[Ord. 970, 5/16/2007, § 1001]
1.
The following standards shall apply to all permitted uses and conditional
uses in all zoning districts. In order to determine whether a proposed
conditional use will conform to the requirements of this Part, the
Planning Commission or Borough Council may require a qualified consultant
whose credentials are acceptable to Council or the Board to testify,
whose cost for services shall be borne by the applicant.
A.
Fire Protection. Fire prevention and fighting equipment which conforms to the requirements of Chapter 5 of the Forest Hills Borough Code of Ordinances, "Code Enforcement," shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B.
Electrical Disturbance. No activity shall cause electrical disturbance
adversely affecting radio or other equipment in the vicinity.
C.
Noise.
(1)
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.
(a)
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.
(b)
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.
(c)
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.
(2)
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.
(3)
In addition to these regulations, all uses or activities within
the Borough shall conform to any applicable county, state or federal
noise regulations.
D.
Vibrations.
(1)
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.
(2)
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:
(3)
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
|
E.
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.
F.
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.
G.
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.
H.
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.
I.
Water Pollution. Water pollution shall be subject to the standards
established by the Pennsylvania Department of Environmental Protection
(DEP).
[Ord. 970, 5/16/2007, § 1002; as amended by Ord.
971, 6/20/2007, § 1; and by Ord. 1023, 3/21/2012, § 41]
1.
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.
A.
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.
B.
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.
D.
A temporary garden fence may be placed in a front yard from March
1 to November 1.
(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.
(2)
The side and rear yard setback regulations set forth in this
section apply to all temporary garden fences.
(3)
Temporary garden fences placed outside of a front yard must
comply with the general fence regulations enacted and enforced by
the Borough.
[Ord. 970, 5/16/2007, § 1003]
1.
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:
2.
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.
3.
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]
[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.
[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.
[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.
[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.
[1]
Editor's Note: Former § 27-1008, Regulations Governing
Communications Antenna and Communications Equipment Buildings, was
repealed by Ord. No. 1086, 8/19/2020.
[Ord. 970, 5/16/2007, § 1009]
1.
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:
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use including,
but not limited to, parking, signs or lights.
E.
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.
F.
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.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
[Ord. 970, 5/16/2007, § 1010]
1.
Purpose. The purpose of in-fill residential standards is to:
A.
Incorporate new development into existing established residential
neighborhoods where new development respects previously established
patterns of lots, yards, structure massing and movement.
B.
Encourage the development of previously vacant or passed-over lots
that, today, are often unmaintained.
C.
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.
2.
Application. In-fill residential standards shall be applicable to
lots within the R-1, R-2 and R-3 Zoning Districts.
3.
ADJOINING LOT
DEVELOPMENT
INFILL RESIDENTIAL LOT
REDEVELOPMENT
RESIDENTIAL TEAR-DOWN
STRUCTURE ADDITION
STRUCTURE CONSTRUCTION
STRUCTURE RENOVATION
VERTICAL EXPANSION
Definitions. The following definitions apply to this subsection:
A lot which shares a common lot line and fronts a common
street right-of-way with the subject lot.
Improvement to a previously unimproved lot including structure
construction.
A nonconforming lot, existing as of the adoption date of
this chapter, where development or redevelopment may occur.
Improvement to a previously improved lot including structure
addition, structure renovation, vertical expansion, and residential
tear-down.
The demolition of a structure and subsequent development
replacing the demolished structure.
Improvements to an existing structure that may increase lot
coverage or alter the character of existing improvements.
Improvements upon a previously unimproved standard lot that
conform to current zoning regulations.
Improvements to a structure that do not increase lot coverage
or substantially alter the character of previously existing improvements.
Improvements to an existing building that change the height
of the building but do not necessarily increase the building's lot
coverage.
4.
Uses. Uses permitted for in-fill residential lots shall be identical
to those uses defined for the base zoning district.
5.
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.
A.
Design and Density.
(1)
In-fill residential development shall be of similar scale, form,
architectural detailing, etc., to surrounding neighborhood (examples:
window size, roof character).
(2)
Structure massing shall be consistent with surrounding neighborhood
development.
(3)
Density shall equal that which is permitted within the existing
zoning district.
B.
Yard Setbacks and Structure Height.
(1)
Setbacks.
(a)
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.
(b)
Side setback shall be equal to the average of adjoining structures.
(c)
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.
(2)
Structure Height.
(a)
Structure height at the cornice shall be equivalent to the cornice
height of an adjoining structure.
(b)
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).
(3)
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.
[Ord. 970, 5/16/2007, § 1011; as amended by Ord.
1023, 3/21/2012, § 42; and by Ord. 1041, 9/18/2013, § 6]
1.
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:
A.
Garage, carport, shed or building for domestic storage, or storage
of a boat, trailer or camper.
B.
Child's playhouse, garden house, gazebo and private greenhouse.
C.
Private residential swimming pool.
D.
Civil defense shelter for not more than two families.
E.
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.
F.
Off-street motor vehicle parking areas, and loading and unloading
facilities.
G.
Signs where permitted by this chapter.
H.
No-impact home-based businesses.
I.
Dog houses.
K.
Dumpsters.
L.
Recycling containers for multi-family and nonresidential developments.
M.
Little free library.
[Added by Ord. 1053, 11/18/2015]
2.
Prohibited Accessory Uses.
3.
Location of Accessory Uses. Unless otherwise stipulated by this chapter,
the following standards shall apply:
A.
Residential Districts.
(1)
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]
(2)
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.
B.
Business and Special Districts.
(1)
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]
(2)
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.
C.
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]
D.
Accessory structures and uses shall otherwise comply with the bulk
regulations applicable to the district in which they are located.
4.
Use Limitations.
A.
All accessory structures and uses shall comply with the use limitations
applicable in the zoning district in which they are located.
B.
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.
5.
Permit and Maintenance Requirements.
A.
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.
B.
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.
[Ord. 970, 5/16/2007; as added by Ord. 1023, 3/21/2012, § 43]
1.
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.
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:
C.
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.
D.
A photometric plan shall be submitted. Illumination, at the lot line,
shall not exceed 1/2 footcandle.
E.
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.
F.
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.
G.
Ingress, egress, and internal traffic circulation shall be designed
to minimize hazards and congestion.
H.
Access drives shall be located to provide the maximum sight distance
possible.
I.
Dance floors shall be prohibited.
J.
With the exception of music without amplification, live entertainment
shall be prohibited.
K.
Billiard and pool tables shall be prohibited.
L.
Video and mechanical amusement games shall be prohibited.
[Ord. 970, 5/16/2007; as added by Ord. 1023, 3/21/2012, § 44]
1.
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:
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
The business shall employ no more than one employee in addition to
any person residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use including,
but not limited to, parking, signs or lights.
E.
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.
F.
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.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
I.
The business may not have more than one customer, client or patient
visit per day.
J.
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.
[Ord. 970, 5/16/2007; as added by Ord. 1023, 3/21/2012, § 45]
1.
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:
A.
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:
(1)
Any recommendation, suggestion or participation of the Borough
in the project or development.
(2)
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.
(3)
An explanation of the needs which the project or development
will meet and the basis and information upon which the needs have
been determined.
(4)
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:
(a)
Any effect upon the air.
(b)
Any effect upon water.
(c)
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.
B.
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:
(1)
Topography.
(2)
Surface and subsurface soils.
(3)
Subsurface conditions, including minerals, geology, mining,
hydrology and underground utilities.
(4)
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.
(5)
Access to transportation.
(6)
Existing vegetation and wildlife and historic and cultural structures
or characteristics.
(7)
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.
C.
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.
D.
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:
(1)
The density and nature of the population, including an evaluation
of population trends in that area for the previous 10 years.
(2)
Any change in real estate value and in the existing proportion
of residential use as compared to commercial use.
(3)
The compatibility or lack of compatibility with uses within
1,000 feet of the proposed project and development.
(4)
Any increase in educational and recreational requirements.
(5)
Any anticipated increase in revenue to the Borough associated
with increased property valuations and taxables.
(6)
Any provision of religious, cultural or historic services and
benefits and the demand therefor.
(7)
Any other recognizable and measurable effect, adverse or beneficial,
to the public welfare, health and safety and the economy of the Borough.
E.
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.
F.
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.
2.
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.
[Ord. 970, 5/16/2007; as added by Ord. 1041, 9/18/2013, § 7]
2.
Compliance with Applicable Laws.
A.
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.
3.
Setbacks. All LPG containers shall be located at least 10 feet from
all residential property lines.
[Ord. 970, 5/16/2007; as added by Ord. 1041, 9/18/2013, § 8]
1.
Applicability and Permitting.
A.
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.
B.
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.
2.
Location Within a Lot.
A.
Building-mounted systems are permitted to face any rear, side or front yard, as defined in § 27-202 of this chapter.
B.
Building-mounted systems may only be mounted on lawfully permitted
principal or accessory structures and shall comply with all applicable
requirements for accessory uses.
C.
Ground-mounted systems shall comply with all applicable requirements
for accessory uses and structures.
3.
Design and Installation Standards.
A.
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.
B.
For ground-mounted systems, all exterior electrical lines must be
buried below the surface of the ground where possible or be placed
in conduit.
4.
Setback Requirements.
A.
Ground-mounted systems must comply with the applicable accessory structure setback requirements, as set forth in § 27-1011 of this chapter.
B.
The required setbacks are measured from the lot line to the nearest
part of the system.
C.
No part of a ground-mounted system shall extend into the required
setbacks.
5.
Height Restrictions.
A.
Notwithstanding the height limitations of the zoning district:
(1)
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.
(2)
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.
(3)
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.
B.
Ground-mounted systems may not exceed 12 feet in height.
7.
Nonconformance.
A.
Building-Mounted Systems.
(1)
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.
(2)
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.
B.
Ground-Mounted Systems.
(1)
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.
(2)
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.
8.
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.
9.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
[Added by Ord. 1053, 11/18/2015]
1.
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.
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:
(1)
Name of the mobile food vehicle's owner;
(2)
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;
(3)
Mobile food vehicle's proposed hours of operation; and
(4)
Proposed number of employees staffing the motor food vehicle.
B.
A valid copy of the mobile food vehicle's required state licenses/permits
shall be submitted to the Zoning Officer.
C.
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.
E.
No mobile food vehicle shall be parked on the street overnight, or
left unattended and unsecured at any time.
F.
No mobile food vehicle shall operate within 150 feet of the front
door of any restaurant in current operation.
G.
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.
H.
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.
I.
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.
J.
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.
K.
No mobile food vehicle shall have a drive-through service.
L.
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.
[Added by Ord. 1053, 11/18/2015]
1.
Accessory Use. Little free libraries which comply with the definition
and standards of this chapter shall be permitted within all zoning
districts.
2.
Location Within a Lot.
A.
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).
B.
Little free libraries shall not:
(1)
Be located within or overhanging a public right-of-way or any
public easement;
(2)
Obstruct vehicular, bicycle or pedestrian traffic, either physical
or by a person utilizing the little free library; and
(3)
Obstruct access aisles or paths utilized by persons in wheelchairs
or for ADA accessibility.
3.
Design and Installation Standards.
A.
Little free libraries shall not exceed four square feet in size.
B.
Little free libraries shall be constructed in such a manner that
no person or child is able to enter.
C.
Little free libraries shall be anchored to the ground or otherwise
securely attached to something having a permanent, anchored location
on the ground.
4.
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.
[Added by Ord. 1059, 10/19/2016]
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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:
A.
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).
B.
Any property subject to a conservation easement or open space conditions,
or any similar restrictions, whether public or private.
C.
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.
D.
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:
A.
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.
A map showing the planned access route to the oil and gas development
and/or related operations site on public roads;
B.
Information on the status of road bonding;
C.
The operator's erosion and sedimentation plan;
D.
The well survey plat; and
E.
The contact information for the operator, with two emergency contact
numbers.
13.
Completeness Review of Application.
A.
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.
B.
An application shall not be processed for review until after a determination
of completeness has been issued by the Borough.
C.
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.
D.
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.
A.
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:
(1)
Reviewing all conditional use applications for oil and gas development
and/or related operations.
(2)
Inspecting oil and gas development and/or related operation
sites during key phases of development.
(3)
Inspecting oil and gas development and/or related operation
sites upon receipt of a complaint.
(4)
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.
(5)
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.
B.
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].
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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:
L.
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.
M.
The operator shall install temporary fall protection fencing meeting
OSHA requirements around any temporary impoundments containing fresh
water at depths greater than two feet.
N.
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.
O.
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.
P.
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.
(1)
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.
(2)
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.
(3)
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.
Q.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
Hinges shall be heavy-duty malleable iron or steel industrial
service type with a one-hundred-eighty-degree swing.
R.
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.
(1)
The fence fabric shall be no greater than six feet in height.
(2)
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.
(3)
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.
(4)
The chain-link fence fabric shall have a minimum thickness of
11 gauge and be of dark green or black chain-link construction.
(5)
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.
(6)
Post and rail shall be standard galvanized, welded pipe, Schedule
40 or thicker.
(7)
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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:
(1)
Water samples must be collected and analyzed utilizing proper
sampling and laboratory protocol from an independent PADEP-certified
water testing laboratory;
(2)
Well samples shall be analyzed prior to any drilling activity
to document baseline water quality data of the well;
(3)
Well samples shall also be analyzed prior to drilling activity
to document the quantity of water produced by the well;
(4)
A post-drilling sample analysis shall be submitted for water
quality testing by the operator within three months after drilling
is completed;
(5)
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
(6)
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.).
B.
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.
C.
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.
A.
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:
(1)
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;
(2)
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;
(3)
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;
(4)
Whenever possible, an oil and gas development site should have
vehicle access from a collector street, as defined by the Federal
Highway Administration (FWHA);
(5)
Use of streets serving exclusively residential neighborhoods
is prohibited;
(6)
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
(7)
The Borough also reserves the right to reduce speed limits on
areas of roads especially dangerous for trucks hauling hazardous materials.
B.
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.
C.
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.
D.
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.
E.
All-weather access roads, suitable to handle emergency equipment,
shall be provided to within 50 feet of any structure, improvement,
or activity area.
F.
The operator shall take necessary safeguards to ensure appropriate
dust-control measures are in place.
G.
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.
H.
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.
I.
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.
A.
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.
B.
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:
(1)
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;
(2)
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;
(3)
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
(4)
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
The lighting system shall be designed with cutoff luminaries that
have a cutoff angle of 60° or less.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
Reclamation shall comply with the approved landscape plan.
C.
Reclamation shall be carried out on all disturbed areas and achieve
the following objectives:
(1)
Final soil profiles shall be designed to equal or reduce soil
erosion potentials over stable pre-operation conditions - and final
land.
(2)
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.
(3)
Disturbance of soil cover shall be minimized.
D.
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.
A.
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.
B.
The application for a Borough permit to conduct geophysical exploration
shall include the following:
(1)
Date of application;
(2)
Name and address of proposed permittee;
(3)
Statement of the proposed commencement and completion dates;
(4)
Map or plan (three copies) outlining the areas to be covered
by the geophysical survey; and
(5)
Compliance with all other applicable provisions of this Zoning
Ordinance.
27.
Insurance.
A.
An operator shall maintain insurance coverage in the following minimum
types and amounts:
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
A discovery period for such peril shall not be less than 10 years
after the occurrence.
E.
Automobile liability insurance meeting the following requirements:
(1)
A minimum combined single limit of $1,000,000 per occurrence
for bodily injury and property damage.
(2)
Such coverage shall include owned, nonowned, and hired vehicles.
(3)
Workers' compensation insurance meeting the following requirements:
(a)
The minimum statutory requirements; and
(b)
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.
(4)
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.
(5)
Control of well insurance which meets the following requirements:
(a)
Minimum limit of $10,000,000 per occurrence with a maximum deductible
of $250,000 per occurrence.
(b)
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.
(c)
Damage to property in the operator's care, custody and control
with a sublimit of $500,000 may be added.
F.
General Requirements Regarding Insurance.
(1)
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."
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
The acceptance by the Borough of a policy without the required
limits and/or coverage shall not be deemed a waiver of these requirements.
(7)
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.
G.
Contractor and Subcontractor Insurance.
(1)
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.
(2)
The contractor and subcontractor shall provide the insurance
coverage at their own expense.
(3)
The contractor and subcontractor's insurance must name the operator
as an additional insured.
(4)
The contractor and subcontractor shall keep the insurance coverage
in effect until the Borough approves the abandonment and restoration
of the operation site.
(5)
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.
(6)
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.
(7)
Upon request, the operator shall provide the Borough manager
with copies of the subcontractor's insurance policies and all endorsements
at no cost to the Borough.
28.
Financial Security. A financial security provided by the Borough's Subdivision and Land Development Ordinance [Chapter 22] shall be required as part of the land development application for an oil and gas development or related operation.
29.
Indemnity.
A.
Each conditional use application and each conditional use approval
shall include the following indemnification language:
OPERATOR DOES HEREBY EXPRESSLY AND IRREVOCABLY RELEASE AND DISCHARGE
ALL CLAIMS, DEMANDS, ACTIONS, JUDGMENTS AND EXECUTIONS OF ANY AND
ALL KINDS WHICH IT OR ITS SUCCESSORS OR ASSIGNS EVER HAD OR NOW HAS
OR MAY HAVE, OR CLAIMS TO HAVE, AGAINST THE BOROUGH OF FOREST HILLS,
PENNSYLVANIA, ITS ELECTED OR APPOINTED OFFICIALS, DEPARTMENTS, AGENTS,
OFFICERS, SERVANTS, EMPLOYEES, SPONSORS OR VOLUNTEERS, THE INSPECTOR,
AND EACH OF THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS
AND ASSIGNS (THE BOROUGH OF FOREST HILLS, PENNSYLVANIA, AND ALL OTHER
FOREGOING PARTIES BEING HEREIN REFERRED TO COLLECTIVELY AS THE "INDEMNIFIED
PARTIES") CREATED BY OR ARISING OUT OF BODILY INJURIES, KNOWN OR UNKNOWN,
OR INJURIES TO PROPERTY, REAL OR PERSONAL, OR IN ANY WAY INCIDENTAL
TO OR IN CONNECTION WITH THE PERFORMANCE OF THE WORK PERFORMED BY
THE APPLICANT AND/OR OPERATOR, ITS CONTRACTORS, AND EMPLOYEES UNDER
A CONDITIONAL USE APPROVAL. OPERATOR AGREES TO FULLY DEFEND, PROTECT,
INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST
EACH AND EVERY CLAIM, DEMAND OR CAUSE OF ACTION AND ANY AND ALL LIABILITY,
DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, FINES, PENALTIES, COSTS,
FEES, INCLUDING ATTORNEYS' FEES, AND EXPENSES INCURRED BY THE INDEMNIFIED
PARTIES, INCLUDING ANY NEGLIGENT ACT OR OMISSION, GROSS NEGLIGENCE,
INTENTIONAL MISCONDUCT OR ILLEGAL ACT, CAUSED BY OR ARISING OUT OF,
INCIDENTAL TO, OR OTHERWISE IN CONNECTION WITH ANY WORK PERFORMED
BY THE APPLICANT AND/OR OPERATOR, OR ITS CONTRACTORS UNDER A CONDITIONAL
USE APPROVAL, INCLUDING WITHOUT LIMITATION, BODILY INJURIES AND DEATH
IN CONNECTION THEREWITH WHICH MAY BE MADE OR ASSERTED BY THE APPLICANT
AND/OR OPERATOR OR THE APPLICANT'S AND/OR OPERATOR'S AGENTS, EMPLOYEES,
ASSIGNS OR ANY THIRD PARTIES. THE APPLICANT AND/OR OPERATOR AGREES
TO FULLY DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED
PARTIES FROM ANY CLAIMS, LIABILITIES OR DAMAGES SUFFERED AS A RESULT
OF CLAIMS, DEMANDS, COSTS OR JUDGMENTS AGAINST THE INDEMNIFIED PARTIES,
CREATED BY OR ARISING OUT OF THE ACTS OR OMISSIONS OF THE BOROUGH
OF FOREST HILLS OR ANY OF THE OTHER INDEMNIFIED PARTIES, OCCURRING
ON THE OIL AND GAS DEVELOPMENT SITE OR RELATED OPERATION SITE IN THE
COURSE AND SCOPE OF INSPECTING AND APPROVING THE DEVELOPMENT OR RELATED
OPERATION, INCLUDING, BUT NOT LIMITED TO CLAIMS, LIABILITIES AND DAMAGES
ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF ANY OF THE INDEMNIFIED
PARTIES, INCLUDING THE SOLE NEGLIGENCE OF ANY INDEMNIFIED PARTY, OCCURRING
IN THE COURSE AND SCOPE OF APPROVING OR INSPECTING THE OIL AND GAS
DEVELOPMENT SITE OR RELATED OPERATION SITE, AND OTHER AREAS INVOLVED
IN THE APPLICANT'S AND/OR OPERATOR'S ACTIVITIES. IT IS UNDERSTOOD
AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY
EXTENDED BY THE APPLICANT AND/OR OPERATOR TO INDEMNIFY AND PROTECT
THE BOROUGH OF FOREST HILLS, PENNSYLVANIA, AND THE OTHER INDEMNIFIED
PARTIES FROM THE CONSEQUENCES OF THE NEGLIGENT ACT OR OMISSION OF
ANY OF THE INDEMNIFIED PARTIES, WHETHER THAT NEGLIGENCE IS THE SOLE
OR A CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH AND/OR DAMAGE.
THE FOREGOING IS NOT INTENDED TO REQUIRE THE APPLICANT AND/OR OPERATOR
TO INDEMNIFY THE INDEMNIFIED PARTIES FROM THE INDEMNIFIED PARTIES'
GROSS NEGLIGENCE OR INTENTIONAL HARM, IRRESPECTIVE OF WHETHER THAT
GROSS NEGLIGENCE OR INTENTIONAL HARM IS THE SOLE OR A CONTRIBUTING
CAUSE OF THE RESULTANT INJURY.