addressed, where feasible,
without the Borough dictating the particular operational steps that
must be taken. The oil/gas operator shall take the following steps
to minimize, to the extent practicable, the noise resulting from the
oil and gas well use:
(1)
Prior to drilling of an oil and gas well, the oil/gas operator
shall establish a continuous seventy-two-hour ambient noise level
at the nearest protected structure property line or 100 feet from
the nearest protected structure (as measured to the closest exterior
point of the building), whichever is closer to the protected structure
or, alternatively, and in lieu of establishing the above seventy-two-hour
ambient noise level, the oil/gas operator may assume and use, for
the purposes of compliance with this section, a default ambient noise
level of 55 dBA. The sound level meter used in conducting any evaluation
shall meet the American National Standards Institute standard for
sound meters or an instrument and the associated recording and analyzing
equipment which will provide equivalent data.
(2)
The oil/gas operator shall provide documentation of any established,
seventy-two-hour evaluation, relied upon to establish an ambient noise
level greater than 55 dBA, to the Borough's Zoning Officer within
three business days of such a request from the Zoning Officer.
(3)
Noise limits.
(a)
The noise generated during drilling and hydraulic fracturing
activities when measured at the nearest protected structure property
line or 100 feet from the nearest protected structure (as measured
to the closest exterior point of the building), whichever is closer
to the protected structure, shall not exceed the average ambient noise
level (as determined by the seventy-two-hour evaluation) or default
level, whichever is higher:
(b)
The oil/gas operator shall inform the Borough in writing of
which level (average ambient noise level or default level) is being
used.
(4)
The oil/gas operator shall provide for ongoing regular noise
level monitoring at a station to be located at or near the nearest
protected structure property line or 100 feet from the nearest protected
structure (as measured to the closest exterior point of the building),
whichever is closer to the protected structure. The noise monitoring
data acquired at this station shall be made available to the Borough
upon request.
(5)
Adjustments to the foregoing noise limits may be permitted in
accordance with the following:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
|
|---|---|
|
5
|
15
|
|
10
|
5
|
|
15
|
1
|
|
20
|
1
|
|
*
|
Cumulative minutes during any one hour.
|
(6)
If a complaint is received by the Borough from any owner or
occupant of a protected structure for any lawful purpose, within 2,000
feet from the wellhead or equipment generating noise during gas and/or
oil well production, drilling or hydraulic fracturing activities,
the oil/gas operator shall, within 24 hours of receipt of the complaint
from the Borough, continuously monitor for a forty-eight-hour period
at a point which is the closer the complainant's building of:
(7)
Once the monitoring is complete, oil/gas operator will provide
the monitoring data to the Borough within two business days and will
meet with Borough representatives and affected property owners and
will within one week of the meeting submit a noise abatement plan
to effectively mitigate any noise exceeding the permitted levels.
In determining the noise mitigation measures to be employed, the Borough
may, at the expense of the oil/gas operator, utilize the services
of a consultant with expertise in noise measurement, noise abatement
and gas and oil well drilling and operation.
(8)
Exhaust from any internal combustion engine or compressor used
in connection with the drilling of any well or for use on any production
equipment or used in development shall not be discharged into the
open air unless it is equipped with an exhaust muffler or an exhaust
box. The exhaust muffler or exhaust box shall be constructed of noncombustible
materials designed and installed to suppress noise and disruptive
vibrations. Moreover, all such equipment with an exhaust muffler or
exhaust box shall be maintained in good operating condition according
to manufacturer's specifications.
(9)
All workover operations shall be restricted to the hours of
6:00 a.m. to 9:00 p.m., except as necessary, as reasonably determined
by the oil/gas operator. "Workover operations" shall mean work performed
in a well after its completion in an effort to secure production where
there has been none, restore production that has ceased, or increase
production.
(10)
In cases where noise has exceed permitted levels and it is economically
feasible for gas and oil well drilling rigs to be outfitted with acoustic
barrier insulation blankets, such barriers shall be installed in accordance
with best management practices in the industry; provided, however,
that no such acoustic barrier shall be required where its use would
be contrary to a preempted applicable state or federal regulation,
or where its use would create a safety hazard in the opinion of the
Borough Engineer or of any regulatory agency with jurisdiction.
I.
Parking. Notwithstanding any other provision in this section, the
oil/gas operator shall provide sufficient parking to allow all vehicles
associated with the oil and gas well operation to be parked off street.
Parking areas within 200 feet of an occupied building not associated
with the gas and oil well operation shall provide a slag or stone
or other surface designed to minimize dust or, alternatively, dust
reduction measures such as water sprinkling whenever necessary.
J.
Emergency management. The oil/gas operator shall, prior to drilling
and at least once per year thereafter, provide an opportunity for
Borough emergency services providers to arrange visits to the well
site for the purpose of being oriented to the location, equipment,
materials used at and layout of the site. Such orientation visits
shall be mutually arranged between the operator and the chief officer
of any given emergency provider service.
(1)
The oil/gas operator shall provide appropriate maps, material
data safety sheets, and emergency plan documents to such chief officers
and to the Borough Manager, including a copy of a current preparedness,
prevention and contingency plan ("PPC") as defined by the Pennsylvania
Department of Environmental Protection. This information shall be
kept up to date at all times.
(2)
The oil/gas operator shall provide 24/7 emergency contact information,
including a supervisor's name and a toll-free phone number, to all
Borough emergency service providers and to the Borough Manager, as
well as on signage at the well site. A list of contact information
for all subcontractors associated with the operations shall be provided
to the Borough Manager along with verification that the subcontractors
and the named supervisor are aware of and understand this section.
K.
Property security. The oil/gas operator shall:
(1)
Install both temporary safety and security fencing at least
six feet high around water impoundments, drilling, fracturing and
hydraulic equipment and install permanent fall protection fencing
meeting OSHA requirements around any permanent pit for impoundment
of liquid at a depth greater than two feet. Security glass shall be
provided to the Chief of Police for review;
(2)
Install warning signs at the well site; and
(3)
Provide at least one on-site security guard 24/7 when a drilling
rig or hydraulic fracturing equipment is on the well site.
L.
Site plan. Each application for a conditional use under this section
shall have attached thereto a site plan. The site plan shall be provided
both in hard copy and electronically in a format prescribed by the
Borough Engineer. The proposed site development plan shall be a stamped
topographic plan, prepared by a professional engineer registered in
the Commonwealth of Pennsylvania, to a scale no greater than one inch
equals 200 feet, on a standard sheet size of 24 inches high by 36
inches wide, to include the following:
(1)
Title block giving name of development, property owner, developer,
North point, key location map, registration stamp, date and scale
on a standard sheet size of 24 inches high by 36 inches wide with
index;
(2)
Property lines, zoning ordinance district boundary lines and
total acreage of parcel proposed for development;
(3)
All existing streets, rights-of-way, and easements related to
the development and any acreage leased in connection with the proposed
well;
(4)
Owners of adjacent properties, including the location of any
existing structures and driveway locations;
(5)
The location of relevant natural features on site, including,
but not limited to, streams or other natural watercourses and adjacent
areas which are subject to flooding, and significant stands of existing
trees;
(6)
The location of relevant natural features abutting properties
within 300 feet, including, but not limited to, streams or other natural
watercourses and adjacent areas which are subject to flooding, and
significant stands of existing trees;
(7)
The setback of any proposed well bore, well site and any disturbed
area associated with the well site, from the following located within
1,000 feet of the well site:
(a)
Protected structures;
(b)
Any lot located in the R-1, R-2 or R-3 District;
(c)
Any water well, surface water intake, reservoir or other water
supply extraction point used by the Oakmont Water Authority or other
water purveyor; and
(d)
The Allegheny River, Plum Creek or any other solid blue lined
stream, spring or body of water as identified on the most current
7 1/2 minute topographic quadrangle map of the United States
Geological Survey.
(8)
The location of all gas and oil well structures, facilities,
equipment or buildings, existing or proposed within 2,000 feet of
the well site;
(9)
The location of existing structures, buildings and accessory
uses on site;
(10)
The location of vehicle and equipment cleaning and tire cleaning
areas and a description of the proposed program for removing mud and
other well site generated debris from public streets;
(11)
The location of proposed access roads;
(12)
The location of stormwater and sediment controls or any fresh
water and wastewater impoundment facilities;
(13)
The location, depth and profile of any proposed pipelines for
water, gas, oil or other substance;
(14)
The location, depth and profile of any existing or proposed
transmission lines within 1,000 feet of the well site.
M.
During construction, the oil/gas operator shall remove and dispose
of all uprooted trees, stumps, brush, rubbish, construction materials
and debris promptly in the interest of public safety.
N.
No employees, subcontractors or other persons shall be housed on
the well site.
O.
The oil/gas operator shall operate and maintain a vapor recovery
unit or vapor destruction unit, or other available and feasible means
to eliminate vapors emitted from any condensation tanks at the well
site.
P.
During the time any pond or impoundment contains anything other than
fresh water, such impoundment shall be fully covered with bird netting
and fully comply with all applicable state and federal law.
Q.
No on-site burial or other disposal of drilling residuals or hydraulic
fracturing chemicals or residuals is permitted.
R.
Upon complaint by the occupants of a nearby property of odors generated
at the well site, the oil/gas operator will meet with the Borough
and the complainant or his/her representative within three days of
receipt of the complaint to establish a feasible and effective way
of controlling any such odors. The oil/gas operator will reimburse
the Borough for the cost of consultants or other investigation needed
to address odor complaints. For the purposes of this subsection, "nearby
properties" shall be properties located within 1,000 feet of the well
site.
S.
Air containment emissions, particulate and otherwise, shall be in
compliance with all County Health Department, state and federal regulations.
T.
The applicant shall provide certification that a bond or other security
is held by the Pennsylvania Department of Environmental Protection
to ensure proper plugging when the well is classified as inactive
by the Pennsylvania Department of Environmental Protection.
U.
All permits issued by DEP shall be maintained, commencing at site
construction and continuing throughout the duration of drilling and
production testing operations. Any suspension, or revocation of permits
or other penalties by DEP shall be immediately reported to the Borough
and shall constitute a violation of Borough zoning approval and may
result in the suspension of zoning approval.
V.
Applicant shall comply with all applicable permits and requirements
of the Pennsylvania Department of Environmental Protection, the United
States Environmental Protection Agency, and any other governmental
authority having jurisdiction over its operations and with all federal,
state and local laws, ordinance and regulations promulgated to protect
the environment, including but not limited to the Clean Air Act, 42
U.S.C. § 7401 et seq., the Clean Water Act, 33 U.S.C. § 1251,
and the Allegheny County Health Department Air Pollution Control Rules
and Regulations, Allegheny County Ordinance No. 16782.
W.
Applicant shall demonstrate that its operations will not violate
the citizens of Oakmont Borough's right to clean air and pure water
as set forth in Article 1, Section 27, the Environmental Rights Amendment,
of the Pennsylvania Constitution.
X.
Any material stored outside an enclosed structure in connection with
well drilling or operation shall be screened by opaque ornamental
fencing, walls or evergreen planting to minimize visibility of the
storage area from residentially occupied properties.
Y.
Applicant shall provide adequate financial security, as determined
by the Borough Engineer, to ensure restoration of the oil and gas
well site once operations cease for 18 months or more. Reapplication
for conditional use/approval is required after discontinuance of operations
of 18 months or more.
Z.
Conditional use approval shall automatically terminate, unless extended,
if drilling is not commenced within one year from the date of issuance
of the conditional use. The conditional use approval may be extended
by the Borough Zoning Officer upon written request by the oil/gas
operator, after notice and public hearing, if the applicant shows
good cause for not commencing drilling within one year from issuance
of the conditional use.
AA.
The application shall be accompanied by a nonrefundable application
fee of $5,000 or such other amount as may be set by resolution of
the Borough Council from time to time.
BB.
Applicant shall separately be responsible for any other professional
review fees or costs incurred by the Borough in connection with its
review of the conditional use application or its component parts,
which may be required to be escrowed at the Borough's sole election.
CC.
Applicant and any subcontractors associated with the development
of the oil and gas well operation shall be required to sign, upon
receiving conditional use approval, a developers agreement, prepared
by the Municipal Solicitor. Such developers agreement shall contain
the conditions of approval as granted by Council and hold all parties
responsible for compliance with those conditions.
[Added 2-18-2019 by Ord.
No. O4-2019]
A.
Natural gas compressor stations (station) and natural gas processing
plants (plant) shall be permitted to occur on property whose overall
acreage is a minimum of five acres or larger ("property").
B.
The natural gas compressor station or natural gas processing plant
shall maintain a minimum distance from protected structures, as set
forth in the table below.
E.
Applicant shall demonstrate that its operations will not violate
the citizens of Oakmont Borough's right to clean air and pure water
as set forth in Article 1, Section 27, the Environmental Rights Amendment,
of the Pennsylvania Constitution.
F.
Compressors shall be located within a completely enclosed building,
with doors, windows and other openings usually remaining closed to
reduce noise heard off site.
G.
The design and color of structures and improvements shall be chosen
to be compatible with and blend in with the surrounding area. All
adjacent property zoned "residential" shall be screened by buffer
areas planted on the station or plant site so as to maximize year-round
vegetative screening, or utilizing existing natural vegetation to
achieve a visual screen. The minimum size of evergreen trees planted
in a buffer shall be eight feet and deciduous/shade trees shall be
at least a two-and-one-half-inch caliper diameter at breast height.
All buffer areas shall be continuously maintained and dead plantings
shall be replaced.
H.
No outdoor storage of materials or equipment is permitted.
I.
The site shall be secured with gates, fencing and security personnel,
and security plans shall be provided to the Chief of Police designated
by the Borough for review. Access to the site shall be limited to
posted times when security personnel are on duty.
J.
The minimum distance between any natural gas compressor stations
shall be one mile.
K.
The station or plant may not be primarily powered by diesel, oil
or gasoline-fueled generators.
L.
The application shall include a proposed site plan containing all of the information required for a site plan submitted for a gas and oil well use application under § 205-443L herein, except that information pertaining to natural gas compressor stations and plants and related operations, structures or facilities shall be provided in lieu of information pertaining to gas and oil wells.
M.
Applicant shall, at its sole expense, provide site orientation and
associated training to all Borough emergency services providers before
operation begins and once per year thereafter. An emergency preparedness
plan shall be submitted, prepared by an expert in emergency/hazardous
materials response, which plan shall be reasonably satisfactory to
the Borough Police Chief, the Fire Chief of the fire company closest
to the plant locations and the Borough Emergency Management Coordinator.
N.
Noise. The Borough recognizes and acknowledges that compressor stations
and processing plants are accompanied by inherent noise. The regulations
in this Subsection are intended and shall be interpreted and applied
to establish a process for reasonable noise control that provides
for response to individual complaints, and requires that undue noise
be addressed, where feasible, without the Borough dictating the particular
operational steps that must be taken. The oil/gas operator shall take
the following steps to minimize, to the extent practicable, the noise
resulting from the compressor station and processing plant use:
(1)
Prior to operation of a compressor station or processing plant,
the oil/gas operator shall establish a continuous seventy-two-hour
ambient noise level at the nearest protected structure property line
or 100 feet from the nearest protected structure (as measured to the
closest exterior point of the building), whichever is closer to the
protected structure or, alternatively, and in lieu of establishing
the above seventy-two-hour ambient noise level, the oil/gas operator
may assume and use, for the purposes of compliance with this section,
a default ambient noise level of 55 dBA. The sound level meter used
in conducting any evaluation shall meet the American National Standards
Institute standard for sound meters or an instrument and the associated
recording and analyzing equipment which will provide equivalent data.
(2)
The oil/gas operator shall provide documentation of any established,
seventy-two-hour evaluation, relied upon to establish an ambient noise
level greater than 55 dBA, to the Borough's Zoning Officer within
three business days of such a request from the Zoning Officer.
(3)
Noise limits.
(a)
The noise generated during compressing or processing activities
when measured at the nearest protected structure property line or
100 feet from the nearest protected structure (as measured to the
closest exterior point of the building), whichever is closer to the
protected structure, shall not exceed the average ambient noise level
(as determined by the seventy-two-hour evaluation) or default level,
whichever is higher:
(b)
The oil/gas operator shall inform the Borough in writing of
which level (average ambient noise level or default level) is being
used.
(4)
The oil/gas operator shall provide for ongoing regular noise
level monitoring at a station to be located at or near the nearest
protected structure property line or 100 feet from the nearest protected
structure (as measured to the closest exterior point of the building),
whichever is closer to the protected structure. The noise monitoring
data acquired at this station shall be made available to the Borough
upon request.
(5)
Adjustments to the foregoing noise limits may be permitted in
accordance with the following:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
|
|---|---|
|
5
|
15
|
|
10
|
5
|
|
15
|
1
|
|
20
|
1
|
|
*
|
Cumulative minutes during any one hour.
|
(6)
If a complaint is received by the Borough from any owner or
occupant of a protected structure for any lawful purpose, within 2,000
feet from the equipment generating noise during gas and/or oil well
production, compressing or processing activities, the oil/gas operator
shall, within 24 hours of receipt of the complaint from the Borough,
continuously monitor for a forty-eight-hour period at a point which
is the closer the complainant's building of:
(7)
Once the monitoring is complete, oil/gas operator will provide
the monitoring data to the Borough within two business days and will
meet with Borough representatives and affected property owners and
will within one week of the meeting submit a noise abatement plan
to effectively mitigate any noise exceeding the permitted levels.
In determining the noise mitigation measures to be employed, the Borough
may, at the expense of the oil/gas operator, utilize the services
of a consultant with expertise in noise measurement, noise abatement
and gas and oil equipment operation.
(8)
Exhaust from any internal combustion engine or compressor used
in connection with the compressor station or processing plant operation
or used in development shall not be discharged into the open air unless
it is equipped with an exhaust muffler or an exhaust box. The exhaust
muffler or exhaust box shall be constructed of noncombustible materials
designed and installed to suppress noise and disruptive vibrations.
Moreover, all such equipment with an exhaust muffler or exhaust box
shall be maintained in good operating condition according to manufacturer's
specifications.
(9)
In cases where noise has exceed permitted levels and it is economically
feasible for gas and oil compressor station or processing plant equipment
to be outfitted with acoustic barrier insulation blankets or other
barriers, such barriers shall be installed in accordance with best
management practices in the industry; provided, however, that no such
acoustic barrier shall be required where its use would be contrary
to a preempted applicable state or federal regulation, or where its
use would create a safety hazard in the opinion of the Borough Engineer
or of any regulatory agency with jurisdiction.
(10)
The performance standards at Article XI shall all be met, except where otherwise provided in § 205-443; including § 205-1105 and the Ordinance No. O42-2010, as may be amended. It shall be a condition of approval that the Borough may, before or after the operation commences, require acoustical blankets, sound walls, mufflers or alternative methods to mitigate noise impact on residentially zoned property. The Borough may retain a noise expert to assist in achieving such noise mitigation, the cost of which shall be paid by the applicant or oil/gas operator.
O.
Off-street parking and loading requirements of Article VIII shall apply, provided that the number of parking spaces shall be determined as follows:
P.
Applicant shall provide adequate financial security, as determined
by the Borough Engineer, to ensure restoration of the natural gas
compressor station and/or natural gas processing plant once operations
cease for 18 months or more. Reapplication for conditional use approval
is required after a discontinuance of operations of 18 months or more.
Q.
The application shall be accompanied by a nonrefundable application
fee of $5,000 or such other amount as may be set by resolution of
Borough Council.
R.
Applicant shall separately be responsible for any other professional
review fees or costs incurred by the Borough in connection with its
review of the conditional use application or its component parts,
which may be required to be escrowed at the Borough's sole election.
S.
Applicant and any subcontractors associated with the development
of a natural gas compressor station or natural gas processing plant
shall be required to sign, upon receiving conditional use approval,
a developers agreement, prepared by the Municipal Solicitor. Such
developers agreement shall contain the conditions of approval as granted
by Council and hold all parties responsible for compliance with those
conditions.
A.
Dumpsters and service areas shall be screened from the public right-of-way
and not conflict with off-street parking associated with the use.
No dumpsters and/or service areas shall be located between the front
lot line of the lot and the front facade of the principal structure
in which it is located.
B.
Outdoor storage of materials shall not be permitted.
C.
A delivery plan for the use shall be submitted for Council approval.
A.
The facility shall be accredited by the commonwealth and shall have
direct access to an arterial road/street.
B.
Emergency facilities shall be located to minimize conflicts of circulation,
parking, loading and delivery between surrounding land uses.
C.
Access drives shall be located to take maximum advantage of sight
distances for motorists and shall be as remote as possible from street
intersections.
D.
Buildings shall be no higher than 55 feet.
A.
The location, orientation and lot circulation shall be such as to
minimize the disturbance to surrounding uses.
B.
All off-street parking areas located adjacent to existing residences
shall reduce exterior lights to half power after 9:00 p.m. and shall
be screened as per this chapter.
C.
A traffic impact study shall be required to be submitted, where the
proposed development according to the Institute of Transportation
Engineers (ITE) standards will generate 100 trips in addition to the
adjacent roadway's peak hour volumes.
D.
Dropoff/temporary parking areas shall remain free and clear of obstructions
for general safety and Fire Department access.
E.
A twelve-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
F.
Service of meals and/or beverages (alcoholic/nonalcoholic) must be
secondary to the principal use of room or suite rental.
G.
Secondary eating establishments serving alcoholic beverages or secondary
bars or nightclubs must be licensed by the Pennsylvania Liquor Control
Board.
H.
The owner(s)/operator(s) of a hotel/motel shall be responsible for
the conduct and safety of the renters and guests and shall be available
to respond to inquiries and promptly quell any disturbances caused
by renters or guests.
A.
The minimum lot area for an incinerator shall be 50 acres.
B.
An inventory of toxic corrosive flammable carcinogenic and explosive
materials, chemicals, liquids, gases or solids shall be filed annually
with the local fire department and 911 service.
C.
The perimeter of an incinerator including outdoor storage areas,
delivery areas and/or loading areas shall be screened from adjoining
properties. All screens shall have minimum height of eight feet and
shall be constructed as earth berms, fifteen-foot-wide landscape buffer
yards, fences or walls with a minimum opacity of 80%.
D.
An incinerator shall have one point of ingress and egress and shall
be a distance from an arterial road as defined by this chapter.
E.
Incinerators shall operate between 5:00 a.m. and 10:00 p.m. No deliveries
or operations shall be permitted prior to 5:00 a.m. or after 10:00
p.m.
F.
Emissions shall meet the minimum requirements of this chapter as
well as all applicable state and federal regulations.
G.
Such uses shall be located at least 500 feet from any lot line adjoining
an existing residential lot and at least 200 feet from any other lot
line or public right-of-way as defined by this chapter.
H.
No incinerator should be located within 1,000 feet of an existing
public or parochial school, hospital, nursing home, day-care center,
place of worship, place of assembly, public playground and public
or private park.
A.
Such uses shall be located at least 100 feet from any property line
adjoining an existing residential lot and at least 50 feet from any
other property line or public right-of-way as defined by this chapter.
B.
The minimum lot area shall be two acres.
C.
Outdoor animal runs and similar facilities shall be constructed for
easy cleaning, shall be adequately secured by a fence with a self-latching
gate and shall be screened by a six-foot-high compact hedge or 100%
opaque fence on all sides which are visible from an existing residential
lot or a public right-of-way.
D.
If adjacent properties are developed as residential lots, the kennels
shall be soundproofed to minimize noise impact on adjacent properties.
E.
The kennel shall be licensed by the Commonwealth of Pennsylvania,
and compliance with all applicable rules and regulations of the Commonwealth
of Pennsylvania and the Allegheny County Health Department shall be
maintained.
F.
At no time shall the animals be permitted to run loose on the lot
other than in a completely enclosed area.
G.
Approval shall be subject to periodic inspections to ensure compliance
with the conditions of approval. The Zoning Officer shall notify the
operator 48 hours before such inspection shall take place.
A.
All materials and equipment shall be stored within a completely enclosed
building.
B.
The use shall comply with all performance standards specified in
this chapter.
C.
The storage or manufacture of hazardous or potentially hazardous
materials shall not be permitted.
D.
Any outdoor storage conducted on the lot shall comply with Borough
standards.
E.
Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding neighborhood from detrimental
noise, dust, odor, vibration, light or other disturbance or interruption.
F.
An inventory of toxic, corrosive, flammable, carcinogenic or explosive
materials, chemicals, liquids, gases or solids stored and/or used
on site shall be available upon request.
A.
All materials and equipment shall be stored within a completely enclosed
building.
B.
The use shall comply with all performance standards specified in
this chapter.
C.
The storage or manufacture of hazardous or potentially hazardous
materials shall not be permitted.
D.
Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding neighborhood from detrimental
noise, dust, odor, vibration, light or other disturbance or interruption.
A.
Individual storage spaces within a mini-warehouse shall have a maximum
gross floor area of 500 square feet.
B.
Walls. A six-foot-high decorative masonry wall combined with an earthen
berm or landscaping to provide an eight-foot-high screen shall be
provided around the entire mini-warehouse land use, unless otherwise
approved by the Borough. The rear and sides of mini-warehouse buildings
may be used in place of portions of the required wall where no individual
storage units are accessible from the building sides. The exterior
side of all perimeter masonry walls and building sides (if used in
place of portions of the walls) shall be coated with a protective
coating that will facilitate the removal of graffiti.
C.
Lighting.
D.
Gates. All gates shall be decorative wrought iron, chain link, other
metal type, or wood. All gates shall be subject to review and approval
by the county fire department and sheriff's department to assure adequate
emergency access.
E.
A manager and/or caretaker shall be a permanent resident and on site
or available for immediate contact at all times.
Production of monuments and storage of materials shall be contained
within indoor operations.
A.
A nightclub serving alcohol shall be located in accordance with the
provisions of the Pennsylvania Liquor Control Board.
B.
A nightclub's hours of operation and activities must be appropriately
scheduled to protect all surrounding residential development from
detrimental noise, disturbance or interruption.
C.
The owner(s) and operator(s) of a nightclub shall be responsible
for the conduct and safety of the patrons.
D.
No more than one identification sign shall be permitted; said sign
shall be a ground or a wall sign. The graphic area of the sign shall
not exceed 40 square feet.
A.
A parking lot shall not be accessed within 50 feet of a roadway intersection.
B.
The perimeter of a parking lot along a public right-of-way shall
be landscaped with a minimum of a three-foot-high hedge or screened
with a minimum four-foot-high masonry wall.
C.
Curb cuts shall be located a minimum of 60 feet from an intersection
and 60 feet from other curb cuts.
D.
The use shall be located to minimize disruption to pedestrian movements.
A.
All pools, tennis courts, or other comparable facilities shall be
considered structures for the purpose of this chapter.
B.
Coverage, including structures, parking lots, and buildings, shall
not exceed 50% of the lot.
C.
The facility area and lot boundaries shall be landscaped as required
by the Borough to minimize noise projection and make the grounds aesthetically
compatible to the surrounding properties.
D.
All structures shall not be less than 100 feet from any lot line,
and no less than 200 feet from the nearest house.
E.
All facilities shall have a paved parking area in accordance with
this chapter; and it shall not be closer than 25 feet to any residential
lot line.
F.
All facilities shall abut a public road and have a permanent access
thereto.
G.
Alcoholic beverages without a Pennsylvania Liquor Control Board license,
amplified music, and jukeboxes shall be prohibited on the premises.
H.
No direct or sky-reflected glare, whether from floodlights or any
other kind of light, shall be visible from adjoining public streets
or adjacent lots when viewed by a person standing on ground level.
I.
All pools shall be surrounded by a fence at least six feet in height,
the entrance to which shall be kept locked when attendant is not present;
and shall be constructed in accordance with all applicable state requirements.
J.
Tennis courts shall be protected by a permanent fence 10 feet in
height behind each base line extending 10 feet beyond the playing
area in each direction.
K.
The landowner and/or developer shall demonstrate the proposal will
be compatible with the neighborhood and not adversely affect adjoining
lot.
L.
The amount of new traffic generated shall not have a detrimental
impact on the neighborhood.
M.
Plans shall clearly show ingress-egress facilities and provide proper
sight visibility for motorists.
N.
Hours of operation shall be scheduled to minimize negative impacts
on surrounding residential neighborhoods. The Borough may limit hours
within this time frame based on the use and location of the facility.
Operating hours for the purpose of this section shall mean the period
of time that the recreational or athletic activity is occurring.
A.
A research, testing and development facility shall have one point
of ingress and egress to an arterial road as defined by this chapter.
B.
Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding neighborhood from detrimental
noise, dust, odor, vibration, light or other disturbance or interruption.
C.
All interior driveways and parking areas shall be paved with a material
to reduce dust.
D.
An inventory of toxic, corrosive, flammable, or carcinogenic materials,
chemicals, liquids, gases or solids shall be updated annually and
filed with the local fire department and the Allegheny County 911
service.
E.
All equipment and processing shall be contained within an enclosed
building.
F.
No explosive materials or processes shall be used and no noise, smoke
or fumes shall be noticeable beyond the limits of the lot. With regard
to glare, see this chapter, required provisions pertaining to lighting
and glare for all districts.
G.
The lot shall be no less than 80,000 square feet in area and the
building or buildings shall be set back at least 100 feet from abutting
highways and residential zone boundaries.
A.
Required off-street parking for the restaurant shall be clearly designated
and shall be located within 300 feet of the entrance to the restaurant.
B.
Dumpsters and service areas shall be screened from the public right-of-way
and not conflict with off-street parking associated with the use.
No dumpsters and/or service areas shall be located between the front
lot line of the lot and the front facade of the principal structure
in which it is located.
C.
Outdoor storage of materials shall not be permitted.
D.
A delivery plan for the use shall be submitted for Council approval.
A.
Hours of operation shall be scheduled to minimize negative impacts
on surrounding residential neighborhoods.
B.
All lot lines adjoining residential use or zoning classification
shall be screened by the buffer yard of deepest dimension and greatest
opacity as required by this chapter.
C.
Building setbacks shall be consistent with the existing building
setbacks of adjoining lots.
D.
As a part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination on
a lot, when adjacent to a residential district, shall be a maximum
of zero footcandles. Lighting levels shall also be reduced by 1/2
their standard operating power, between 11:00 p.m. and 6:00 a.m.
E.
The location and arrangement of parking on a lot shall be designed
and constructed so that general safety and circulation is optimized
and so that the impact of vehicles and lighting on rights-of-way or
residential activity in proximity to the lot is minimized. The Borough
reserves the right to increase buffer yard requirements, require parking
to be located behind the minimum front principal building setback
or to designate other measures on the lot in order to maximize safety
and/or minimize impacts to surrounding uses.
F.
The ground surface of off-street parking shall be paved with bituminous,
brick, concrete or stone block paving material to protect the surrounding
neighborhood from inappropriate dust or other disturbances.
G.
One landscaped island for every seven parking spaces shall be provided
within all parking areas. All landscaped islands shall contain one
tree a minimum of two inches dbh.
(Listed as separate line items on the Principal Land Use Table.[1])
A.
Pedestrian walkways and loading areas shall be designed to be an
integral part of the surrounding street system and to minimize conflicts
with vehicles.
B.
Dumpsters and service areas shall be screened from the public right-of-way
and not conflict with off-street parking associated with the use.
No dumpsters and/or service areas shall be located between the front
lot line of the lot and the front facade of the principal structure
in which it is located.
C.
Outdoor storage of materials shall not be permitted.
D.
A delivery plan for the use shall be submitted for Council approval.
[1]
Editor's Note: See Chart C, which is included as an attachment
to this chapter.
A.
Pedestrian walkways and loading areas shall be designed to be an
integral part of the surrounding street system and to minimize conflicts
with vehicles.
B.
If the parking area for a development is adjacent to a single-family
residential lot and demands greater than 10 automobiles, the following
shall apply:
(1)
An additional ten-foot buffer yard with one of the following
shall be provided along the parking lot's perimeter to minimize the
impact of inappropriate noise, dust, light and other disturbances
on adjacent residential lots:
(a)
One and one-half times the required number of plants for screening
and buffering off-street parking and loading areas; or
(b)
A mound, a minimum of 3.5 feet in height at its peak, shall be constructed
whereas the sides do not exceed a four-foot-horizontal-to-one-foot-vertical
change in elevation. The mound shall be landscaped in its entirety
with plants that provide four seasons of interest but shall not include
turf grass. The landowner and/or developer shall coordinate site drainage
so that site development and grading do not create any adverse effects
on adjacent lots.
A.
Hours of operation and activities shall be appropriately scheduled
to protect the existing neighborhood from detrimental noise, disturbance
or interruption.
B.
A certified lifeguard shall be on duty at all times when the swimming
pool is being used.
C.
A plan for ingress and egress shall be presented inclusive of anticipated
peak hour rates and vehicular directional movements so that potential
conflicts of circulation and access between the pool and surrounding
uses are minimized.
A.
The landowner and/or developer shall demonstrate that the primary
visitor dropoff and pickup area is located in a manner that does not
cause undue traffic impacts (both pedestrian and vehicular) on the
surrounding neighborhood.
B.
Any additional standards that are needed to protect public health,
safety, and welfare or to address unique characteristics of a particular
lot defined by the Borough shall be complied with by the lot owner
and/or developer.
A.
Every portion of the property used for warehouse uses shall be located
not closer than 200 feet from any abutting property that is in a different
zoning district.
B.
All vehicular maneuvering shall be located on site.
C.
Curb cuts shall be minimized to the maximum extent feasible in order
to achieve access to the site.
D.
The approving body shall determine that such use will not create
detrimental impacts on the surrounding properties, taking into consideration
the probable traffic generation, the physical relationship of the
proposed use and structure to surrounding uses and structures, the
emission of noise or glaring light, and proposed accessory uses, such
as meeting facilities.
E.
Loading areas shall not be visible from a public right-of-way or
an adjacent residence. A landscaped buffer yard a minimum of 25 feet
in width shall be provided adjacent to all existing residences. Buffer
yards shall be landscaped with a combination of deciduous and evergreen
trees, shrubs, ornamental grasses and ground covers.
F.
Grass, sod, lawn or turf shall not be considered an acceptable plant
for use within landscaped buffer yards.
G.
Outdoor storage of foods and/or materials shall not be permitted.
H.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous paving, brick, concrete or store block paving
material to protect the surrounding neighborhood from inappropriate
dust and other disturbances.
I.
The building height of a warehouse located within a R-2 District
shall be compatible with the building height of adjacent lots' buildings.
A.
Administration. Planned office center developments are permitted
in the Industrial and Light Industrial Districts as conditional uses
granted by the Council.
B.
Procedure for application and approval of a conditional use for planned
office center development. All lot use requirements, engineering and
design requirements, recording requirements and the procedural requirements
will be considered part of the conditional use procedure as applied
to planned office center developments.
C.
Discretion to grant modifications. Council shall consider whether
proposed modifications contained in the application to any of the
applicable requirements of this chapter will make for a more efficient,
attractive and harmonious planned development. If such modifications,
in the judgment of Council, constitute a more beneficial use of the
site than provided for under the provisions of this chapter, then
Council may grant the modifications. However, in the identified floodplain
area, the following provisions will apply:
(1)
No modification will be granted for any construction, development,
use or activity within any Riverfront Overlay District that would
cause any increase in the one-hundred-year flood elevation.
(2)
Whenever a modification is granted to construct a structure
below the one-hundred-year flood elevation, the Borough shall notify
the applicant, in writing, that:
A use not expressly listed within Chart C,[1] may be considered for a special exception application
upon review and determination that the applicant's demonstration of
the proposed use:
A.
Impacts the neighborhood and adjacent streets, circulation and lots
equal to or less than any use specifically listed in the zoning district.
In making such determination, the following characteristics shall
be considered:
(1)
The number/density of residents/employees.
(2)
The floor area of the building, gross area of the lot and/or
scale of development devoted to the proposed use.
(3)
The type of products, materials, equipment and/or processes
involved in the proposed use.
(4)
The magnitude of walk-in trade.
(5)
The traffic and environmental impacts and the ability of the
proposed use to comply with the performance standards of this chapter.
(6)
The hours of operation.
(7)
The extent of pervious and impervious surfaces in relationship
to that currently present on adjacent lots and the overall block in
which development, infill, reuse and/or redevelopment is proposed.
B.
Elevations and site plans must be provided with the application.
C.
Will not endanger the public health and safety if located where proposed
and that the use will not deteriorate the environment or generate
nuisance conditions such as traffic congestion, noise, dust, smoke,
glare or vibration.
D.
Is in general conformity with the adopted Borough Comprehensive Plan
and harmony with the area in which it is proposed.
E.
Complies with any applicable standards and criteria specified in
this chapter for the most nearly comparable conditional uses or use
by special exception specifically listed in the zoning district in
which it is proposed is in compliance with all other standards of
this chapter and all other applicable Borough ordinances.
[1]
Editor's Note: Chart C is included as an attachment to this
chapter.
