Borough of Forest Hills, PA SUPPLEMENTARY REGULATIONS

No operation or activity shall cause or create noise in excess of the sound levels prescribed below. For the purposes of this chapter, the noise level will be measured in decibels (dBA) which indicate the sound pressure level obtained from a frequency weighting network corresponding to the A-scale on a standard sound level meter.

Residential and Special Districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA for more than one hour per 24 hours.

Business District. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA for more than eight hours per 24 hours.

Where two zoning districts in which different noise levels are prescribed, share a common boundary, the most restrictive of the noise level standards shall govern.

The following uses or activities shall be exempted from the noise regulations: (a) noises emanating from construction and/or maintenance activities between 7:00 a.m. and 9:00 p.m.; and, (b) noises caused by safety signals, warning devices and other emergency-related activities or uses.

In addition to these regulations, all uses or activities within the Borough shall conform to any applicable county, state or federal noise regulations.

Vibrations.

Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table A below and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

P.V. = 6.28 F x D.

P.V. = Particle velocity, inches per second.

F = Vibration frequency, cycles per second.

(d)

D = Single amplitude displacement of the vibration, inches.

The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed the values given in Table 27-A. Where vibration produces discrete impulses, and such impulses do not exceed a frequency of 100 per minute, then the values in Table A may be multiplied by 2.

Table 27-A
Maximum Ground Transmitted Vibration by Zoning Districts
Particle Velocity in Inches/Second
Vibration Measured in:	Adjacent Lot Line	Residential and Special Districts
Residential and Special Districts	0.02	0.02
Business District	0.06	0.02

Odors. No malodorous gas or matter shall be permitted which is discernible on any adjacent lot or property. There shall be no emission of any malodorous gas or matter which violates the regulations of the Allegheny County Health Department.

Smoke, Ash, Dust, Fumes, Vapors and Gases. There shall be no emission at any point for longer than five minutes in any hour of visible gray or other color smoke with a shade darker than No. 3 on the Standard Ringlemann Chart issued by the U.S. Bureau of Mines; nor shall there be any emission at any point from any source which can cause damage to health, to animals or vegetation or other forms of property or which can cause excessive soiling at any point.

Lighting and Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes shall be visible from adjacent public streets or adjacent lots when viewed by a person standing on ground level. For the purposes of interpreting this subsection, glare shall be defined as direct or indirect light from any source which exceeds 1/2-foot candle on any adjacent property. In all zoning districts, all lighting devices located within 100 feet of a property line adjacent to residential use or zoning classification shall be designed with shields, reflectors or refractor panels which direct and cut off light at a cutoff angle which is less than 90°. Cutoff angle is defined as the angle formed by a line drawn from the direction of the light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.

Erosion. No erosion by wind, water or other source shall be permitted which will carry objectionable substances onto neighboring properties. All activities shall be subject to the requirements of the Allegheny County Soil Conservation Service and shall be governed by any permits issued by that agency.

Water Pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (DEP).

§ 27-1002 Fences, Walls and Landscaping.

[Ord. 970, 5/16/2007, § 1002; as amended by Ord. 971, 6/20/2007, § 1; and by Ord. 1023, 3/21/2012, § 41]

Fences or walls no more than six feet in height may be placed in a side or rear yard. Fences shall not have any sharp points or protruding edges, and the finish side of the fence shall face the street, alley or adjacent property.

Retaining walls may be located in any required yard when the top of such wall is not more than six inches above the grade of the retaining ground; but, if such retaining wall is to be less than three feet from a front or side lot line, it shall be erected only upon a grant of a special exception by the Zoning Hearing Board, conditioned upon a determination by the Zoning Officer that the design and method of construction are reasonably necessary to prevent a threat to the public safety and damage to persons or property.

No tree, bush or hedge shall be planted closer than two feet to any sidewalk or street curb, and shall be trimmed and maintained so as not to interfere with the free passage of pedestrians and vehicles.

When placed in any side or rear yard, any part of a fence or its substructure may be located up to the side or rear lot line, except where otherwise prohibited as in § 27-703, Subsection 1A(4) (Clear Site Triangle).

A temporary garden fence may be placed in a front yard from March 1 to November 1.

When placed entirely or partially in a front yard, a temporary garden fence may not be opaque, must be four feet or less in height, and may be no closer than two feet to any sidewalk, street curb or front lot line.

The side and rear yard setback regulations set forth in this section apply to all temporary garden fences.

Temporary garden fences placed outside of a front yard must comply with the general fence regulations enacted and enforced by the Borough.

§ 27-1003 Corner Lots.

[Ord. 970, 5/16/2007, § 1003]

Obstructions to Vision. No obstruction to vision, other than an existing building, post, column or tree, exceeding 30 inches in height shall be erected or maintained, on any lot within the clear sight triangle, the corners of which are located as follows:

The first corner and point of beginning is the point of intersection of the two right-of-way lines of the abutting streets as extended.

The other two corners are located, respectively, 30 feet back on each right-of-way line from the point of beginning.

Shade Trees. Shade trees may be planted and maintained within the clear sight triangle; provided they are at least 12 feet apart, and that all branches are removed to a height of six feet above ground level, when the diameter of the trunk exceeds three inches, measured at a height of one foot above ground level.

Fences and Walls on Corner Lots. No fence or wall and no accessory structure, with the exception of little free libraries, as defined by this chapter, shall extend beyond the actual front building line of the principal building on a corner lot, and no fence or wall shall be located in that front yard adjacent to the street, road or way forming the corner at its intersection with the street or way adjacent to the front yard of the principal building, except that a fence shall be permitted in the front yard no closer to the street than the projection of the actual front building line of the principal building on the adjacent property, or if said adjacent property is unimproved, than the required setback line for said adjacent property.

[Amended by Ord. 1053, 11/18/2015]

§ 27-1004 Storage of Vehicles.

[Ord. 970, 5/16/2007, § 1004]

No vehicle exceeding 18 feet in length, exclusive of hitch, shall be stored in any zoning district other than in an enclosed structure. Such vehicles may be parked temporarily for periods not exceeding 20 days only when the resident has obtained a permit for such temporary parking from the Forest Hills Police Department. Storage of vehicles less than 18 feet in length must comply with the regulations for accessory buildings in § 27-1011.

§ 27-1005 Private Swimming Pools.

[Ord. 970, 5/16/2007, § 1005]

A private swimming pool shall be permitted as an accessory use to any permitted residential use, provided it complies with the same minimum yard requirements as set forth in this chapter for above-grade structures and with all ordinances regulating private swimming pools.

§ 27-1006 Temporary or Portable Structures.

[Ord. 970, 5/16/2007, § 1006]

Temporary or portable structures used in connection with construction work shall be permitted only during the period that the construction work is in progress, and shall be removed prior to the granting of the last occupancy permit for which a building permit has been issued. Permits for such structures shall be issued for a six-month period and may be renewed for additional periods.

§ 27-1007 Satellite Dishes.

[Ord. 970, 5/16/2007, § 1007]

Satellite dishes which are normally intended to enhance television reception may be permitted as an accessory structure, provided that no satellite dish over two feet in diameter shall be located in any front or side yard, nor mounted on the roof of the principal structure.

§ 27-1008 (Reserved) [1]

[1]

Editor's Note: Former § 27-1008, Regulations Governing Communications Antenna and Communications Equipment Buildings, was repealed by Ord. No. 1086, 8/19/2020.

§ 27-1009 No Impact Home-Based Business.

[Ord. 970, 5/16/2007, § 1009]

No-impact home-based businesses, which comply with the definition and standards of this chapter, shall be permitted as an incidental use to any principal dwelling unit in all residential zoning districts as long as the business or commercial activity satisfies the following requirements, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common interest ownership community:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

§ 27-1010 In-Fill Development.

[Ord. 970, 5/16/2007, § 1010]

Purpose. The purpose of in-fill residential standards is to:

Incorporate new development into existing established residential neighborhoods where new development respects previously established patterns of lots, yards, structure massing and movement.

Encourage the development of previously vacant or passed-over lots that, today, are often unmaintained.

Accommodate redevelopment of existing residential lots while maintaining neighborhood integrity in a manner where new residences with contemporary amenities and features can replace obsolete structures.

Application. In-fill residential standards shall be applicable to lots within the R-1, R-2 and R-3 Zoning Districts.

Definitions. The following definitions apply to this subsection:

ADJOINING LOT

A lot which shares a common lot line and fronts a common street right-of-way with the subject lot.

DEVELOPMENT

Improvement to a previously unimproved lot including structure construction.

INFILL RESIDENTIAL LOT

A nonconforming lot, existing as of the adoption date of this chapter, where development or redevelopment may occur.

REDEVELOPMENT

Improvement to a previously improved lot including structure addition, structure renovation, vertical expansion, and residential tear-down.

RESIDENTIAL TEAR-DOWN

The demolition of a structure and subsequent development replacing the demolished structure.

STRUCTURE ADDITION

Improvements to an existing structure that may increase lot coverage or alter the character of existing improvements.

STRUCTURE CONSTRUCTION

Improvements upon a previously unimproved standard lot that conform to current zoning regulations.

STRUCTURE RENOVATION

Improvements to a structure that do not increase lot coverage or substantially alter the character of previously existing improvements.

VERTICAL EXPANSION

Improvements to an existing building that change the height of the building but do not necessarily increase the building's lot coverage.

Uses. Uses permitted for in-fill residential lots shall be identical to those uses defined for the base zoning district.

Development Regulations. The development or redevelopment of an in-fill residential lot shall, in addition to fulfilling the requirements of the base zoning district, utilize the following in-fill residential standards. Where conflicts exist between the base zoning district and the in-fill residential standards, the in-fill residential standards shall supersede.

Design and Density.

In-fill residential development shall be of similar scale, form, architectural detailing, etc., to surrounding neighborhood (examples: window size, roof character).

Structure massing shall be consistent with surrounding neighborhood development.

Density shall equal that which is permitted within the existing zoning district.

Yard Setbacks and Structure Height.

Setbacks.

If there are two adjoining residences fronting on the same street as the infill residential lot, then the average front yard setback measurement shall be taken using the two adjoining residences. Where one existing residence adjoins the in-fill residential lot, the front yard setback shall be equal to the average of the standard lots front yard setback and that of the adjoining residence. Where no residences adjoin the in-fill residential lot, the front yard setback shall be equal to the standard lot front yard setback of the base zoning district.

Side setback shall be equal to the average of adjoining structures.

To ensure resident safety and health, if the landowner and/or developer can demonstrate that the existing topographic pattern of said lot limits the accessibility to the proposed in-fill development, the landowner and/or developer may propose a reduction in the minimum lot width requirement. Such reduction is subject to Borough review and approval.

Structure Height.

Structure height at the cornice shall be equivalent to the cornice height of an adjoining structure.

The overall height (the highest point on the roof) shall be equivalent to the average overall height of the principal structures on the two adjoining lots. Where one residence adjoins the in-fill residential lot, the overall height shall be equal to the average of the standard overall height permitted by this chapter and that of the adjoining residence. Where no residences adjoin the in-fill residential lot, the overall height shall be equal to the standard overall height permitted by this chapter. This standard applies to new and vertically expanded structures(s).

For a structure that is vertically expanded, the structure shall not exceed the maximum height as defined by Part 3 of this chapter.

Structure Orientation. The principal structure shall be oriented toward the front lot line, unless the landowner and/or developer can demonstrate that because of the existing topographic pattern, such orientation is not feasible for the safety of potential occupants and/or the surrounding development. The principal structure shall then be oriented to the side lot line.

Sidewalks and Street Trees.

Where feasible, sidewalks shall connect to the existing sidewalk system.

Street trees shall be consistent with street tree species and spacing utilized on the adjoining lot(s).

§ 27-1011 Accessory Uses.

[Ord. 970, 5/16/2007, § 1011; as amended by Ord. 1023, 3/21/2012, § 42; and by Ord. 1041, 9/18/2013, § 6]

Permitted Accessory Uses. A permitted accessory use shall comply with the definition of "accessory use" contained in Part 2 of this chapter. Examples of permitted uses are:

Garage, carport, shed or building for domestic storage, or storage of a boat, trailer or camper.

Child's playhouse, garden house, gazebo and private greenhouse.

Private residential swimming pool.

Civil defense shelter for not more than two families.

Storage of merchandise normally carried in stock on the same lot with a permitted retail, service or business use, unless such storage is excluded by the district regulations.

Off-street motor vehicle parking areas, and loading and unloading facilities.

Signs where permitted by this chapter.

No-impact home-based businesses.

Dog houses.

Building-mounted and ground-mounted solar panels in accordance with § 27-1016 of this chapter.

Dumpsters.

Recycling containers for multi-family and nonresidential developments.

Little free library.

[Added by Ord. 1053, 11/18/2015]

Prohibited Accessory Uses.

Outdoor storage or overnight parking of trucks or buses, campers, boats and trailers or other recreational vehicles, construction vehicles or equipment, except as permitted by provisions of Chapter 15 of the Forest Hills Borough Code of Ordinances, "Motor Vehicles and Traffic."

Outdoor storage, except as specifically permitted by the district regulations in Part 3 of this chapter.

Location of Accessory Uses. Unless otherwise stipulated by this chapter, the following standards shall apply:

Residential Districts.

Front Yard. Accessory uses shall not be located in the required front yard of any zoning lot, with the exception of little free libraries, as defined by this chapter, and permitted signs, construction waste dumpsters and portable storage units, as defined by Chapter 21, Part 4 of the Forest Hills Borough Code of Ordinances, Obstructions in Streets and Sidewalks.

[Amended by Ord. 1053, 11/18/2015]

Side and Rear Yard. Accessory uses are permitted; provided, they are no closer than five feet to any lot line and comply with the requirements of Subsection 3C below. On a corner lot, an accessory use, located in a side or rear yard, shall maintain the same setback from the street right-of-way as the principal structure.

Business and Special Districts.

Front Yard. In addition to permitted signs and little free libraries, which are in compliance with this chapter, off-street parking areas are permitted in a required front yard.

[Amended by Ord. 1053, 11/18/2015]

Side and Rear Yards. Accessory uses are permitted. If the yard abuts a residential district, the accessory use shall maintain a minimum five-foot setback.

No part of any accessory structure shall be located closer than 10 feet to any principal structure. No accessory structure shall be located closer than three feet to another accessory structure on an abutting property. These regulations shall not apply to fences as set forth in § 27-1002 of this chapter and little free libraries as set forth in § 27-1018 of this chapter.

[Amended by Ord. 1053, 11/18/2015]

Accessory structures and uses shall otherwise comply with the bulk regulations applicable to the district in which they are located.

Use Limitations.

All accessory structures and uses shall comply with the use limitations applicable in the zoning district in which they are located.

No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

Permit and Maintenance Requirements.

A zoning permit shall be obtained from the Zoning Officer for any new, expanded or altered accessory use or structure. The owner is responsible for maintaining the accessory use/structure in safe condition in accordance with all applicable regulations.

If the Zoning Officer finds that an accessory structure is not being used for its intended purpose or not being maintained, the Zoning Officer shall serve an enforcement notice upon the owner requiring its repair or removal within 15 days from the receipt of the notice. In the event the owner fails to comply with the Zoning Officer's written notice, the owner shall be considered in violation of this chapter and subject to all of the penalties contained herein.

§ 27-1012 Restaurant, Small.

[Ord. 970, 5/16/2007; as added by Ord. 1023, 3/21/2012, § 43]

Small restaurants, which comply with the definition and standards of this chapter, shall be permitted, as long as they satisfy the requirements of this chapter, including, but not limited to, applicable yard and area requirements for the zoning district in which a small restaurant is proposed and Part 7 of this chapter, "Off-Street Parking," as well as the following requirements:

A short narrative shall be submitted as part of the application describing the use, operation and function of the proposed land use. Information pertinent to the use including, but not limited to, the following shall be provided:

Number of users.

Number of employees.

Lot area.

Floor area of structures.

Number and allocation of parking spaces.

All environmental impact statement, as specified in Part 3 of Chapter 22 of the Forest Bills Code of Ordinances, "Subdivision and Land Development," and § 27-1014 of this chapter shall be required.

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.

A photometric plan shall be submitted. Illumination, at the lot line, shall not exceed 1/2 footcandle.

The location of the building and traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.

All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum of a six-foot compact evergreen hedge.

Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.

Access drives shall be located to provide the maximum sight distance possible.

Dance floors shall be prohibited.

With the exception of music without amplification, live entertainment shall be prohibited.

Billiard and pool tables shall be prohibited.

Video and mechanical amusement games shall be prohibited.

In addition to the requirements above, a drive-through service restaurant shall comply with the requirements of Table 27-2 or Part 3 of this chapter.

§ 27-1013 Home-Based Business.

[Ord. 970, 5/16/2007; as added by Ord. 1023, 3/21/2012, § 44]

Home-based businesses, which comply with the definition and standards of this chapter, shall be permitted as an incidental use to any principal dwelling unit in all residential zoning districts as long as the business or commercial activity satisfies the following requirements, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common interest ownership community:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no more than one employee in addition to any person residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

The business may not have more than one customer, client or patient visit per day.

The business may not have more than two deliveries or package pick-up per day, whether vehicular or pedestrian, in excess of those normally associated with residential use.

§ 27-1014 Environmental Impact Statement.

[Ord. 970, 5/16/2007; as added by Ord. 1023, 3/21/2012, § 45]

Contents of Statement. All environmental impact statements required pursuant to any ordinance or resolution of the Borough existing at the time of enactment of this Part or enacted subsequent hereto shall contain all of the following:

Description of Project and Development. Such statements shall contain complete descriptions of the proposed project and development, setting forth the location, nature and objectives thereof, including the following:

Any recommendation, suggestion or participation of the Borough in the project or development.

The conformity and nonconformity of the project and development to the applicable zoning and regulations and the Comprehensive Plan of the Borough and to any other development plans and regulations prepared by any other Borough agency.

An explanation of the needs which the project or development will meet and the basis and information upon which the needs have been determined.

All environmental effects arising out of the project and development, including the construction thereof, following the completion thereof. The effects of use and operation of the project or development shall be described and shall include the following:

Any effect upon the air.

Any effect upon water.

Any creation of noise.

(d)

Any creation of radiation.

(e)

Any creation of heat.

(f)

Any creation odor.

(g)

Any creation of transmission interference.

(h)

Any increase or decrease in public services or utilities.

(i)

Any creation of glare.

(j)

Any disruption or decrease in public services or utilities.

(k)

Any damage to vegetation.

(l)

Any damage to wildlife.

(m)

Any creation of visual intrusions or loss of view for surrounding properties.

(n)

The conformity of proposed structures to surrounding neighborhoods located within 1,000 feet of the project or development.

(o)

Any vulnerability to landslides and mud slides.

(p)

The method for cutting and filling and the movement of fill within and without the site and alterations of existing water drainage patterns on the property.

(q)

The stability of soils and their potential for surface subsidence.

(r)

Any problem with flooding, including the necessity of flood insurance and compliance with construction requirements in flood-prone areas.

(s)

Any anticipated increase in the demand upon the existing fire protection and emergency medical care capacities of the Borough.

(t)

Any increase in potential fire hazards.

(u)

A description of the flammability of materials used in the construction of the project and development and the accessibility of fire-fighting equipment to the project and development.

(v)

Any energy conservation feature and the anticipated consumption of energy.

(w)

Any other identifiable, measurable, hazard or environmental effect.

(x)

A listing of specific actions proposed for reversal and/or mitigation of each of the adverse effects described in fulfillment of the requirements set forth in this subsection, including the analysis of the magnitude of each adverse impact and the extent of the mitigation and/or elimination thereof through, specific measures to be taken in the project or development.

Description of Site. Such statements shall contain complete descriptions of the important physical characteristics of the site of the project and development, including the following:

Topography.

Surface and subsurface soils.

Subsurface conditions, including minerals, geology, mining, hydrology and underground utilities.

Accessibility and provision of gas, water, electric and other utilities and stormwater and sanitary sewage and waste disposable systems and any existing facility or utility at the time of preparation of the statement.

Access to transportation.

Existing vegetation and wildlife and historic and cultural structures or characteristics.

Any other important characteristic of the site necessary to describe the environmental impact of the proposed project and development upon the site and surrounding properties.

(8)

Maps and site plans with appropriate engineering features demonstrating the characteristics and matters set forth in this subsection.

Description of Construction. The sequence of construction activities shall be set forth, including the environmental effects occurring during each portion of the construction and the actions to be taken to mitigate or eliminate the adverse environmental effects arising out of each portion of the construction.

Description of Socioeconomic Effects. Such statements shall contain complete descriptions of the social and economic effects of the project and development upon the properties ad residents located within 1,000 feet of the project and development, and upon the entire Borough, including effects upon the following:

The density and nature of the population, including an evaluation of population trends in that area for the previous 10 years.

Any change in real estate value and in the existing proportion of residential use as compared to commercial use.

The compatibility or lack of compatibility with uses within 1,000 feet of the proposed project and development.

Any increase in educational and recreational requirements.

Any anticipated increase in revenue to the Borough associated with increased property valuations and taxables.

Any provision of religious, cultural or historic services and benefits and the demand therefor.

Any other recognizable and measurable effect, adverse or beneficial, to the public welfare, health and safety and the economy of the Borough.

Description of Alternative Sites, Construction and Construction Processes. Such statements shall contain descriptions of alternative sites within Allegheny County for the project and development and alternative types of construction and design of proposed structures. Alternative phases of the construction process shall be described, including, but not limited to, the effects of postponing construction and site development. The advantages and disadvantages of such alternatives shall be set forth.

Description of Governmental Activities. Such statements shall contain complete descriptions of all opinion letters, rulings, decisions, permits and licenses, both favorable and adverse, by any federal, commonwealth or Borough agency or governing body relating to environmental impact and any approvals which remain to be secured from any such governmental unit at the time of submission of the environmental impact statement.

Review of Environmental Impact Statement. Environmental impact statements shall be reviewed in accordance with Part 3 of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development." If, at any time, the Environmental Advisory Council does not have the number of members necessary to reach a quorum, the Planning Commission shalt review the environmental impact statement.

§ 27-1015 Storage, Transfer and Sale of LPG.

[Ord. 970, 5/16/2007; as added by Ord. 1041, 9/18/2013, § 7]

Accessory Use. The storage, transfer and sale of LPG is permitted as an accessory use in the B-1 Business District. With the exception of the location restrictions set forth in § 27-1011, Subsection 3, of this chapter and as otherwise prohibited by law, all accessory use regulations shall apply.

Compliance with Applicable Laws.

The storage, transfer and sale of LPG within the Borough shall comply with all applicable county, state and federal statutes and regulations, including without limitation the Propane and Liquefied Petroleum Gas Act, 35 P.S. § 1329.1 et seq., and the Propane and Liquefied Petroleum Gas Regulations provided at 34 Pa. Code § 13.1 et seq.

Prior to obtaining a zoning permit for an LPG facility in accordance with § 27-1011, Subsection 5A, of this chapter, an applicant shall provide to the Borough a copy of an effective LPG facility permit issued by the Pennsylvania Department of Labor and Industry.

Setbacks. All LPG containers shall be located at least 10 feet from all residential property lines.

§ 27-1016 Building-Mounted and Ground-Mounted Solar Panels.

[Ord. 970, 5/16/2007; as added by Ord. 1041, 9/18/2013, § 8]

Applicability and Permitting.

Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of this section.

Before any construction or installation on any solar PV system, except for construction or installation of a solar PV system not to exceed six square feet in area or 1 kW, a permit issued by the Borough shall be obtained to document compliance with this chapter.

Location Within a Lot.

Building-mounted systems are permitted to face any rear, side or front yard, as defined in § 27-202 of this chapter.

Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures and shall comply with all applicable requirements for accessory uses.

Ground-mounted systems shall comply with all applicable requirements for accessory uses and structures.

Design and Installation Standards.

The solar PV system must be constructed to comply with Chapter 5 of the Forest Hills Code of Ordinances, Code Enforcement, as amended, and any applicable codes, standards and regulations incorporated into the Forest Hills Borough Code of Ordinances, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.

For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.

Setback Requirements.

Ground-mounted systems must comply with the applicable accessory structure setback requirements, as set forth in § 27-1011 of this chapter.

The required setbacks are measured from the lot line to the nearest part of the system.

No part of a ground-mounted system shall extend into the required setbacks.

Height Restrictions.

Notwithstanding the height limitations of the zoning district:

For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.

For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.

For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.

Ground-mounted systems may not exceed 12 feet in height.

Screening and Visibility.

Building-mounted systems on a sloped roof shall not be required to be screened.

Building-mounted systems mounted on a flat roof shall be set back at least five feet from the roof edge.

Nonconformance.

Building-Mounted Systems.

If a building-mounted system is to be installed on any building or structure that is nonconforming due to height, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this chapter.

If a building-mounted system is to be installed on a building or structure that is nonconforming because it does not meet all minimum required setbacks, a building-mounted system that complies with all other provisions of this chapter shall be permitted if the system does not increase any encroachment into setbacks.

Ground-Mounted Systems.

If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because it does not meet all minimum required setbacks, a ground-mounted system that complies with all other provisions of this chapter shall be permitted if the system does not increase any encroachment into setbacks.

If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.

Signage and/or Graphic Content. No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

Performance Requirements. All solar PV systems are subject to compliance with applicable performance standards provided in § 27-1001 of this chapter.

10.

Vacation, Abandonment and/or Decommissioning.

Discontinuation/abandonment is presumed when a solar PV system has been disconnected from the net metering grid for a period of six continuous months without being connected to a battery system or has not produced electricity for a period of six months. The burden of roof in the presumption of discontinuation/abandonment shall be upon the Borough.

A solar PV system including its solar PV related equipment must be removed within 12 months of the date of the discontinuance or abandonment or upon the termination of the useful life of the solar PV system.

For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.

If the property owner fails to remove or repair the vacated, abandoned or decommissioned solar PV system within six months, the Borough reserves the right to enter the lot, remove the system and charge the property owner for all costs and expenses including reasonable attorney's fees or pursue other legal action to have the system removed at the property owner's expense.

Any unpaid costs resulting from the Borough's removal of a vacated, abandoned or decommissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens.

11.

Solar Access. The owner of a solar PV system should consider negotiating a written solar access agreement, easement or similar instrument with adjacent property owners to ensure solar access. Such an instrument is not required by this chapter and will not be enforced by the Borough.

§ 27-1017 Mobile Food Vehicles.

[Added by Ord. 1053, 11/18/2015]

Mobile food vehicles which comply with the definition and standards of this chapter shall be permitted within the Borough, as long as they satisfy the following requirements:

A short narrative shall be submitted to the Zoning Officer describing the use, operation and function of the proposed land use. Information pertinent to the use, including, but not limited to, the following, shall be provided:

Name of the mobile food vehicle's owner;

Description of the mobile food vehicle, including the make, model and type of vehicle, size/dimensions of the vehicle, and the vehicle's identification number;

Mobile food vehicle's proposed hours of operation; and

Proposed number of employees staffing the motor food vehicle.

A valid copy of the mobile food vehicle's required state licenses/permits shall be submitted to the Zoning Officer.

No person or business entity may operate a mobile food vehicle within the Borough's rights-of-way without a permit from the Zoning Officer.

Hours of operation within the public rights-of-way shall be as follows:

Monday - Friday: 7:00 a.m. to 7:00 p.m.

Saturdays: 9:00 a.m. to 8:00 p.m.

Sundays: 9:00 a.m. to 7:00 p.m.

No mobile food vehicle shall be parked on the street overnight, or left unattended and unsecured at any time.

No mobile food vehicle shall operate within 150 feet of the front door of any restaurant in current operation.

No mobile food vehicle shall use or maintain any outside sound-amplifying equipment, lights, or noisemakers, such as bells, horns or whistles, or similar devices to attract customers. A mobile food vehicle may use battery-operated lights with appropriate protective shields for the purpose of illuminating merchandise, so long as it is not distracting to passing motorists.

No mobile food vehicle shall cause congestion that impedes pedestrian or vehicle traffic or interferes with the Borough's or the public's use of any public rights-of-way. This shall include, but is not limited to, activity of customer queues, accessory units, or signage that in any way invades or impairs access to adjacent parking, pedestrian or vehicle traffic.

Mobile food vehicles shall be responsible for providing and maintaining their own trash receptacles and be responsible for properly disposing of such trash, refuse, and litter as would any business. Trash, refuse and litter shall not be placed in any public trash container, or in any private container without permission.

Mobile food vehicles in the rights-of-way shall only serve from the side of the mobile food vehicle that is parked abutting and parallel to the curb.

No mobile food vehicle shall have a drive-through service.

No mobile food vehicle shall provide or allow any dining area, including, but not limited to, tables, chairs, booths, bar stools, benches, and stand-up counters.

§ 27-1018 Little Free Libraries.

[Added by Ord. 1053, 11/18/2015]

Accessory Use. Little free libraries which comply with the definition and standards of this chapter shall be permitted within all zoning districts.

Location Within a Lot.

Little free libraries may be placed in a front, side, or rear yard. When placed within a front yard, a little free library may be no closer than one foot to any sidewalk, street curb, or front lot line. When placed within a side or rear yard, any part of a little free library or its substructure may be located up to the side or rear lot line, except where otherwise prohibited as in § 27-703, Subsection 1A(4) (Clear Sight Triangle).

Little free libraries shall not:

Be located within or overhanging a public right-of-way or any public easement;

Obstruct vehicular, bicycle or pedestrian traffic, either physical or by a person utilizing the little free library; and

Obstruct access aisles or paths utilized by persons in wheelchairs or for ADA accessibility.

Design and Installation Standards.

Little free libraries shall not exceed four square feet in size.

Little free libraries shall be constructed in such a manner that no person or child is able to enter.

Little free libraries shall be anchored to the ground or otherwise securely attached to something having a permanent, anchored location on the ground.

Signage and Graphic Content. No signage or graphic content may be displayed on a little free library except the name of the little free library.

§ 27-1019 Regulations Governing Oil and Gas Development and Related Operations.

[Added by Ord. 1059, 10/19/2016]

The operator must apply for and obtain a conditional use approval for the drilling of each well. Multiple well pad sites on any one oil and gas development site shall be prohibited.

Changes in the site plan, including, but not limited to, any expansion of the ground surface area used and/or devoted towards drilling operations or changes in depth, type or extent of drilling, require further conditional use approval pursuant to the terms and conditions of this chapter. A conditional use approval shall not constitute authority for re-entering or re-drilling, re-working, or re-fracking. In such case, the operator shall obtain a new conditional use approval.

For all oil and gas developments and/or related operations, if development and/or drilling has not been commenced within one year after the conditional use approval of this application, the conditional use approval is automatically rescinded. An extension may be granted by the Borough Council for a maximum of one year upon written request by the applicant, prior to the expiration of the original one-year period, subject to the finding that the plan is still in compliance with all standards.

All development activity in connection with the approved oil and gas development and/or related operations and, specifically, all well site reclamation must be completed within two years of commencement of development. An extension may be granted by the Borough Council for a maximum of one year upon written request by the applicant, prior to the expiration of the original two-year period, subject to a finding that the plan is still in compliance with all standards.

Upon approval of the application, all subsequent activities in connection with conditional use approval shall be carried out in conformance with the site plan, the conditional use decision, and all conditions, the zoning permit, all applicable standards and criteria contained in this chapter, all applicable standards and criteria contained in other ordinances of the Borough, and all applicable requirements of the Commonwealth of Pennsylvania and United State government.

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 and United States government have been satisfied, as evidenced by the prior written approval of the agency having jurisdiction, including, without limitation, the operator's license and copies of all state and federal permits.

Any suspension or revocation of permits by the PADEP shall be reported to the Borough by the operator within one week and shall constitute a violation of zoning approval and may result in the suspension or revocation of zoning approval within one day.

The Borough may require as a condition of approval an increase in the distance the oil and gas development and/or related operations are set back from any residence, religious institution, hospital building, school, cemetery, historical site or public park, or require any change in operation, plan, design, layout or any change in the on-site and technical regulations in this chapter, including fencing, screening, lighting, delivery times, noise levels, or any other matters reasonably required for the public interest or required to reasonably protect the interests of adjacent property owners.

A notice of violation may be immediately issued for failure to comply with any of the provisions of this chapter and may result in a fine and/or suspension or revocation of the conditional use.

10.

Oil and gas development and related operations shall not be permitted in the following areas:

Any property located within a floodway or within the one-hundred-year floodplain as identified in the Flood Insurance Study (FIS) prepared and approved by the Federal Emergency Management Agency (FEMA).

Any property subject to a conservation easement or open space conditions, or any similar restrictions, whether public or private.

Any property in geologically sensitive areas where drilling or production operations may cause the acceleration of geologic processes, such as erosion, sedimentation, or landslide activity of earth and rock material.

Any property located in the area of the Borough that has been designated as a biological diversity area (BDA) in the Allegheny County Natural Heritage Inventory. This is the highest designation conferred by the Natural Heritage Inventory.

11.

Communication by Operator/Applicant with Borough Residents. At least 60 days prior to drilling an oil and gas well, the operator shall provide the following information to each property owner within 1,000 feet of the planned surface location of the well, to each property owner within 2,000 feet of the proposed oil and gas development and/or related operations who depends on well water, and to each property owner that uses a well within 2,000 feet of the planned surface location of the well, and to all other adjacent property owners:

At least 30 days prior to initial development activities in the Borough, the operator shall attend a local public meeting to present general information about the operator's oil and gas development plans in the Borough and allow for questions and answers related thereto. The operator shall advertise, in a newspaper of general circulation within the Borough, the date, time, and location of the meeting and the approximate location of the proposed well site or well sites at least once not more than 30 days and not less than seven days in advance of the meeting. If requested by the Borough and if drilling activities continue for more than 12 months, the operator shall attend additional meetings and present information, but shall not be required to do so more often than annually, unless additional well sites not previously discussed at a public meeting are proposed.

12.

The operator shall provide to the Code Enforcement Officer or any others so designated by the Borough, at least two weeks prior to commencement of oil and gas development and/or related operations site construction:

A map showing the planned access route to the oil and gas development and/or related operations site on public roads;

Information on the status of road bonding;

The operator's erosion and sedimentation plan;

The well survey plat; and

The contact information for the operator, with two emergency contact numbers.

13.

Completeness Review of Application.

Not later than the 30th day after the date an application is submitted, the Borough shall make a written determination of whether all information and documents required by this chapter or other applicable Borough ordinances have been submitted. The Borough shall mail a determination that the application is incomplete by United States certified mail to the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the application, together with the identified documents or other information, is not resubmitted within 30 days after the date the notice was sent.

An application shall not be processed for review until after a determination of completeness has been issued by the Borough.

The incompleteness of an application shall be grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant.

An application for approval of an oil and gas development or related operations shall be deemed to expire on the 30th day after the application is returned to the applicant for incompleteness if the applicant fails to provide documents or other information necessary to meet the requirements of this chapter or other applicable Borough ordinances as specified in the determination provided to the applicant. Thereafter, a new application must be submitted and a new application fee paid.

14.

Professional Consultant.

The Borough may from time to time employ a professional consultant or consultants. The function of the consultant(s) shall be to advise, counsel, represent and/or aid the Borough in ensuring compliance with this chapter and any other applicable Borough ordinances on such matters relating to oil and gas development and/or related operations within the Borough by:

Reviewing all conditional use applications for oil and gas development and/or related operations.

Inspecting oil and gas development and/or related operation sites during key phases of development.

Inspecting oil and gas development and/or related operation sites upon receipt of a complaint.

Communicating with appropriate Borough personnel if the inspector believes the operator is violating any provision of the Borough's Code of Ordinances, including the Zoning Ordinance.

Requesting and reviewing any records, logs, and/or reports relating to the status or condition of the approved oil and gas development and/or related operations necessary to establish and determine compliance with this chapter and the conditional use approval.

In the event a professional consultant is employed for the purpose of advising, counseling, or representing the Borough relative to ensuring compliance with this chapter and the terms of the conditional use approval or relative to an operator's particular set of circumstances, case, or request relating to this chapter, then the cost for such services of the professional consultant shall be assessed against and paid for by such operator in addition to any fees or charges assessed pursuant to this chapter and the Borough's Subdivision and Land Development Ordinance [Chapter 22].

Prior to the employment of a professional consultant, the Borough shall inform the operator of the intended scope of work and the estimated costs and expenses.

15.

Setbacks.

All drilling and production operations, including derricks, freshwater impoundments, vacuum pumps, storage tanks, vehicle parking, structures, machinery and ancillary equipment, as well as related operations, shall be located at least 600 feet from any building containing a residential dwelling or from any structure used for public assembly, including schools, churches, and public buildings, or from any business or commercial establishment and at least 200 feet from any property line, where the owners of such structures and properties are not a party to the oil and gas development.

All aspects of the recovery of subsurface gas and oil deposits, including, without limitation, all drilling, production operations, related operations, buildings, pipelines, etc., shall be located at least 150 feet from the ultimate right-of-way of any public or private street and at least 200 feet from any property line. Pipelines shall be permitted to traverse the required setback only where absolutely necessary to transport extracted product off site.

All aspects of the recovery of subsurface gas and oil deposits, including, without limitation, all drilling, production operations, related operations, buildings, pipelines, etc., shall be located at least 150 feet from the edge of any watercourse or wetland, and said watercourses and wetlands shall be preserved in a natural and undisturbed state.

Recognizing that the specific location of equipment and facilities is an important and integral part of oil and gas development, as part of the planning process, and after taking into consideration the above setbacks, the operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Borough residents' enjoyment of their property and future Borough development activities.

16.

Emergency and Safety Procedures.

The operator shall maintain at the property and on file with the Borough and the Borough Fire Department a current list and the Material Safety Data Sheets (MSDS) for all chemicals used in the drilling operations and in any hydraulic fracturing operations, including, but not limited to, types of additives, polymers, salts, surfactants, and solvents.

Any hazardous or toxic material shall be securely contained, stored, and removed in accordance with applicable state or federal regulations. On-site disposal is prohibited. Open chemical storage is prohibited. All hazardous materials stored must be clearly marked identifying the contents, chemicals, and hazards as required by OSHA Hazard Communication Standard 29 CFR 1910.1200 and National Fire Protection Association Code 704, Standard System for the Identification of the Hazards of Materials for Emergency Response.

Upon request of the Borough, the applicant will, prior to drilling its first oil and gas well in the Borough, make available with at least 30 days' notice, at the applicant's sole cost and expense, one appropriate on-site orientation and group training program of at least five hours for Borough emergency first responders and the local mutual aid fire departments. Such training shall be made available again immediately after any substantial modification to the oil and gas development or related operation site, or at least annually during any year that drilling activities take place at the oil and gas development or related operation site.

The operator must monitor for all volatile, fugitive emissions from the oil and gas development and/or related operations, including, without limitation, benzene, methane, toluene and any other emitted gas.

In the event of an emergency, the operator shall cause all occupants within 1,000 feet of the boundary of the oil and gas development or related operation site to be notified as soon as is reasonably possible. The method of notification shall be specified in the PPC.

In the event of an emergency requiring evacuation, the operator shall cause all occupants within 2,000 feet of the boundary of the oil and gas development or related operation site to be evacuated as soon as is reasonably possible to a designated evacuation site. The evacuation plan shall be specified in the PPC.

Open wastewater pits or retention ponds are prohibited on the drill site. A closed-loop storage system of wastewater containment is to be in use at all times. Any hazardous or toxic material shall not be disposed of on site but shall be removed in accordance with applicable state and federal regulations. Disposal wells are also prohibited. Freshwater impoundments are permitted. Unless otherwise directed by the PADEP, waste materials shall be removed from the site and transported to an off-site PADEP-approved wastewater treatment facility not less often than every 30 days.

Drip pans and other containment devices shall be placed or installed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, connections, and any other areas or structures that could potentially leak, discharge, or spill hazardous liquids.

The operator shall be responsible for prevention and prompt removal of spills involving waste materials, oil, and toxic or hazardous materials. After any spill, leak, or malfunction, the operator shall remove or cause to be removed, to the satisfaction of the PADEP inspectors and the Borough Code Enforcement Officer, all waste materials from any public or private property affected by such spill, leak, or malfunction. Cleanup operations must begin immediately upon knowledge that a spill, leak, or malfunction has occurred.

The operator of any well site shall notify the Fire Marshal serving the Borough and the Code Enforcement Officer no less than 90 days prior to the abandonment or shutdown of any well site, to allow the Borough to inspect the site and ensure that the well site has been properly secured.

For areas that, in the opinion of the Fire Marshal of the Fire Department serving the Borough, are of potential wildfire hazard, fire line intensities shall be abated to less than 100 BTU/foot/second through fuel breaks or other equally effective means around structures or areas of activity. Required practices for grass/shrub lands include the following:

Fuel breaks of a width three to four times the height of adjacent vegetation; and

Revegetation to short grasses.

The operator shall install temporary safety fencing, at least six feet in height, around drilling and hydraulic fracturing equipment, during initial drilling, completion, or work-over operations, unless twenty-four-hour on-site supervision is provided. Only essential safety and emergency personnel shall be permitted to occupy any trailer or temporary living quarters at the site overnight.

The operator shall install temporary fall protection fencing meeting OSHA requirements around any temporary impoundments containing fresh water at depths greater than two feet.

The operator shall install permanent chain-link fencing allowing sufficient visibility for security monitoring, that shall enclose all well heads, storage tanks, separation facilities, or other mechanical or production equipment on the operation site.

The operator shall install an adequate number of warning signs providing notice of the potential dangers at the perimeter of the oil and gas development or related operation site.

The operator shall install a secured entrance gate to the oil and gas development site access driveway off the public road to prevent illegal access into the development site.

A Knox-Box® rapid entry system to secure the site but still allow easy and quick access for emergency first responders shall be required, and all gates shall be kept locked when the applicant, employees, and subcontractors are not on the premises.

The development site emergency 911 assigned address shall be assigned by the Code Enforcement Officer and must be clearly visible on a sign (using six-inch numbers) attached to the access gate.

The sign shall include the well name and number, the name of the operator, and the telephone number for at least two people who may be contacted in case of emergency.

Secured Entrance Gate Standards. For all points of ingress and egress to the oil and gas development or related operation site, the chain-link fence gate shall meet the following specifications.

Each gate opening shall be not less than 14 feet wide and shall be composed of two gates, each of which is not less than seven feet wide, or one sliding gate not less than 14 feet wide. If two gates are used, gates shall latch and lock in the center of the span.

The gates shall be of black or dark green chain-link construction that meets the applicable specifications, or of other approved material that, for safety reasons, shall be at least as secure as the chain-link fence.

The gates shall be provided with a Knox-Box® rapid entry system and shall be kept locked except when being used for access to the site.

Hinges shall be heavy-duty malleable iron or steel industrial service type with a one-hundred-eighty-degree swing.

Fencing Standards. Prior to the commencement of and during all operations, the drill or well site and related operations site shall be completely enclosed by fencing material. Upon completion of the well, all fencing and walls not necessary for appropriate screening, noise abatement, or security shall be removed from the oil and gas development site.

The fence fabric shall be no greater than six feet in height.

Support posts shall be set in concrete and shall be embedded into the ground to a depth sufficient to maintain the stability of the fence. Temporary fence posts shall not be required to be set in concrete.

The chain-link fabric shall be galvanized steel wire with a minimum plating of 1.2 ounces of zinc per square foot of surface area or shall be coated with vinyl or plastic material, approved by the Borough Building Inspector.

The chain-link fence fabric shall have a minimum thickness of 11 gauge and be of dark green or black chain-link construction.

The chain-link fabric shall be two-inch mesh; provided, however, three-and-one-half-inch mesh may be used on any fence where the fabric is interwoven with artificial screening material approved by the Borough Building Inspector.

Post and rail shall be standard galvanized, welded pipe, Schedule 40 or thicker.

All pipe and other ferrous parts, except chain-link fabric and drill pipe, shall be galvanized inside and outside with a plating which contains a minimum of 1.2 ounces of zinc per square foot of surface area.

(8)

Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be tumbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have a minimum thickness of 1/4 x 3/4 inch.

(9)

All fences shall have security extension arms at the top of such fences, and such security extension arms shall be strung with galvanized barbed wire.

(10)

The Borough Zoning Officer may approve other fencing types as may be necessary to maintain community character, provided that all production equipment on the site is completely enclosed and secured.

17.

On-Site Storage.

No drilling, re-drilling, re-working or other portable equipment shall be stored on the operation site which is not essential to the everyday operation of the well located thereon. This includes the removal of idle equipment for the operation of such wells.

Lumber, pipes, tubing, and casing shall not be left on the operation site except when drilling or well servicing operations are being conducted on the site.

Junk, refuse, trash, or abandoned material shall not be disposed of onsite. All refuse stored on site for final off-site disposal shall be indoors, or in a dumpster, or other permitted enclosure.

It shall be illegal for any person, owner, or operator to park or store any vehicle or item of machinery on any street, right-of-way or in any driveway, alley, or upon any operation or drilling site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except that equipment which is necessary for the maintenance of the well site or for gathering or transportation of hydrocarbon substances from the site.

18.

Private Freshwater Well Testing.

The operator of a well shall provide the Borough with the results of a "pre-drilling" and "post-drilling" water analysis and flow rate for each existing freshwater well within 2,000 feet of the well site. The tests shall conform to the following testing requirements:

Water samples must be collected and analyzed utilizing proper sampling and laboratory protocol from an independent PADEP-certified water testing laboratory;

Well samples shall be analyzed prior to any drilling activity to document baseline water quality data of the well;

Well samples shall also be analyzed prior to drilling activity to document the quantity of water produced by the well;

A post-drilling sample analysis shall be submitted for water quality testing by the operator within three months after drilling is completed;

Well owners have the right to perform intermediate analyses at their own expense. In the event that the intermediate sample indicates well water contamination, the operator is responsible for the costs of the analysis; and

Parameters to be tested for include, but are not limited to, methane, chloride, sodium, TDS, pH, arsenic, barium and strontium, and a subgroup of the volatile organic chemicals (VOCs) called BTEX (benzene, toluene, etc.).

If it is found that a freshwater well is no longer in use and without possibility of future use or if the freshwater well owner objects to having the water well tested, the owner of the freshwater well may waive the right to have the operator test the water. In such instance, the owner must execute an agreement releasing and holding harmless the Borough, its officers, and its employees from any damages.

If the results of the pre-drilling and post-drilling sample (or any intermediate sample) analyses indicate well water contamination or reduction in the quantity of water flow, the operator will provide a public water line to the residence at the operator's expense within 90 days. In addition, the operator will provide potable water in the interim. The owner of the well may also file a complaint with the regional PADEP, Bureau of Oil and Gas, office. The owner may also file an insurance claim against the commercial liability insurance (or the environmental pollution insurance) that was purchased by the operator as part of the drilling or related operation.

19.

Road Use and Drill Site Access.

The operator shall provide a traffic impact study or description of the plan for the transportation and delivery of equipment, machinery, water, chemicals, products, materials, waste products and other items that will be utilized or produced in the siting, drilling, stimulating, completion, alteration and operation of the development or related operation. The study must demonstrate compliance with Chapter 15 of the Code, entitled "Motor Vehicles and Traffic." Such study/description shall include:

A map showing the planned vehicular access route to the oil and gas development or related operation site, indicating all private access roads, all state, county, and local roads, bridges, and other transportation infrastructure that may be used, and the type, weight, number of trucks, and delivery schedule necessary to support each phase of the development;

A list of all trucking contractors or employees of the operator who will travel to and from the oil and gas development or related operation site, with evidence of required registrations, licenses, and insurance coverage;

The proposed routes must be designed to ensure adequate capacity for existing and projected traffic volumes, allow for efficient movement of traffic, including appropriate turning radii and transition grade, and minimize hazards to users of public roads and to adjacent property and human activity;

Whenever possible, an oil and gas development site should have vehicle access from a collector street, as defined by the Federal Highway Administration (FWHA);

Use of streets serving exclusively residential neighborhoods is prohibited;

The Borough reserves the right to designate alternate routes in the event the applicant's proposed routes are deemed inadequate, unsafe, or overly disruptive to normal vehicular traffic by the Borough Engineer; and

The Borough also reserves the right to reduce speed limits on areas of roads especially dangerous for trucks hauling hazardous materials.

The operator of the oil and gas development shall execute a roadway maintenance and repair agreement with the Borough and post a bond for the paved highway in favor of the Borough and in a form acceptable to the Borough prior to beginning any work on a drill site.

The roadway maintenance and repair agreement shall require the operator to conduct an inventory, analysis, and evaluation of existing conditions on Borough roads along the proposed transportation route, including photography/video and core boring as determined to be necessary by the Borough Engineer. The Borough roadway maintenance and repair agreement will identify the responsibilities of the operator to prepare, maintain, and repair Borough roads before, during, and immediately after drilling operations associated with the oil and gas development or related operations. The operator shall take all necessary corrective action and measures as directed by the Borough pursuant to the agreement.

Beginning with its intersection with a public street, any access road for the oil and gas development site shall be improved with limestone or other material for 200 feet and be provided with French drains or other necessary improvements, such that no water, sediment, or debris will be carried onto any public street. If any substantial amount of mud, dirt, or other debris is carried onto public or private rights-of-way from the oil and gas development site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Borough to keep the roads continuously clean.

All-weather access roads, suitable to handle emergency equipment, shall be provided to within 50 feet of any structure, improvement, or activity area.

The operator shall take necessary safeguards to ensure appropriate dust-control measures are in place.

All applicable permits or approvals must be obtained, including access or driveway permits to state, county or Borough roads, construction permits within state, county, or Borough roads, and permits for overweight or oversize loads. Access directly to state roads shall require a PennDOT highway occupancy permit for overweight vehicles. The Borough shall be provided a copy of this and all other applicable permits or approvals.

An off-street area within the oil and gas development site for vehicles to stand while gaining access to and from the development site shall be provided so that the normal flow of traffic on the public street is undisturbed. Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to meet Pennsylvania Code 67 Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2.

The operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with the oil and gas development, the operator will provide flagmen to ensure the public safety and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.

20.

Noise.

The applicant shall be responsible for establishing to the Borough that the oil and gas development or related operation complies with all applicable noise regulations, including, but not limited to, the noise regulations contained in this chapter.

The noise generated by the oil and gas development or related operation, when measured from the source of the sound to the property line of the nearest protected structure, shall not:

Exceed the ambient noise level by more than 5 dBA from 7:00 a.m. to 7:00 p.m., local time, and by more than 3 dBA from 7:00 p.m. to 7:00 a.m., local time;

During drilling and hydraulic fracturing operations, exceed the ambient noise level by more than 10 dBA from 7:00 a.m. to 7:00 p.m., local time, or by more than 5 dBA from 7:00 p.m. to 7:00 a.m., local time;

The operator shall be responsible for continuously monitoring the noise level generated by the oil and gas development site through completion of the oil and gas development. The equipment used for the monitoring shall permit the Borough remote access to the data at any time. The operator shall be responsible for audio file recording to identify and immediately remediate any deviations from the allowable noise levels. The costs shall be borne by the operator. The file shall be maintained through the completion of the well; and

No person shall operate or permit to be operated in connection with the operation of an oil and gas development or related operation any engine, small compressor, or motor-driven machinery of any type, which creates a sound level that exceeds the ambient noise level by more than 5 dBA from 7:00 a.m. to 7:00 p.m., local time, and by more than 3 dBA from 7:00 p.m. to 7:00 a.m., local time, when measured at the property line of the nearest protected structure.

The Borough reserves the right to require temporary or permanent erection and use of sound barriers to ensure compliance, depending on the location of the oil and gas development or related operations to adjacent residential or commercial properties. These may include, but are not limited to, acoustical blankets, sound walls, mufflers, or construction of buildings or other enclosures.

21.

Air Quality.

Air contaminant emissions shall be in compliance with all county, state, and federal regulations, including, without limitation, the control provisions of the Clean Air Act, as amended, and all fugitive dust regulations for smoke, ash, dust, fumes, gases, odors, and vapors.

Offensive or noxious odors, gases, or dust shall be confined to the subject property or the leasehold premises and shall not substantially or significantly impact any occupied structures or dwelling.

22.

Lighting.

Recognizing that adequate and appropriate lighting is essential to the safety of those involved in the development of oil and gas resources, the operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the drill site, wellhead, or other area being developed so as to attempt to minimize glare on public roads and adjacent buildings.

The illumination projected from the oil and gas development or related operation shall at no time exceed 0.1 footcandle, measured at any property line.

All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light or glare onto a neighboring use or property.

The lighting system shall be designed with cutoff luminaries that have a cutoff angle of 60° or less.

After hours of operations or when the site has been fully developed and reclaimed, lighting shall be reduced to the minimum required for safety and security purposes.

Glare from gas flaring shall be considered illumination.

23.

Hours of Operation. Except for emergency operations or initial drilling and hydraulic fracturing operations, hours of operation at an oil and gas development are limited to Monday through Friday, 7:00 a.m. to 7:00 p.m., and are not permitted on weekends or legal holidays.

24.

Screening/Visual.

The well site, access roads/driveways, and all structures shall be located, designed and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance. Care shall be taken to maintain as much natural screening as possible, leaving existing trees and respective root systems undisturbed to the extent possible.

The operator shall not clear brush or trees by way of burning and shall chip, grind or remove all brush, trees, and tree stumps from properties it clears for development purposes.

The location and design of structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area. All permanent facilities shall be painted neutral colors to blend in with the surrounding area.

25.

Reclamation/Restoration of All Disturbed Areas.

Reclamation shall be initiated as soon as weather and growing conditions permit after the abandonment of the well or installation of production equipment. Reclamation shall be completed no more than one year after this point.

Reclamation shall comply with the approved landscape plan.

Reclamation shall be carried out on all disturbed areas and achieve the following objectives:

Final soil profiles shall be designed to equal or reduce soil erosion potentials over stable pre-operation conditions - and final land.

Preexisting visual character of the site shall be restored or enhanced through planting of local or adaptive vegetation. Invasive species shall not be considered acceptable.

Disturbance of soil cover shall be minimized.

The oil and gas development or related operation site shall be securely and safely maintained until reclamation has been completed and revegetation permanently established.

26.

Geophysical Exploration.

Explosives are prohibited. No geophysical work employing underground explosives shall be authorized or permitted within Borough boundaries in connection with this use. Other geophysical exploration systems employing thumper, vibroseis, or other techniques not employing explosives shall be permitted upon a separate application and payment of the applicable fee. Nothing herein shall prohibit the use of shaped charges in the well hole for perforation of the casing, as part of the completion of the well.

The application for a Borough permit to conduct geophysical exploration shall include the following:

Date of application;

Name and address of proposed permittee;

Statement of the proposed commencement and completion dates;

Map or plan (three copies) outlining the areas to be covered by the geophysical survey; and

Compliance with all other applicable provisions of this Zoning Ordinance.

27.

Insurance.

An operator shall maintain insurance coverage in the following minimum types and amounts:

Commercial liability coverage for bodily injury and property damage coverage in a minimum combined single limit of $10,000,000 per occurrence with an annual general aggregate coverage of $20,000,000. This coverage must include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, underground reservoir (or resources) damage, broad-form property damage, independent contractor's protective liability and personal injury.

Environmental impairment (or seepage and pollution) coverage, in a minimum combined single limit coverage of $10,000,000 per occurrence, shall be included in the comprehensive general liability coverage or maintained as separate coverage.

Coverage shall not exclude damage to the lease site. If environmental impairment (or seepage and pollution) coverage is written on a "claims made" basis, the policy must provide that any retroactive date applicable precedes the effective date of the issuance of the permit.

Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, oils and gas, waste material, or other irritants, contaminants or pollutants.

A discovery period for such peril shall not be less than 10 years after the occurrence.

Automobile liability insurance meeting the following requirements:

A minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage.

Such coverage shall include owned, nonowned, and hired vehicles.

Workers' compensation insurance meeting the following requirements:

The minimum statutory requirements; and

Employer's liability limits of at least $1,000,000 for each employee and $1,000,000 for occupational disease, and the insurer shall agree to waive rights of subrogation against the Borough, its departments, agents, officers, servants, employees, sponsors and volunteers, the inspector, and each of their respective heirs, personal representatives, successors and assigns, for any work performed for the Borough by the operator.

Excess (or umbrella) liability insurance in a minimum limit of $20,000,000 providing excess coverage for each of the perils insured by the preceding liability insurance policies.

Control of well insurance which meets the following requirements:

Minimum limit of $10,000,000 per occurrence with a maximum deductible of $250,000 per occurrence.

The policy shall cover the cost of controlling a well that is out of control, re-drilling or restoration expenses, and seepage and pollution damage.

Damage to property in the operator's care, custody and control with a sublimit of $500,000 may be added.

General Requirements Regarding Insurance.

Each policy shall be endorsed to read substantially as follows: "This policy will not be canceled or nonrenewed without 30 days' advance written notice to the owner and the Borough of Forest Hills, Pennsylvania, except when this policy is being canceled for nonpayment of premium, in which case 10 days' advance written notice to both such parties is required."

Liability policies shall be written by carriers licensed to do business in the Commonwealth of Pennsylvania and with companies with at least an "A" rating issued by the A.M. Best Company.

Liability policies shall name as "additional insured" the Borough of Forest Hills and the other indemnified parties as defined in the definitions section of this chapter. Waivers of subrogation shall be provided in favor of all indemnified parties.

The policy phrase "other insurance" shall not apply to the Borough where the Borough is an additional insured on the policy, and each policy shall be primary and noncontributory.

The operator shall present to the Borough copies of the pertinent portion of the insurance policies evidencing all coverage and endorsements required by this section before the issuance of the conditional use approval.

The acceptance by the Borough of a policy without the required limits and/or coverage shall not be deemed a waiver of these requirements.

Claims-made policies shall not be accepted, except for excess policies and environmental impairment (or seepage and pollution) policies, which may be written on a claims-made basis if extended coverage is provided.

Contractor and Subcontractor Insurance.

The operator shall require each contractor or subcontractor performing work on the oil and gas development site or related operation site to obtain insurance that is appropriate for the services the subcontractor is performing.

The contractor and subcontractor shall provide the insurance coverage at their own expense.

The contractor and subcontractor's insurance must name the operator as an additional insured.

The contractor and subcontractor shall keep the insurance coverage in effect until the Borough approves the abandonment and restoration of the operation site.

Companies approved by the Commonwealth of Pennsylvania with an A.M. Best rating of "A" or better and acceptable to the Borough must issue the subcontractor's insurance.

The operator shall provide the Borough Manager with a copy of the certificates of insurance for each contractor and subcontractor at least 30 days before the contractor or subcontractor begins work.