Aspinwall City Zoning Code
PART 5
CONDITIONAL USES
§ 27-501 Applicability.
[Ord. 775, 6/15/1983, § 140-601]
Applications for conditional uses, when listed as permissible by this chapter, shall be approved or denied by Borough Council in accordance with the standards and criteria of this Part.
§ 27-502 Application Procedure.
[Ord. 775, 6/15/1983, § 140-602; as amended by Ord. 939, 10/14/1998, § 4; as amended by Ord. 995, 12/10/2003]
1.
Review Procedure.
A.
An application for conditional use approval shall be filed with the Zoning Officer, on forms as prescribed by the Borough, at least 14 days prior to the regular meeting of the Planning Commission. A conditional use application shall not be considered to be administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Borough.
B.
The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted, then the Zoning Officer shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.
C.
Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the Borough Solicitor; the Borough Engineer; each member of the Planning Commission; and each member of the Borough Council.
D.
The Planning Commission shall review the application and forward its recommendation to the Borough Council within 45 days of the date of the Borough's receipt of an administratively complete application.
E.
Borough Council shall hold a public hearing, pursuant to public notice, within the time periods and procedures required by the MPC. The public hearing shall commence within 60 days of the date of the filing of an administratively complete application. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC.
F.
Borough Council shall render a written decision on the conditional use application within 45 days of the last hearing. Where the application is contested or denied, the Borough Council decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the MPC.
G.
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date.
H.
All development, construction and use shall be in accordance with the approved conditional use plan unless a revised conditional use application is submitted, approved and filed. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Borough Council, and conditions attached by the Borough Council. Any development contrary to the approved conditional use plan shall constitute a violation of this chapter.
2.
Application Content.
A.
All applications for conditional use approval shall demonstrate compliance with the applicable express standards and criteria of this Part and the applicable lot and yard requirements of the zoning district in which the use is proposed.
B.
All applications for conditional use approval shall be submitted to the Zoning Officer, in the form prescribed from time to time by the Borough, with not fewer than six full scale copies and 15 half scale copies of all required maps, and 15 copies of all other application material. An application for conditional use approval shall not be considered administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Zoning Officer.
C.
All applications for conditional use approval shall contain the following:
3.
Expiration of Approval. The grant of a conditional use shall expire one year after the date of the Borough Council's written decision unless: (1) the applicant has applied for and obtained a building permit and commenced construction, or (2) in a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the conditional use. Expiration of conditional use approval under this section shall require the applicant to re-apply for conditional use approval.
§ 27-503 General Standards and Criteria.
[Ord. 775, 6/15/1983, § 140-603]
1.
Before approving a conditional use application, Council shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located, and that it will not substantially impair the use or development of adjacent properties. Council shall use the following general standards, among other things, in its evaluation. These standards shall be in addition to any other requirements in this chapter for a specific type of use or development.
A.
The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter, unless a variance to any provision has been granted by the Zoning Hearing Board, and with other applicable Borough, county and commonwealth and federal ordinances, laws and regulations. The proposed use shall obtain applicable permits, licenses, approvals from the Borough, Allegheny County, Pennsylvania and federal agencies before final approval of the conditional use application shall be granted.
B.
The proposed use is compatible with the surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.
C.
The proposed site for the conditional use is suitable in terms of topography and soil conditions and size, based on number of projected users and the frequency of use of the proposed use.
D.
The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading.
E.
The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, storm drainage, solid and toxic waste storage and disposal.
F.
The proposed use provides screening or buffer areas as required by this chapter.
G.
The proposed use/development conforms to the scale, character and exterior appearance of existing structures and uses in the neighborhood in which it is located.
§ 27-504 Special Standards and Criteria.
[Ord. 775, 6/15/1983, § 140-604; as amended by Ord. 908, 7/13/1995, § 140-604; by Ord. 938, 10/14/1998, § 6; by Ord. 949, 4/14/1999, § 3; by Ord. 995, 12/10/2003; and by Ord. 1001, 10/13/2004, § 6]
1.
For the types of uses identified in this section, Council shall also determine that the proposed use complies with these additional standards:
A.
Group Residences, Family Boarding Homes, Nursing Homes and Institutional Facilities.
(1)
Group residences, family boarding homes, nursing homes and institutional facilities are allowed as conditional uses only in the zoning districts listed in this chapter.
(2)
In order to prevent the concentration of such uses in a neighborhood and to avoid impacting existing residences, no group residence, family boarding home, nursing home or institutional facility may be located within the same block or within 1,200 feet, whichever is more, of another group residence, family boarding home, nursing home or institutional facility.
(3)
The number of off-street parking spaces required for a single-family home shall apply for a group residence, family boarding home or institutional facility; provided, that at least one space is provided per resident-supervisor or full-time staff member, and one space per two residents where the facility includes residents capable of operating a motor vehicle. Nursing homes shall comply with the space requirements of § 27-409, Subsection 3.
(4)
Area and bulk requirements shall be as prescribed for the district where the property is located, unless otherwise stated in this chapter. In the case of a group residence or family boarding home, Borough Council may reduce these dimensions when such use is to be located in an existing structure.
(5)
Change of ownership or sponsorship or of any other condition contained in the original approval of the group residence, family boarding/institutional facility or nursing home shall constitute a new use, and the procedure for obtaining conditional use approval of a new facility shall be executed.
(6)
The operator of the group residence, family boarding home, institutional facility or nursing home shall obtain any required licenses or certifications from the appropriate commonwealth or county agency prior to the conditional use approval. In no case shall an occupancy permit be granted for the facility until proof of such licenses or certifications has been filed with the Borough.
B.
Day Care Centers, Private School for Pre-Primary Age Children.
(1)
The operator of the day care center shall obtain the required licenses and approvals from the appropriate commonwealth agencies prior to approval of the conditional use application and/or the occupancy permit.
C.
Amusement Arcades.
(1)
No video game or amusement arcade, as defined by this chapter, shall be located within 500 feet of a public or private school, public building or fire station, church, public recreation area or establishment licensed or supervised by the Pennsylvania Liquor Control Board.
D.
Gasoline Service Stations.
(1)
No gasoline service station shall be located within 1,000 feet of a similar facility.
(2)
Access driveways to the service station shall be at least 30 feet from the intersection of any public streets.
(3)
Fuel pumps, air towers and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 15 feet of any property line.
(4)
Inspections, lubrication, oil changes, tire changes and similar minor repairs are permitted if conducted entirely within a building.
(5)
All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five feet from the pumps.
(6)
All refuse shall be stored within a building or enclosed area.
(7)
No vehicle shall be stored outdoors during nonbusiness hours; nonoperable vehicles shall not be stored in the open at any time.
(8)
Automobiles, vans (less than 20 feet) or utility trailer rental is an authorized accessory use, provided that no more than three vehicles are visible on the premises at any time.
E.
Automotive Repair Facilities and Carwash.
(1)
All repair services shall be conducted within an enclosed building which complies with state and Borough regulations for such uses.
(2)
All automotive parts and supplies shall be stored within an enclosed building.
(3)
All refuse must be stored within a building or enclosed area.
(4)
No vehicle shall be stored outdoors during nonbusiness hours; nonoperable vehicles shall not be stored in the open at any time.
F.
Manufacturing Industries (AI-1 Districts).
(1)
The use shall not include the on-site storage of toxic chemicals, nuclear materials or wastes or other hazardous materials, unless they comply with all applicable Allegheny County, Pennsylvania and federal laws and/or regulations.
(2)
Where the use includes fuel storage and distribution tanks and related facilities, the minimum lot area shall be two acres and the use shall comply with applicable Borough and Allegheny County fire-prevention requirements.
G.
Allegheny River-Oriented Uses (A-CD Districts).
(1)
The proposed use shall be capable of meeting applicable commonwealth and federal standards for river usage. The applicant shall submit copies of these governmental agencies' reviews and approvals.
(2)
The use, to the maximum extent feasible, shall provide or maintain public access to the river.
(3)
The use shall not construct, install or locate any structure or facility which blocks the view of, or restricts access to, the river by another existing use.
(4)
All uses shall endeavor to preserve and maintain the natural features and vegetation of the riverfront area.
(5)
Suitable landscaping shall be provided in accordance with the provisions of this chapter. However, Council may attach additional requirements during the review of the conditional use application.
(6)
Suitably-improved accessways (streets, walkways, etc.) shall be provided. Council may assess the applicant a proportional share of the cost for the improvement of any public right-of-way.
(7)
A riverfront use may place a directional sign, not exceeding two square feet, along Freeport Road, indicating the access to the use. Documentation of the approval of the property owner, where the sign is to be located, must be submitted with the conditional use application.
H.
Uses Which Do Not Meet Off-Street Parking Requirements in the AC-1 and AC-2 Zones.
(1)
In the event a use permitted as either a permitted use or a conditional use in the AC-1, Community Business District or the AC-2 General Commercial District does not comply with the off-street parking requirements of §§ 27-409 and 27-410 of this chapter, said use may be permitted as a conditional use, provided the applicant complies with the requirements of § 27-503 and this subsection of this chapter.
(2)
In order to obtain a conditional use under this section, the applicant bears the burden of establishing to the satisfaction of the Borough Council that the applicant has made alternative arrangements for adequate off-street parking. The applicant may do so by establishing, individually or in combination, to the satisfaction of Borough Council, that:
(a)
The applicant has secured the required number of off-street parking spaces on the property or within 600 feet, and although the applicant may not own or has not procured a lease of a term required by this chapter, the applicant has otherwise adequately demonstrated that the spaces will be available for applicant's use.
(b)
The applicant has secured the required number of off-street parking spaces, and although all or portion of the same are located more than 600 feet from the entrance to the subject property, the applicant has shown that adequate arrangements for valet parking or shuttle bus service will be provided.
(c)
The applicant submits a traffic/parking study prepared by a qualified traffic/parking engineer demonstrating that the nature and use of the subject property is such that the number of off-street parking spaces to be provided by the applicant is adequate to service the proposed use.
(d)
The applicant submits a traffic/parking study prepared by a qualified traffic/parking engineer demonstrating that because of the anticipated time and days of usage of the subject property, adequate parking spaces are available on-street or in public parking lots to adequately service both the proposed use as well as current and projected baseline demand for on-street and public parking lot spaces.
(e)
The applicant has made alternative arrangements for the parking of vehicles to be operated by the applicant, applicant's employees, vendors or others so that these individuals will not be utilizing on-street or public parking lot spaces or the off-street parking spaces otherwise being dedicated to the proposed use.
(f)
The applicant has made adequate valet parking arrangements to alleviate any deficiency in required off-street parking spaces.
(g)
The applicant can demonstrate that any deficiency in parking spaces will be accommodated by the use of a public transit stop located within 600 feet of the entrance to the subject property.
(h)
The applicant has made other arrangements satisfactory to the Borough Council establishing that the off-street parking to be provided by the applicant will be adequate.
(3)
The applicant shall comply with all other requirements of this chapter applicable to the use and zoning district in question and all other requirements of Chapter 22 of the Aspinwall Borough Code, subdivision and land development regulations.
(4)
Prior to the public hearing before the Borough Council, the applicant shall submit all studies, documents and testimony which applicant wishes to be considered in connection with its conditional use application for review and recommendation by the Borough Planning Commission.
(5)
When granting a conditional use pursuant to this section, the Borough Council may impose any reasonable conditions it believes are necessary to ensure that adequate off-street parking will be provided by the applicant and to ensure that the use otherwise complies with all applicable requirements of this chapter and Chapter 22 of the Aspinwall Borough Code, subdivision and land development regulations.
I.
Uses Not Specifically Listed as Permitted or Conditional Uses.
(1)
Uses which are not specifically listed as permitted or conditional uses in any zoning district may be authorized in the AI-1 Limited Industrial District by the Aspinwall Borough Council as conditional uses.
(2)
In order to obtain a conditional use under this section, the applicant bears the burden of establishing the following to the satisfaction of the Borough Council:
(a)
The proposed use must be fully consistent and in harmony with the purpose of the district in which it will be located.
(b)
The impact of the use on the environment and adjacent streets is equal to or less than any use specifically permitted as a permitted or conditional use in the subject district.
(c)
In determining the impact on the environment and adjacent properties, the Borough Council shall consider such development characteristics as the number of employees, the floor area of the proposed building devoted to the proposed use, the type of products involved, the materials, equipment or services involved, the magnitude of walk-in trade, traffic generation, parking demand, environmental impacts, and any other information that Borough Council determines will aid in determining the impact of the use.
(d)
The proposes use shall comply with the expressed standards and criteria of the zoning district in which the use is to be located and all other requirements of this chapter and Chapter 22 of the Aspinwall Borough Code, subdivision and land development regulations.
(e)
The proposed use shall be in accordance with the community objectives of this chapter and the Comprehensive Plan of the Borough of Aspinwall, as adopted and amended.
(3)
Prior to the public hearing before the Borough Council, the applicant shall submit all studies, documents and testimony which applicant wishes to be considered in connection with the conditional use application, for review and recommendation by the Borough Planning Commission.
J.
Communications Equipment Building and Communications Tower.
(1)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower and communications antenna, as applicable.
(2)
The applicant shall demonstrate that the proposed communications and communications antenna proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(3)
A communications antenna shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
(4)
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antenna on an existing building, structure or communications tower. A good faith effort shall require all owners of potentially suitable building, structure or communications tower within a 1/4 mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such building, structure or communications tower apply:
(a)
The proposed antenna and related equipment would exceed the structure capacity of the existing building, structure or communications tower and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure or communications tower and the interference cannot be prevented at a reasonable cost.
(c)
Such existing building, structure or communications tower do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d)
Addition of the proposed antenna and related equipment would result in electromagnetic radiation from such building, structure or communications tower exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with the owners of such building, structure or communications tower.
(5)
Access shall be provided to the communications tower and communications equipment building be means of a public street or easement to a public street. Any such easement shall be a minimum of 20 feet in width and shall be paved to a width of at least 10 feet with concrete, bituminous asphalt or bituminous seal coat for its entire length and in accordance with applicable Borough ordinances governing the construction of public streets.
(6)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function. For any proposed communications tower with a height in excess of 75 feet, the applicant shall deposit with the Borough an engineering review deposit as may be deemed appropriate by the Borough Engineer, which deposit shall be in addition to any other required application and/or engineering fees. This deposit shall be used by the Borough to retain an independent, certified engineer knowledgeable in the field of communications towers to review the application and to express an opinion as to the minimum height necessary for the proposed communications tower to perform its function. In the event that the fees actually incurred for said engineering review exceed the amount of the deposit, the applicant shall tender payment of the amount owned. In the event that the fees actually incurred for said engineering review are less than the amount of the deposit, the balance shall be refunded and/or credited to the applicant.
(7)
The foundation and base of any communications tower shall be set back from the nearest adjoining property or lease lines, whichever is closer to the proposed communications tower, a distance equivalent to the height of the proposed tower.
(8)
The maximum height of any communications tower shall be 75 feet; provided, however, that such height may be increased by no more than an additional 75 feet as long as an independent, certified engineer retained under Subsection 1F, above, expresses an opinion that the additional height necessary for the proposed communications tower to perform its function. Regardless of height, all communications towers shall remain subject to the setback requirements of Subsection 1G, above.
(9)
There shall be a maximum of one communications tower per lot, regardless of lease lines.
(10)
The base of the a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
(11)
The communications tower building shall comply with the required yard and height requirements of the applicable zoning district for an accessory structure; provided, that the building footprint of the communications equipment building is equal or less than 100 square feet. If the building footprint of the communication equipment building is greater than 100 square feet, the building shall comply with the required yard and height regulations of the applicable zoning district for a principal building or structure.
(12)
The applicant shall submit certification from a Pennsylvania registered professional engineer that any proposed communications tower will be designed and constructed in accordance with the current structural standards for Steel Antenna Towers and Antenna Supporting Structures published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of Chapter 5 of the Aspinwall Borough Code, Building Construction.
(13)
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address, emergency telephone number for the operator of the communications tower; and a certificate of insurance evidence general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and any communications antenna located thereon.
(14)
All guy wires associated with a guyed communication tower shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
(15)
The site of a communications tower shall be secured by a fence with a minimum height of four feet and a maximum height of eight feet and containing only self-latching gates to limit accessibility by the general public.
(16)
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
(18)
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
(19)
Two off-street parking spaces shall be provided within the fenced area.
(20)
All tower structures shall be fitted with anti-climbing devices as recommended by the tower manufacturer for the type of installation proposed.
K.
Adult Oriented Businesses.
(1)
Adult oriented businesses may be established and operated only in AI-1 Limited Industrial Districts.
(2)
Persons or owners who intend to open a adult oriented business must obtain from the Borough a license to operate such an enterprise pursuant to Chapter 13, Part 8, of the Aspinwall Borough Code, Adult Oriented Businesses, and must pay to the Borough an investigation fee as may be set from time to time by resolution of Borough Council. In addition, such persons or owners must supply to the Borough detailed information as to the ownership and financing as required pursuant to Chapter 13, Part 8, of the Aspinwall Borough Code, Adult Oriented Businesses.
(3)
No adult oriented business may be opened or operated if the establishment would be within 300 feet of a preexisting school, hospital, nursing home, group care facility, park, church, establishment which is licensed to and does sell alcoholic beverages or other adult business.
(4)
An adult oriented business shall be initially licensed, where it has met the requirements set forth in Chapter 13, Part 8, of the Aspinwall Borough Code, Adult Oriented Businesses, through December 31 of the year in which the license is issued. For each year thereafter that the adult oriented business intends to continue as an adult oriented business, it must seek from the Borough a renewal of the license. The lack of a valid license at any time shall be a proper basis for the Borough to deny or revoke an occupancy permit to an adult oriented business.
L.
Bed-and-Breakfast.
[Added by Ord. 1060, 6/11/2014]
(1)
Bed-and-breakfast establishments are allowed as conditional uses only in the zoning district listed in this chapter.
(2)
In order to prevent the concentration of such uses in a neighborhood and to avoid impacting existing residences, no bed-and-breakfast establishment shall be located within the same block or within 1,000 feet, whichever separation is greater, of another bed-and-breakfast establishment.
(3)
The building used for a bed-and-breakfast establishment shall be at least 5,000 square feet in gross floor area.
(5)
The bed-and-breakfast establishment shall be maintained so that its appearance remains that of a single-family dwelling.
(6)
The owner of the bed-and-breakfast establishment shall be responsible for the operation of the establishment and shall occupy the property as a primary residence.
(7)
No more than five guest rooms shall be rented for bed-and-breakfast purposes, and there shall be no more than a total of 10 overnight guests at any one time.
(8)
Guest rooms shall have at least one toilet, one bath/shower, and one washbasin separate from those required for the primary residence portion of the dwelling.
(9)
An overnight guest shall not occupy the bed-and-breakfast establishment for more than 14 consecutive nights in any thirty-day period.
(10)
Breakfast shall be the only food prepared or served on the premises, and it shall only be served to overnight guests.
(11)
There shall be no cooking facilities, such as, without limitation, stoves, microwave ovens, toaster ovens, and hot plates, available to overnight guests.
(12)
No goods or merchandise shall be publicly displayed for sale on the premises.
(13)
All patios, terraces, and other outside guest and common areas shall be landscaped and screened from adjacent lots in accordance with § 27-407 of this chapter.
(14)
Trash and garbage storage are to be enclosed and shall be screened from a public street or adjacent property by a solid screen not less than six feet in height that complies with § 27-407 of this chapter.
(15)
The bed-and-breakfast establishment and its related activities shall not create or generate a nuisance to adjacent properties.
M.
Riverfront Infill Development.
[Added by Ord. 1060, 6/11/2014]
(1)
Authorized Uses. The following uses, and only the following uses, are authorized in a riverfront infill development, provided their design, arrangement, landscaping, relationship to adjacent properties and uses, and construction form a compatible and harmonious group of uses, afford reasonable protection to adjacent development, and otherwise meet all requirements set forth in this chapter.
(b)
Commercial and Office Uses:
1)
Retail stores having no more than 5,000 square feet of gross floor area;
2)
Personal service businesses;
3)
Business and professional offices;
4)
Restaurants; and
5)
River-oriented recreation and commercial uses, such as marinas, boat docks, storage and launching facilities, fishing piers or areas, observation areas, restaurants, specialty shops, and similar uses.
(d)
First Floor: The first floor of structures shall be dedicated to food service or retail uses only.
(2)
Area and Bulk Requirements. Riverfront infill developments shall adhere to the following:
(a)
Maximum Density Requirements.
1)
Residential Uses: 10 units per gross acre of land assigned to residential usage.
2)
Nonresidential Uses: 10,000 square feet of gross floor area per acre.
3)
Mixed-Use Structures: 10 units per acre. Nonresidential uses shall count every 1,000 square feet of gross floor area dedicated to nonresidential use as one dwelling unit.
(b)
Maximum lot coverage: 30% for all uses.
N.
Oil and Gas Development.
[Added by Ord. No. 1081, 11/11/2020]
(1)
Conditional Use Application. A person or entity desiring approval of a conditional use application pursuant to this section shall submit a written application in a form to be prescribed by the Borough. Before submitting the application, the applicant is strongly encouraged to meet with the Borough Manager to determine the requirements of and the procedural steps for the application. The intent of this process is for the applicant to obtain necessary information and guidance before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation. The application shall not be considered to be complete and properly filed unless and until all items required by this section, including the application fee, have been received. Such application shall include the following:
(a)
Payment of an application fee in an amount to be determined from time to time by the Council of the Borough of Aspinwall. Said fee shall also include a requirement to deposit escrow funds to be drawn from by the Borough for reimbursement of administrative and engineering and other professional fees associated with review and inspections to ensure compliance with this section. The Borough may adjust the escrow amount from time to time in its reasonable discretion.
(b)
Fourteen paper copies and one electronic copy of the completed application form supplied by the Borough along with supporting documentation as identified in this section.
(c)
Written permission from the property owner(s) who has legal or equitable title in and to the proposed development or facility or demonstrable documentation of the applicant's authority to occupy the property.
(d)
The GIS location and 911 address of any well site.
(e)
Copies of any and all permits and applications submitted to all applicable local, county, state and federal agencies. Permits and plans shall include but not be limited to the Pennsylvania Department of Environmental Protection ("PADEP") Well applications and permit, Erosion and Sediment Control General Permit-2, and all other required erosion and sedimentation, air, water and waste management permits.
(f)
A site plan prepared by a registered professional engineer or surveyor licensed in Pennsylvania shall be provided to establish compliance with all applicable regulations. All drilling and production operations, including derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, temporary housing, ponds and pits, and ancillary equipment on the well site shall be identified. All protected structures within 1,500 feet of the property lines of the well site shall be identified. All roads related to the development or facility must also be shown. A sufficient number of copies of the site plan shall be provided for review and comment by all Borough of Aspinwall emergency service organizations.
(g)
Traffic Study.
1)
A description of plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials and other items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the development or facility. Such description shall include a map showing the planned vehicular access roads and the transportation infrastructure being proposed and the type, weight, number of trucks and delivery schedule necessary to support each phase of the development.
2)
An inventory, analysis and evaluation of existing road conditions on Borough roads along the proposed transportation route identified by the application, including digital photography, video and core boring as determined to be necessary by the Borough Engineer.
(h)
To the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a water withdrawal plan for the development identifying the source of water, how many gallons will be used and withdrawn each day, the origination of the water, proposed truck routes and all permits issued by the Commonwealth of Pennsylvania or any other governmental body. The applicant shall obtain all required easements and rights-of-way for water withdrawal and truck routes prior to the commencement of drilling. If the development is to be supplied by way of waterlines, the locations of all proposed waterlines are to be identified. The site for the treatment and disposal of the water shall also be identified. The use of nonpotable water sources is highly encouraged. The use of injection wells for disposal of fracking fluid is prohibited. The applicant is required to use best management practices.
(i)
To the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall identify the means and availability of the site for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials and other waste products. Improvements for the purpose of storing and/or treating fracking related fluids is prohibited. All such fluids shall be hauled/removed from the Borough for treatment/disposal at an alternate location.
(j)
The applicant shall provide a plan for the transmission of gas from the development. The plan will identify but not be limited to gathering lines, compressors and other mid and downstream facilities located within the Borough and extending 800 feet beyond the Borough boundary.
(k)
The applicant shall provide a sufficient number of copies to the Borough of the preparedness, prevention and contingency ("PPC") plan as defined in the PADEP document, "Guidelines for the Development and Implementation of Environmental Emergency Response Plans," or the most recent applicable guidance document, to be distributed to the Borough Manager, the Fire Chief and any other emergency service providers for the Borough. Prior to any construction activity, the applicant shall meet with Borough safety control individuals designated by the Borough Council to discuss or provide information regarding any proposed emergency responses to the preparedness, prevention and contingency plan.
(l)
Noise Management Plan.
1)
An acoustics study shall be prepared and submitted with the application. The study shall be prepared by an acoustics expert(s) acceptable to the Borough. The study shall identify the existing background level of noise and the anticipated noise impact from the proposed use. The report shall contain measures of existing ambient measurements, estimates of the noise measurements to be anticipated from the type of operations and equipment that are proposed for the use and if there are any significant increases in those noise levels. The report shall also contain specific proposals that are intended to reduce noise levels emanating from the site.
2)
If the acoustics study shows that the operator anticipates that the operations and equipment proposed for use shall result in an average ambient noise level above 70 dBA when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), the application shall be denied.
3)
The study shall be based upon actual sound level measurements and estimates of potential noise impact at the property lines of the site of the proposed use; or the applicant shall submit a statement prepared by a registered professional engineer warranting that the nature of the use will produce no impact on acoustics, in regards to the standards of this section.
4)
The noise level shall be established based on a test performed during a continuous seventy-two-hour time span which shall include at least one twenty-four-hour reading during either a Saturday or Sunday. The testing shall be done by a qualified noise control engineer or other qualified person approved by the Borough and shall be in accordance with specifications ANSI S12.18-1994 Method II and ANSI S1.4-1971, as they may be amended and/or updated. The Borough reserves the right to hire a third-party consultant to witness testing and review the results at the sole expense of the applicant. The sound level meters used shall meet the American National Standard Institute's standard for a Type I sound level meter.
(m)
Environmental Impact Analysis. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an environmental impact analysis. The environmental impact analysis shall describe, identify and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed and approved by the Planning Commission and the Council. The environmental impact study shall include, but not be limited to, all critical impact areas on or off-site that may be impacted by the proposed or ultimate use of the facility, including the impact on the critical areas, the protective measures and procedures to protect the critical areas from damage, and the actions to be taken to minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. Critical impact areas include, but are not limited to, stream corridors; streams; wetlands; slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance.
(n)
Air Quality Study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an air quality study. The study shall be prepared by experts acceptable to the Borough and submitted with the application and shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use.
(o)
Hydrological Study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units, and herewith submitted or where no such permit is required, the applicant shall provide a hydrological study. The study shall be prepared by a hydrogeologist acceptable to the Borough. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas that may be affected by the proposed use, map the groundwater table and analyze and delineate the effects of the proposed use on the hydrology, including surface and ground water quantity and quality. Acceptance of the study is subject to final approval by the Council. If the study shows an alteration to the groundwater, the application shall be denied.
(p)
Pre-Development and Post-Development Soil Testing. Prior to beginning any oil and gas development activities, the operator shall be responsible for testing soil conditions within 300 feet of each well site. The purpose of testing is to determine the baseline soil conditions surrounding the proposed well site and address resultant changes that may occur or have an impact on the soils of the site and surrounding area.
1)
Pre-drilling testing results shall be submitted as part of the conditional use application.
2)
Post-hydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.
3)
The results shall be submitted to the Borough and PA DEP within 10 days of their receipt.
4)
The operator shall be responsible for all costs associated with testing and testing shall be done by an independent state-certified testing laboratory agreed upon by the Borough.
(q)
The applicant shall provide any and all waivers from owners of protected structures.
(r)
Scheduling.
1)
The applicant shall provide a schedule of development phases with the application indicating the anticipated beginning and ending dates for the following activities:
2)
The Borough recognizes that, pending approval of the development, said dates may be dependent upon variables such as weather, availability of equipment, leasing, permitting, production and the like. However, such scheduling shall be updated and provided to the Borough on a periodic basis (no less than monthly) as requested by the Borough.
(s)
Insurance. Applicant shall furnish to the Borough a certificate of liability insurance naming the Borough as an additional insured with respect to operations conducted within the Borough, showing proof of liability insurance covering commercial, personal injury, and general liability in amounts not less than $25,000,000 per occurrence. The applicant shall fully defend, protect, indemnify, and hold harmless the Borough, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any negligent, willful or intentional acts of the Borough, its department, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage and umbrella coverage.
(2)
Indemnification and express negligence provisions. The applicant shall fully defend, protect, indemnify, and hold harmless the Borough, its departments, officials, officers, agents, Engineer, Solicitor, employees and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the Borough, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the acts or omissions of the applicant, its contractors, subcontractors or their respective employees, officers and agents.
(3)
Conditional use approval is nontransferrable without consent from Council and shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of the approval. The conditional use approval may be extended by the Council upon written request by the operator, after notice and hearing. The operator shall provide proof that the requested conditional use permit for such location has not changed and that the operator meets all applicable criteria contained in this subsection.
(4)
General Standards.
(a)
Best management practices shall be followed.
(b)
The uses regulated by this subsection are determined to be land developments and subject to the applicable provisions of the Borough's Subdivision Regulations.
(c)
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. All hazardous materials stored must be clearly marked, identifying the contents, chemicals, and hazards as required by the OSHA Hazard Communication Standard 29 CFR 1910.1200 and National Fire Protection Association ("NFPA") Code 104 - Standard System for the identification of the Hazards of Materials for Emergency Response. All regulated tanks are to be labeled to a NFPA specification.
(d)
Open fracture fluid storage ponds, open pits and reserve pits are prohibited. Closed-loop systems and other related best management practices, including but not limited to the use of netting over fracture fluid ponds, shall be used during the drilling or completion of any well. Permanent improvements for the purpose of storing and/or treating fracking related fluids or any other hazardous material are prohibited. All such fluids and hazardous materials shall be hauled/removed from the Borough for treatment/disposal at an alternate location.
(e)
Fresh water storage ponds are permitted. The use of nonpotable water is strongly encouraged.
(f)
All operations shall be in accordance with applicable Federal laws and regulations, the Pennsylvania Oil and Gas Act (58 P.S. §§ 601.101 et seq.), as amended, and pursuant to all other applicable rules, regulations and procedures adopted pursuant thereto. If the applicant receives a notice of violation from any state or federal agency of any such law or regulation causing a public safety or serious environmental hazard in the Borough, it shall give the Borough notice as soon as practical, but in no event later than 24 hours of the applicant receiving notice.
(g)
The operator shall be responsible for prevention and prompt removal of spills involving waste materials, oil and toxic or hazardous materials.
(h)
Multiple well pad sites on any one oil and gas development shall be prohibited, unless the operator proves to the satisfaction of the Borough that the underlying geology makes using a single well pad impractical.
(i)
Changes in the site plan, including but not limited to any expansion of the ground surface area used and/or devoted towards drilling operations, requires a new conditional use approval pursuant to the terms and conditions of this subsection.
(j)
Except for emergency and governmental compliance activity, hours of operation are limited to Monday through Saturday, 7:00 a.m. to 6:00 p.m. All deliveries and pickups incidental to the oil and gas development or facility must occur during the defined hours of operation.
(k)
At least 30 days prior to any development activity at the development or facility, the operator shall provide the following information to each property owner within 1,000 feet of the planned surface location of the development or facility.
1)
A copy of the site plan submitted as part of the conditional use application;
2)
A general description of the planned operations at the development or facility and associated equipment to be used;
3)
The contact information for the operator; and
4)
The availability of the operator to hold a meeting locally with such residents to present the operator's plans for the development or facility and to allow for questions and answers. The meeting(s) shall be held prior to the commencement of development activity.
(l)
A duly authorized representative of the Borough, trained by the operator or agents of the operator, shall have the authority in relation to the enforcement of this subsection to enter upon the property of a development or facility for the purpose of inspecting the equipment and all other aspects of the site necessary to assure compliance with this subsection. All costs of inspection shall be borne by the applicant.
(m)
The operator of any development or facility shall notify the Borough Manager and Borough Engineer no less than 90 days prior to the startup and abandonment or shutdown of any well site. The applicant shall provide proof of the blanket bond, or other financial security, provided or being held by the PA DEP to ensure proper plugging when the well is classified as inactive by the DEP.
(n)
Wellheads shall be located not less than 1,000 feet from any protected structure and not less than 500 feet from the nearest property line.
(o)
There shall be no bunk houses, employee trailers or any such employee residential type housing of employees on site. However, a temporary on-site outpost, during vertical and horizontal drilling or fracking, for essential personnel not to exceed three individuals to provide twenty-four-hour supervision/security/safety, is permitted, provided that the applicant shall provide the Borough with clearances required by PA Act 153 of 2014 for said employee(s) and/or contractor(s) residing onsite during those activities.
(p)
Applicant shall provide the Borough with a list of contractors and subcontractors who will be accessing the well site. Applicant shall notify such contractors and subcontractors that they will be responsible for and shall remedy any damages they may cause to public or private property within the Borough. In the event the Borough notifies the applicant of a damage claim, applicant will cooperate with the Borough in identifying the potentially responsible contractor or subcontractor.
(q)
All contractors and subcontractors that are retained by applicant should have a favorable total recordable injury rate (TRIR) when compared to industry standards.
(r)
Existing gas infrastructure plan. The applicant shall provide a full capacity build-out plan for the transmission of gas from the development. The plan will include, but not be limited to, identification of gathering lines, compressors and other mid-stream and down-stream facilities located within the Borough and extending 800 feet beyond the Borough boundary.
(s)
Any aboveground gas production equipment (well head, separator, condensate, tanks, etc.) shall be painted an earth tone color to blend in with the surrounding area, as approved by the Borough. The location or placement of all tanks and aboveground storage shall be identified to the Borough. The Borough shall be informed of the contents and capacity of all tanks and aboveground storage.
(t)
Traffic Impact.
1)
Applicant shall provide the Borough with a route plan for the transportation of materials and equipment to construct and operate the proposed pad and facility. The proposed routes must be designed to minimize the impact on streets within the Borough. The Borough reserves the right to designate alternate routes in the event that the applicant's proposed routes are deemed inadequate, unsafe or overly disruptive to normal vehicular traffic by the Borough. Vehicles are to operate on state roads and may only use municipal roads when the use of state roads is not feasible.
2)
Applicant agrees to restrict heavy truck traffic (three or more axles) on a Borough road during those periods of time in which schools serving residents of the Borough schedule morning and afternoon school bus drop-off and pick-up on that road. The applicant shall coordinate truck routes with the school bus schedule so as to minimize interference with transportation of students to and from school. Applicant shall also provide a contact to the school transportation office.
3)
At the discretion of the Borough and on a case-by-case basis, additional police details for the monitoring and directing of traffic routes and traffic controls may be required, at the applicant's expense.
4)
Applicant shall, prior to any construction or activity, improve Borough roads proposed to be used for overweight truck access to the site with such improvements including, but not limited to, widening in certain areas, upgrading base and top coat construction and resurfacing. Any and all said improvements shall be first submitted to the Borough for review and approval, prior to such activity taking place.
5)
Prior to the commencement of any activity at the development or facility, the operator shall enter into a municipal roadway maintenance and repair agreement with the Borough, in a form acceptable to the Borough, regarding maintenance, repair and bonding of municipal roads that are to be used by vehicles for development activities ("road use maintenance agreement"). The road use maintenance agreement shall apply to any and all Borough roads proposed to be used by the applicant to access the site and shall provide the Borough with the applicable financial security for the same. Said agreement and financial security shall continue to remain in place and active so long as applicant or its successor and assigns access the site using overweight vehicles. The applicant shall take all necessary corrective action and measures as directed by the Borough pursuant to the road use maintenance agreement to ensure the roadways are repaired and maintained during and at the conclusion of all development activities. The applicant shall be responsible for all damage to any Borough roadways and rights of way caused by the activity of the applicant and its subcontractors. Said damage shall be determined by the Borough's appointed Engineer. Costs associated with the road inspection shall be the responsibility of the applicant.
6)
The operator shall take the necessary safeguards to ensure that the municipal roads utilized remain free of dirt, mud and debris and chemical and/or radioactive materials resulting from development activities. The operator shall promptly sweep and clean all dirt, mud and debris from municipal roads. The operator shall alert the Borough to any chemical or radioactive material spills and/or contamination of municipal roads and shall take appropriate steps to immediately remediate any risk to the public health. Applicant will provide adequate and obvious truck route signage, including no well traffic on unpermitted roads signage, where necessary, to ensure the approved truck routes are utilized. Additionally, applicant shall notify all subcontractors, suppliers, and vendors of the approved truck route.
7)
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 allowed, during periods of anticipated heavy or frequent truck traffic associated with the development of the facility, 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.
8)
Applicant shall continue to review the efficiency and safety of all traffic plans and routes and will meet with Borough representatives, including Borough police, to address issues regarding said plan or route, including traffic flow and safety, at applicant's expense.
9)
There will be no staging of trucks or equipment on local roads. All staging on the well access road shall not exceed the staging area provided in the subject application. Additionally, the applicant shall comply with the idling limitations contained in the Pennsylvania Diesel-Powered Motor Vehicle Idling Act, Act 124 of 2008.[1]
[1]
Editor's Note: See 35 P.S. § 4601 et seq.
10)
Applicant shall inform its operators and subcontractors that Jake brake® usage on trucks is to be restricted. Upon request by the Borough, the applicant shall place signs along designated transportation routes advising of this restriction. Additionally, applicant shall notify all subcontractors, suppliers and vendors of the Jake brake® restrictions.
11)
A traffic control plan in conformance with PennDOT standards shall be provided.
12)
Applicant shall ensure that all Borough personnel shall have constant and uninterrupted access to the Borough Public Works facility located in the AI-1 District.
13)
Applicant is prohibited from accessing the development via the Allegheny River and is prohibited transporting equipment, byproducts or fluids to and from the development by boat, barge, or any means requiring water access.
14)
Applicant is prohibited from accessing the development by train and is prohibited from transporting equipment, byproducts or fluids to and from the development by any means requiring rail access.
(u)
Visual.
1)
The oil and gas development or facility 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. Where trees are removed, the operator shall replace or reforest the area, with the notification and approval of the Borough.
2)
The operator shall not clear brush or trees by way of burning and shall chip, grind or remove all tree stumps from properties it clears for development purposes.
3)
The location and design of structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area.
(v)
Lighting. No well site lighting used for or associated with well site construction, drilling operations or post-drilling production shall be positioned in a manner such that it shines directly on public roads, protected structures, or any property within 1,000 feet of the well site. Well site lighting must be directed downward and shielded to prevent glare on public roads and adjacent properties.
(w)
Air and Water Quality.
1)
Air-contaminant emissions shall be in compliance with all municipal, county, state and federal regulations, including, without limitation, the provisions of the Borough of Aspinwall Code of Ordinances, as amended, and all applicable regulations for smoke, ash, dust, fumes, gases, odors and vapors.
2)
The operator shall take the necessary safeguards to ensure appropriate dust-control measures are in place to prevent visible plumes of dust from crossing the property line or adversely impacting neighboring properties.
3)
Applicant shall conduct appropriate water analysis and comply with all state law requirements, including the necessary notification and testing of all potable water sources in accordance with Chapter 32 of the Oil and Gas Act, as amended. Sixty days prior to drilling, the operator shall notify all surface landowners and water purveyors whose water supplies are within 1,000 feet of the proposed well location or, in the case of an unconventional well, within 3,000 feet of the proposed unconventional vertical well bore, of the operator's intentions to drill. The operator shall provide proof of notice to the Borough. Applicant shall address complaints and/or questions from affected residents concerning the results of the water testing, including retesting and additional testing if necessary and reasonable.
4)
All condensate tanks, compressor stations, processing plants and other production facilities shall be equipped with vapor recovery and/or vapor destruction units.
5)
There shall be no activities associated with the proposed use that will result in malodorous gas or matter discernible at any point on or beyond the property line(s).
6)
Applicant shall utilize best practices to maintain the quality of the adjacent Allegheny River.
(x)
Noise, Vibrations, and Electrical Disturbances.
1)
The Borough recognizes and acknowledges that oil and gas development is accompanied by inherent noise. A noise management plan shall be provided with the conditional use application, as detailed in Subsection N(1)(l) above. In addition, the operator shall take the following steps to minimize, to the extent practicable, the noise resulting from the development:
a)
Prior to drilling of an oil and gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure or, alternatively, and in lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this section, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
b)
The operator shall provide documentation of any established, seventy-two-hour evaluation relied upon to establish an ambient noise level greater than 55 dBA to the Borough's Zoning Officer within three business days of such a request from the Zoning Officer.
c)
The noise generated during construction, drilling and hydraulic fracturing activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation) or default level, whichever is higher:
(i)
During drilling activities by more than seven decibels during the hours of 7:00 a.m. to 6:00 p.m.
(ii)
During drilling activities by more than five decibels during the hours of 6:00 p.m. to 7:00 a.m.; or
(iii)
By more than 10 decibels during construction, hydraulic fracturing operations.
The operator shall inform the Borough of which level (average ambient noise level or default level) is being used.
d)
Adjustments to the foregoing noise limits may be permitted in accordance with the following:
Permitted Increase (dBA) | Duration of Increase (minutes)* |
|---|---|
5 | 15 |
10 | 5 |
15 | 1 |
20 | 1 |
* | Cumulative minutes during any one hour. |
e)
If a complaint is received by the Borough from any person, whether a resident or otherwise using the protected structure as defined herein for any lawful purpose, regarding noise generated during construction, drilling or hydraulic fracturing activities, the operator shall, within 24 hours of receipt of the complaint from the Borough, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:
f)
If the operator engages in any noise testing as required by this section, it will provide preliminary data to the Borough no later than 10 business days following completion of the noise testing. Once the monitoring is complete, operator will meet with Borough representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded.
g)
Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer's specifications.
h)
All workover operations shall be restricted to the hours of 7:00 a.m. to 6:00 p.m., except in the extent of an emergency, as reasonably determined by the operator. "Workover operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.
i)
The noise restrictions contained in this subsection shall also apply to natural gas compressor stations and natural gas processing plants.
2)
There shall be no physical vibrations associated with the proposed operations detectible without instruments on any lot lines shared with adjacent properties.
3)
There shall be no activities associated with the proposed use that will emit electrical disturbances adversely affecting the operation of radio or other equipment not located at the subject property.
(y)
Hazards.
1)
The operator shall, prior to drilling its first gas well in the Borough, make available with at least 30 days' notice, at the applicant's sole cost and expense, an appropriate group training program for emergency responders and the Borough Code Enforcement Office. Such training shall be made available at least annually during any year that drilling activities take place at the oil and gas development or facility. Training should cover each phase of the development from site work to well completion. The Borough shall require a minimum of four hours of annual training, with additional hours added at the recommendation of the Fire Chief. If additional wells are drilled at the site, the operator, Borough Manager, and emergency responders will determine if additional training is required.
2)
The applicant shall maintain at the property and on file with the municipality a current list and the material safety data sheets ("MSDS") for all chemicals used in the drilling operations (including, but not limited to types of additives, acids, polymers, salts, surfactants and solvents) and in any fracturing operations.
3)
The Borough's first responders shall be given means to access the well site in case of an emergency via lock box or a Borough-approved equivalent. The applicant must provide the Allegheny County 911 Communications Center with necessary information to access the development or facility in case of an emergency.
4)
Warning signs shall be placed on the fencing surrounding the development or facility, providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the well site.
5)
The applicant shall provide the Borough with contact information which will allow representatives of the applicant to be contacted 24 hours a day, seven days a week to address an emergency as well as other issues and complaints.
6)
At least 30 days prior to drilling an oil and gas well or multiple oil and gas wells at a location, the operator shall provide the following information to each resident located in the area over which any horizontal drilling may occur, but in no event less than 3,000 feet:
a)
A copy of the well survey plat showing the location(s) of the planned well(s);
b)
A general description of the planned operations at the planned well(s) and associated equipment used in the development of the well(s);
c)
"Response center" contact information for the operator, which will allow representatives of the applicant to be contacted 24 hours a day, seven days a week to address an emergency as well as other issues and complaints. The "response center" contact information shall also be clearly posted at the entrance to the site and on signs along the truck routes to the site. If a reasonable complaint is registered with the Town, the applicant will respond to said complaint within 24 hours of notification and take whatever reasonable means necessary to alleviate and cure said complaint, should it be found to be with merit; and
d)
The availability of the operator to hold a meeting with such residents to present operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.
7)
If a reasonable complaint is registered with the Borough, the applicant will respond to said complaint within 24 hours of notification and take whatever reasonable means necessary to alleviate and cure said complaint, should it be found to have merit.
(z)
Access.
1)
Beginning with its intersection with a public street, any ingress or egress point for the development or facility shall be paved for the first 50 feet and improved with limestone or other material for the next 100 feet in a manner that no water, sediment, or debris will be carried onto any public street. If any amount of mud, dirt or other debris is carried onto public or private rights-of-way from the well site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Borough to keep the streets continuously clean.
a)
The first 50 feet from the existing edge of pavement extending into the site shall consist of the following material:
(i)
Compacted subgrade.
(ii)
PennDOT Class 4 geotextile fabric.
(iii)
Eight inches of AASHTO No. 1 crushed aggregate base course.
(iv)
Two inches of PennDOT 2A aggregate.
(v)
Six inches of Superpave 25 millimeter base course.
(vi)
Two inches of Superpave 19 millimeter binder course.
(vii)
Two inches of Superpave 9.5 millimeter wearing course.
2)
Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to:
a)
Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2.
b)
Ensure adequate capacity for existing and projected traffic volume.
c)
Provide efficient movement of traffic, including appropriate turning radii and transition grades.
d)
Minimize hazards to highway users and adjacent property and human activity.
4)
The applicant, during drilling operations and completion operations, shall provide twenty-four-hour security, seven days a week at the access road. All other times the applicant shall secure the site as necessary.
(aa)
Geophysical Exploration.
1)
For any areas of the Borough where the applicant intends to conduct seismic testing, a licensed geologist must provide a report regarding the potential of the land to subside due to the proposed operations. This report must detail the amount of risk of seismic activity because of existing subsurface conditions and with the introduction of drilling and fracking.
2)
The applicant shall post a bond or other security in a form to be approved by the Borough in the amount of $1,000,000 to cover the cost of any damages as a result of seismic testing.
3)
Borough residents located within 500 feet of said testing must be notified 48 hours in advance of the seismic testing.
(bb)
Storage of Equipment.
1)
No equipment, including drilling, re-drilling, re-working or other portable equipment, shall be stored on the development or facility which is not essential to the everyday operation of the development or facility. This includes the removal of idle equipment unnecessary for the operation of wells.
2)
Lumber, pipes, tubing and casing shall not be left on the development or facility except when drilling or well-servicing operations are being conducted on the site.
3)
It shall be illegal to park or store any vehicle or item of machinery on any Borough street, right-of-way or in any driveway, alley or on the development or facility 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 development or facility or for the gathering or transporting of hydrocarbon substances from the site.
(cc)
Fencing, Screening and Buffering.
1)
Security fencing consisting of a permanent galvanized chain-link fence, a minimum of eight feet in height, topped with either razor or barbed wire shall be installed prior to the commencement of any activity at every well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the well site.
2)
Security fencing shall be equipped with lockable gates at every access point, and having openings no less than 12 feet wide. Gates shall be kept locked except when being used for access to the site. Additional lockable gates used to access the well site, freshwater ponds or open pits by foot may be allowed, as necessary. The fence posts shall be set in concrete at sufficient depths to maintain the stability of the fence.
3)
In construction of the oil and gas development or facility, the natural surroundings shall be considered and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible.
4)
All oil and gas developments and facilities shall have a minimum front, side and rear yard setback of a minimum of 200 feet from the pad.
5)
Any development which abuts a residential use shall provide a ten-foot buffer strip along the affected boundary line(s). All plants shall be selected from species that are hardy in the area and shall be of sound nursery stock. The applicant will have two options for the buffer strip:
a)
Type I Buffer. To consist of a double row of native evergreen conifers and/or American holly planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of six feet in height at the time of planting. Trees which die shall be promptly replaced.
b)
Type II Buffer. A Type II buffer shall consist of a single row of any species of coniferous tree, shrub or plant that will block a line of sight from the level of existing grade to at least six feet in height at time of planting.
6)
In addition to screening, the applicant shall submit a general landscaping plan that incorporates existing, and if necessary, new vegetation where practical and in accordance with applicable permit and regulatory requirements, to provide a buffer in connection with any permanent facilities at the well site, including foundation planting around structures. Any landscaping strip along a Borough right-of-way shall be composed of plantings that will not impact views for vehicles entering or leaving the premises.
(dd)
Structure Height. Permanent structures of the oil and gas developments and facilities (both principal and accessory) shall comply with the height regulations of the applicable zoning district.
(ee)
Oil and Gas Development Facilities.
1)
The following requirements shall apply to oil and gas development facilities which employ the use of compressors, motors or engines as part of the operations and/or produce air-contaminant emissions or offensive odors, subsurface facilities, including horizontal drilling facilities, gathering system facilities and production facilities.
a)
All noise-generating equipment and processes shall be contained within a completely enclosed building, and windows and doors shall remain closed during operations.
b)
Adequate public utilities shall be available to meet the demands of the facility.
c)
The front, rear and side yard requirements shall be a minimum of 200 feet.
2)
The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent streets and properties.
3)
The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Borough of Aspinwall Code of Ordinances, the PADEP and the United States Environmental Protection Agency.
4)
Secondary containment shall be provided at sites utilizing liquid separators.
5)
Compressors and other power-driven equipment shall use sparkless electrical motors, as an alternative to internal combustion motors.
6)
If an internal combustion engine is used, it shall not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise to less than 60 dBA and eliminate disruptive vibrations and the ignition of carbon or soot. All such equipment shall be maintained in good operating condition according to manufacturer's specifications.
7)
A security fence, as specified in Subsection 1N(4)(cc), Fencing, screening and buffering, of this subsection, shall be set back at least 10 feet from the property line and 20 feet from a public right-of-way.
8)
Any and all gathering system facilities located at the well site shall obtain all local, state or federal approvals and evidence of the same shall be provided to the Borough.