Five copies of a conditional use site plan; an assessment of the impact of the proposed development on the natural environment (geology, topography, soils, hydrology, vegetation, wildlife, air quality) and cultural environment (lot use, utilities, population, economics, services, historic assets); and a landscaping plan.

Consistent with the spirit, purposes and the intent of this chapter.

In the best interest of Oakmont, the convenience of the community, the public welfare and be a substantial improvement to the property in the immediate vicinity.

Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.

In conformance with all applicable requirements of this chapter, including but not limited to all of the provisions of Articles III and X and all Oakmont ordinances.

Veterinary services.

Automobile sales, rental, service and repair shops.

Beauty shops and barbershops containing more than one chair.

Hospitals, nursing homes, group living facilities.

Kennels and keeping of other domestic pets of similar or greater quantities.

Funeral homes.

Private clubs.

Private instruction to more than three students at a time.

Restaurants.

Keeping/boarding of horses for commercial enterprise.

All of the foregoing standards for a home occupation are met.

An adequate area for outdoor recreation shall be provided and shall be secured by a fence with a self-latching gate.

A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.

Any approved home occupation which requires any type of public access to the dwelling must obtain all required approvals from the Pennsylvania Department of Labor and Industry.

Normal hours of operation shall be a maximum of 7:00 a.m. to 9:00 p.m. for customer/client traffic.

Gross density. The maximum number of mobile home lots within each mobile home park shall be not more than eight lots per acre of the total area of the mobile home park.

Minimum lot size. The minimum mobile home lot size shall be not less than 5,000 square feet of area. The minimum width of any mobile home lot shall be not less than 50 feet. The minimum length of each mobile home lot shall not be less than 100 feet.

Mobile home lot access. All mobile homes shall abut on a street of the mobile home park's internal street system.

Setbacks, buffer strips and screening requirements.

Recreation and open space requirements. A minimum of 10% of the gross area of the mobile home park shall be provided for recreational space. This recreational space shall be suitable for varied outdoor recreational uses. The applicant will present assurances related to the responsibilities for landownership, the construction and/or purchase of facilities or other features, and the perpetual maintenance of the above.

Parking space requirements. A minimum of 1.5 off-street parking spaces per each mobile home lot within the development shall be provided within 200 feet of the mobile home lot to be served.

Mobile home park internal street system requirements. The street system within a mobile home park shall be designed and constructed according to required standards of local streets defined by the Oakmont Subdivision and Land Development Ordinance.[1]

Mobile home lot improvements.

An additional ten-foot buffer yard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential lots:

One tree 2 1/2 inches cal. per 15 display spaces shall be planted on the lot.

A decorative landscaped strip shall be located immediately adjoining the supporting structure of any signage in all directions.

A hedge or other desirable planting of at least two feet in height shall extend the entire length and breadth of the required landscaped strip.

A decorative landscaped strip shall be located immediately adjoining the supporting structure of the billboard sign and extending a minimum of five feet from the billboard in all directions.

A hedge or other durable planting of at least two feet in height shall extend the entire length and breadth of the required landscaped strip.

The rear side of a single-faced billboard sign shall be of one color and screened by existing or natural landscaping material or by an evergreen planting at least six feet tall and extending the length of the billboard.

Two flowering trees a minimum of six feet in height shall be planted within the required landscaping strip.

No drive-through window, customer automated teller machine (ATM), or the like shall be located in a front yard.

The drive-through shall have direct access to a public right-of-way.

A minimum of three stacking spaces shall be provided for each drive-through lane.

Stacking shall not interfere with the normal traffic flow within the lot nor shall it cause the stopping of vehicles on any public right-of way.

Conversion of existing, operational, abandoned or otherwise, oil and gas wells for injection wells shall be subject to the conditional use application and approvals for unconventional oil and gas wells adopted by this section.

Reworking or redevelopment of existing, operational, abandoned or otherwise, conventional oil or gas wells to utilize HVHF or horizontal drilling shall be subject to conditional use application and approval for unconventional gas wells and shall be treated as unconventional gas wells by this section.

Minimum setback distances of well from protected structures:

Minimum setback distances of well from any lot or parcel of ground located in an R-1, R-2 or R-3 District, regardless of whether it contains a protected structure, a school, residence, nursing home, day-care home, day-care center, nursery school/preschool, or wetland:

Minimum setback distances from any existing water well, surface water intake, reservoir or other water supply extraction point used by the Oakmont Water Authority or other owner or operator of a "water purveyor" as defined in Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, Section 3203:[1]

Minimum setbacks of well site from the Allegheny River and Plum Creek:

Evidence of ownership and/or legal authority to occupy and utilize the surface property for oil and gas well development;

A proposed site development plan as described more fully herein;

A plan describing the route and method for other truck traffic as described more fully herein;

A lighting plan, demonstrating maximum feasible reduction of glare onto adjacent properties, that meets or exceeds Borough adopted performance standards relative to lighting and glare;

A plan for fresh water usage and impoundment as well as wastewater impoundment and disposal, identifying the source and amount of water to be used at or withdrawn from the well site, the proposed method of transport, treatment and/or disposal of wastewater, including truck routes or pipeline routes, and the destination of any water to be tested or disposed of;

A timetable for commencing and ending site preparation, drilling, hydraulic fracturing activities, oil and gas production, site restoration and well plugging;

A ten-year master plan for oil and gas development in Oakmont Borough and adjacent communities within a twenty-air-mile radius. Such ten-year master plan shall describe and plot all well-pads, transmission lines, compression stations, processing plants, storage facilities, transportation facilities and other related infrastructure built, planned and anticipated by applicant or related third parties of applicant and intended to serve the oil and gas well that is the subject of the application;

Plans for grading, revegetation, landscaping, buffer areas, stormwater control and other restoration activities at well site that meets or exceeds Borough adopted performance standards relative to each;

An environmental impact statement to be performed by a Borough-approved third party and paid for by the applicant, which shall include the following:

A copy of any permit and/or permit application issued by or submitted to the Pennsylvania Department of Environmental Protection ("DEP") in connection with the oil and gas well development on the property;

Copies of any other permit and/or permit application required by law for operation of the property for oil and gas well development on the property;

A plan identifying the means for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials and other waste products and providing for Borough access to any waste manifest for emergency management, police and firesafety purposes;

An odor control plan which shall demonstrate technology and controls that shall be provided to eliminate odors if perceptible on nearby occupied properties during the drilling and fracturing process;

Reports from a qualified environmental engineer attesting that the proposed location and operation will not negatively impact the Borough residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow. These reports will be evaluated consistent with Subsection W;

Such other information pertinent to the proposed oil and gas well as may be requested by the Borough Engineer or Zoning Officer;

Copy of all annual Security and Exchange Commission (SEC) Form 10-K filings for the last three years relating to applicant and contracted or related partners for oil and gas well development of the property.

The applicant shall show the proposed routes of all trucks to be utilized for hauling to and from the oil and gas well site and the estimated weights of those trucks. Proposed routes shall 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 Engineer.

The applicant shall show evidence of compliance with designated weight limits on Borough streets, unless a bond and an excess maintenance agreement to assure road damage repair is provided, and shall design the hauling routes to minimize the use of an impact upon Borough streets wherever feasible.

The applicant shall also show evidence satisfactory to the Borough Engineer that intersections along proposed hauling routes provide a sufficient turning radius for trucks to be utilized for hauling, such that all turns can be safely made without damage to vehicles, sidewalks or curbs.

The applicant or oil gas operator shall post a bond or other financial security in favor of the Borough and in a form acceptable to the Borough prior to beginning operations to guarantee maintenance and repair during construction/drilling/fracturing and post-operation restoration of Borough streets which may be determined in the reasonable opinion of the Borough Engineer to be damaged as a result of traffic generated by oil and gas well use generated traffic. In addition, if the Borough Engineer concludes that Gas and Oil Well generated traffic will cause substantial damage to a Borough road, then the applicant must, before operations begin, enter into an agreement with the Borough undertaking the responsibility to repair the road to the extent determined in the reasonable discretion of the Borough Engineer, which agreement may provide for bond to be posted in excess of otherwise applicable PennDOT limits when the Borough Engineer has reasonably estimated that the cost of repair will exceed the PennDOT limits.

In addition, should the Borough Engineer reasonably determine that preventive measures, such as shoring of bridges or putting protective mats over utility lines, should be taken to prevent damage to Borough roads, bridges or utilities, then the applicant shall install such protective measures as directed by the Borough Engineer, prior to beginning operations.

The oil/gas operator shall take all necessary steps to ensure that public roads remain free of dirt, mud or debris resulting from Gas and Oil Well traffic or activities, including road sweeping and tire/wheel well/undercarraige washing if needed.

Where traffic generated by the oil and gas well is heavy in the proximity of school bus stops or well-traveled pedestrian crossing areas, the oil/gas operator will provide flagperson to ensure the safety of children waiting for or leaving school buses. The oil/gas operator shall not schedule or permit truck traffic to or from the well site during those times regularly scheduled by the school district for school bus transport of children.

Applicant shall be responsible for all studies, professional fees and costs associated with the establishment of any excess road maintenance agreements and weight restriction postings and signage.

Prior to drilling of an oil and gas well, the oil/gas 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 oil/gas 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 Standards Institute standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

The oil/gas 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.

Noise limits.

The oil/gas operator shall provide for ongoing regular noise level monitoring at a station to be located at or near 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. The noise monitoring data acquired at this station shall be made available to the Borough upon request.

Adjustments to the foregoing noise limits may be permitted in accordance with the following:

If a complaint is received by the Borough from any owner or occupant of a protected structure for any lawful purpose, within 2,000 feet from the wellhead or equipment generating noise during gas and/or oil well production, drilling or hydraulic fracturing activities, the oil/gas 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 the complainant's building of:

Once the monitoring is complete, oil/gas operator will provide the monitoring data to the Borough within two business days and will meet with Borough representatives and affected property owners and will within one week of the meeting submit a noise abatement plan to effectively mitigate any noise exceeding the permitted levels. In determining the noise mitigation measures to be employed, the Borough may, at the expense of the oil/gas operator, utilize the services of a consultant with expertise in noise measurement, noise abatement and gas and oil well drilling and operation.

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.

All workover operations shall be restricted to the hours of 6:00 a.m. to 9:00 p.m., except as necessary, as reasonably determined by the oil/gas 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.

In cases where noise has exceed permitted levels and it is economically feasible for gas and oil well drilling rigs to be outfitted with acoustic barrier insulation blankets, such barriers shall be installed in accordance with best management practices in the industry; provided, however, that no such acoustic barrier shall be required where its use would be contrary to a preempted applicable state or federal regulation, or where its use would create a safety hazard in the opinion of the Borough Engineer or of any regulatory agency with jurisdiction.

The oil/gas operator shall provide appropriate maps, material data safety sheets, and emergency plan documents to such chief officers and to the Borough Manager, including a copy of a current preparedness, prevention and contingency plan ("PPC") as defined by the Pennsylvania Department of Environmental Protection. This information shall be kept up to date at all times.

The oil/gas operator shall provide 24/7 emergency contact information, including a supervisor's name and a toll-free phone number, to all Borough emergency service providers and to the Borough Manager, as well as on signage at the well site. A list of contact information for all subcontractors associated with the operations shall be provided to the Borough Manager along with verification that the subcontractors and the named supervisor are aware of and understand this section.

Install both temporary safety and security fencing at least six feet high around water impoundments, drilling, fracturing and hydraulic equipment and install permanent fall protection fencing meeting OSHA requirements around any permanent pit for impoundment of liquid at a depth greater than two feet. Security glass shall be provided to the Chief of Police for review;

Install warning signs at the well site; and

Provide at least one on-site security guard 24/7 when a drilling rig or hydraulic fracturing equipment is on the well site.

Title block giving name of development, property owner, developer, North point, key location map, registration stamp, date and scale on a standard sheet size of 24 inches high by 36 inches wide with index;

Property lines, zoning ordinance district boundary lines and total acreage of parcel proposed for development;

All existing streets, rights-of-way, and easements related to the development and any acreage leased in connection with the proposed well;

Owners of adjacent properties, including the location of any existing structures and driveway locations;

The location of relevant natural features on site, including, but not limited to, streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees;

The location of relevant natural features abutting properties within 300 feet, including, but not limited to, streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees;

The setback of any proposed well bore, well site and any disturbed area associated with the well site, from the following located within 1,000 feet of the well site:

The location of all gas and oil well structures, facilities, equipment or buildings, existing or proposed within 2,000 feet of the well site;

The location of existing structures, buildings and accessory uses on site;

The location of vehicle and equipment cleaning and tire cleaning areas and a description of the proposed program for removing mud and other well site generated debris from public streets;

The location of proposed access roads;

The location of stormwater and sediment controls or any fresh water and wastewater impoundment facilities;

The location, depth and profile of any proposed pipelines for water, gas, oil or other substance;

The location, depth and profile of any existing or proposed transmission lines within 1,000 feet of the well site.

Minimum setback from protected structures: 750 feet;

Minimum setback from any lot in the R-1, R-2 or R-3 Zoning Districts: 500 feet.

Prior to operation of a compressor station or processing plant, the oil/gas 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 oil/gas 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 Standards Institute standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

The oil/gas 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.

Noise limits.

The oil/gas operator shall provide for ongoing regular noise level monitoring at a station to be located at or near 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. The noise monitoring data acquired at this station shall be made available to the Borough upon request.

Adjustments to the foregoing noise limits may be permitted in accordance with the following:

If a complaint is received by the Borough from any owner or occupant of a protected structure for any lawful purpose, within 2,000 feet from the equipment generating noise during gas and/or oil well production, compressing or processing activities, the oil/gas 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 the complainant's building of:

Once the monitoring is complete, oil/gas operator will provide the monitoring data to the Borough within two business days and will meet with Borough representatives and affected property owners and will within one week of the meeting submit a noise abatement plan to effectively mitigate any noise exceeding the permitted levels. In determining the noise mitigation measures to be employed, the Borough may, at the expense of the oil/gas operator, utilize the services of a consultant with expertise in noise measurement, noise abatement and gas and oil equipment operation.

Exhaust from any internal combustion engine or compressor used in connection with the compressor station or processing plant operation 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.

In cases where noise has exceed permitted levels and it is economically feasible for gas and oil compressor station or processing plant equipment to be outfitted with acoustic barrier insulation blankets or other barriers, such barriers shall be installed in accordance with best management practices in the industry; provided, however, that no such acoustic barrier shall be required where its use would be contrary to a preempted applicable state or federal regulation, or where its use would create a safety hazard in the opinion of the Borough Engineer or of any regulatory agency with jurisdiction.

The performance standards at Article XI shall all be met, except where otherwise provided in § 205-443; including § 205-1105 and the Ordinance No. O42-2010, as may be amended. It shall be a condition of approval that the Borough may, before or after the operation commences, require acoustical blankets, sound walls, mufflers or alternative methods to mitigate noise impact on residentially zoned property. The Borough may retain a noise expert to assist in achieving such noise mitigation, the cost of which shall be paid by the applicant or oil/gas operator.

Compressor station: minimum of five spaces for visitors and maintenance vehicles.

Natural gas processing plant: One space for each employee on a peak shift plus a minimum of five spaces designated for visitors.

All lighting shall be indirect, hooded and positioned so as not to reflect onto adjoining property or public streets.

Lighting fixtures may be installed in each individual storage space, provided that the fixtures shall not include or be adaptable to provide electrical service outlets.

An additional ten-foot buffer yard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential lots:

No modification will be granted for any construction, development, use or activity within any Riverfront Overlay District that would cause any increase in the one-hundred-year flood elevation.

Whenever a modification is granted to construct a structure below the one-hundred-year flood elevation, the Borough shall notify the applicant, in writing, that:

The number/density of residents/employees.

The floor area of the building, gross area of the lot and/or scale of development devoted to the proposed use.

The type of products, materials, equipment and/or processes involved in the proposed use.

The magnitude of walk-in trade.

The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of this chapter.

The hours of operation.

The extent of pervious and impervious surfaces in relationship to that currently present on adjacent lots and the overall block in which development, infill, reuse and/or redevelopment is proposed.