[Ord. 970, 5/16/2007, § 901]
Applications for conditional uses, when listed as permissible by this chapter, shall be approved or denied by Borough Council in accordance with the standards and criteria of this Part.
[Ord. 970, 5/16/2007, § 902; as amended by Ord. 1041, 9/18/2013, § 5]
1.
Application Content.
A.
All applications for conditional use approval shall demonstrate compliance with the applicable express standards and criteria of this Part and the applicable lot and yard requirements of the zoning district in which the use is proposed.
B.
All applications for conditional use shall be submitted to the Zoning Officer, in the form prescribed from time to time by the Zoning Officer, with not fewer than six full-scale hard copies and 15 half-scale hard copies of all required maps (the minimum scale of which shall be one inch equals 200 feet), 21 hard copies of all other application material, and one electronic copy of all application materials (including maps).
C.
All applications for conditional use approval shall contain the following:
2.
Approval Procedure.
A.
A conditional use application shall not be considered to be administratively complete until all items required by this chapter, including the filing fee, have been received by the Borough. The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted, the Zoning Officer shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.
B.
Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to: the Borough Solicitor; the Borough Engineer; each member of the Planning Commission; and each member of the Borough Council.
C.
The Planning Commission shall review the application and forward its recommendation to Borough Council within 45 days of the date of the Borough's receipt of an administratively complete application.
D.
Borough Council shall hold a public hearing, pursuant to public notice, within 60 days of the date of the filing of an administratively complete application. The hearing shall be conducted in accordance with the applicable provisions of the MPC, 53 P.S. § 10101 et seq. In the event more than one hearing date is required, the scheduling of the same shall be in accordance with applicable provisions of the MPC, 53 P.S. § 10101 et seq. Borough Council shall make a decision on the conditional use application within 45 days of the last hearing.
E.
Where the application is contested or denied, the Borough Council decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, other than those related to off-site transportation or road improvement, as it may deem necessary to implement the purposes of this chapter and the MPC, 53 P.S. § 10101 et seq.
F.
All development, construction and use shall be in accordance with the approved conditional use plan unless a revised conditional use application is submitted, approved and filed. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Borough Council, and conditions attached by the Borough Council. Any development contrary to the approved conditional use plan shall constitute a violation of this chapter.
[Ord. 970, 5/16/2007, § 903]
The grant of a conditional use will expire one year after the date of the Borough Council's written decision unless (A) the applicant has applied for and obtained a building permit and commenced construction, or (B) in a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the conditional use.
[Ord. 970, 5/16/2007, § 904]
Before approving a conditional use application, Borough Council shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located, and that it will not substantially impair the use or development of adjacent properties. Borough Council shall use the following general standards, among other things, in its evaluation. These standards shall be in addition to any other requirements in this chapter for a specific type of use or development.
A.
The proposed use complies with the objectives of this chapter and is consistent with the Comprehensive Plan.
B.
The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter, unless a variance to any provision has been granted by the Zoning Hearing Board, and with other applicable Borough, county and commonwealth and federal ordinances, laws and regulations. The proposed use shall obtain applicable permits, licenses, approvals from Borough, Allegheny County, commonwealth and federal agencies before final approval of the conditional use application is granted.
C.
The proposed use is compatible with the surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation, or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.
D.
The proposed site for the conditional use is suitable in terms of topography and soil conditions and size, based on number of projected users and the frequency of use of the proposed use.
E.
The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading.
F.
The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, stormwater drainage, solid and toxic waste storage and disposal.
G.
The proposed use provides screening or buffer areas as required by this chapter.
H.
The proposed use and development conforms to the scale, character and exterior appearance of existing structures and uses in the neighborhood in which it is located.
[Ord. 970, 5/16/2007, § 905; as amended by Ord. 1023, 3/21/2012, §§ 6 — 40]
1.
For the types of uses identified in this Part, Council shall also determine that the proposed use complies with these additional standards.
A.
Adult Oriented Business.
(1)
Adult oriented businesses shall not be permitted in any zoning district other than the B-1 District as a conditional use.
(2)
Persons or owners who intend to open an adult oriented business must obtain from the Borough a license to operate such an enterprise pursuant to Chapter 13, Part 8 of the Forest Hills Borough Code of Ordinances, "Adult Oriented Businesses," and must pay to the Borough an investigation fee as may be set from time to time by resolution of Borough Council. In addition, such persons or owners must supply to the Borough detailed information as to the ownership and financing as required pursuant to Chapter 13, Part 8 of the Forest Hills Borough Code of Ordinances, "Adult Oriented Businesses."
(3)
No adult oriented business shall be opened or operated if the establishment would be within 600 feet of a pre-existing school, group care facility, park, church or another adult oriented business.
(4)
No adult oriented business shall be opened or operated if the establishment is within 200 feet of a hospital, nursing home or establishment which is licensed to and does sell alcoholic beverages.
(5)
An adult oriented business shall be initially licensed, where it has met the requirements set forth in Chapter 13, Part 8 of the Forest Hills Borough Code of Ordinances, "Adult Oriented Businesses," through December 31 of the year in which the license is issued. For each year thereafter that the adult oriented business intends to continue as an adult oriented business, it must seek from the Borough a renewal of the license. The lack of a valid license at any time shall be a proper basis for the Borough to deny or revoke an occupancy permit to an adult oriented business.
B.
Ancillary Shop in the S-2 and S-3 Districts. In the S-2 and S-3 Special Districts, ancillary shops, such as news stands, private food service facilities, barber shops, or other similar uses which are supportive of the principal development, must satisfy the following standards to be permitted as conditional accessory uses in professional or administrative offices.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(7)
The proposed accessory use has an aggregate floor area no greater than the ground floor area of the office structure in which it is to be located.
(8)
All access to the proposed accessory use shall be from a common area located in the interior of the ground floor of the office structure in which it is to be located.
(9)
A zoning occupancy permit for the proposed accessory use shall not be approved prior to the issuance of a zoning occupancy permit for the principal use.
(10)
The proposed accessory use shall not continue if the principal use is discontinued.
(11)
The proposed accessory use and the principal use shall be held in the same ownership.
(12)
The proposed accessory use shall not have direct exterior access.
(13)
The area used for the proposed accessory use shall not reduce the number of dwelling units otherwise permitted in the district.
(14)
Off-street parking spaces, as required by this chapter, shall be provided for the proposed accessory use.
C.
Assisted Living Facility.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The maximum length of the front of any building shall not exceed 250 feet.
(6)
The development shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by firefighting equipment and vehicles.
(7)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(8)
Parking shall be provided in accordance with the requirements of § 27-701, Subsection 1A, except that additional parking for the supporting uses intended for the residents and their invited guests shall not be required.
(10)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(11)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(12)
Access drives shall be located so as to provide the maximum sight distance possible.
D.
Automobile Service Station. Automobile service stations must satisfy the following standards to be permitted as a conditional use.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Borough for record.
(6)
The maximum length of the front of any building shall not exceed 250 feet.
(7)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(8)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(9)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(10)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(11)
Traffic circulation shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjacent streets or alleys.
(12)
Access drives shall be located so as to provide the maximum sight distance possible.
(13)
The proposed use shall not be located on a lot of less than 10,000 square feet.
(14)
The proposed use shall have side yard setback areas of at least 15 feet.
(15)
The proposed use shall not locate any storage tank for flammable or otherwise hazardous material closer than 30 feet from any property line.
E.
Bank.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(6)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(7)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(8)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
F.
Bank with Drive-Through.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(6)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(7)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(8)
Traffic circulation shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjacent streets or alleys.
G.
Bed and Breakfast.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The minimum lot area required shall be 10,000 square feet.
(6)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(7)
In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.
(8)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
H.
Cemetery.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
A minimum site of five acres shall be required, unless part of a worship site, in which case the minimum size shall be two acres.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(7)
Traffic circulation shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjacent streets or alleys.
H.1.
Child Day-Care Center and Child Day-Care Facility.
[Added by Ord. 1048, 3/25/2015]
(1)
A short narrative shall be submitted as part of the land development application, describing the use, operation, and function of the proposed use. Information pertinent to the development, including, but not limited to, the following, shall be provided:
(3)
A traffic study shall be submitted by the applicant, demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed use. Such study shall be prepared in accordance with Chapter 22 of the Forest Hills Borough Code of Ordinances, Subdivision and Land Development, as amended.
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed 1/2 footcandle.
(5)
The facility shall provide parking in compliance with Part 7 of this chapter, and parking areas, regardless of the number of cars, shall be screened as prescribed by § 27-703 of this chapter. In addition, all off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(6)
Location of the building, traffic circulation on the property, and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(7)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(8)
Area and bulk requirements shall be as prescribed for the district where the property is located, unless otherwise stated in this chapter. Borough Council may reduce these dimensions when such use is to be located in an existing structure.
(9)
Change of ownership or of any other condition contained in the original approval of a child day-care center or child day-care facility shall constitute a new use, and the procedure for obtaining conditional use approval of a new facility shall be executed.
(10)
The facility shall be licensed by the appropriate commonwealth agency and must operate in accordance with the requirements of the agency. Proof of this valid license must be provided to the Borough prior to the Borough's issuance of a zoning occupancy permit for the use and at any time thereafter upon request by the Borough.
(11)
An outdoor play area:
(a)
Shall be at least 20 feet in width at all points;
(b)
Shall adjoin the building where the facility is located;
(c)
Must be located at least 30 feet from any and all streets or other rights-of-way;
(d)
Must be located at least 10 feet from any property lines;
(e)
Shall be completely enclosed by a safe, secure and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Borough Council. Any outdoor play area potentially susceptible to encountering vehicles leaving streets, roadways, travel lanes, or accessways shall be protected by a barrier capable of preventing the vehicle from entering the outdoor play area;
(f)
Shall contain appropriate yielding surfaces underneath any permanent play equipment; and
(g)
Shall be screened, as seen necessary by the Borough Council, so as to protect the neighborhood from inappropriate noise and other disturbance.
(12)
Safe vehicle access and areas for dropping off and picking up children shall be provided. The primary dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
I.
Commercial School.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The maximum length of the front of any building shall not exceed 250 feet.
(6)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(7)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(8)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(9)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
K.
Wireless Communications Facilities Located Outside of the Public Right-of-Way and WCFs Exceeding 50 Feet in Height. WCFs located outside the public right-of-way and WCFs that exceed 50 feet in height are permitted as a conditional use in the S-1, S-2, and S-3 Zoning Districts and shall comply with the regulations set forth below.
[Amended by Ord. No. 1073, 8/15/2018; and by Ord. No. 1086, 8/19/2020]
(1)
All WCFs that are located outside of the public right-of-way and/or exceed 50 feet in height shall comply with § 27-904 as well as the standards below. WCFs that are located in the public right-of-way with a height of 50 feet or less shall comply with Chapter 21 of the Borough of Forest Hills Code of Ordinances, but are exempt from the requirements below.
(2)
Noncommercial Usage Exemption. Borough citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from this section.
(3)
Nonconforming Uses. Nonconforming WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored, in kind, at their former location, but must otherwise comply with the terms and provisions of this section, except that any collocation approved under a former ordinance shall be permitted to continue consistent with the requirements of Chapter 21 of the Borough of Forest Hills Code of Ordinances, the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.1, et seq. ("WBCA"), and applicable federal law.
(4)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission ("FCC") to operate the proposed WCF.
(5)
The applicant shall demonstrate that the proposed WCF complies with safety standards now or hereafter established by the FCC. No WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(6)
The applicant shall demonstrate compliance with all applicable Federal Aviation Administration ("FAA") and any applicable airport zoning regulations.
(7)
An applicant for a WCF under this section must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage or capacity. The existence or nonexistence of a gap in wireless coverage or capacity may be a factor in the Borough's consideration of and decision on an application for approval of WCFs.
(8)
Any applicant proposing a new WCF subject to this section shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna(s) on an existing support structure within the public right-of-way. A good faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed WCF shall be contacted and that one or more of the following reasons for not selecting an alternative support structure apply:
(a)
The proposed equipment would exceed the structural capacity of the existing support structure and reinforcement of the structure cannot be accomplished at a reasonable cost.
(b)
The proposed equipment would cause radio frequency interference with other existing and proposed equipment for that existing building, existing public utility storage or transmission structure and the interference cannot be prevented at a reasonable cost.
(c)
Existing buildings or towers do not have adequate space, access, or height to accommodate the proposed equipment.
(d)
Addition of the proposed equipment would result in nonionizing electromagnetic radiation levels which exceed adopted federal or state emission standards.
(9)
Any WCF shall be designed at the minimum functional height. All WCF applicants must submit documentation to the Borough justifying the total height of the structure. The maximum total height of any WCF shall not exceed 180 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations. WCFs greater than 50 feet are prohibited from being located in the public right-of-way.
(10)
All parts of the WCF shall be set back from the property line at least 50 feet. If the support structure is located on property which adjoins a residential zoning district, the setback shall be at least equal to the height of the support structure.
(11)
A security fence having a minimum height of 10 feet shall completely surround the WCF, as well as guy wires, or any building housing WCF equipment. The support structure shall be equipped with anti-climbing devices as approved by the manufacturer for the type of installation proposed.
(12)
The applicant shall submit evidence that the WCF and its method of installation has been certified by a registered engineer to be structurally sound and able to withstand wind and other loads in accordance with the Borough Building Code and accepted engineering practice. All plans and drawings shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(13)
At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers.
(14)
Ground-based transmission equipment is discouraged; however, if permitted, it shall comply with the height and yard requirements of the zoning district for accessory structures.
(15)
The exterior finish of the WCF shall be compatible with the immediate surroundings. The accessory structures shall be maintained.
(16)
Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough of Forest Hills Code of Ordinances or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance. For WCFs exceeding 50 feet in height, the owner must submit yearly inspections conducted by a structural engineer at the owner's expense. Any structural faults identified by the inspection shall be corrected immediately and reinspected and certified to the Borough by a structural engineer at the owner's expense.
(17)
Landscaping may be required by Borough Council, upon recommendation by the Planning Commission, which is suitable to the proposed location of the WCF proposed in order to provide screening of the facilities from adjacent streets or residential properties.
(18)
Fees. The Borough may assess appropriate and reasonable permit fees, as delineated or limited by the WBCA or any other applicable state and/or federal laws or regulations, which are directly related to the Borough's actual costs in reviewing and processing applications for approval as well as related inspection, monitoring and related costs.
(19)
Retention of Experts. Except as limited by the WBCA or other applicable statute, the Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Borough for all reasonable costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(20)
Shot Clock. Within 30 calendar days of the date that an application for a WCF under this section is received, the Borough shall notify the applicant in writing of any information that may be required to complete such application. All such applications shall be acted upon within 90 days of the receipt of a fully-completed application for the approval and the Borough shall advise the applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period.
(21)
Signs. Signage of any type, except for: signage required by law, safety signage, and signage identifying the WCF's operator and subsequent contact information, is prohibited from being attached to or displayed upon any WCF.
(22)
Historic Buildings. No WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough to be of historical significance. This restriction shall not apply in instances in which the historic building or structure in question holds WCF equipment on the date of adoption of this section.
(23)
Insurance. Where permitted by law, each person that owns or operates a WCF greater than 50 feet in height or located outside the public right-of-way shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the WCF.
(24)
Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(25)
Maintenance.
(a)
WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.
(c)
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notification by the Borough.
(26)
Identification Signs. All WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency.
(27)
Licenses. Each person that owns or operates a WCF shall submit a copy of its current FCC license (if a licensee), including the name, address, and emergency telephone number for the operator of the facility.
(28)
Removal. In the event that use of a WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All unused or abandoned WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site, unless a time extension is approved by the Borough.
(b)
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
(c)
Any unused portions of WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a WCF previously removed.
(29)
To the extent permitted by the WBCA or any other applicable state and federal laws or regulations, the Borough Council may impose additional restrictions as it deems necessary to ensure that there is no adverse impact upon the functioning of a district, municipal infrastructure (including, but not limited to the Borough's water and sewer systems, transportation network, etc.), or adjacent land uses.
L.
Conversion Dwelling.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The maximum length of the front of any building shall not exceed 250 feet.
(6)
Location of buildings, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(7)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(8)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
M.
Funeral Home.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The minimum lot area shall be 20,000 square feet.
(6)
The maximum length of the front of any building shall not exceed 250 feet.
(7)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(8)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(9)
Dumpsters shall be located in the rear yard setback and shall be screened with landscaping, fence or wall with a maximum height of five feet.
(10)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(11)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(12)
Traffic circulation shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjacent streets or alleys.
N.
Garden Apartment.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The maximum length of the front of any building shall not exceed 250 feet.
(6)
Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater.
(7)
Location of the buildings, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(8)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(9)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
O.
Grocery Store.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(6)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(7)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(8)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(9)
Access drives shall be located so as to provide the maximum sight distance possible.
P.
Group Home and Family Care Facility. Group homes and family care facilities must satisfy the following standards to be permitted as a conditional use:
(1)
A group home shall be permitted as a conditional use only in the R-2, R-3 and S-1 Districts. A family care facility shall be permitted as a conditional use only in the R-1, R-2, R-3, S-1 and S-2 Districts.
(2)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(4)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(5)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(6)
The maximum length of the front of any building shall not exceed 250 feet.
(7)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(8)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(9)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(10)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(11)
In order to prevent the concentration of such uses in a neighborhood and to avoid impacting existing residences, no group home or family care facility may be located within 2,500 feet of another group home or family care facility, as measured from lot line to lot line.
(12)
The number of off-street parking spaces required for a group home or family care facility shall be as provided in Part 7 of this chapter.
(13)
Area and bulk requirements shall be as prescribed for the district where the property is located, unless otherwise stated in this chapter. Borough Council may reduce these dimensions when such use is to be located in an existing structure.
(14)
Change of ownership or sponsorship or of any other condition contained in the original approval of the group home or family care facility shall constitute a new use, and the procedure for obtaining conditional use approval of a new facility shall be executed.
(15)
The operator of the group home or family care facility shall obtain any required licenses or certifications from the appropriate commonwealth or county agency prior to the conditional use approval. In no case shall an occupancy permit be granted for the facility until proof of such.
Q.
Horticulture.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Borough for record.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(7)
The minimum site shall be 0.5 acres.
(8)
No storage of manure or odor or dust producing substances shall be permitted within 50 feet of any adjacent lot line.
(9)
The raising of plants, trees, flowers and shrubs shall be clearly the primary use of the property and shall not include the sale of bulk commodities.
(10)
Delivery of materials, plants, flowers, shrubs or trees shall not be made using a tractor-trailer combination vehicle, except on an arterial street.
(11)
No greenhouse shall be located closer than 50 feet to the nearest property line.
R.
Hospital. Hospitals must satisfy the following standards to be permitted as a conditional use.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Borough for record.
(6)
The development shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by firefighting equipment and vehicles.
(7)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(8)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(9)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(10)
Access drives shall be located so as to provide the maximum sight distance possible.
(11)
The proposed use shall be located on a lot not less than 10,000 square feet, plus 300 square feet for each bed or in-patient facility.
S.
Hotel/Motel. Hotels and motels must satisfy the following standards to be permitted as a conditional use.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(7)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(8)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(9)
The proposed use shall be located on a lot not less than 1,000 square feet per rental unit for a one story structure, and not less than 750 square feet per rental unit for structures a two or more story structure.
(10)
Every rental unit shall have a floor area of not less than 300 square feet and shall contain no more than one bedroom.
T.
Mid- and High-Rise Apartments.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The maximum length of the front of any building shall not exceed 250 feet.
(6)
Location of the buildings, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(7)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(8)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(9)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
U.
Nongovernmental Service Organization.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The development shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by firefighting equipment and vehicles.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(7)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(8)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
V.
Office, Existing Building, Medical or Dental Clinic.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
W.
Office, New, Administrative, Professional or Medical.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(7)
Dumpsters shall be located in the rear of the building and shall be screened with landscaping and a fence or wall with a maximum height of five feet.
(8)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(9)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
W.1.
Oil and gas development and related operations. Oil and gas development and/or related operations must satisfy the following standards to be permitted as a conditional use:
[Added by Ord. 1059, 10/19/2016]
(1)
Oil and gas development and related operations shall not be permitted in any zoning district other than the B-1 Business District.
(2)
Oil and gas development is permitted on property that is a minimum of five acres or larger. Multiple property owners can combine adjoining parcels in the district to achieve the minimum five acres required.
(3)
Related operations are permitted on property that is a minimum of 10 acres or larger. Multiple property owners can combine adjoining parcels in the district to achieve the minimum 10 acres required.
(4)
A person or entity seeking conditional use approval for oil and gas development and/or related operations must submit a written application on such forms as established by the Borough. A conditional use application related to oil and gas development and/or related operations shall not be considered complete and properly filed unless and until the following information and plans are received:
(a)
A general description of the proposed oil and gas development and/or related operations, including the number of acres to be disturbed, the associated equipment to be used, and, if a drill or well site is proposed, a schedule of anticipated beginning and ending dates of drill or well site preparation, drilling activity, perforating work, fracking work, and production work.
(b)
An accurate legal description of the surface lease property proposed to be used for the oil and gas development and/or related operations, and, if applicable for an oil and gas development, the pooled parcels included in the plan, and the list of property owners in the lease pool with property recorded by block and lot numbers.
(c)
A traffic impact study, to include a map showing the planned access route to the oil and gas development and/or related operations site on public roads and a description of plans for transportation of materials and equipment. See § 27-1019, Subsection 19, of this chapter, related to road use and drill site access.
(e)
A site plan prepared by a licensed engineer evidencing compliance with all applicable regulations. The site plan shall show the planned surface locations of the well, derricks, fresh water impoundments, drilling rigs, equipment, temporary and permanent structures, fencing, and landscaping, all permanent improvements to the site, and any post-construction disturbance. The landscape plan shall be sealed by a licensed landscape architect.
(f)
Written authorization from the property owners who have legal or equitable title to the mineral rights of the proposed oil and gas development or related operations, and a copy of the oil/gas drilling lease, less any confidential information.
(g)
Written authorization from the surface property owners granting permission for the operator to access the oil and gas development or related operations site.
(h)
Copies of any and all waivers from owners of protected structures.
(i)
The contact information for the operator, including the GIS location of the proposed oil and gas development or related operations as well as a site address determined by the County 911 addressing program and registered within the GPS system for the use of emergency first responders. The location shall include the nearest crossroads and intersections.
(j)
Certification that a bond is held by the PADEP to ensure proper plugging when the well is classified as inactive by the PADEP.
(k)
A preparedness, prevention, and contingency ("PPC") plan, as defined in the PADEP document "Guidelines for the Development and Implementation of Environmental Emergency Response Plans," or the most-recent applicable guidance document. See § 27-1019, Subsection 16, of this chapter, related to emergency and safety procedures.
(l)
A noise management plan detailing how the equipment used in connection with the oil and gas development and/or related operations, including, but not limited to, the drilling, completion, transportation, or production of a well, compare with the maximum permissible noise levels. See § 27-1019, Subsection 20, of this chapter, related to noise.
1)
The noise management plan must:
a)
Identify the sound power level of all major equipment and/or processes, including the identification of maximum sound and power levels at all points designated by the Borough;
b)
Provide documentation establishing the ambient noise level;
c)
Provide documentation, including computer modeling, in form and substance satisfactory to the Borough and performed by a qualified person whose credentials are acceptable to the Borough, establishing compliance with this section during the construction and operation of the applicable oil and gas development and/or related operations; and
d)
Detail how noise impacts will be mitigated.
2)
In determining noise mitigation, specific site characteristics shall be considered, including, but not limited to, the following:
3)
Operation and site noise management measures may include, but are not limited to:
a)
The use of critical grade mufflers on generators and motors;
b)
Equipment or process substitution with a lower sound power level;
c)
Use of structural noise curtains, walls, or enclosures;
d)
Best management practices for utilizing best available control technology to limit or eliminate noisier operations;
e)
Increase of setbacks;
f)
Erection of sound barriers; and
g)
Altering the direction, size, proximity, duration and extent of the operations associated with the applicable oil and gas development and/or related operations.
(m)
Copies of any and all permits and applications submitted to the various local, state, and federal agencies. Permits and plans shall include, but shall not be limited to, the PADEP well application and permit, ESCGP-1 (erosion and sedimentation control general permit), or other erosion and sedimentation permits, and all air, water, and waste management permits.
(n)
A water withdrawal plan for the oil and gas development and/or related operations, identifying the source of the water, how many gallons will be used and withdrawn each day, the origination of the water, the proposed truck routes, and all permits issued by the Commonwealth of Pennsylvania or any other governmental body. The site for the treatment and disposal of the water shall also be identified.
(o)
A disposal plan identifying the means for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials, and other waste products.
(p)
A plan for the transmission of gas from the oil and gas development and/or related operations to an off-site pipeline, or a statement that there is no off-site pipeline. The plan shall identify, but shall not be limited to, gathering lines, compressor stations, and other mid- and downstream facilities located within the Borough and extending 800 feet beyond the Borough boundary. Evidence of easements to cross private property along the route, as well as Borough approval to utilize any public right-of-way, shall also be required. The contact information for the pipeline owner and pipeline operator shall also be included.
(q)
List of owners and addresses of each parcel of property within 1,000 feet of the boundaries of the proposed oil and gas development and/or related operations site.
(r)
Copies of valid insurance policies issued by a corporate insurer licensed in the Commonwealth of Pennsylvania with a rating of not less than an "A" in the most-recent edition of Best's Insurance Reports and that shall have been in business for at least the past five years from the date of application. See § 27-1019, Subsection 27, of this chapter, related to insurance.
(s)
A community and environmental impact analysis drafted by an independent environmental engineering consultant whose credentials are acceptable to the Borough and whose fee is paid by the applicant. The purpose of the statement is to determine the environmental impact of the project on the immediate site and surrounding area. This information will allow the Borough to make more-informed decisions relating to the proposed action. At a minimum, the statement shall provide the following information:
1)
A description of the proposed oil and gas development and/or related operations, its purpose, a schedule of construction and length of operation, and its interrelationship with other oil and gas developments within the Borough. This information and technical data must be sufficient to allow a thorough assessment of the proposed oil and gas development and/or related operations' environmental impact.
2)
A comprehensive description of the baseline environmental conditions identified before any activities associated with oil and gas development or related operations.
3)
A description of the environmental impacts of the proposed oil and gas development and/or related operations both during and after complete build-out of the proposed oil and gas development and/or related operations. This description shall focus both on the environmental details most likely to be affected by the proposed oil and gas development and/or related operations and on the broader regional aspects of the environment impacts, including ecological interrelationships. These impacts shall be defined as direct or indirect changes in the existing environment and as either beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion shall include the impact not only upon the nature environment but upon land use as well.
4)
A discussion of potential impacts of man-caused accidents and natural catastrophes and their probabilities and risks, with supporting statistics developed by analyzing similar oil and gas developments and/or related operations at similar locations.
5)
A discussion of measures that are required to protect or mitigate impacts upon the environment, including any associated research or monitoring. The discussion must include sufficient documentation and supporting material to demonstrate that the proposed measures will function as expected.
6)
A discussion of the unavoidable adverse impacts described in Subsection 1W.1(4)(s)3) and 4) above - both the short-term impacts (i.e., those occurring during build-out of the oil and gas development and/or related operations), the long-term impacts, and the cumulative impacts on the environment. Particular attention should be paid to the oil and gas development and/or related operations' relationship to trends of similar oil and gas developments and/or related operations (e.g., cumulative noise degradation posed by nearby oil and gas developments and/or related operations).
7)
Hydrologic analysis and information, including, but not limited to, a description, inventory, analysis, and evaluation of the existing groundwater conditions. This analysis must be focused in terms of both surface water and groundwater quality and quantity, a discussion of likely and possible changes to these resources, and a discussion of measures to reduce or mitigate the identified impacts. The analysis must include those Borough residents within 2,000 feet of the proposed oil and gas development and/or related operations who depend on well water.
(t)
The express standards and conditions referenced herein shall also be addressed and submitted with the conditional use applicant's application for preliminary and final land development and/or subdivision approval consistent with the Borough's Subdivision and Land Development Ordinance [Chapter 22]. An escrow account for the review by professional consultants under the Subdivision and Land Development Ordinance shall be established by the applicant in the amount of $25,000. The escrow amounts shall be immediately replenished in full by the applicant if the balance of the account reaches $10,000. The escrow account shall be maintained following final conditional use approval to provide for inspections in accordance with the Subdivision and Land Development Ordinance.
(u)
A PPC plan, as defined in the PADEP document "Guidelines for the Development and Implementation of Environmental Emergency Response Plans," or the most-recent applicable guideline.
1)
If the PPC requires availability and/or utilization of special equipment or supplies particular to the emergency hazards or conditions addressed in the PPC, the Borough may require that the operator reimburse the Borough for the cost of procurement of such special equipment or supplies and for the cost of any emergency equipment damaged or destroyed during the handling of emergencies.
2)
The PPC plan shall be made available to all Borough emergency first responders, including Fire Department (and local mutual aid fire departments), Police Department, emergency medical services, and the Borough Zoning Officer.
3)
The PPC must demonstrate the following:
a)
Phone number of an emergency well control service, with which the operator has a contract, to be called after calling 911, in case of well fire or blowout;
b)
The GIS location of the proposed oil and gas development and/or related operations as well as the site address determined by the County 911 addressing program and registered within the GPS system;
c)
Site plan to include a second point of access and egress;
d)
First responders' emergency preparedness protocols for all potential hazardous scenarios and emergencies, including, but not limited to, explosions, fires, geological activity, flooding, pipe rupture, or other surface contamination by hazardous and/or flammable materials;
e)
Knox-Box® rapid entry system set up for easy access to a locked site purchased from the Borough;
f)
Method of notification in case of emergency to all occupants within 1,000 feet of the boundary of the oil and gas development or related operations site;
g)
A detailed evacuation plan addressing the evacuation strategy and the designated evacuation site for any public or private school, hospital, day-care facility, or concentrated residential, commercial or industrial area if any such facility or area will be located within 2,000 feet of the proposed oil and gas development or related operations site; and
h)
Designation of a "muster site" where all employees, contractors, and subcontractors on site should gather in order to be counted in the event of an incident.
X.
Personal Service Shop, Professional Office and Food Service Facilities in the S-2 and S-3 Districts. In the S-2 and S-3 Special Districts, personal service shops, professional offices and food service facilities shall satisfy the following standards to be permitted as conditional accessory uses in apartment buildings.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The maximum length of the front of any building shall not exceed 250 feet.
(6)
The maximum length of the front of any building shall not exceed 250 feet.
(7)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(8)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(9)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(10)
The principal apartments shall contain no less than 100 dwelling units located in a structure no less than six stories in height;
(11)
The proposed accessory use shall be contained within an apartment building, or shall be appurtenant to a private recreation center for use by the residents of the proposed development.
(12)
The gross floor area devoted to the proposed accessory use shall not exceed 25% of the gross floor area in any structure nor 10% of the aggregate gross floor area of all the principal apartment structures of the development. In computing gross floor area of apartment structures, portions used for automobile storage or indoor parking shall not be counted.
(13)
A zoning occupancy permit for the proposed accessory use shall not be approved prior to the issuance of a zoning occupancy permit for the principal use.
(14)
The proposed accessory use shall not continue if the principal use is discontinued.
(15)
The proposed accessory use and the principal use shall be held in the same ownership.
(16)
The proposed accessory use shall not have direct exterior access.
(17)
The area used for the proposed accessory use shall not reduce the number of dwelling units otherwise permitted in the district.
(18)
Off-street parking spaces shall be provided for the proposed accessory use.
Y.
Public Building and Public Building Conversions. Public buildings and public building conversions shall satisfy the following standards to be permitted as a conditional use.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(7)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(8)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(9)
Access drives shall be located so as to provide the maximum sight distance possible.
(10)
The proposed use shall provide proper separation and protection for abutting residential properties when located in or adjacent to a residential district.
(11)
Public building conversions shall not include uses which generate heavy truck or vehicular traffic.
(12)
Public building conversions shall not encroach into any buffer area required by § 27-703 of this chapter.
(13)
Public building conversions shall include buffers planted with hedges shrubs and tress of sufficient height, opacity and density to provide a permanent screen to protect adjacent properties. Provisions for the maintenance of such landscape buffers shall be guaranteed by the developer.
Z.
Recreation/Entertainment, Indoors.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The maximum length of the front of any building shall not exceed 250 feet.
(6)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(7)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(8)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(9)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(10)
Access drives shall be located so as to provide the maximum sight distance possible.
AA.
Recreation/Entertainment, Outdoors.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The maximum length of the front of any building shall not exceed 250 feet.
(6)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(7)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(8)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(9)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(10)
Access drives shall be located so as to provide the maximum sight distance possible.
BB.
Religious Assembly.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
A dwelling (such as a manse or parsonage) may be located on the same lot with religious assembly provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to religious assembly.
(6)
The maximum length of the front of any building shall not exceed 250 feet.
(7)
Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(8)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(9)
Egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(10)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(11)
Traffic circulation shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjacent streets or alleys.
(12)
Access drives shall be located so as to provide the maximum sight distance possible.
CC.
Religious Communal Living.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The maximum length of the front of any building shall not exceed 250 feet.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(7)
The minimum lot area shall be 10,000 square feet plus 300 square feet for each sleeping room in excess of four; where a sleeping room is occupied by more than two beds, every two beds therein shall be counted as a single sleeping room.
DD.
Research Laboratory.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Borough for record.
(6)
The maximum length of the front of any building shall not exceed 250 feet.
(7)
Location of buildings, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(8)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(9)
Dumpsters shall be located in the rear of the building and shall be screened with landscaping and a fence or wall with a maximum height of five feet.
(10)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(11)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
EE.
Restaurant. Restaurants shall comply with all requirements of this chapter, including, but not limited to, the requirements set forth in the permitted use, conditional use, yard and area requirements for the B-1 Business District, Part 7, "Off-Street Parking," and Part 10, "Supplementary Regulations." Restaurants shall also be subject to the following additional conditions, limitations, and requirements:
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(7)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(8)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(9)
Access drives shall be located so as to provide the maximum sight distance possible.
(10)
The gross floor area of the restaurant shall not exceed 5,000 square feet.
(11)
The building footprint of the restaurant, defined as the gross floor area of the first floor of the structure, shall not exceed 3,000 feet.
(12)
No less than 80% of the floor area to which the customer has access shall be devoted to sit-down dining tables.
(13)
Dancing shall be prohibited.
(14)
Live entertainment shall be limited to vocal performances and nonamplified instrumental performances. Notwithstanding the foregoing, electronic keyboard instruments shall also be permitted.
(15)
Billiard and pool tables shall be prohibited.
EE.1.
Restaurant, Drive-Through. Restaurants, drive-through, shall comply with all requirements of this chapter, including, but not limited to, the requirements set forth in the permitted use, conditional use, yard and area requirements for the district in which the use is located, Part 7, "Off-Street Parking," Part 10, "Supplementary Regulations" and Table 27-2 of Part 3, "District Regulations," of this chapter. Restaurants, drive-through, shall also be subject to the following additional conditions, limitations, and requirements:
[Added by Ord. No. 1067, 10/18/2017]
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, Subdivision and Land Development.
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2 footcandle.
(5)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(7)
Access drives shall be located so as to provide the maximum sight distance possible.
(8)
The gross floor area of the restaurant shall not exceed 5,000 square feet.
(9)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion and so that it does not conflict with pedestrian or vehicular movement.
(10)
Any establishment that includes a drive-through facility shall provide a minimum of five queuing spaces in tandem with a minimum total length of 100 feet in direct line with each window or stall for vehicles to wait in line.
(11)
The queuing spaces shall be located so as not to interfere with the use of any parking spaces or the free flow of traffic on the site and shall be adequately marked and indicated with directional signs.
(12)
No more than two service lanes shall be present and a passage around and escape from the outermost drive-through service lane shall be provided for.
FF.
Retail Sales and Service, New and Existing Building.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(6)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(7)
Loading areas shall not be visible from any retail use, and shall be located in the rear of the building.
(8)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(9)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(10)
Access drives shall be located so as to provide the maximum sight distance possible.
FF.1.
Retail Sales and Service, Consumer Fireworks.
[Added by Ord. No. 1071, 4/18/2018]
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(2)
This use shall not occur, no conditional use approval shall be granted, and no zoning, building, or grading permits shall be issued, until the applicable procedures and provisions in this chapter have been satisfied, the applicable provisions of the other ordinances of the Borough have been satisfied, and all applicable requirements of the Commonwealth of Pennsylvania have been satisfied, as evidenced by the operator's license issued from the Pennsylvania Department of Agriculture.
(3)
The facility shall be a standalone permanent structure.
(4)
The facility shall be located at least 250 feet from a facility selling or dispensing gasoline, propane or other flammable products and at least 1,500 feet from another facility licensed to sell consumer fireworks.
(5)
The facility shall have a monitored burglar and fire alarm system.
(6)
Quarterly fire drills and preplanning meetings shall be conducted with the Forest Hills Volunteer Fire Department.
(7)
The facility shall operate, at all times, in accordance with the conditions set out Section 2409 of Act 43.
(9)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, Subdivision and Land Development.
(10)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2 footcandle.
(11)
Location of the building, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(12)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(13)
Loading areas shall not be visible from any retail use, and shall be located in the rear of the building.
(14)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(15)
The primary dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(16)
Access drives shall be located so as to provide the maximum sight distance possible.
FF.2.
Temporary Retail Sales and Service, Consumer Fireworks.
[Added by Ord. No. 1071, 4/18/2018]
(1)
A short narrative shall be submitted as a part of the application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(2)
This use shall not occur, no conditional use approval shall be granted, and no permits shall be issued, until the applicable procedures and provisions in this chapter have been satisfied, the applicable provisions of the other ordinances of the Borough have been satisfied, and all applicable requirements of the Commonwealth of Pennsylvania have been satisfied, as evidenced by the operator's license issued from the Pennsylvania Department of Agriculture.
(3)
The facility shall be located at least 250 feet from a facility selling or dispensing gasoline, propane or other flammable products.
(4)
The facility shall not be located on or within public property, public roads and rights-of-way, sidewalks, private roads, access drives or driveways.
(5)
The facility shall not be located on or within any setback areas, off-street parking areas and landscaping/buffer areas established and required by the Borough Zoning Ordinance (Chapter 27).
(6)
No loud noises or sound devices shall be used in a manner that allows noise to be heard beyond the premises where the facility is located or to cause a public nuisance.
(7)
An evacuation plan is posted in a conspicuous location in accordance with the National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic Articles, 2006 edition.
(9)
The facility is secured at all times during which consumer fireworks are displayed within the structure.
(10)
Consumer fireworks not on display for retail sale are stored in an outdoor storage unit.
(11)
The outdoor storage unit, if any, is separated from the wholesale or retail sales area to which a purchaser may be admitted by appropriately rated fire separation.
(12)
The sales period is limited to June 15 through July 8 and December 21 through January 2 of each year.
(13)
The facility shall operate, at all times, in accordance with the conditions set out Section 2410 of Act 43.
(14)
Location of the temporary structure, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
GG.
School.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The minimum lot area shall be one acre.
(6)
The development shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by firefighting equipment and vehicles.
(7)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(8)
All exterior recreation areas shall be fenced.
(9)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(10)
The primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.
(11)
Traffic circulation shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjacent streets or alleys.
(12)
Access drives shall be located so as to provide the maximum sight distance possible.
GG.1.
Self-Storage Facility. A self-storage facility must satisfy the following standards to be permitted as a conditional use:
[Added by Ord. 1056, 6/15/2016]
(1)
A short narrative shall be submitted with the following information:
(a)
Description of the self-storage facility, including number of proposed buildings;
(b)
Number of self-storage units available for lease or rent in the self-storage facility;
(c)
Sizes/dimensions of the self-storage units available for lease or rent in the self-storage facility;
(d)
Lot area;
(e)
Floor plans for office/administration use, if any;
(f)
Number and allocation of parking spaces on the property;
(g)
Proposed hours of operation;
(h)
Description of proposed outdoor lighting on the property; and
(i)
Description of proposed signage for the self-storage facility.
(2)
Minimum lot size shall be one acre.
(3)
No self-storage facility shall be located within one air mile, measured from the property line, of another self-storage facility located within the Borough.
(4)
All goods and property stored at a self-storage facility shall be stored completely within an enclosed building or structure. No outdoor storage of goods or property, including vehicles, RVs, motor homes, boats, equipment, etc., is permitted on the property.
(5)
Individual self-storage units shall not exceed 500 square feet in area and 14 feet in height, except in cases of storage spaces for vehicles, RVs, motor homes, boats, equipment, etc., which shall not exceed 20 feet in width and 60 feet in length.
(6)
Access to indoor self-storage units shall be from the rear of the building(s), and access to outdoor self-storage units shall be from the interior of the site; no self-storage unit doors may face or be visible from any street.
(7)
Electrical service to self-storage units is permitted for lighting and climate control only. No electrical outlets are permitted inside self-storage units. Lighting fixtures and switches shall be of a secure design that will not allow tapping in the future for other purposes.
(8)
No self-storage unit shall be served by a water supply or a sewage disposal system.
(9)
Self-storage facilities shall provide adequate outdoor lighting for security purposes, and such lighting shall be so directed as to prevent glare on adjacent properties and roadways. Illumination at the lot line shall not exceed 1/2 footcandle.
(10)
All self-storage units in a self-storage facility shall be fire- and water-resistant.
(11)
Self-storage facilities shall provide parking in compliance with Part 7 of this chapter, and all required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles, if any.
(12)
No more than two vehicles shall be available for rent at a self-storage facility at any given time. If rental vehicles are available for rent, said vehicles may only be utilized temporarily by customers of the self-storage facility for transportation of goods and property to and from the self-storage facility.
(13)
All signs for a self-storage facility, both on-site and off-site, shall comply with the provisions under Part 8 of this chapter.
(14)
Wrought-iron or similar decorative fencing and evergreen plantings spaced a maximum of six feet apart on center shall be required along all property lines abutting a single-family dwelling or property located in any residential zoning district.
(15)
No customer or employee of a self-storage facility shall park on adjacent property or in any public street right-of-way while using the self-storage facility.
(16)
Location of a self-storage facility's building(s), traffic circulation on the property, and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(17)
Ingress, egress, and internal traffic circulation on the property shall be designed to minimize hazards and congestion.
(18)
A self-storage facility may not operate between the hours of 11:00 p.m. and 6:00 a.m. The Borough may permit extended hours of operation if the facility operator demonstrates that, due to facility design or other factors, the self-storage facility will not have significant noise impacts on adjacent properties. The burden of proof is on the self-storage facility operator.
(19)
A self-storage facility shall not use any outside sound-amplifying equipment, lights, banners, balloons, or noisemakers, such as bells, horns or whistles, or similar devices to attract customers.
(20)
A self-storage facility shall be maintained free of litter, odors, pests and any other undesirable materials and shall be cleaned of loose debris on a daily basis.
(21)
No one shall be permitted to reside, sleep or socialize in a self-storage facility, including within a self-storage unit.
(22)
The operator of a self-storage facility shall inspect each self-storage unit located therein once a year. The operator shall maintain records of the inspections and make them available to the Borough's Code Enforcement Officer upon request.
(23)
A self-storage facility shall be used solely for the storage of personal, household or business property. A self-storage facility shall not be used for:
(a)
Residential or commercial purposes, offices, workshops, studios, hobby or rehearsal areas;
(b)
Manufacturing, fabrication or processing of goods, services or repair of vehicles, engines, appliances or other electrical equipment or any other industrial activity or business;
(c)
Conducting retail sales of any kind, including garage or estate sales or auctions;
(d)
Storage of any toxic, explosive, radioactive, corrosive, flammable, illegal, hazardous, or perishable materials, chemicals, or liquids; and
(e)
Keeping of animals, reptiles, or pets.
II.
(Reserved)
JJ.
Townhouse.
(1)
A short narrative shall be submitted as a part of the land development application describing the use, operation and function of the proposed land use. Information pertinent to the development including, but not limited to, the following shall be provided:
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed development. Such study shall be prepared as per the provisions of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(4)
A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed a maximum of 1/2-foot candle.
(5)
The maximum length of the front of any building shall not exceed 250 feet.
(6)
Location of buildings, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(7)
All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.
(8)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
KK.
Vehicle Rental and Storage Facility. Vehicle rental and storage facilities must satisfy the following standards to be permitted as a conditional use:
[Added by Ord. 1057, 6/15/2016[3]]
(1)
A short narrative shall be submitted describing the use, operation, and function of the proposed use. Information pertinent to the development, including, but not limited to, the following, shall be provided:
(a)
Maximum number of vehicles/equipment expected to be available for rent on the property at any given time;
(b)
Type of vehicles/equipment available for rent, including the make and model of the vehicles/equipment and the size/dimensions of the vehicles/equipment;
(c)
Proposed number of employees;
(d)
Lot area;
(e)
Floor plans for office/administration building;
(f)
Number and allocation of parking spaces on the property;
(g)
Proposed hours of operation;
(h)
Description of proposed outdoor lighting on the property; and
(i)
Description of proposed signage for the proposed use.
(3)
A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed use. Such study shall be prepared in accordance with Chapter 22 of the Forest Hills Borough Code of Ordinances, Subdivision and Land Development, as amended.
(4)
A photometric plan shall be submitted. Illumination at the lot line shall not exceed 1/2 footcandle.
(5)
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Borough for record.
(6)
A permanent structure for office administration shall be provided.
(7)
The facility shall provide parking in compliance with Part 7 of this chapter, and all required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of vehicles/equipment available for rent.
(8)
No more than one rental vehicle/piece of equipment per 250 square feet of lot area may be located on the subject property at any given time.
(9)
All lots used for the outdoor parking and display of vehicles/equipment available for rent shall be screened as prescribed by § 27-703 of this chapter.
(10)
All signs for the proposed use, both on-site and off-site, shall comply with the provisions under Part 8 of this chapter.
(11)
All off-street parking areas adjacent to a single-family dwelling or property located in any residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge.
(12)
No vehicle/equipment available for rent shall be parked less than five feet from any property line.
(13)
No vehicle/equipment available for rent shall be parked on adjacent property or in any public street right-of-way.
(14)
Location of the building, traffic circulation on the property, and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(15)
Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.
(16)
The proposed use may not operate between the hours of 10:00 p.m. and 7:00 a.m.
(17)
The proposed use shall not use any outside sound-amplifying equipment, lights, banners, balloons, or noisemakers, such as bells, horns or whistles, or similar devices to attract customers.
[3]
Editor's Note: This ordinance also provided for the renumbering of former Subsection 1KK as Subsection 1LL.
LL.
All Other Uses Not Specifically Listed as Permitted or Conditional Use in Any Zoning District.
(1)
Uses which are not specifically listed as permitted or conditional uses in any zoning district may be authorized in the B-1 Business District by the Borough Council as a conditional use.
(2)
In order to obtain a conditional use under this section, the applicant bears the burden of establishing the following to the satisfaction of the Borough Council:
(a)
The proposed use must be fully consistent and in harmony with the purpose of the district in which it will be located.
(b)
The impact of the use on the environment and adjacent streets is equal to or less than any use specifically permitted as a permitted or conditional use in the subject district.
(c)
In determining the impact on the environment and adjacent properties, the Borough Council shall consider such development characteristics as the number of employees, the floor area of the proposed building devoted to the proposed use, the type of products involved, the materials, equipment or services involved, the magnitude of walk-in trade, traffic generation, parking demand, environmental impacts, and any other information that Borough Council determines will aid in determining the impact of the use.
(d)
The proposed use shall comply with the expressed standards and criteria of the zoning district in which the use is to be located and all other requirements of this chapter and Chapter 22 of the Borough of Forest Hills Code of Ordinances, "Subdivision and Land Development."
(e)
The proposed use shall be in accordance with the community objectives of this chapter and the Comprehensive Plan of the Borough of Forest Hills, as adopted and amended.
(3)
Prior to the public hearing before the Borough Council, the applicant shall submit all studies, documents and testimony which applicant wishes to be considered in connection with the conditional use application, for review and recommendation by the Borough Planning Commission.