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.

Electrical Disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.

Noise.

Vibrations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The business may not involve any illegal activity.

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

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

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

Design and Density.

Yard Setbacks and Structure Height.

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

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

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

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

Private residential swimming pool.

Civil defense shelter for not more than two families.

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

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

Signs where permitted by this chapter.

No-impact home-based businesses.

Dog houses.

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

Dumpsters.

Recycling containers for multi-family and nonresidential developments.

Little free library.

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

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

Residential Districts.

Business and Special Districts.

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.

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

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

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

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

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

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:

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

A traffic study shall be submitted by the applicant demonstrating that the existing and/or proposed road systems can accommodate increased traffic from the proposed use. Such study shall be prepared in accordance with Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development," as amended.

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

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

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

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

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

Dance floors shall be prohibited.

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

Billiard and pool tables shall be prohibited.

Video and mechanical amusement games shall be prohibited.

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

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

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

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

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

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

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

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

The business may not involve any illegal activity.

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

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

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:

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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notwithstanding the height limitations of the zoning district:

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

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

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

Building-Mounted Systems.

Ground-Mounted Systems.

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

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

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

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

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

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:

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

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

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

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

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

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

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

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

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

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

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

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

Little free libraries shall not:

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

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

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

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

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

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

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

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.

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

Information on the status of road bonding;

The operator's erosion and sedimentation plan;

The well survey plat; and

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

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

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

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

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

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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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

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

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

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

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:

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

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

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:

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

Glare from gas flaring shall be considered illumination.

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

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

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

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

Reclamation shall comply with the approved landscape plan.

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

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

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

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

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

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

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

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

Automobile liability insurance meeting the following requirements:

General Requirements Regarding Insurance.

Contractor and Subcontractor Insurance.

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.