Township of Pine, PA
Allegheny County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 84-94 Purpose.

The requirements applying to all districts regulate activities, uses, structures, conditions and treatments that may be present on a property whether or not a principal building or use is present. These requirements contribute to and promote the health, safety, comforts, conveniences, and/or necessities of the property's occupants, the immediate neighborhood and/or the entire Pine community.
A. 
Minimum requirements. In addition to other requirements outlined in this chapter, all permitted uses, permitted uses subject to land development review, and conditional uses and structures thereon, shall comply with the following minimum requirements. All uses and structures shall:
(1) 
Be carried on only in buildings and structures in such a manner so as not to create a fire hazard.
(2) 
Comply with the Pennsylvania Uniform Construction Code most recent standards.
(3) 
Be conducted wholly within an enclosed building, except where specifically exempt in this chapter or as expressly permitted by action from the governing body.
(4) 
Adhere to the design standards and requirements for all districts specified in this chapter as they relate to, but not limited to, building and site design, noise limitations, vibration, odors, erosion, water pollution, steep slope controls, restoration of sites after clearing and construction, vegetation preservation and buffer yards and landscape plan.
(5) 
Be accessible to disabled persons in accordance with the Americans with Disabilities Act; and
(6) 
Maintain adequate parking and provide for disabled persons in accordance with the Americans with Disabilities Act.
(7) 
Maintain buffer yards and landscaping as required in this chapter.
(8) 
Maintain the lighting standards as required in this chapter.
(9) 
Maintain and limit signs as required in this chapter.
(10) 
No building shall contain any provision for incineration of garbage or rubbish by any method whatsoever.
B. 
Design purpose. The following regulations are established to, through the review and regulation of design characteristics, preserve and promote the unique character of the Township of Pine. Buildings, structures, sites, signs, and public spaces in the Township of Pine shall be designed to:
(1) 
Retain, reflect, and enhance the dominant aesthetic or visual qualities of the neighborhood.
(2) 
Appropriately relate proposed development to existing designs, styles, building forms, and land uses.
(3) 
Encourage and promote the sensitive and contextual design through the use of design elements, details, styles and architectural features as well as other amenities, materials or treatments that may be appropriate to further the design standards.
(4) 
Encourage a pedestrian-oriented and human-scaled right-of-way, public realm, and streetscape and promote safe pedestrian movement, access, and circulation.
(5) 
Define access from streets, sidewalks, and public rights-of-way, and specify a minimum of two vehicular entrances/exits from developments which contain 50 or more residential units; provided, however, that the Township's Board of Supervisors may, in appropriate circumstances, waive, modify, or specify an alternative to the aforementioned minimum vehicular entrances/exits.
[Amended 11-16-2009 by Ord. No. 352]
(6) 
Protect, respect and expand the design of green space, landscaping and open space within the neighborhood and encourage development that enhances this character with landscape design details such as trees, lawns, plantings, fountains, and malls.
(7) 
Encourage and promote direct visual access to views and vistas within Pine.
C. 
Determination of compliance with requirements.
(1) 
During the review of an application for zoning approval, the applicant shall be required to submit data and evidence documenting that the proposed activity, facility, or use will comply with the provisions of this section.
(2) 
In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues, and the Township may seek advice from a qualified technical expert.
(3) 
All costs of the expert's review and report shall be paid by the applicant.
D. 
Continuing enforcement.
(1) 
The Zoning Officer shall investigate any purported violation of these requirements and, subject to the approval of the Board of Supervisors, may employ qualified technical experts to assist in the determination of a violation.
(2) 
Costs of the services of such experts shall be paid by the owner or operator of the facility accused of the violation if the facility or use is found to be in violation.
(a) 
If the facility or use is found to be in compliance with this article, said costs shall be borne by the Township.
(b) 
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 84-150 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.

§ 84-95 Air-conditioning systems/mechanical equipment.

A. 
In all districts, air-conditioning units shall be at least 15 feet from any lot line.
B. 
All building mechanical systems such as air-conditioning units, exhaust systems, satellite dishes, fire escapes, elevator housings, and other similar elements shall be integrated into the overall design and character of the building.
C. 
Screening.
(1) 
Mechanical equipment shall be fully screened from public streets, paths, private streets, and abutting lots.
(2) 
Ground-mounted mechanical equipment shall be screened from public streets and abutting lots to a height sufficient to screen the equipment. When solid screening is used, the materials shall be compatible with the building materials.
(3) 
All roof-mounted mechanical equipment shall be screened from view or isolated so as not to be visible from any public right-of-way, measured from a point five feet above grade.
(4) 
Roof screens, when used, shall be coordinated with the building to maintain a unified appearance.

§ 84-96 Building context and compatibility.

A. 
Nonresidential. New nonresidential development shall be constructed to be generally compatible with buildings on the same block frontage within 500 feet. This provision shall be satisfied by constructing the subject structure so that at least three of the following features are similar to the majority of other structures within 500 feet on the block frontage on both sides of the street:
(1) 
Building height;
(2) 
Roof style/overhang;
(3) 
Building massing;
(4) 
Window coverage;
(5) 
Exterior building material; or
(6) 
Pattern of window and door openings.
B. 
Residential. New infill attached single-family dwellings shall be constructed to be generally compatible with other existing dwelling units on the same block frontage. This provision shall be satisfied by constructing the subject dwelling unit so that at least three of the following features are similar to the majority of other dwelling units within 200 feet on the block frontage (both sides of the street):
(1) 
Roof style/overhang (e.g., gable, mansard, hip, A-frame);
(2) 
Garage orientation and access (e.g., attached/front-loaded, attached sideloaded, detached/alley-loaded);
(3) 
Building massing (e.g., ranch with two-story attached garage; two-story with attached garage; bungalow);
(4) 
Floor area: The floor area of the proposed dwelling units shall be no less than 80% of the average floor area of other dwellings;
(5) 
Front porches (existence of);
(6) 
Exterior building material;
(7) 
Pattern of window and door openings (e.g., central door and four windows; offset door and three windows).

§ 84-97 Building elevations.

A. 
Any facade facing a sidewalk, public right-of-way or public street shall have an active building elevation. Active building elevations shall include windows, building entrances and other architectural features that enhance the pedestrian scale and experience of the building facade.
B. 
New construction shall respect existing building widths by providing a division of the facade into distinguishable building increments.
C. 
All structures shall:
[Amended 11-16-2009 by Ord. No. 352[1]]
(1) 
Incorporate fascias, canopies, arcades, building setbacks or other design features, so as to break up large wall surfaces on the street-facing elevations.
(2) 
Include wall surfaces visually divided by such features described in Subsection C(1) above.
[1]
Editor's Note: This ordinance also repealed former Subsection D, Structures with building elements above 35 feet in height, which immediately followed this subsection.

§ 84-98 Building exterior facade.

A. 
All buildings; residential and nonresidential.
(1) 
Every portion of any exposed exterior wall of every principal structure shall be composed of brick, stone, glass, metal, marble, wood siding, or imitation siding.
(2) 
The governing body may approve alternative materials if, and only if, such material is determined to be equal or superior in quality and aesthetic character compared to approved materials.
(3) 
An addition to an existing structure, which is nonconforming with respect to this section, may be constructed in conformance with the materials of original construction of the existing portion of the structure with approval by the Zoning Officer.
(4) 
Walls.
(a) 
All sides of the building shall have active building elevations.
(b) 
Walls shall incorporate surface treatments such as recesses, projections, finish materials, awnings and other architectural articulation shall be required along 100% of the horizontal length of any wall.
B. 
Additional requirements for residential buildings. Building facades shall include:
(1) 
A visual structural break either in roofline or front facade shall be provided between every attached single-family dwelling unit.
(2) 
A visual structural break in facade shall be provided between garden apartment dwelling units to eliminate long flat walls.
[Amended 11-16-2009 by Ord. No. 352]
(3) 
The requirements determining the spacing of buildings shall be flexible so as to encourage imaginative site design. The spaces between buildings shall be of sufficient size to guarantee adequate light, air, and emergency access and shall comply with minimum building separation requirements of the duly adopted Fire Code of the Township of Pine.
[Amended 11-16-2009 by Ord. No. 352]

§ 84-99 Building loading and refuse areas, nonresidential.

A. 
Loading docks, trash collection, and similar facilities shall be incorporated into the overall design of buildings and the site and include landscaping so that the visual and acoustic impacts of these functions are contained and out of view from adjacent properties and public streets.
B. 
Loading dock facilities may include a solid masonry wall that is compatible with the building materials and shall be at least six feet in height.
C. 
Refuse areas and similar facilities shall be completely enclosed within a masonry wall or fence that is compatible with the building materials and shall be at least six feet high, on three sides maintaining a one-hundred-percent visual blockage on all three sides and a self-closing gate on the fourth side.
D. 
Refuse areas shall have hardened, stabilized surfaces constructed to prevent accumulation of stormwater runoff.

§ 84-100 Building materials.

A. 
Excluding windows, no more than three principal exterior building materials shall be used on any one side of a building.
B. 
All exterior building walls and structures shall be constructed with durable materials such as masonry, natural or decorative stone, brick, finishing wood, or glass.
C. 
Colors.
(1) 
Colors shall be of low reflectance, subtle, neutral or earth tone colors.
(2) 
No more than three principle colors shall be used on any one facade.
D. 
Building materials shall not include:
(1) 
Split-face blocks greater than four inch by 16 inch;
(2) 
Untextured and unpatterned tilt-up concrete panels;
(3) 
Prefabricated rolled steel wall panels;
(4) 
Standard eight-inch-by-sixteen-inch concrete masonry units (CMU).
E. 
In addition to the materials listed in § 84-100B, building materials may also include:
(1) 
Split-face masonry units, four-inch-by-sixteen-inch or smaller;
(2) 
Prefabricated architecturally designed concrete masonry panel;
(3) 
Stucco, as an accent material;
(4) 
Comparable materials may be approved by the Board of Supervisors.

§ 84-101 Building orientation, nonresidential.

A. 
All main entrances of buildings shall front onto the public street and have direct access to a public sidewalk.
B. 
If the design or use dictates, a main entrance may also face the parking lot if adequate pedestrian circulation is included in the overall site design.

§ 84-102 Building roofs, nonresidential.

Roofs must have at least one of the following features.
A. 
Parapets concealing flat roofs and rooftop equipment;
B. 
Overhanging eaves;
C. 
Sloped roofs.

§ 84-103 Commercial buildings in residential districts.

Design standards for commercial and mixed-use buildings shall follow the design standards for nonresidential uses.

§ 84-104 Dumpsters and refuse collection areas.

A. 
Dumpsters. Dumpsters must be completely screened from view from any residential district or public street or walkway with screening that is at least as tall as the dumpster. This provision shall apply to all dumpsters, including those used for the collection and storage of recyclable materials, whether public or private.
B. 
Refuse collection areas in all residential districts.
(1) 
All refuse storage shall be located in the side or rear of the buildings and not visible from the public right-of-way.
(2) 
Deposited refuse shall not be visible from outside the refuse enclosure.
C. 
Refuse collection areas in all commercial districts.
(1) 
All refuse collection areas shall be located in the side or rear of the buildings.
(2) 
Deposited refuse shall not be visible from outside the refuse enclosure.
(3) 
All refuse collection areas shall be effectively designed to contain all refuse generated on site and deposited between collections.
(4) 
Screening shall be of sufficient height and density to completely hide the storage from public view. All screening shall be maintained in such manner as to present a neat and orderly appearance at all times.
(5) 
Refuse collection areas shall be so located upon the lot as to provide clear and convenient access to refuse collection vehicles.
(6) 
No trash or garbage shall be stored in any unenclosed exterior property area of any multifamily dwelling in any zoning district.

§ 84-105 Electrical disturbances.

No activity shall cause electrical disturbance adversely affecting public safety, radio or other equipment or cause harm to wildlife or vegetation in the vicinity.

§ 84-106 Fences, boundary fences and walls.

The following requirements for fencing and walls apply to all districts in Pine:
A. 
No fence or wall exceeding six feet in height shall be erected, replaced, or altered unless an application has been made, and a permit issued by, the Zoning Officer.
B. 
Fences may be permitted on lots with no principal use subject to the requirements of this section.
C. 
Fence location.
(1) 
Unless otherwise stated, no fence exceeding four feet in height shall be allowed within the otherwise applicable front yard setback area of the zoning district in which the fence is located.
(2) 
Fences and all supporting structures must be entirely on the property of the party erecting the fence and shall not encroach upon a public right-of-way.
D. 
Fence heights.
(1) 
The height of all fences or walls shall be measured from the finished grade to the top of the fence.
(2) 
Unless otherwise stated, no fence or wall shall exceed six feet in height.
(3) 
A fence of no more than 10 feet in height shall be allowed to enclose a private or public tennis court, basketball, or sports courts provided that the fence is not more than 60% solid.
(4) 
A fence enclosing a private swimming pool shall be allowed, provided that the fence is not more than 60% solid.
(5) 
Unless otherwise stated, fences or walls in nonresidential districts abutting residential districts shall not exceed six feet in height.
(6) 
A fence no more than 10 feet shall be allowed to enclose a school, playground or park provided that the fence is not more than 60% solid.
(7) 
A fence height may be increased to eight feet in height when the installation of the fence is intended to restrict deer from a property. However, the top two feet of any such fence shall be no more than 60% solid.
E. 
Fence design.
(1) 
All fences shall be so installed so that the finished side shall face outward; all bracing shall be on the inside of the fence.
(2) 
Where walls and fences are desired, they shall be of a material compatible with the building materials utilized on the principal structure.
(3) 
All fences and walls shall be maintained and, when necessary, repaired, removed or replaced.
F. 
Street intersections. No fence shall be installed that obstructs sight distance at street intersections or interferes with the required clear sight triangle.

§ 84-107 Fire protection.

Fire prevention and fire-fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on. Such handling and storage shall be subject to the requirements of the Township Fire Code.

§ 84-108 Junk vehicles.

Junk vehicles must be stored within a completely enclosed building.

§ 84-109 Junkyards.

Junkyards are prohibited in the Township of Pine.

§ 84-110 Hazardous materials and disturbances.

A. 
No activities in the Township of Pine shall emit radioactivity at any point.
B. 
No activities in the Township of Pine shall emit radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance.
C. 
No hazardous materials shall be discharged at any point into any public or private sewerage system, watercourse or the ground.
D. 
No liquid or solid materials shall be discharged in such a way as to contaminate or otherwise cause the emission of hazardous materials in violation of the laws of the County of Allegheny and Commonwealth of Pennsylvania.

§ 84-111 Landscaping, buffers and screening.

A. 
For purposes of this section, the landscaped area shall include the area required or permitted, under this section, to be devoted to landscaping and environmental improvement, which may include existing and new vegetation, berms, lighting, street furnishings and ornamental features which are integrated with the vegetation.
B. 
The following minimum standards shall be observed for all development or redevelopment subject to this section. The Board of Supervisors may waive these requirements if the overall objectives of the ordinance are met and the general character of the area and community goals are protected.
(1) 
Total landscaped area.
(a) 
Residential.
[1] 
All residential lots less than 100 feet in width shall be landscaped with at least three trees with a minimum of 2 1/2 inch caliper DBH for every dwelling unit on such lot.
[a] 
Two of such trees shall be located in the front yard to satisfy the canopy/street tree requirement.
[b] 
Preserving existing trees that are of equivalent size and number to those required hereunder shall satisfy this requirement.
[2] 
Residential lots in excess of 100 feet in width shall be landscaped in accordance with the requirements of this chapter. Cluster subdivisions, townhomes, or multifamily developments shall be landscaped in accordance with the applicable provisions of the landscape and buffer yard guidelines contained in this chapter.
[3] 
Minimum lot percentage; single-family attached, multifamily and garden apartments: 15%.
(b) 
Nonresidential uses.
[1] 
For all nonresidential developments, one tree with a minimum of 2 1/2 inch caliper DBH shall be planted for every 1,000 square feet of floor area or fraction thereof of structures to be erected.
[2] 
Preserving existing trees that are of equivalent size and number to those required hereunder shall satisfy this requirement.
[3] 
Minimum lot percentage, nonresidential uses: 15%.
(2) 
Buffer yards. The purpose of this section is to screen and minimize the potential impact of new development adjacent to existing developments or to future developments.
(a) 
In addition to standard setbacks and the planting requirements outlined in § 84-111B(1), additional landscaped areas, or buffer yards, shall be used to establish a greater separation where dissimilar land uses are located adjacent to each other. Careful site planning can minimize the need for constructed buffer yards by the preservation of natural topographic features, preservation of vegetation and sensitive location of site improvements and land uses.
(b) 
Standards. The type and extent of plantings or screening required for buffer yards shall be proportionally related to the degree of incompatibility or difference in use of the adjacent land uses, as defined below:
[1] 
Minor separation shall be required between similar land developments or compatible land uses. Minimum buffer yard in such instance shall be 10 feet.
[2] 
Moderate separation shall be required between single-family residential that is adjacent to more dense, smaller lot single-family, multifamily housing or rural business centers. Minimum buffer yard in such instance shall be 20 feet.
[3] 
Substantial separation shall be required between single-family residential or multifamily housing that is adjacent to commercial areas, schools, institutional, cultural facilities or active recreation areas. Minimum buffer yard in such instance shall be 30 feet.
[4] 
Major separation shall be required between single-family residential that is adjacent to planned residential developments, regional commercial areas, hotels, motels and office parks. Minimum buffer yard in such instance shall be 40 feet.
(c) 
Buffer yard types.
[1] 
Buffer plantings or screens shall not be planted so as to encroach upon the street right-of-way.
[2] 
Buffer screens shall contain one of the following plant materials options per every 100 linear feet for a ten-foot-wide minor separation buffer yard:
[a] 
Option one: five large trees, 2 1/2 inches minimum caliper DBH or larger, or seven medium trees, 1 1/2 inches minimum caliper DBH.
[b] 
Option Two: 10 small trees, 1 1/2 inches minimum caliper DBH.
[c] 
Option Three: 50 shrubs, minimum 30 inches in height and spread at the time of planting.
[d] 
Option Four: 10 evergreen trees, minimum five feet in height at the time of planting.
[e] 
Alternate buffer yard planting options may be proposed so long as a mix of the above options and required quantities of plant materials are provided.
[3] 
As buffer yard widths increase, the plant materials required shall be increased by the following multiples:
[a] 
Moderate Separation: times 1.25;
[b] 
Substantial Separation: times 1.50; and
[c] 
Major Separation: times 1.75.
(d) 
Deciduous plant materials shall comprise no more than 50% of the required buffer yard plantings.
(e) 
A minimum of 50% of the buffer yard surface area shall be planted with new plantings or existing vegetation preserved on the site.
(3) 
General landscape requirements.
(a) 
All landscaped areas shall be permanently landscaped and maintained in good condition.
(b) 
All areas of a site, not occupied by buildings or paving, shall be landscaped with trees, shrubs, ground covers, grasses and other plantings of the type(s) specified as recommended plant materials.
(c) 
All landscaped areas must be within an excavated area and not placed in containers on top of a hard surface.
(d) 
Unless otherwise provided, a landscaped area shall have a minimum width of six feet excluding curbs, retaining walls, or similar enclosing structures.
(e) 
Landscaped areas may include mulched planting beds.
(f) 
Landscaping materials shall be contained so as not to spill or intrude into the public right-of-way.
(g) 
All areas not utilized for structures, driveways, planting strips or parking shall be seeded, sodded or landscaped within 30 days of construction completion.
(4) 
Plant material specifications.
(a) 
All trees shall be planted and maintained to grow upright and plumb and the tree pit mulched.
(b) 
Planting shall be in accordance with the recommended practice of American Society of Nurserymen. Plants shall be maintained and guaranteed for one planting season.
(c) 
The use of synthetic vegetation (turf, plastic plants, etc.) shall not be allowed for any required landscaping.
(d) 
Tree and plant species provided must meet the landscaping and screening standards of this section.
(e) 
The applicant shall show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property, unless such removal is part of a forestry operation as regulated by § 84-51.
(f) 
When a combination of trees and shrubs are proposed, one tree may be substituted by three shrubs.
(g) 
Trees.
[1] 
The minimum size for a tree shall be 1 1/2 inch caliper DBH.
[2] 
Canopy/street trees shall be provided along the entire length and on both sides of all streets within the subdivision or land development.
[3] 
Canopy/street trees shall be spaced a maximum of 50 feet on center for large trees, 35 feet on center for medium trees and 20 feet on center for small trees, providing a minimum of two such trees per lot for lots with frontages of 100 feet or less and a minimum of three such trees per lot for lots with frontages greater than 100 feet. Trees shall be planted within the right-of-way or within a band of 25 feet parallel to the right-of-way line.
[4] 
Canopy/street trees shall be spaced as above on each side of all common internal streets where there are no private lot frontages.
[5] 
Canopy/street trees plantings can be in uniform rows or in clusters or groupings.
[6] 
Canopy/street trees shall be classified as follows:
[a] 
Large trees: ultimate height exceeding 40 feet and shall have a minimum caliper of 2 1/2 inch or larger caliper DBH at planting.
[b] 
Medium trees: ultimate height exceeding 25 feet and shall have a minimum two inch caliper DBH at planting.
[c] 
Small trees: ultimate height not to exceed 25 feet and shall have a minimum caliper of 1 1/2 to two inches DBH at the time of planting.
[7] 
Existing mature trees or woodlands of high quality which remain undisturbed adjacent to the street right-of-way may be used in place of or in conjunction with the requirements of this subsection.
(h) 
Shrubs.
[1] 
The minimum size for a shrub shall be 24 inches in height at the time of planting.
[2] 
The number of shrubs shall be determined by requiring one shrub for every 15 feet of perimeter of the lot.
(i) 
Ground covers.
[1] 
Ground covers planted to satisfy the standards of this section shall have a minimum container size of one gallon.
[2] 
Turf areas shall be planted with species suitable as permanent lawns in the region. Turf areas shall be sodded or seeded. Turf on impermeable surfaces shall be prohibited. Additional maintenance shall be provided until coverage is complete.
[3] 
Other ground covers suitable for the soil and climate conditions of the area may be approved within required landscape areas.
[4] 
Mulch shall be installed and maintained at a minimum depth of three inches on all planted areas except where ground cover plants are fully established.
(5) 
Recommended plant list and sizes.
(a) 
The following list specifies plant types that are required for use in landscaping plans proposed for in the Township of Pine:
Scientific Name
Common Name
Deciduous Trees
Acer x freemanii
Freeman Maple Varieties
Acer rubrum
Red Maple
Acer sacharum
Sugar Maple
Aesculus glabra
Ohio Buckeye
Asimina triloba
Pawpaw
Betula nigra
River Birch
Betula populifolia
Gray Birch
Carpinus caroliniana
American Hornbeam
Carya ovata
Shagbark Hickory
Celtis occidentalis
Hackberry
Cercis canadensis
Eastern Redbud
Cornus mas
Corneliancherry
Crataegus species
Hawthorn
Fagus grandifolia
American Beech
Fraxinus americana
White Ash
Fraxinus pennsylvanica
Green Ash
Gleditsia triancanthos inermis
Thornless Honey Locust
Gymnocladus dioicus
Kentucky Coffeetree (male preferred)
Larix laricina
Eastern Larch
Liquidambar styraciflua
American Sweetgum
Liriodendron tulipifera
Tulip Tree
Platinus occidentalis
American Planetree
Magnolia acuminata
Cucumbertree
Malus species
Crabapple (disease resistant varieties)
Nyssa sylvatica
Black Gum
Ostrya virginiana
American Hophornbeam
Populus grandidentata
Bigtooth Aspen
Populus tremuloides
Quaking Aspen
Prunus serotina
Black Cherry
Prunus virginiana
Chokecherry
Pyrus calleryana
Callery Pear
Quercus species
Oak
Robinia pseudoacacia
Black Locust
Sassafras albidium
Sassafras
Sorbus decora
Showy Mountainash
Taxodium distichum
Baldcypress
Tilia americana
American Linden
Ulmus americana hybrids
American Elm Hybrids
Scientific Name
Common Name
Evergreen Trees
Abies concolor
White Fir
Abies fraseri
Fraser Fir
Picea glauca
White Spruce
Picea pungens
Colorado Spruce
Pinus resinosa
Red Pine
Pinus rigida
Pitch Pine
Pinus strobus
White Pine
Pseudotsuga taxifolia
Douglas fir
Tsuga canadensis
Canadian Hemlock
(b) 
In addition to the foregoing tree and plant list, the Township may consider suggested plantings by the owner or developer.
(6) 
Landscaping plan guidelines and requirements.
(a) 
General guidelines. The following guidelines shall be used in developing all landscaping plans:
[1] 
The landscaping plan shall be prepared by a licensed landscape architect.
[2] 
Plants selected shall be suited to the climate and region as well as the geologic and topographic conditions of the site. Protection and preservation of native plant materials and natural areas are encouraged.
[3] 
Water intensive ornamental plant materials shall not exceed 10% of the total landscaped area.
[4] 
To the greatest extent possible, decorative water features shall use recirculating water.
[5] 
When providing for privacy and screening for adjacent land uses, visual, noise and air quality factors shall be considered.
[6] 
All plant materials located in snow storage areas shall be selected to withstand the conditions associated with these areas. Additionally, all parking lot landscaping shall be salt tolerant.
(b) 
Landscape plan contents. Landscaping plans shall be drawn to scale, including dimensions and distances, and shall clearly delineate:
[1] 
Plant materials, including trees, shrubs, ground cover, turf, and other vegetation, shall be shown clearly on the plan. In addition, plants shall be labeled by botanical name, common name, caliper, or container size, spacing, and quantities in each group.
[2] 
Property lines and street names.
[3] 
Streets, driveways, walkways, and other paved area.
[4] 
Pools, ponds, water features, lighting fixtures, fences, and retaining walls.
[5] 
Existing and proposed buildings and structures, including elevation, if applicable.
[6] 
Natural features, including, but not limited to, rock outcroppings, existing plant materials that will be preserved.
[7] 
Tree staking, plant installation, soil preparation details and all other applicable planting and installation details.
[8] 
Calculation of the total landscaped area.
[9] 
Designation of recreation areas, if applicable.
(c) 
Design and construction.
[1] 
Specify in cut areas to be treated as lawn that rock shall be covered with 12 inches minimum of suitable subsoil below topsoil.
[2] 
Specify that depth of topsoil be a minimum of four inches and desirable minimum six inches. The maximum shall be 12 inches, placed in a uniform depth to prevent uneven settlement.
[3] 
Specify that topsoil shall not be stripped, placed, or worked while frozen or wet.
[4] 
Specify and/or detail that finished grade of topsoil shall be 1/2 inch to 3/4 inch below top of walks and curbs to provide positive drainage off walks.
(d) 
Maintenance plan.
[1] 
A landscape maintenance plan must accompany every land development plan.
[2] 
All required planting shall be permanently maintained in good condition, and, when necessary, replaced with new plant material to ensure continued compliance with these standards.
[3] 
For the purpose of enforcement, the property owner shall be responsible for maintenance.
[4] 
Maintenance shall include watering, weeding, and pruning.
(7) 
Protected areas during grading and construction.
(a) 
During grading and construction, a protected area extending outward to the drip line of each tree shall be provided within which paving, grading, or the storage of dirt, building materials, debris, or any other materials or any other equipment shall not be allowed.
(b) 
Each protected area shall be enclosed by a barrier constructed in a manner required and approved by the Zoning Officer.
[1] 
The required barriers shall be constructed by the property owner and approved by the Zoning Officer prior to issuance of a building permit.
[2] 
Protective barriers shall be maintained until issuance of a certificate of occupancy.
[3] 
The Zoning Officer may reduce the protected area if they determine a larger area is not necessary to the survival and health of the tree.
[4] 
Failure to maintain barriers may result in revocation of the building permit.
(c) 
Permanent soil stabilization to prevent soil loss and protect water quality shall be required and include:
[1] 
Permanent soil stabilization treatments include establishment of lawn cover or ground cover, mulch or retaining wall as appropriate to the slope and use.
[2] 
Permanent restoration or stabilization of swales, drainage channels, stream, canal, riverbanks, and shoreline disturbed by construction shall be required. Soil retention treatments include use of stone, geotextile, and/or vegetative cover.
[3] 
Determination of the structural stability and/or required stabilization of existing or proposed slopes steeper than 50%, rock cuts or river gorge shall be required.
(8) 
Landscaping as screening — residential and nonresidential uses.
(a) 
Landscape strip.
[1] 
In all commercial zoning districts, a landscape strip shall be provided at the property line adjacent to all public rights-of-way.
[2] 
The landscape strip shall not include paved areas, except for trails or pedestrian sidewalks, and shall:
[a] 
Unless otherwise specified in this chapter, provide for a minimum ten-foot-wide landscape area.
[b] 
Provide for one large shade tree and 15 shrubs per every 30 linear feet of frontage.
(b) 
Screening shall be required for any nonresidential use where it abuts an area zoned or used residentially on the ground floor.
(c) 
All parking shall be screened from adjacent properties and the street as outlined in § 84-116, Off-street parking.
(d) 
Unless a perimeter landscaped open space, a minimum of 10 feet in depth, is provided, a durable and well-maintained solid wall, fence or other screening device, not less than four feet nor more than six feet in height, shall be provided along every lot line shared in common by a parking lot and a lot devoted to any residential use.
(9) 
Alternative landscaping plan. The applicant may submit an alternative landscaping plan that includes an alternate way of meeting the landscaping requirements that may include masonry or stone street walls, more mature plant materials, hedges, public art or other similar amenities to improve the aesthetics of the site. Such alternative landscaping plan shall require a land development review as outlined in Chapter 78. The alternative landscaping plan shall be prepared by a licensed landscape architect.

§ 84-112 Lighting.

A. 
No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare that is visible from any point along a lot line.
B. 
All lighting or illumination, including electric or otherwise, indoors or outdoors, shall be located, directed and of an intensity that does not:
(1) 
Create a hazardous condition or cause damage to the person or property of others.
(2) 
Interfere with or restrict the lawful use and enjoyment by others of property in the Township.
C. 
Any illumination or lighting, which is located, directed or of an intensity that causes a hazardous condition or causes danger to the person or property of others or interferes with or restricts the lawful use and enjoyment of property by others is hereby declared to be a public nuisance.
D. 
All light fixtures shall be concealed source fixtures except for pedestrian-oriented accent lights.
E. 
Feature lighting, such as uplighting of trees or other plant material, seasonal lighting, etc., shall be so arranged to reflect away from any residential structure.
F. 
All illuminations constructed, installed, changed or remodeled shall include cutoff lighting, so that the candlepower does not exceed 2 1/2% of the total lamp lumens at an angle of 90° above horizontal and the candlepower does not exceed 10% of the total lamp lumens at an angle of 80° above horizontal. These requirements apply to any lateral angle around the light.
G. 
The light intensity at any lot line shall not exceed 0.5 footcandles. Where light is reflected in a street area, the intensity measurement shall be made on the right-of-way line across the street from where the light emanates and shall not exceed 0.5 footcandles at such point of measurement.
H. 
Pedestrian lighting.
(1) 
Pedestrian lighting fixtures, in accordance with the specifications for the same found in the standard details adopted by the Township,[1] shall be located along all streets within the Town Center Design Overlay District (TCDO), and along all streets within the Traditional Village Overlay District (TVO).
[1]
Editor's Note: See Ch. 70, Standard Details.
(2) 
Pedestrian lighting fixtures, in accordance with the specifications for the same found in the standard details adopted by the Township, shall also be required to light pedestrian areas, plazas, walkways, steps and changes of grade so that these areas are suitably lighted for public safety.
(3) 
Pedestrian lighting fixture spacing shall be approximately every 160 feet on each side of the street within the Town Center Design Overlay District (TCDO) and approximately every 130 feet on each side of the street within the Traditional Village Overlay District (TVO). Lighting fixtures should be staggered approximately one-half the distance from the lighting fixture on the opposite side of the street. Details of proposed lighting fixtures and supports and the locations thereof shall be submitted as required by this chapter.
I. 
Security lighting.
(1) 
Security lighting fixtures may be permitted, when such security lighting is in addition to the otherwise required lighting, however such security lighting shall not project above the facade or roofline of any building and are to be shielded so the light source is not visible from any adjacent property line.
(2) 
Lighting shields shall be painted to match the surface to which they are attached.
(3) 
Security lighting fixtures shall not be substituted for parking lot or walkway lighting fixtures and are restricted to lighting only loading and storage locations or other similar areas requiring security lighting.
J. 
Nonresidential uses.
(1) 
Parking lot lighting shall be in accordance with the same found in the standard details adopted by the Township[2] and shall be contained within the parking area boundary. No light spillover shall occur outside the parking area in excess of the light levels prescribed elsewhere in this chapter; the light source shall not be visible from any street.
[2]
Editor's Note: See Ch. 70, Standard Details.
(2) 
Exterior wall-mounted floodlights or "wall-pack" lighting fixtures shall be prohibited.
(3) 
Soft lighting of building faces is encouraged. Building lighting shall be indirect in character. Indirect wall lighting or "wall-washing" overhead down lighting or interior illumination that spills outside is encouraged. Architectural lighting articulates the particular building design and provides required functional lighting for safety and clarity of pedestrian movement.
K. 
Overhead wiring is prohibited.

§ 84-113 Noise limitations.

A. 
Points of measurement to determine compliance with any of the performance standards shall be the property line nearest the source that is the subject of measurement unless otherwise specified.
B. 
Except as provided in this subsection below, no person shall cause, suffer, allow or permit sound from the premises of any permitted use that, when measured at any point on the property line of any property located within or abutting any residential use, is in excess of any of the following:
(1) 
From 7:00 a.m. to 7:00 p.m.:
(a) 
Continuous or frequently repeating airborne sound which has a sound level in excess of 66 dB; or
(b) 
Continuous or frequently repeating airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed in the accompanying table in one or more octave bands; or
Octave Band Center Frequency
(Hz)
Octave Band Sound Pressure Level
(dB)
31.5
96
63
82
125
74
250
67
500
63
1,000
60
2,000
57
4,000
55
8,000
53
(c) 
Impulsive sound in air that has a peak sound pressure level in excess of 80 dB.
(2) 
From 7:00 p.m. to 7:00 a.m.:
(a) 
Continuous or frequently repeating airborne sound which has a sound level in excess of 45 dB; or
(b) 
Continuous or frequently repeating airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed in the accompanying table in one or more octave bands; or
Octave Band Center Frequency
(Hz)
Octave Band Sound Pressure Level
(dB)
31.5
86
63
71
125
61
250
53
500
48
1,000
45
2,000
42
4,000
40
8,000
38
(c) 
Impulsive sound in air that has a peak sound pressure level in excess of 80 dB.
(3) 
In addition, if the sound level at any point on the property line of an existing use exceeds such standards and the existing use is modified, changed, altered, enlarged or extended in a lawful manner in accordance with this chapter, then the sound level at any point on the property line of such modified, changed, altered, enlarged or extended use may continue to exceed the sound standards set forth above, but only up to the sound level in existence immediately prior to such modification, change, alteration, enlargement or expansion.
C. 
Outdoor paging systems and speakers shall be prohibited in the Township of Pine.
D. 
Noise resulting from alarms, sirens, emergency work, normal lawn and landscaping care, traffic and agricultural use shall be exempt from the requirements of this section. Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section, except that such activity that occurs on Sundays shall be exempt from the requirements of this section from 9:00 a.m. to 7:00 p.m.
E. 
No noise from recordings, loudspeakers, or public-address systems shall be allowed which interferes with the reasonable enjoyment of adjacent residential properties.
F. 
Exclusions, permitted variations and variances to noise limitations.
(1) 
The governing body is empowered to hold public hearings and to grant variances from the terms of this section of this chapter. A variance shall be granted only if the applicant can establish that:
(a) 
The source of the sound violation cannot be controlled so as to be brought into conformance with this chapter by any reasonable method.
(b) 
The property in question cannot be used without the source of noise violation or that the source of noise violation is necessary to prevent a taking of the property without compensation.
[1] 
All reasonable steps have been taken to reduce the noise violation to the lowest level possible.
(2) 
The governing body shall have the power to grant a variance for a limited period of time, not more than two years, to ensure that the applicant will avail himself of any technical advances in sound control which may develop in the future.
(3) 
The governing body shall have the power to grant a reasonable extension of time for compliance with this chapter if, after a public hearing, the applicant can establish that he will comply with this chapter but that he cannot do so within the time limit established by this chapter.
(4) 
All enforcement and appeal provisions governing this Zoning Chapter as a whole shall be applicable to these noise performance standards.
G. 
Vibration.
(1) 
No use in any permissible business zone may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot or the lot line if the enterprise is one of several located on a lot or the lot if the enterprise generating the vibration is the only enterprise located on the lot.
(2) 
No use may generate any ground-transmitted vibration in excess of the limits set for this in subsection. Vibration shall be measured at any adjacent lot line or residential zoning line as indicated in the table set forth in subsection.
(3) 
The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
(4) 
The vibration maximums set forth in this subsection are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
PV
=
6.28 F x D
Where:
PV
=
Particle velocity (inches per second)
F
=
Vibration frequency (cycles per second)
D
=
Single amplitude replacement of the vibrations (inches)
The three velocities shall be the vector sum of the three components recorded.
(5) 
Table of maximum ground-transmitted vibration.
Particle Velocity
(inches per second)
Zone
Adjacent Lot Line
Residential Zone
Commercial districts
0.10
0.02
Industrial districts
0.15
0.02
Residential districts
0.02
0.02
(6) 
The values stated above may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.
(7) 
Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this subsection.

§ 84-114 Odors.

A. 
For purposes of this subsection, the "odor threshold" is defined as the minimum concentration in air of a gas, vapor, or particulate matter that can be detected by the olfactory systems of a panel of healthy observers. Continuous, frequent, or repetitive odors detectable after the odorous air has been diluted with five or more volumes of odor-free air shall be a violation of these standards.
B. 
No use other than agricultural in any zone may generate any odor that reaches the odor threshold, measured at:
(1) 
The outside boundary of the immediate space occupied by the enterprise generating the odor.
(2) 
The lot line if the enterprise generating the odor is the only enterprise located on the lot.
(3) 
Exceptions.
(a) 
An odor detected for less than 15 minutes per day is exempt.
(b) 
No violation shall occur if the person or business causing or allowing the emission of odorous air contaminants is employing the best available treatment, maintenance, and control currently available to maintain the lowest possible emission of odorous gases.

§ 84-115 Off-street loading.

A. 
Location of required loading spaces. Loading spaces shall be located on the same lot, or on a directly adjoining lot in the same zoning district, as the building or structure to which they are accessory. No loading space shall be located in any required front yard setback.
B. 
Required spaces. Loading spaces shall be provided in sufficient number and of sufficient size so that no loading and unloading operations infringe upon any street or sidewalk. A minimum of one space shall be provided for every use and every expansion of an existing use involving the receipt or distribution of goods, including trash removal by motor vehicle.
C. 
Design and maintenance. Every loading space shall be designed, constructed, and maintained in accordance with the standards and requirements herein set forth:
(1) 
Screening.
(a) 
No loading space shall be closer than 50 feet to any lot in any R, S, or E Zoning District, unless completely enclosed on three sides by a wall not less than eight feet in height.
(b) 
Sufficient screening shall be provided along all lot lines abutting any residentially zoned or developed property to buffer the residential use from all operations, materials and vehicles within any loading space.
(c) 
Loading areas accessory to commercial uses, shopping centers or planned business developments shall be so located and screened from public view.
(2) 
Design standards.
(a) 
Each loading space shall be at least 12 feet wide.
(b) 
Every loading space shall be surfaced with an asphalt or portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system connected to a public storm sewer system.
(c) 
Loading spaces shall be designed and arranged to provide access to a street in a manner that shall create the least possible interference with traffic movement. Access to and from the right-of-way to the loading spaces shall be referred to the Township Engineer for comment.
(d) 
No loading or unloading shall occur on the public right-of-way.
(e) 
Loading and unloading operations shall be designed so they minimize the number and width of curb cuts.
(f) 
Individual loading spaces shall be clearly identified by pavement markings four inches to six inches in width.
(3) 
Loading space uses.
(a) 
No part of a loading area utilized for the access, maneuvering and temporary parking of delivery vehicles shall also be used for the parking of employee or customer vehicles.
(b) 
No part of a loading area shall be utilized for the open-air outdoor storage of materials, merchandise, and equipment.
(c) 
When any part of a loading area is also utilized for refuse and trash disposal and storage purposes, all outdoor containers shall be closed and permanently stationed in an area that is easily accessible for pick up and removal and that satisfies the screening requirements of this chapter.

§ 84-116 Off-street parking.

A. 
No vehicle, in any district, shall be parked off-street at any time except on an authorized parking lot, parking garage or driveway.
B. 
In no case shall parking be used for the lease or storage of vehicles or other materials by an off-site use.
C. 
Computation of required spaces.
(1) 
When determination of the number of required parking spaces results in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded and fractions over one-half shall require one parking space.
(2) 
In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facility shall be counted as one seat for the purpose of determining the requirement for off-street parking under this chapter.
(3) 
When parking spaces are required on the basis of the number of faculty, staff, students, or employees, the maximum number per peak shift shall govern.
D. 
Uses not specified. For uses not expressly listed in this section, parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the Zoning Officer.
E. 
Required parking spaces.
(1) 
Vehicular parking. For the following uses, the number of off-street parking spaces shall include:
Use
Minimum Parking Space Requirements
Adult-oriented establishments
Parking demand analysis
Agriculture
2 per dwelling located within the agriculture area and 1 for each full-time worker
Alcohol rehabilitative clinic
Parking demand analysis
Animal day care
1 per each employee on the maximum shift and 1 per each 2 animals cared for at the care center
Animal hospital
1 per each employee on the maximum shift and 1 per each 2 animal enclosures
Automotive dealership, new
1 per each 2,000 square feet of lot area for employee and customer parking (excludes vehicle display area)
Automotive dealership, used
1 per each 2,000 square feet of lot area for employee and customer parking (excludes vehicle display area)
Bed-and-breakfast
1 per each offered sleeping room and 2 per each permanent resident and 1 per each employee on the maximum shift
Car wash
1 per each employee on the maximum shift and 1 per vehicle if dropoff service is offered, plus vehicle queue area
Cemetery
1 per each employee and ample accessways to the cemetery sections so as to allow parking on the accessway for gravesite services and visitations
Civic clubs
1 per each 5 members
College
1 per each faculty member and 1 per each employee and 1 per each 5 students
Collocation/shared use communication facility
1 per each service vehicle
Communication facility
1 per each service vehicle
Communication tower
1 per each service vehicle
Day-care center
1 per each employee on the maximum shift and 1 per each 2 of the maximum number of persons cared for at the center
Drive-in theater
1 per each employee, and the customer parking spaces shall not exceed the maximum number of tickets sold for each showing
Entertainment facilities
1 per each 200 square feet of enclosed area and 1 per each 1,000 square feet of outdoor area
Essential facilities
1 per each service vehicle that is necessary to service the facility
Farm market
1 per each 200 square feet of floor area, 4 spaces minimum
Freestanding self storage units
1 per each employee and ample area for the loading and unloading of items into or out of each unit without disruption of traffic
Garden apartments
2 per apartment unit and 0.5 spaces per unit for guest parking
Group care facility
Parking demand analysis
Group home
1 per each employee on the maximum shift and 1 per each employee on the preceding shift
Heliport
2 per each landing area
Hospital
1 per each 3 beds and 1 per each employee on the maximum shift
Indoor theaters
1 per each 2 seats in the theater and 1 per each employee on the maximum shift
Kennel
1 per each employee on the maximum shift and 1 per each 200 square feet of area devoted to the kennel area
Life care community
2 per living unit and 1 per each employee on the maximum shift
Light manufacturing, research and testing
1 per each employee on the maximum shift and 1 per each 300 square feet of office area
Medical clinic
1 per each 200 square feet of floor area
Methadone treatment facility
1 per each 200 square feet of area in addition to spaces provided for other uses within the same building
Mixed uses*
The sum of each parking space requirement for each use
Mobile home parks
2 per each unit plus .5 per each unit for visitor parking
Mortuary
18 per each reposing room
Motel or hotel
1 per rentable room and 1 for each employee on the maximum shift
Nature preserve
1 per each 5 acres of land if the area is available to the public
Nursery
1 per each employee on the maximum shift plus 5 spaces minimum
Nursing home
1 per each 4 beds and 1 per each employee on the maximum shift
Offices
1 per each 300 square feet of floor area
Outdoor advertising sign
1 per each service vehicle
Parks
1 per each acre of land, 5 spaces minimum
Patio homes
2 per housing unit
Place of worship
1 per each faculty member or employee, and 1 per each 2 seats in the auditorium or gymnasium, whichever has seating for the greater number of attendees
Planned residential development
2 per housing unit
Public and semipublic uses
1 per each 2 seats in the main seating area
Recreation facilities
Parking demand analysis
Restaurant, with drive-through
1 per each 50 square feet of floor area, plus vehicle queue area
Restaurants
1 per each 50 square feet of floor area
Retail sales and services
1 per each 200 square feet of floor area
Single-family, detached
2 per housing unit
Single-family, attached
2 per housing unit
School
1 per each faculty member or employee, and 1 per each 2 seats in the auditorium or gymnasium, whichever has seating for the greater number of spectators
Trade schools
Parking demand analysis
Vehicle repair station
3 per repair bay and 1 per each employee
Vehicle sales
1 per each 2,000 square feet of lot area for employee and customer parking (excludes vehicle display area)
Vehicle service station
3 per repair bay and 1 per each employee
Veterinary services
1 per each 400 square feet of floor area
Warehouse
1 per each employee on the maximum shift and 1 per each 300 square feet of office area
Warehouse sales
1 per each employee on the maximum shift and 1 per each 200 square feet of area devoted to the sales area
Wineries
1 per each worker during the peak season, plus 5 spaces
(2) 
Accessible parking space requirements.
(a) 
Where parking is provided, accessible parking spaces shall be provided in compliance with the table below. The number of accessible parking spaces shall be determined based on the total number of parking spaces provided for the facility. Except that accessible parking space requirements shall not apply to parking spaces used exclusively for buses, trucks, other delivery vehicles, law enforcement vehicles or vehicular impound and motor pools not accessed by the public. Where such lots are accessed by the public they shall be provided with an accessible passenger loading and unloading zone.
Total Spaces Provided
Required Minimum Number of Accessible Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
More than 1,000
20, plus one for each 100 spaces over 1,000
(b) 
Van accessible parking spaces in accordance with Americans with Disabilities requirements shall be provided at a rate of one van accessible parking space for every six accessible spaces required.
(3) 
Bicycle parking. Bicycle parking shall be provided at 5% of the vehicle parking requirements but not less than a minimum of two bicycles for all multifamily dwellings (over 10 units) and nonresidential uses.
F. 
Maximum number of parking spaces and parking demand analysis. No use shall provide more than 110% of any of the above-listed requirements, except through the submittal of a parking demand analysis and approval of a conditional use permit in accordance with § 84-137. The parking demand analysis will include, at a minimum:
(1) 
The anticipated number of parking spaces needed to accommodate the proposed use.
(2) 
How the parking spaces are accommodated (on-site, public lots, on-street, etc.).
(3) 
Rationale for additional parking spaces.
G. 
Shared parking.
(1) 
When a property develops adjacent to undeveloped or under developed property, combined or cross access of the parking or access road shall be considered and a provision of such interconnection shall be provided. When a new development is proposed adjacent to a development that provided such provision for interconnection, then such connection shall be completed.
(2) 
When two adjacent property owners agree to combine access points, the Township may grant an incentive bonus, in which case the required number of parking spaces would be reduced by 15% for each development, or the building coverage may be increased by 10%.
H. 
Design and maintenance for vehicle parking. Unless otherwise stated, the following shall apply to all off-street parking developed in the Township of Pine:
(1) 
All open (non-garage) parking lots shall be designed to reduce the negative visual effects of vast paved areas and contain landscaped planting islands and defined landscaped pedestrian walkways.
(2) 
Location.
(a) 
Unless otherwise provided in this chapter, parking shall be located on the same parcel as the use served.
(b) 
Unless otherwise provided in this chapter, in all residential districts, no parking shall be located in the required front yard setback except in a legal driveway, a detached or attached garage. This shall not apply to governor's drives.
(c) 
In all nonresidential districts off-street parking lots or garages shall not be located between a public street and the principal structure.
(d) 
Unless otherwise provide in this chapter, required parking areas shall not be located within the public right-of-way.
(e) 
In the C-1 District, parking for the use shall be entirely within the C-1 District. In no case shall parking for a commercial use in any commercial district be allowed in a residential district.
(f) 
Off street parking and access drives shall be a minimum of 25 feet from any residential district or use.
(g) 
Off-street parking shall be set back a minimum of 10 feet from property lines of nonresidential districts or use.
(h) 
Parking shall not be located within 10 feet of any street frontage, except where a decorative fence or wall of no more than three feet in height is used in conjunction with landscaping.
(3) 
Parking access. Vehicular access to parking areas from a pedestrian-oriented street shall be limited to avoid conflicts with the pedestrian movement.
(4) 
Parking protection. Parking abutting a slope exceeding 2 1/2% shall be protected by a guardrail or fence of a strength sufficient to prevent vehicles using the parking area from the slope.
(5) 
Parking stall requirements.
(a) 
The numbers and dimensions of accessible parking shall meet all requirements of the American with Disabilities Act (ADA).
(b) 
The following minimum stall dimension requirements shall apply to the width and length of required parking spaces.
Type
of Parking
Angle
Stall Length
Stall Width
Aisle Width
Minimum Area
Traditional
90
18'00"
9'00"
24'00"
180 sq. ft.
Traditional
60
22'00"
10'00"
20'00"
Traditional
45
20'00"
10'00"
15'00"
Handicapped
90
19'00"
13'00"
24'00"
Handicapped
60
21'00"
13'00"
18'00"
Handicapped
45
19'10"
13'00"
13'00"
I. 
Parking lot standards.
(1) 
Parking lot landscaping.
(a) 
Perimeter landscaped areas shall be a minimum of 10 feet wide. Earth mounding, fencing or walls, or a combination thereof, may also be used as a perimeter landscape screening, subject to the approval of the governing body.
(b) 
Interior landscaping shall be required for new parking areas or expansion of existing parking areas containing more than 6,000 square feet or 15 parking spaces.
(c) 
A minimum of 5% of the total parking area must be landscaped in accordance herewith.
(d) 
Landscape islands.
[1] 
A minimum of one landscaped island with a minimum size of 160 square feet shall be provided for every 15 parking spaces.
[2] 
Landscape islands shall be installed at both ends of each unbroken row of parking containing 15 or more adjacent parking spaces.
[3] 
One internal landscape island, within the parking area, shall be provided for every 15 parking spaces. One shade tree shall be required for every 15 parking spaces and shall planted in the landscape islands.
[4] 
Landscaped divider strips shall be placed at every third row of adjoining parking to prevent traffic movement across parking aisles.
(e) 
Parking shall be screened from abutting residential uses and districts with a solid screening minimum height of six feet. An earth berm may be credited toward the required height.
(f) 
Plant materials located in snow storage areas shall be selected to withstand the conditions associated with these areas.
(g) 
All parking landscaping shall be salt tolerant.
(h) 
Trees located in paved areas shall be provided with adequate tree pits to permit proper watering.
(i) 
Parking stops, where provided, shall be constructed of permanent material.
(j) 
All required screening and landscaping shall be maintained and, if required, replaced to comply with the requirements in this section and any approvals.
(2) 
Parking lot ingress and egress.
(a) 
Every parking lot shall be provided with one two-way entry/exit at least 22 feet in width or two one-way entry/exit, each at least 13 feet in width.
(b) 
When ingress and egress are proposed to be separate, then the entrances and exits shall be designed so that traffic shall flow in one direction only.
(c) 
The junction with the edge of a public street for a new entry or exit exceeding 5% gradient shall include a vertical curve to provide a suitable transition and leveling-out area.
(d) 
Curbs shall be installed on sides of access points to contain vehicular traffic, protect pedestrians and reduce maintenance of adjacent seeded or planted areas.
(3) 
Parking lot maneuvering space.
(a) 
Maneuvering space shall be located completely off the right-of-way of a public street, place, or court.
(b) 
Maneuvering space shall be designed to prevent any vehicles from backing into the public right-of-way except for single-family and attached single-family dwellings.
(4) 
Parking lot surface.
(a) 
Off-street parking shall be constructed in such a manner so as to provide an all-weather, durable and dustless surface. Individual stalls shall be clearly identified by pavement markings four to six inches in width.
(b) 
Parking surfaces shall be graded and drained to control all surface water accumulation in accordance with the provisions of § 84-125.
(c) 
Parking shall include provisions for positive subsurface and subbase drainage under and at the outside edges of the paving. In major cut or potentially wet areas, underdrains shall be installed under edges of ingress/egress and connected to the storm drainage system. A drainage plan shall be submitted for all parking for more than five vehicles.
(d) 
The approved surface materials outlined in this Code shall include asphalt, concrete, prefabricated pavers, or similar materials, except that a compacted gravel parking surface may be utilized for developments that require parking lots containing five or fewer parking spaces.
(5) 
Parking lot lighting.
(a) 
Parking lighting shall be provided in accordance with § 84-112 of this chapter.
(b) 
Illumination shall not be used for the purpose of advertising or attracting attention to the principal use.
(c) 
Lighting fixtures shall be sized, and located so as not to cast direct rays of excessive brightness upon adjoining premises or cause glare hazardous to pedestrians or person using adjacent public streets.
(d) 
Parking areas used after sundown may be lighted to give protection to persons using the parking area.
(6) 
Parking lot modules.
(a) 
Parking lots for uses that require greater than 90 spaces shall be broken into modules.
(b) 
The size of any surface parking module shall be limited to 90 vehicles bounded by a public street, building, landscaped pedestrian walkway or a structurally defined access drive.
(7) 
Parking lot pedestrian linkages.
(a) 
Clearly defined and marked sidewalks shall be required within parking lots and be provided for the length of the parking to the entrances of establishments.
(b) 
Clearly defined and marked sidewalks shall be distinguished from driving surfaces through the use of special pavers (bricks, scored concrete or other similar materials).
J. 
Bicycle parking standards.
(1) 
Bicycle parking shall be located and clearly designated in a safe and convenient location, at least as convenient as the majority of auto spaces provided.
(2) 
Facilities shall be designed to accommodate U-shaped locking devices and shall support bicycles in a stable position without damage to wheels, frame or other components and shall be securely anchored and of sufficient strength to resist vandalism and theft.
K. 
Reduction of the required number of parking spaces. An alternative parking plan is a means to meet vehicle parking requirements other than providing parking spaces on-site in accordance with the ratios established in this section. The governing body may conditionally allow fewer than the number of off-street parking spaces required in this section under the following conditions:
(1) 
The area required for parking for any use shall be designed and designated as parking or reserved for possible future parking.
(2) 
The nature or extent of the use does not require the minimum number of parking spaces, which are set forth in this section.
(3) 
The proposed reduction enhances the development, is environmentally sound, and advances the general welfare of the Township.
(4) 
The proposed reduction in number of parking spaces will not be inconsistent with the public interest and will preserve the health, safety, and welfare of the Township.
(5) 
There is no potentially detrimental effect on adjacent property values.
(6) 
There is no potential disruption or nuisance of or to adjacent lots.
(7) 
There is no potentially detrimental effect upon traffic patterns and traffic safety.
(8) 
Applicants seeking to meet the requirements of this section by alternative means shall be required to secure approval of an alternative parking plan in accordance with the standards of this section.
(a) 
Contents. Alternative parking plans shall include the parking alternative and rationale for how the alternative will compensate for the provision of the required parking on site.
(b) 
Review and approval procedure. An alternative parking plan pursuant to this section shall require a conditional use permit from the Board of Supervisors pursuant to § 84-137.
(c) 
Eligible alternatives. Potential alternatives to be considered include, but are not limited to:
[1] 
Shared parking. Shared parking is encouraged to promote efficient use of land and resources by allowing users to share off-street parking for uses that are located near one another and that have different peak parking demands or different operating hours.
[2] 
Credit for on-street parking spaces. On-street parking spaces may be used to satisfy up to 20% of the requirements for off-street parking. Such on-street parking shall be located only on arterials or collector streets within the public right-of-way and shall be located within 1,000 feet of the use.
[3] 
Bicycle parking. A reduction in the number of required off-street parking spaces for developments or uses that provide bicycle parking or that make special provisions to accommodate bicyclists may be made. Examples of accommodations include bicycle lockers, employee shower facilities, and dressing areas for employees. Consideration of the seasonal nature of bicycle use shall be given in approving this reduction.
[4] 
Pedestrian-oriented use. For uses that serve the immediate neighborhood, a reduction in the number of required parking spaces may be made.
[5] 
Valet parking. Valet parking may be used as a means of satisfying otherwise applicable off-street parking standards.
[6] 
Transit credit. When located proximate to a transit stop, credit towards the otherwise required number of parking spaces may be granted by the Board of Supervisors in such numbers as determined by the Board of Supervisors. The transit stop shall be within 1,000 feet of the use.

§ 84-117 Off-street stacking or queuing requirements.

The vehicle stacking or queuing standards of this section shall comply with all setback standards established for the district and the following shall also apply:
A. 
Minimum number of spaces. In addition to minimum parking requirements established in this chapter, the following stacking or queuing areas are required:
Activity Type
Minimum
Stacking Spaces
Measured From
Automated teller machine
3
Teller
Bank teller lane
4
Teller or window
Car wash stall, automatic
9
Entrance
Car wash stall, self-service
3
Entrance
Gasoline pump island
2
Pump island
Pharmacy
4
Window
Restaurant drive-through
6
Order box
Restaurant drive-through
4
Order box to pickup window
Oil change and quick lube
3
Per bay
Other
Determined by Zoning Officer
B. 
Design and layout. Required stacking spaces are subject to the following design and layout standards.
(1) 
The size of a stacking or queuing space shall be 20 feet in length by 10 feet in width.
(2) 
Each lane shall be clearly defined in a manner that is identifiable during all seasons.
(3) 
Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.
(4) 
Stacking spaces must be separated from other internal roadways for traffic movement and safety.

§ 84-118 Outdoor storage.

A. 
All commercial districts.
(1) 
All merchandise for sale at retail sales and services is to be displayed inside or, if stored outside, screened from public view, including but not limited to bottle cases, building supplies, hardware, and fertilizer.
(2) 
Screening shall be of sufficient height and density to completely hide the storage from public view.
(3) 
Screening shall be of sufficient height and density to completely hide storage from major highways, passenger rail-lines, and other public accessways.
(4) 
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.
(5) 
Large objects, such as automobiles, trucks, trailers, boats and farm and construction equipment, need not be screened if permitted in the specific district.
(6) 
Items stored outside shall not interfere with required parking or sidewalk areas or any public right-of-way.
B. 
Shopping cart storage.
(1) 
All commercial uses, furnishing carts or mobile baskets as a service to shoppers, shall provide temporary storage areas, within the required parking for the carts or mobile baskets. A minimum of one shopping cart storage area per 100 parking spaces shall be provided.
(2) 
Shopping carts shall be removed from the parking area and stored entirely within the principal building each evening.
(3) 
The storage area shall be clearly marked for storage of carts or mobile baskets.
C. 
Temporary storage. When temporary exterior storage of material is authorized under the provisions of this chapter, the temporary storage shall be screened by opaque ornamental fences or walls so as not to be visible from adjoining public streets or adjacent lots to a person standing at the ground level.

§ 84-119 Parks and recreation.

A. 
Residential developments greater than 10 acres in size and having over 10 residential units and land developments over 10 acres in size shall comply with the requirements of this section, except that simple subdivisions shall be exempt from the requirements of this section.
B. 
A plan shall be submitted for Parks and Recreation Commission review showing the proposed open space, passive recreation area and active recreation land area locations and proposed facilities thereon for all subdivisions, planned residential development and land developments meeting the requirements of Subsection A above.
C. 
Submission requirements for Parks and Recreation Commission review.
(1) 
Prepare and submit plans for the parks and recreation commission review as follows:
(a) 
A cover page for the drawing set, which shall contain:
[1] 
The proposed name of the subdivision or development and the date the plan was prepared;
[2] 
The location by Township, county and state;
[3] 
The names and addresses of the subdivider(s)/developer(s)/owner(s) and the principal engineer(s) and/or architect(s) and/or landscape architect(s) and/or surveyor(s);
[4] 
A vicinity map, which shows the tract proposed for development on a current Township Zoning Map. The vicinity map shall cover approximately 1/2 square mile surrounding the proposed development. The site for the proposed development shall be indicated;
[5] 
A sheet index of all plans in the plan set.
(b) 
A proposed development/recreation plan, which shall contain:
[1] 
The drawing title block;
[2] 
The proposed name of the subdivision or development;
[3] 
The location by Township, county and state;
[4] 
The names and addresses of the subdivider(s)/developer(s)/owner(s)/and the principal engineer(s) and/or architect(s) and/or landscape architect(s) and/or surveyor(s);
[5] 
The legend, including the scale of the plan, north point and the date the plan was prepared;
[6] 
The existing contours with intervals of two feet. Elevations are to be based on sea level datum if available. Reference benchmarks used shall be indicated;
[7] 
The boundary of the site to be subdivided or developed indicated by a heavy line;
[8] 
The layout of streets, including proposed names and widths of proposed streets;
[9] 
The proposed layout, lot numbering, approximate dimensions, approximate lot areas and approximate lot widths provided at the street right-of-way line, or front yard building setback line for cul-de-sac lots;
[10] 
The parcel(s) of land intended to be dedicated or reserved for public use or to be reserved by covenant for residents inhabiting the subdivision of development;
[11] 
Existing parks and common open spaces and permanent buildings within or adjacent to the tract within such close proximity of the tract so as to affect the design of the subdivision or development;
[12] 
The location, widths and names of all existing recorded streets and roads touching the subdivision or development (unimproved roads shall be shown with dashed lines);
[13] 
Existing utility rights-of-way and/or easements;
[14] 
The approximate locations of existing sanitary sewers, water mains, storm drains, manholes, catch basins, surface water drains and surface water drainage easements, and all above ground or underground items within the tract or immediately adjacent thereto, with the direction of flow indicated;
[15] 
The area that is proposed to be used for stormwater detention and stormwater drainage;
[16] 
The proposed access to the stormwater detention area, with the grade percentage of the access road shown;
[17] 
The existing watercourses, floodplains, wetlands, tree masses, trees of significance and other natural features;
[18] 
The proposed final grade percentages of all proposed streets;
[19] 
The names and addresses of the current owners of contiguous property together with all boundaries, which intersect the boundaries of the proposed subdivision or development;
[20] 
The site data information, which shall include:
[a] 
The gross area of the parcel;
[b] 
The proposed number of dwelling units;
[c] 
The proposed density, expressed as dwelling units per acre;
[d] 
The gross area of common open space or area designated for passive recreation use;
[e] 
The area of common open space or area designated for active recreation use;
[f] 
The percentage of the parcel to be provided as common open space or areas designated for passive or active recreation use;
[g] 
The location, dimensions and descriptions of all proposed recreation improvements including sidewalks/trails, play equipment, soft surfacing, benches, fields or courts, informal recreation fields, etc.;
[h] 
Details, specifications and equipment descriptions of all proposed recreation improvements including sidewalks/trails, play equipment, soft surfacing, benches, fields or courts, informal recreation fields, etc.;
[i] 
An estimate of the site preparation costs of the active recreation land area, and a cost estimate for all recreation facilities proposed thereon.
(c) 
Where adequate details of the proposed active recreation area(s) can not be shown due to the size of the proposed development, an enlarged plan of each proposed active recreation area shall also be submitted.
[1] 
All plans shall be prepared and sealed by a civil engineer, architect, landscape architect or other professional registered in the Commonwealth of Pennsylvania.
D. 
When recreation areas are required to be provided as a part of a subdivision plan, planned residential development or land development plan, such recreational areas shall consist of both active recreation areas and passive recreation areas.
(1) 
Passive recreation areas may include:
(a) 
Resource protection areas;
(b) 
Steep slopes;
(c) 
Ponds, lakes, or streams and stream buffers;
(d) 
Wetlands and wetland buffers;
(e) 
Floodplains;
(f) 
Woodlands and trees of significance;
(g) 
Meadows;
(h) 
Internal trails.
(2) 
Active recreation land areas shall:
(a) 
Be in accordance with the land area size requirements of § 84-119D(3);
(b) 
Be visible from a public street for safety, and provide a minimum of 100 feet of frontage along a public road;
(c) 
Be accessible from the internal pedestrian circulation system;
(d) 
Be designed to meet the needs of the target market of the development;
(e) 
Be centrally located within the plan within the distance requirements as required by § 84-119D(3);
(f) 
Be served by public utilities, including electric service, water service, gas service, sanitary sewerage service, and telephone service;
(g) 
Have internal accessible access to the active recreation components of the active recreation area(s);
(h) 
Have a finished slope of not more than 3%;
(i) 
Provide parking spaces as required by § 84-116;
(j) 
Be landscaped in accordance with § 84-111.
(3) 
The following table provides the required active recreation land, facilities requirements, and maximum distance permissible from the furthest residence:
Total Number of Dwelling Units or Land Area
Open Space Requirements and Active Recreation Land Area Requirements
Maximum Distance from Furthest Residence
Specific Recreation Facility Requirement
Trails — if shown on the Trail Feasibility Study and Trail Design
All developments
When trails are required by the Trail Feasibility Study and Trail Design and if the required trails are outside of a dedicated right-of-way, provide a 40-foot public right-of-way or easement
Not applicable
If trails are shown on the Township trail plan adjacent to the property proposed for development, and the trail development is identified as the developer's responsibility, then the developer shall be responsible for construction in accordance with the Trail Feasibility Study and Trail Design
Open space/passive recreation areas
Subdivisions less than 10 acres in size
Not applicable
Not applicable
Not applicable
Subdivisions greater than 10 acres in size
15% of the total land area
Not applicable
The open space/passive recreation area(s) shall be dedicated to a homeowners' association, an approved conservation trust, or reserved as conservation easements on individual lots
Planned residential developments
35% of the total land area
Not applicable
The open space/passive recreation area(s) shall be dedicated to the homeowners' association
Land developments greater than 10 acres in size
10% of the total land area
Not applicable
The open space/passive recreation areas shall be dedicated to a homeowners' association, a merchant's association, or an approved Conservation Trust
Active recreation area and active recreation facilities
Subdivisions less than 10 acres in size
Not applicable
Not applicable
Not applicable
Greater than 10 dwelling units but less than 50 dwelling units
1/2 acre
1/4 mile
2 picnic tables play structure (1,000 square feet minimum) 2 benches internal pedestrian circulation
50 or greater dwelling units but less than 100 dwelling units
1/2 acre minimum plus 440 square feet additional per each dwelling unit over 50 dwelling units (1.005 acres maximum)
1/2 mile
4 picnic tables play structure (1,750 square feet minimum) 1/2 basketball court or equal 4 benches internal pedestrian circulation
100 or greater dwelling units but less than 250 dwelling units
1 acre minimum plus 365 square feet additional per each dwelling unit over 100 dwelling units (2.256 acres max)
3/4 mile
1 picnic shelter play structure (2,500 square feet minimum) 1 basketball or tennis court or equal multipurpose athletic field to accommodate youth soccer 6 picnic tables 8 benches internal pedestrian circulation
250 or greater dwelling units but less than 500 dwelling units
2 1/4 acre minimum plus 220 square feet additional per each dwelling unit over 250 dwelling units (3.512 acres max)
1 mile
2 picnic shelters play structure (5,000 square feet minimum) 1 basketball or tennis court or equal multipurpose athletic field to accommodate youth soccer 6 picnic tables 8 benches internal pedestrian circulation
500 or greater dwelling units but less than 1,000 dwelling units
3 1/2 acres minimum plus 220 square feet additional per each dwelling unit over 500 dwelling units (6.00 acres max)
1.5 mile
3 picnic shelters play structure (7,500 square feet minimum) 1 basketball/2 tennis courts or equal 2 regulation athletic fields to accommodate pony league baseball and adult soccer outdoor pool 8 picnic tables 12 benches internal pedestrian circulation
1,000 or greater dwelling units
6 acres minimum plus 220 square feet additional per each dwelling unit over 1,000 dwelling units
2 mile
3 picnic shelters play structure (7,500 square feet minimum) 1 basketball/2 tennis courts or equal 2 regulation athletic fields to accommodate pony league baseball and adult soccer outdoor pool 8 picnic tables 12 benches internal pedestrian circulation 3,000 square foot community center
For the purpose of this section, the distance from furthest residence shall be measured in a straight line from the closest point of a residential lot to the nearest point of the active recreation land area.
(4) 
When active recreation facilities are required, such facilities shall include all necessary amenities to make the facility functional, including, but not limited to:
(a) 
Basketball courts: 84 feet by 50 feet hard surface area with an additional three feet grass transition area around all sides of the court, and include two goal posts, backstop, hoop and net, and line striping in accordance with NCAA standards;
(b) 
Basketball courts (half size): 42 feet by 50 feet hard surface area with an additional three feet grass transition area around all sides of the court, and include one goal post, backstop, hoop and net and line striping in accordance with NCAA standards;
(c) 
Tennis courts: 36 feet by 78 feet hard surface area with an additional 12 feet grass transition area adjacent to all sides of the court and 21 feet adjacent to the ends of the court, and include fencing around the court, net supports, tennis net, and line striping in accordance with USLTA standards;
(d) 
Sand volleyball courts: 30 feet by 60 feet with six feet minimum grass transition area around all sides of the court, and include net supports, and net in accordance with USVA standards;
(e) 
Baseball, grass little league field: 60 feet baselines, 46 feet pitch distance, 200 feet foul line, 250 feet home plate to the center of the outfield, and includes backstops, bases, outfield fence and foul poles, in accordance with Little League Baseball, Inc.;
(f) 
Baseball, pony league field: 80 feet baselines, 54 feet pitch distance, 250 feet foul line, 300 feet home plate to the center of the outfield, and includes sand mix infield and grass outfield, backstops, bases, outfield fence and foul poles, in accordance with Township of Pine standards;
(g) 
Softball: 55 feet baselines, 38 feet pitch distance, 200 feet foul lines, 250 feet home plate to the center of the outfield, and includes sand mix infield and grass outfield, backstop, bases, outfield fence and foul poles, in accordance with ASA standards;
(h) 
Soccer, youth field: 120 feet by 120 feet grass field with 10 feet minimum grass transition area around all sides of the field, and include two goal nets, in accordance with Township of Pine standards;
(i) 
Soccer, adult field: 195 feet by 330 feet grass field with 10 feet minimum grass transition area around all sides of the field, and includes two goal nets, in accordance with NCAA standards;
(j) 
Multipurpose athletic field: 120 feet by 120 feet grass field with 10 feet minimum grass transition area around all sides of the field;
(k) 
Play structures: soft surface around all playground equipment a minimum distance of eight feet beyond the structure on all sides or two times the height of a pivot point above the surfacing material (measured from a point directly beneath the pivot on the supporting structure), whichever is greater. Soft surface can include 12 inches depth wood carpet, sand or rubberized safety surface in accordance with the Unites States Consumer Product Safety Commission and the Americans with Disabilities Act (ADA);
(l) 
Picnic shelters, picnic tables, and benches shall be in accordance with Township of Pine standards;
(m) 
Outdoor pools and community shelters, when required, shall be proposed by the applicant as a complete package, and include all amenities normally associated with such structures, for recommendation by the Parks and Recreation Commission;
(n) 
Internal pedestrian circulation shall include hard surface access, a minimum of five feet in width meeting the requirements of the Americans with Disabilities Act (ADA) to provide handicap accessibility to the recreation facilities from the street walk or trail.
E. 
Alternative compliance. Certain instances may dictate that the recreation facilities required by this chapter may not be appropriate for the proposed development. A developer is permitted to request the Parks and Recreation Commission's recommendation to the Board of Supervisors for alternative compliance when one or more of the following conditions are met:
(1) 
Topography, soil conditions, existing vegetation, or other site conditions are such that full compliance is impractical or impossible, and such proposed alternative would result in improved environmental quality.
(2) 
Existing considerations make the alternative compliance proposal safer than the required recreation facilities.
(3) 
The target market of the proposed development would be less likely to utilize the required recreation facilities.
(4) 
If alternative compliance is determined to be appropriate for a particular development, the alternative compliance should not be construed as a precedent for future developments.
F. 
Should a developer or property owner propose to pay a fee in lieu of the dedication of active recreation land, as provided in § 78-35 of Chapter 78 of the Township of Pine Code, then the requirements of said section shall be submitted to the Parks and Recreation Commission for their review and recommendation to the Board of Supervisors regarding the adequacy of the submission.

§ 84-120 Sidewalks/trails.

A. 
All new roads and drives shall have a sidewalk on both sides with a minimum width of five feet.
B. 
Sidewalks shall be installed at approximately the same elevation as the adjacent roadway.
C. 
All main and secondary entrances to buildings shall be directly linked from the street walk to the main secondary entrance with a public sidewalk.
D. 
Sidewalks shall be required and shall be constructed in accordance with Township specifications so as to facilitate pedestrian access throughout the development, along all streets, to all recreation amenities and parking lots and upon every lot and to service every use.
E. 
Unless otherwise provided in this chapter, a landscaped planting strip shall be maintained in the area between the curb of the street and the sidewalk.
F. 
For all parking lots:
(1) 
A continuous internal sidewalk shall be provided to link the parking, sidewalk along the street and the principal entrance of any building.
(2) 
The areas adjacent to the internal sidewalk shall feature landscaping, benches, and other pedestrian amenities and when the walkway is within the parking area, it shall be distinguished by use of special pavers, bricks, or scored concrete to enhance pedestrian safety and attractiveness.
G. 
Accessibility ramp gradient, requirements of railings, and treatment of pavement surfacing shall comply with applicable requirements of the Uniform Federal Accessibility Standards of the Americans with Disabilities Act.
H. 
Trails may be considered as an alternate to a sidewalk if the trail construction and location is as designated on the Trail Feasibility Study and Trail Design Standards. Unless otherwise provided, the maintenance and repair of sidewalks and/or trails, including the landscaping adjacent to such sidewalks and/or trails, is the responsibility of the property owner on which the sidewalk or trail is located or fronted.
I. 
Unless otherwise provided, the maintenance and repair of sidewalks and/or trails, including the maintenance of landscaping adjacent to such sidewalk and/or trail, is the responsibility of the property owner on which the sidewalk or trail is located or fronted.

§ 84-121 Sign regulations.

A. 
Definitions. Words and phrases used in this article and chapter shall have the meanings set forth in this section. Words and phrases not defined in this section, but defined in § 84-10, shall be interpreted with the meaning set forth in that section.
ABANDONED SIGN
A sign or sign structure on a site, which identifies a business that is not operating or does not have services offered on the premises on which the sign is located.
ADDRESS SIGN
The number or other designation assigned to a housing unit, business establishment, or other structure for all purposes of location, mail delivery, and emergency services.
ADVERTISING VEHICLE
Any vehicle and/or trailer which has affixed to it any sign or advertising device which is parked on public or private property and visible from any public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.
AWNING
An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
AWNING SIGN
A sign mounted, painted, or attached to or integral to an awning.
BACKLIGHTING or SILHOUETTE LIGHTING
A method of internal illumination whereby the light source is contained within the sign structure. Illumination is directed towards the building facade, thereby backlighting or silhouetting the sign itself.
BANNER SIGN
A sign with or without characters, letters, or illustrations applied to cloth, paper, fabric, or other nonrigid material.
CAMPUS SIGN
Any on-premises sign that assists the flow or circulation of pedestrian or vehicular traffic.
CANOPY, ATTACHED
A multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points.
CANOPY, DETACHED
A multisided overhead structure supported by columns, but not enclosed by walls.
CANOPY SIGN
A sign mounted, painted, attached to, or integral to a canopy.
CHANGEABLE COPY SIGN, MANUAL
A sign that is designed so that characters, letters, or illustrations can be changed or rearranged manually to change the message on the sign without altering the face or surface of the sign.
CHANGEABLE COPY SIGN, REMOTE
A sign that is designed so that characters, letters, or illustrations can be changed or rearranged remotely by electronic or other means to changes the message or sign without altering the face or surface of the sign.
EXPOSED TUBE-STYLE LIGHTING
A luminaire in which the light source consists of or is contained in an uncovered extruded cylinder or other shape, which may be formed into geometric patterns, lettering, logos, or emblems. This may include, but not limited to LED's, exposed glass tube lighting, neon, or rope lighting.
FLAG
Any fabric containing distinctive colors, patterns, or symbols, used as a symbol of the United States of America, the Commonwealth of Pennsylvania, or the local municipality. A flag is not a sign.
FLASHING SIGN
A sign that contains an intermittent or sequential flashing light source or has a light source which is not stationary, varies in illumination intensity, or contains elements which give the appearance of any of the aforementioned.
FREESTANDING SIGN
A self-supporting sign detached from any building and is supported by poles, posts, braces, or other type of base on the ground.
GOVERNMENTAL SIGN
A sign, which is owned, installed, and maintained by the Township of Pine, County of Allegheny, the Commonwealth of Pennsylvania, or other governmental agency.
GROUND/MONUMENT SIGN
A freestanding sign, which is completely self-supporting, has its sign face or base on the ground and has no air space, columns, or supports visible between the ground and the bottom of the sign.
ILLUMINATED SIGN, EXTERNAL
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.
ILLUMINATED SIGN, INTERNAL
A sign containing a source of light contained within the sign structure or sign cabinet.
KIOSK SIGN
A sign consisting of three or more sides that list names of businesses or other directional information located on a property or in a building.
MARQUEE
An integral part of the building consisting of a roof which is supported by the building and may also be supported by columns or piers, and which includes porches, porticos and porte-cocheres, but does not include canopies or awnings.
MARQUEE SIGN
A wall sign attached to a marquee.
MENU BOARD SIGN
A sign that lists for consumers the various options of products, goods, or services provided by a business.
[Added 11-16-2009 by Ord. No. 352]
MOVING/ANIMATED SIGN
Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement. This may include a flashing or remote changeable copy sign.
MULTITENANT BUILDING
A nonresidential building that provides occupancy for two or more tenants.
MULTITENANT BUILDING SIGN
A sign that provides space on a freestanding sign that identifies all or most of the tenants within that structure.
NONCONFORMING SIGNS
A lawfully existing sign that complied with the Zoning Ordinance at the time the sign was erected but does not meet the current zoning requirements.
OFF-PREMISE SIGN
A sign advertising a business, person, activity, goods, or service not located on the premises where the sign is located.
PENNANT/STREAMER
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series and designed to move in the wind.
POLE/PYLON SIGN
A freestanding sign erected on a pole, poles, pylon, or pylons, or other supporting structure where the bottom edge of a sign face is installed above the ground.
POLITICAL SIGN
Any sign that advertises a candidate or an issue, which is to be voted on in a local, state, or federal election process.
PORTABLE SIGN
A sign intended to be moved easily and is not designed to be permanently affixed into the ground or to a structure.
PREMISES
The contiguous land in the same ownership or control, which is not divided a street. Premises may be considered a lot as defined in section § 84-10 of this chapter.
PROJECTING SIGN
Any sign that is projecting perpendicularly from the facade of a building more than 12 inches from the face of the wall.
PROJECTION SIGN
A sign, which reproduces a remote image, by optical or any other means, on any surface.
PUBLIC WAY
Any corridor designated for vehicular or pedestrian use that is maintained with public funds.
REAL ESTATE SIGN
A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
ROOF SIGN
A sign erected on or attached to a roof or a sign attached to a building that projects above the highest point on a wall that supports the roofline.
SAFETY CONTROL SIGN
A public safety sign pursuant to federal, state, or local public safety regulations.
SANDWICH BOARD SIGN
A sign that provides a menu option or other advertising for a particular use displayed on an easel-like frame.
SIGN AREA
The smallest quadrangle encompassing the entire face of a sign, including the advertising surface and any framing, trim, molding, background, and the supporting structure situated above the lowest edge of the sign face.
SIGN BASE
The support on which a sign face stands.
SIGN FACE
The area or display surface, including the advertising surface and any framing, trim, or molding, used for the message on a single plane.
SIGN HEIGHT
The vertical distance measured from the lowest finished grade elevation directly beneath the sign to the highest point of a sign, including all decorative embellishments.
SIGN or SIGNBOARD
Any writing, printing, painting, display, emblem, drawing, graphic, electronic display, computerized display or other device designed to be viewed by the public, designed and intended for advertising, and the structure supporting the display.
SINGLE TENANT BUILDING
A nonresidential building that provides occupancy for one tenant.
SITE DEVELOPMENT SIGN
A sign indicating that the premises is in the process of being subdivided and/or developed for the construction of dwellings or other buildings.
TEMPORARY SIGN
Any sign erected for a limited time for a specific promotion.
THREE-DIMENSIONAL SIGN OR DISPLAY
A sign or any display designed to attract attention to a business, having length, width or depth and including, but not limited to, spheres, balloons, and inflatable objects. A rectangular or square sign with a thickness of less than 13 inches is not considered a three-dimensional sign.
TIME-AND-TEMPERTURE SIGN
A sign which indicates changing time and/or temperature.
TRAFFIC CONTROL SIGN
A sign regulating traffic.
WALL SIGN
Any sign painted, attached to, or affixed to a building or structure, attached flat against the wall surface, in such a way that only one face of a sign is visible.
WINDOW SIGN
Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is temporarily affixed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
B. 
Permitted signs. Unless otherwise provided in this chapter, permitted types of signs, and their regulations shall be as follows:
(1) 
Wall signs. In commercial zoning districts, each business that has its own public entrance from a parking area, street or sidewalk may be permitted at least one wall sign, subject to the requirements of this section and the following:
[Amended 11-16-2009 by Ord. No. 352; 8-5-2013 by Ord. No. 366]
(a) 
All wall signs shall be attached to or professionally painted on the outside wall(s) of the building they occupies and may be comprised of individual lettering, insignias, logos, or other symbols attached directly on the building facade. Wall signs shall not be joined or contained by a sign cabinet containing internal illumination, which contains a plastic, or similar material translucent sign face; except that where an existing building has a majority of the existing wall signs as internally illuminated sign cabinets with a plastic, or similar material sign face, the face of such signs may be replaced so long as the new face panel is no less than seventy-five-percent opaque.
(b) 
Wall signs for buildings on corner lots. A building on a corner lot is permitted a wall sign on each wall facing a street, provided that one of the wall signs shall not exceed 50% of the sign area of the sign installed on the primary wall frontage, and that no more than two wall signs are permitted on a building on any corner lot.
(c) 
Wall signs for office buildings. Each office building which has a principal tenant that occupies the majority of the floor area of the building shall be permitted at least one wall sign in accordance with this subsection. Such wall sign shall project no more than 12 inches therefrom and shall not exceed a total sign area of 1.25 square feet in for each linear foot of wall frontage that the sign is to be installed upon. If the sign consists of one line of letters, the maximum height shall be 30 inches. If the sign contains multiple lines of letters or contains graphics or a company logo, no more than two lines of letters (each no more than 30 inches in height) may be utilized and the total height of the stacked letters, graphics, or logo shall not exceed 60 inches. No other wall signs shall be permitted for an office building, unless the building has been previously approved as an office building with mercantile use(s).
(d) 
Wall signs for office buildings with additional mercantile use(s). Each office building which has a principal tenant that occupies the majority of the floor area of the building shall be permitted signage in accordance with the immediately preceding Subsection B(1)(c); additionally, buildings with a mercantile use, in addition to the office use component, shall be permitted additional signage in accordance with the following provisions of this Subsection B(1)(d). Office buildings with a mercantile tenant(s) having individual store front entrance(s) for public access from the parking lot directly into the tenant space(s) shall be permitted one additional wall sign per such mercantile tenant space(s) with a sign area not to exceed 1.25 square foot for each linear foot of wall frontage dedicated to the tenant(s). The total allowable sign height for such mercantile tenant(s) shall be 30 inches.
(e) 
Wall signs for those multitenant buildings which are not classified as an office building or an office building with additional mercantile use(s). Such multitenant buildings shall be permitted at least one wall sign for each tenant space in accordance with this Subsection B(1)(e). Such wall sign(s) shall not exceed 1.25 square feet for each lineal foot of wall frontage for each tenant space. The total allowable height for the tenants of a multitenant building shall be 30 inches in height unless the multitenant building contains an anchor tenant which occupies the majority of the floor area of such building or has 125 feet or more of wall frontage, in which case the anchor tenant's sign, if it contains multiple lines of letters or contains graphics or a company logo, may utilize no more than two lines of letters (each no more than 30 inches in height) and the total height of the stacked letters, graphics, or logo shall not exceed 60 inches. There may be only one anchor tenant designated per multitenant building.
(f) 
Wall signs for single-tenant buildings which are not classified as an office building or an office building with additional mercantile use(s) or multitenant building. Each such building shall be permitted one wall sign which shall not exceed 1.25 square foot for each lineal foot of wall frontage. The total allowable height for the wall sign shall be a maximum of 30 inches unless such building has 125 feet or more of wall frontage, in which case such wall sign, if it contains multiple lines of letters or contains graphics or a company logo, may utilize no more than two lines of letters (each no more than 30 inches in height) and the total height of the stacked letters, graphics, or logo shall not exceed 60 inches.
(g) 
Wall signs for large single-tenant buildings two stories or greater in height and which have at least one building elevation facing a public street of 250 feet or more in length (when such single-tenant building is not otherwise classified as an office building, or an office building with additional mercantile uses, or a multitenant building), shall be permitted one wall sign with a maximum sign height not to exceed 84 inches, and a maximum total allowable area which shall be calculated by multiplying the linear footage of the wall elevation on which the sign is intended to be installed by 1.50. An additional wall sign may be installed on such a large single-tenant building on a secondary elevation, provided that such sign shall not exceed a maximum height of 36 inches and a maximum total area which shall be calculated by multiplying the linear footage of the wall elevation on which the sign is intended by 1.25. Additional wall signs for buildings described in this subsection may be permitted, if such additional wall sign may be permitted in accordance with Subsections B(1)(b) or B(1)(i).
[Amended 2-2-2015 by Ord. No. 373]
(h) 
Wall signs, including any graphics or logo, shall not exceed the width of the space the use occupies, or exceed 10% of the wall surface to which they are attached.
[Amended 2-2-2015 by Ord. No. 373]
(i) 
Upon buildings which are set back from the main road 35 feet or less (as measured from the road right-of-way) and which have more than 50% of the parking for the use located on the opposite side of the building, a wall sign may also be attached to the wall facing the parking area.
[Amended 2-2-2015 by Ord. No. 373]
(j) 
In order to achieve continuity of sign height and location across the building facade, wall signs on a multitenant building shall be of a size, type, and appearance as any other wall sign attached to the outside of the same building; wall signs for multitenant buildings shall be located within the same horizontal plane area.
[Amended 2-2-2015 by Ord. No. 373]
(k) 
Wall signs shall be located between the heads of windows and doors on the ground floor of the structure and the sills of windows on the second floor, or upon the parapet of a one-story building. When a wall contains no windows, the heads of windows or doors in an adjacent wall shall be used to determine the wall sign's required location. Wall signs utilizing stacked letters, graphics and/or logos may be otherwise located as approved by the Township Code Official.
[Amended 2-2-2015 by Ord. No. 373]
(l) 
Wall signs/corporate logo. When an entity requires signage to include a corporate-type logo on a building, the Board of Supervisors may, in its discretion, authorize the installation of such corporate logo (which may be in excess of the applicable size requirements of this section, provided that a formal request for same is submitted to the Board of Supervisors along with verification that such logo placement is a requirement imposed as a contingency to the continued operation of such entity's business). The maximum sign area shall not exceed 1.25 square feet for each linear foot of wall frontage of the wall upon which the sign is to be installed.
[Amended 2-2-2015 by Ord. No. 373]
(m) 
Wall sign size increase for certain buildings. For buildings that front along Perry Highway (United States Route 19) and are set back 180 feet or more from the road right-of-way, the maximum height of a primary wall sign shall not exceed 36 inches, unless otherwise approved by the provisions of this section.
[Added 2-2-2015 by Ord. No. 373]
(2) 
Ground/monument, freestanding, or pole/pylon signs.
(a) 
Each building is permitted either a ground/monument, freestanding, or pole/pylon sign. There shall be only one ground/monument, freestanding, or pole/pylon sign for each principal structure regardless of the number of businesses conducted within said building.
(b) 
A ground/monument, freestanding, or pole/pylon sign shall only be located in the front yard of a property but no closer to a street pavement than 15 feet, or closer than 20 feet to any intersection provided under all circumstances, that the location does not create a hazard or interfere with traffic visibility, or the safe ingress or egress for motorists because of location on the property or height above the ground and does not interfere with any right-of-way use.
[1] 
Ground/monument signs.
[a] 
Shall be set back no less than 15 feet from the edge of the pavement of the road cartway or berm of the cartway;
[b] 
May be increased in height by one foot for every additional three feet of setback from the road cartway or berm, to a maximum of 10 feet in height;
[c] 
May be increased in size by eight square feet for every additional three feet of setback from the road cartway or berm to a maximum of 100 square feet in size;
[d] 
The foundation of the sign shall not protrude from the ground by more than 24 inches at its highest point above the finished grade;
[e] 
All portions of the foundation extending above ground level shall be completely faced in decorative stone, brick, or similar veneer;
[f] 
Chart for allowable increases:
Setback
(feet)
Height
(feet)
Area
(square feet)
15
5
60
18
6
68
21
7
76
24
8
84
27
9
92
30
10
100
[2] 
Freestanding, pole/pylon signs.
[a] 
A single support structure is permitted, provided that the structure is 30% of the width of the sign face;
[b] 
Except for a single support structure, supporting structures shall not exceed 10% of the width of the sign face;
[c] 
The foundation of the sign shall not protrude from the ground by more than 12 inches at its highest point above the finished grade;
[d] 
All portions of the foundation extending above ground level shall be completely faced in decorative stone, brick, or similar veneer;
[e] 
No portion of the bottom edge of the sign face shall be lower than five feet above the ground;
[f] 
No freestanding or pole/pylon sign shall be affixed to its pole or support structure with chains or cables;
[g] 
Chart for allowable increases:
Setback
(feet)
Height
(feet)
Area
(square feet)
15
10
30
20
14
40
25
18
50
30
22
60
(3) 
Address signs.
(a) 
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property;
(b) 
Address numbers shall contrast with their background;
(c) 
Address numbers shall be alphanumeric style letters, and not Arabic type numerals;
(d) 
Address numbers shall be a minimum of six inches in height and a maximum of 12 inches in height with a minimum stroke width of 1/2 inch.
(4) 
Campus signs.
(a) 
Campus signs may be permitted when a master planned multibuilding development has been approved by the Board of Supervisors to direct patrons to a particular building;
(b) 
When a master planned multibuilding development has been approved by the Board of Supervisors within the Town Center Design Overlay (TCDO) District, one master campus sign may be permitted to identify the master planned multibuilding development. Such master campus sign shall be subject to the following requirements:
[Amended 11-16-2009 by Ord. No. 352]
[1] 
The master campus sign shall be set back a minimum of 30 feet from the edge of the pavement of the road cartway or berm of the cartway;
[2] 
The master campus sign's face shall not exceed 100 square feet;
[3] 
The master campus sign shall contain no more than two sign faces, one per side;
[4] 
Corporate logos are permitted as a part of the master campus sign;
[5] 
The recognized corporate colors may be utilized;
[6] 
The master campus sign may be illuminated as permitted by § 84-121C of this chapter, except that master campus signs may not be internally illuminated;
[7] 
The location of a master campus sign must be approved by the Township prior to any installation;
[8] 
A master campus sign is intended to indicate the main entrance to a master planned multibuilding development;
[9] 
When a secondary vehicular entrance is provided to an approved master planned multibuilding development, a secondary master campus sign shall be permitted at such secondary vehicular entrance. A secondary master campus sign shall be subject to all the requirements for a master campus sign, except the secondary master campus sign shall be no larger than 25 square feet in size.
(c) 
Campus signs within a master planned multibuilding development directing patrons to a particular building shall be subject to the following:
[Amended 11-16-2009 by Ord. No. 352]
[1] 
The sign face of each campus sign shall not exceed six square feet;
[2] 
The campus sign shall contain no more than two sign faces, one per side;
[3] 
No corporate logos are permitted on the campus signs;
[4] 
The recognized corporate colors may be utilized as a background feature;
[5] 
The campus sign shall not be illuminated;
[6] 
The campus sign shall not be a substitute for a traffic control sign;
[7] 
The locations and quantities of campus signs must be approved by the Township prior to any installation;
[8] 
Campus signs are not intended to indicate the entrance or exit to individual establishments.
(d) 
A master campus sign or a secondary master campus sign shall each be only of a monument design type, with minimum letter heights of eight inches.
[Amended 11-16-2009 by Ord. No. 352]
(e) 
All master campus signs or secondary master campus signs shall include landscaped areas adjacent to the sign(s), which shall contain appropriate vegetation and ground cover so as to enhance the visual appeal of the development entrance.
[Amended 11-16-2009 by Ord. No. 352[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection B(4)(f) through (i), which included provisions relating to campus signs.
(5) 
Changeable copy signs, manual.
(a) 
Changeable copy areas may be incorporated into a permitted ground/monument sign, a freestanding pole/pylon sign or marquee sign so long as the changeable copy area is no greater than 25% of the sign face;
(b) 
Manual changeable copy signs shall have a solid background that is darker than the changeable copy.
(6) 
Changeable copy sign, remote.
(a) 
Remote changeable copy areas may be incorporated into a permitted ground/monument sign, a freestanding pole/pylon sign or marquee sign so long as the changeable copy area is no greater than 75% of the sign face;
(b) 
All parts of the sign face, including any message or sign copy must remain stationary for a period of no less that one minute;
(c) 
Light-emitting lamps, devices, cells, or any means of providing the remote copy shall not sequentially change, fade, scroll, flash, dim, or brighten and shall change in unison so as not to produce the illusion of movement.
(7) 
Kiosk (sign).
(a) 
A kiosk and its related signage shall only per permitted within the Traditional Village Overlay (TVO) District, or within the Town Center Core Area (TCCA) of an approved Town Center Planned Residential Development (TC-PRD);
(b) 
The signage contained on a kiosk shall relate to direction to particular establishments or notices of community events;
(c) 
The structure for any kiosk must contain design elements of the area, and shall be approved by the Township prior to erection;
(d) 
The maximum footprint for a kiosk shall be four square feet or less;
(e) 
The maximum height of a kiosk shall be no greater than eight feet;
(f) 
The number of kiosks shall be limited to the number deemed appropriate to convey the desired message;
(g) 
No advertising, other than the name of business establishments of any kind shall be a part of a kiosk sign.
(8) 
Marquee sign. A marquee sign shall comply with the requirements of a wall sign except such wall sign shall be attached to a marquee that is constructed as a part of a building.
(9) 
Outdoor advertising sign (billboard). Outdoor advertising signs shall not be considered a sign regulated by this section. Outdoor advertising signs are regulated by § 84-71 of this chapter.
(10) 
Pathfinder signs.
(a) 
A pathfinder sign is a municipally owned and maintained sign directing traffic to, from, or within a region within the municipality to providing information for a commercial, residential, or industrial development.
(b) 
A pathfinder sign provides the necessary information to facilitate safe and efficient traffic flow and is typically located on a site other than the facility or event to which the sign directs.
(c) 
Pathfinder signs may be permitted in the Township for providing direction to tourist attractions, commercial uses with no visible means of identification along collector roads, public buildings and hospitals under the following conditions:
[1] 
The sign shall contain only the name of the facility and the information or graphic symbols necessary to provide direction to the destination in a safe and efficient manner;
[2] 
The sign shall not contain a message or symbols having advertising value;
[3] 
The sign shall not be internally illuminated;
[4] 
Pathfinder signs shall only be located as approved by the governing body;
[5] 
Pathfinder signs shall only be permitted along collector roads which include: Route 19, Swinderman Road, Route 910, Babcock Boulevard, Wallace Road, and other roads as may be designated by the Board of Supervisors;
[6] 
The sign shall be located so as not to constitute a hazard or interfere with traffic visibility or with safe ingress and egress from any lot, parking area, drive, or street;
[7] 
Pathfinder signs shall be designed in accordance with the Township of Pine specifications.
(11) 
Political signs.
(a) 
Political signs shall be no larger than four square feet per sign.
(b) 
Political shall be promptly removed after the date of the primary or general election for which the signs related. In no case shall political signs remain posted more than three days following the election.
(c) 
Failure to remove political signs within the prescribed time period will result in Township personnel removing said signs and the Township seeking reimbursement for time expended on the sign removal.
(d) 
Political signs shall not be installed so as to limit site distance or create a safety hazard.
(12) 
Projecting sign.
(a) 
Projecting signs shall only be permitted within the Traditional Village Overlay (TVO) District or within the Town Center Core Area (TCCA) of a Town Center Planned Residential Development (TC-PRD).
(b) 
Projecting signs shall not be internally illuminated.
(c) 
The lower edge of a projecting sign shall not be lower than 10 feet above the finished grade.
(d) 
Projecting signs shall not project more than six feet from the building wall.
(e) 
Projecting signs shall not extend higher than the first floor or 15 feet, whichever is less.
(f) 
Projecting signs shall not exceed 10 square feet in sign area.
(13) 
Real estate signs.
[Amended 11-1-2010 by Ord. No. 356]
(a) 
All real estate signs shall be set back a minimum of 15 feet from the edge of the road cartway.
(b) 
The maximum sign area for a residential real estate sign shall be four square feet per side.
(c) 
The maximum sign area for a nonresidential real estate sign shall be 16 square feet per side and may be utilized when an entire vacant parcel or an entire building is for sale or lease. Only one such nonresidential real estate sign may be erected along each road frontage abutting the property which is for sale or lease.
(d) 
The maximum sign area for a nonresidential real estate sign announcing the availability of lease area(s) shall be six square feet per side. Such nonresidential real estate signs must be attached to the property's existing freestanding monument, pole or pylon sign, and be of a style and design consistent with the existing monument, pole or pylon sign. Nonresidential real estate signs announcing the availability of lease area(s) shall not be included in the calculation of the maximum size of monument, pole or pylon sign areas contained elsewhere in this Code.
(e) 
A real estate sign shall only be erected upon the property for sale or lease; off-site real estate signs are prohibited.
(14) 
Safety control signs.
(a) 
A safety control sign may be installed by any federal, state, or local agency designed to protect the public safety according to adopted public safety regulations.
(15) 
Sandwich board sign.
[Amended 11-16-2009 by Ord. No. 352; 11-1-2010 by Ord. No. 356]
(a) 
A sandwich board sign announcing the opening of a new business may be permitted for any newly registered business within the Township. The period of time to display such sandwich board sign shall not exceed 45 days from the date of the opening of such business to the general public.
(b) 
Sandwich board signs announcing the opening of a new business may be placed on or adjacent to a sidewalk along the frontage of the business provided that five feet of sidewalk width remains unobstructed.
(c) 
A sandwich board sign which lists the daily menu options for restaurant uses shall be permitted for restaurants with their own direct entrance to/from a sidewalk or parking area.
(d) 
Sandwich board signs for restaurant uses may be placed on or adjacent to a sidewalk within 12 feet of the main entrance to the restaurant, provided that five feet of sidewalk width remains unobstructed and such sign does not impede or diminish the required fire exit discharge areas.
(e) 
Only one sandwich board sign is permitted per business.
(f) 
The maximum size of a sandwich board sign is six square feet.
(g) 
All sandwich board signs shall be securely anchored so as not to create a hazard should the sign become dislocated from its intended location.
(16) 
Site development sign.
(a) 
A single site development sign not exceeding 48 square feet announcing the erection of a building, the architect, and/or contractor(s) may be erected after final municipal approval, and may be maintained during the construction period.
(b) 
Following completion of construction the sign shall be immediately removed.
(17) 
Temporary signs.
(a) 
The maximum area of a temporary sign shall not exceed 32 square feet.
(b) 
Only one temporary sign is permitted per property.
(c) 
Temporary sign permits shall be valid for a maximum of 30 days, after which the temporary sign must be removed.
(d) 
Only one temporary sign shall be permitted per calendar year.
(e) 
Temporary signs shall be a minimum of 15 feet from the edge of the cartway or paved berm.
(f) 
Temporary signs shall not be attached to a utility pole, trees, any traffic control sign.
(g) 
Temporary signs shall not be illuminated.
(h) 
Temporary signs shall be adequately secured to the ground or building.
(i) 
Signs otherwise prohibited by the Township Code are not eligible for permitting as a temporary sign.
(j) 
Applicants for temporary signs shall submit the required temporary sign permit fee with the appropriate application and required submission information. The application fee shall be held by the Township and shall thereafter be returned to the applicant if the temporary sign is promptly removed upon expiration of its permit period.
[Added 11-16-2009 by Ord. No. 352]
(18) 
Time-and-temperature signs.
(a) 
Time-and-temperature signs may be incorporated into a sign permitted elsewhere by this section.
(b) 
The maximum number or letter size shall be 12 inches
(c) 
The display shall not change more frequently than once every six seconds.
(19) 
Traffic control signs. A traffic control sign may be installed by any federal, state, or local agency designed to protect the public safety according to adopted public safety regulations.
(20) 
Window signs.
(a) 
A window sign shall be permitted to be installed on the inside of the window only.
(b) 
Window signs shall not cover more than 50% of the glazing of any window.
(c) 
The copy of a window sign shall be designed to communicate information about an activity, business, community event, or a sale or service offered.
(d) 
Window signs shall not be permanently affixed to a window or windowpanes.
(21) 
Prohibited signs. The following signs are prohibited within the Township of Pine:
(a) 
Advertising vehicle;
(b) 
Awning sign;
(c) 
Banners;
(d) 
Canopy sign;
(e) 
Flashing sign;
(f) 
Moving/animated sign;
(g) 
Off-premises sign;
(h) 
Pennant/streamer;
(i) 
Portable sign;
(j) 
Projection sign;
(k) 
Roof sign;
(l) 
Three-dimensional sign or display;
(m) 
Any other sign not specifically permitted by this section.
(22) 
Menu board signs.
[Added 11-16-2009 by Ord. No. 352]
(a) 
A menu board sign may be permitted for a particular use when a component of the use involves a vehicular drive-up or drive-through service, and such use dictates a need for the menu of services provided by the business.
(b) 
Proposed menu board signage shall be included as a part of the land development application and its review and approval process.
(c) 
When menu board signage contains speakers to convey dialogue or instruction, the volume specifications for such speakers shall be in accordance with the noise limitations contained within this chapter and so as not to create a noise disturbance to any adjacent use.
(d) 
Freestanding menu board signs shall be subject to the following:
[1] 
Only one freestanding menu board sign shall be permitted.
[2] 
Freestanding menu board signs may not exceed 50 feet square feet and in size and may contain signage on one side only;
[3] 
Freestanding menu board signage may be illuminated only as permitted by § 84-121 C of this chapter;
(e) 
Wall-mounted menu board signage shall be subject to the following:
[1] 
Wall-mounted menu board signage may be permitted in the number needed to convey the menu of services to each of the locations deemed necessary;
[2] 
Wall-mounted menu board signs may not exceed six square feet in size and may contain signage on one side only;
[3] 
Wall-mounted menu board signage may be illuminated as permitted by § 84-121C of this chapter.
C. 
Illumination.
(1) 
In addition to the requirements of § 84-121, all signs may be illuminated by a light source so placed so as not to cause confusion or hazard to traffic or conflict with traffic control signs or lights. Lighting shall be so arranged so that the source of the light is not visible from any point off the lot and so that only the sign is directly illuminated.
(2) 
The illumination from any sign shall not cause any reflection or glare upon a public street, highway, sidewalk, or adjacent property.
(3) 
Sources of all illumination shall be hidden or shielded from view.
(4) 
If a sign is internally illuminated at least 75% of the sign face must be opaque.
(5) 
Signs consisting of individual letters that are internally illuminated must be illuminated through backlighting or silhouette lighting, or the face of the individual letters must be 75% opaque.
(6) 
Wall signs on buildings that are set back more than 100 feet from the road right-of-way may be internally illuminated and exempted from the backlighting requirement, provided that the source of the illumination is not visible. The face of the sign shall be of sufficient opacity to shield the light source.
(7) 
No sign shall utilize flashing or moving lights, or stationary lights that create the illusion of movement.
(8) 
Exposed tube-style lighting shall not blink, flash, move, or give the visual impression of movement.
(9) 
Exposed tube-style lighting shall not be used to outline or highlight a building or any portion of a building or structure unless approved as an architectural element of the building design and as such is not considered a sign.
(10) 
Awnings or translucent canopies shall not be illuminated from the underside of the awning or canopy by the direction of the light toward the underside of the awning or canopy. Individual awnings which have been installed over windows may be illuminated from the exterior by gooseneck (or other architectural effect) lighting directed over the exterior of the awning (if such illumination is provided as an architectural component of the building).
[Added 11-16-2009 by Ord. No. 352]
D. 
Additional standards.
(1) 
All signs shall comply with the applicable provisions of the local building code and the National Electric Code.
(2) 
There shall be no more than one freestanding, pole/pylon sign or one ground/monument permitted for any one building on any one site.
(3) 
There shall be no more that one wall sign, one projecting sign, or one marquee sign permitted for any one building.
(4) 
No sign shall be attached to a tree, utility pole, or otherwise affixed to anything other than an approved sign support structure.
E. 
Permits.
(1) 
No permanent or temporary sign shall be erected until the owner, occupier, or the applicant has made an application for the same, paid the fees, in accordance with the current fee schedule, and received a permit for the erection of the sign.
(2) 
A separate permit shall be required for the erection of any sign regulated by this chapter, except that no permit shall be required for the sale or lease of property provided that the sign is four square feet or less.
(3) 
The erector of political placards or signs or an authorized agent of the political party or candidate shall apply and obtain a permit from the Township. The permittee shall be responsible to remove all signs within three days following the election for which the signs were erected.
(4) 
Applications for a sign permit shall include:
(a) 
A scaled drawing showing the design proposed, showing the size, character, and color(s) of the proposed sign. The drawing shall be sealed by a professional registered in the State of Pennsylvania;
(b) 
A scaled drawing showing the parcel of land for any proposed freestanding, pole/pylon sign or ground/monument sign and the exact location, including dimensions, of the proposed location for the sign. The drawing shall be sealed by a professional registered in the State of Pennsylvania;
(c) 
An illumination plan showing the proposed method of illumination of the sign;
(d) 
A digital photograph depicting the existing surroundings and the proposed sign depicted in the photograph.
F. 
Maintenance of signs.
(1) 
Signs shall be maintained in a safe and secure condition, in compliance will all applicable building and electrical codes, and in conformance with this code.
(2) 
Any lawfully existing nonconforming sign cannot be enlarged, reworded, redesigned, or altered in any way, except to bring the sign into conformance with the requirements of this article.
(3) 
Any sign replacing a nonconforming sign shall conform to the requirements of this section.

§ 84-122 Site restoration after clearing and construction.

A. 
All lands, regardless of their slope, from which structures or natural cover has been removed or otherwise destroyed shall be appropriately finished and seeded and revegetated in accordance with the provisions of Chapter 78, § 78-43 of the Township of Pine Code, within a reasonable time of such clearing activity.
B. 
In the case where natural cover has been removed incidental to imminent development, the finishing and seeding shall not be required until grading and construction are completed.
C. 
In all cases where replacement of cover cannot be accomplished immediately upon completion of clearance activities, erosion and sedimentation control measures required by the Township Grading Chapter[1] during clearance and construction shall be maintained on the site until the replacement of cover can be accomplished.
[1]
Editor's Note: See Ch. 48, Excavations and Grading.

§ 84-123 Solar energy structures.

A. 
A solar energy structure may be installed on an existing roof, provided such structure shall not encroach into any required yard.
B. 
The solar energy structure shall be located a minimum of 20 feet from any property line.
C. 
Such a structure may be mounted on the roof provided it has a maximum height of four feet above the roof line as measured from the highest point of the roof for flat roofs, the deck line of mansard roofs, or the mean height between eaves and ridge for gable, hip and gambrel roofs.
D. 
No solar energy structure may be installed before securing a building or construction permit.

§ 84-124 Steep slope controls.

Any portion of any lot or tract that has a natural slope or finished slope after grading in excess of 25% shall be considered a steep slope area and shall be subject to the following regulations.
A. 
Slopes in excess of 40%.
(1) 
Slopes in excess of 40% shall not be disturbed by grading, construction, or removal of vegetation, other than the removal of dead or diseased trees or other vegetation.
(2) 
All applications shall be accompanied by a certification from a registered civil engineer that slopes in excess of 40% shall not be disturbed in accordance with this subsection.
(3) 
This provision, if acceptable to the Township Engineer, may be waived if such slope is found to be a localized, isolated slope condition that is not environmentally sensitive or unstable (such as a previous man-made earth fill condition) and/or is necessary for installation of utility lines.
B. 
Slopes of 25% to 40%.
(1) 
Slopes in excess of 25% but less than 40% may be altered, provided that the alteration is no greater than 60% of the slope area and is performed in compliance with the specifications of Chapter 48, Excavations and Grading, of the Code of the Township of Pine.
(2) 
Any application which proposes cutting or filling of natural slopes which are in excess of 25% slope shall be accompanied by a geotechnical report and a certification by a registered soils engineer regarding the feasibility of the proposed grading, the stability of the finished slopes, measures to mitigate landslides, soil erosion, sedimentation and stormwater runoff and potential impacts on adjacent properties. The consultant selected to prepare the geotechnical report shall have credentials acceptable to the Township, and the cost of preparation of the report shall be borne by the applicant.
(3) 
The portion of a lot or tract which has a finished slope in excess of 25% shall be used only for any of the following permitted uses:
(a) 
Parks or other public or private outdoor recreational uses, if authorized in the zoning district.
(b) 
Permanent open space and/or required buffer yards.
(c) 
Agriculture, tree farming, or forestry, if authorized in the zoning district.
(d) 
Any use authorized as a permitted use or conditional use in the zoning district in which the property is located, provided that the required minimum lot area shall comply with the requirements of Article III and that the existing slope in the area where the structure is proposed is less than 25% and that any alteration of the existing slope for construction of any building complies with Subsection § 84-124B above.
C. 
Any request for a variance to the steep slope requirements of this chapter or any proposed construction or grading on land which has a slope in excess of 25% authorized by § 84-124B above shall be accompanied by a statement from a registered civil engineer certifying the feasibility of the proposed construction or grading and the precautions recommended to protect foundations, preserve watersheds and protect soil stability. A certification of the structural integrity of the foundation shall be provided by the same registered civil engineer upon completion of the foundation.
D. 
The slope of driveways serving single-family or attached single-family dwellings shall not exceed 15%.
E. 
Where evidence exists of undermining or other geologic hazards on the site, the applicant shall submit support information that shall discuss the relationship between the geologic hazards on the site and the stability of the natural slopes and the finished slopes resulting from any proposed alteration performed in compliance with Chapter 48, Excavations and Grading.
F. 
All slopes from which cover has been removed in compliance with the provisions of this section shall be restored with permanent seeding and shall be revegetated in accordance with the requirements of Chapter 78, § 78-43 of the Township of Pine Code.

§ 84-125 Stormwater management.

[Amended 9-15-2008 by Ord. No. 345; 2-2-2015 by Ord. No. 373]
Stormwater management facilities shall be provided for subdivisions, land developments, planned residential developments, and all activities that increase the amount of impervious area and shall be designed to ensure that the maximum rate of stormwater runoff from the site shall be no greater after development than the rate of runoff from the site prior to development, and be subject to release rates within the Pine Creek or applicable watershed.
A. 
Statement of findings. The Board of Supervisors of the Township of Pine finds that:
(1) 
Stormwater runoff from lands modified by human activities threatens public health and safety by causing decreased infiltration of rainwater and increased runoff flows and velocities, which overtax the carrying capacity of existing streams and storm sewers, and greatly increases the cost to the public to manage stormwater.
(2) 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
(3) 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth.
(4) 
Inadequate maintenance of stormwater facilities contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, increases the cost of public facilities to carry and control stormwater, undermines flood plain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases pollution of water resources.
(5) 
Stormwater is an important water resource, which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
(6) 
Federal and state regulations require certain municipalities to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES). Permittees are required to enact, implement, and enforce a prohibition of nonstormwater discharges to the permittee's regulated small municipal separate storm sewer systems (MS4s).
B. 
Purpose. The purpose of this section is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in this section, through provisions designed to:
(1) 
Manage stormwater runoff impacts at their source by regulating activities that cause the problems.
(2) 
Provide review procedures and performance standards for stormwater planning and management.
(3) 
Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.
(4) 
Maintain existing flows and quality of streams and watercourses.
(5) 
Implement an illegal discharge detection and elimination program to address nonstormwater discharges into the Township's separate storm sewer system.
C. 
Statutory authority. The Township also is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, The Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
Applicability. All activities related to proper operation and maintenance of approved stormwater management BMPs and all activities that may contribute nonstormwater discharges to a regulated small MS4 are subject to regulation by this section.
E. 
Repealer. Any other provision(s) or provision of the Code of the Township of Pine or regulation of the Township inconsistent with any of the provisions of this § 84-125 are hereby repealed to the extent of the inconsistency only.
F. 
Severability. In the event that any provision of this § 84-125 is declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of such section.
G. 
Compatibility with other requirements. Actions taken under this section do not affect any responsibility, permit or approval for any activity regulated by any other code, law, regulation, or ordinance.
H. 
Definitions applicable to this section. As used in this section, the following terms shall have the meanings indicated:
ACCELERATED EROSION
The removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone.
AGRICULTURAL ACTIVITY
Activities associated with agriculture such as agricultural cultivation, agricultural operation, and animal heavy use areas. This includes the work of producing crops including tillage, land clearing, plowing, disking, harrowing, planting, harvesting crops or pasturing and raising of livestock and installation of conservation measures. Construction of new buildings or impervious area is not considered an agricultural activity.
APPLICANT
A landowner, developer or other person who has filed an application for approval to engage in any regulated earth disturbance activity at a project site in the Township.
BEST MANAGEMENT PRACTICE (BMP)
Activities, facilities, designs, measures, or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge, and to otherwise meet the purposes of this section. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this section, nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.
DEP
The Pennsylvania Department of Environmental Protection.
DESIGN STORM
The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a five-year storm) and duration (e.g., 24 hours) used in the design and evaluation of stormwater management systems.
DEVELOPER
A person that seeks to undertake any regulated earth disturbance activities at a project site in the Township.
DEVELOPMENT
See "earth disturbance activity." The term includes redevelopment.
DEVELOPMENT SITE
The specific tract of land where any earth disturbance activities in the Township are planned, conducted or maintained.
EARTH DISTURBANCE ACTIVITY
A construction or other human activity which disturbs the surface of the land, including, but not limited to: clearing and grubbing; grading; excavations; embankments; road maintenance; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.
EROSION
The process by which the surface of the land, including channels, is worn away by water, wind, or chemical action.
EROSION AND SEDIMENT CONTROL PLAN
A plan for a project site which identifies BMPs to minimize accelerated erosion and sedimentation.
FOREST MANAGEMENT/TIMBER OPERATIONS
Planning and activities necessary for the management of forestland. These include conducting a timber inventory, preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation, and reforestation.
GROUNDWATER RECHARGE
Replenishment of existing natural underground water supplies.
HYDROLOGIC SOIL GROUP
Infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSGs (A, B, C, and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The NRCS defines the four groups and provides a list of most of the soils in the United States and their group classification. The soils in the area of the development site may be identified from a soil survey report that can be obtained from local NRCS offices or conservation district offices. Soils become less pervious as the HSG varies from A to D.
IMPERVIOUS SURFACE
A surface that prevents the infiltration of water into the ground. Impervious surface includes, but is not limited to, any roof, parking or driveway areas, and any new streets and sidewalks. Any surface areas designed to initially be gravel or crushed stone shall be assumed to be impervious surfaces.
LAND DEVELOPMENT
Inclusive of any or all of the following meanings:
(1) 
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(a) 
A group of two or more buildings; or
(b) 
The division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features;
(2) 
Any subdivision of land;
(3) 
Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.
MUNICIPALITY
The Township of Pine, a municipality located in Allegheny County, Pennsylvania.
NPDES
National Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act,[2] which is delegated to DEP in Pennsylvania.
OUTFALL
"Point source" as described in 40 CFR 122.2 at the point where a storm sewer system discharges to surface waters of the commonwealth.
PERSON
An individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
POINT SOURCE
Any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, or conduit from which stormwater is or may be discharged, as defined in state regulations at 25 Pa. Code § 92.1.
PROJECT SITE
The specific area of land where any regulated earth disturbance activities in the Township are planned, conducted or maintained.
QUALIFIED PERSON or QUALIFIED PROFESSIONAL
Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this section.
REDEVELOPMENT
Earth disturbance activities on land which has previously been disturbed or developed.
REGULATED EARTH DISTURBANCE ACTIVITY
Earth disturbance activity one acre or more with a point source discharge to surface waters or the municipality's storm sewer system, or five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part, or during any stage of, a larger common plan of development. This only includes road maintenance activities involving 25 acres or more or earth disturbance.
ROAD MAINTENANCE
Earth disturbance activities within the existing road cross-section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.
RUNOFF
That part of precipitation that flows off the land without filtering into the soil.
SECTION
Section 84-125 of the Code of the Township of Pine.
SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying stormwater runoff.
STATE WATER QUALITY REQUIREMENTS
The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law.
STORMWATER
Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
STORMWATER MANAGEMENT PLAN
The Pine Township Stormwater Management Ordinance for managing stormwater runoff adopted by the County of Allegheny as required by the Act of October 4, 1978, P.L. 864, (Act 167), as amended, and known as the "Storm Water Management Act.[3]"
STORMWATER MANAGEMENT SITE PLAN
The plan prepared by the developer or his representative indicating how stormwater runoff will be managed at the development site in accordance with this section. "Stormwater management site plan" will be designated as "SWM site plan" throughout this section.
TOWNSHIP
The Township of Pine, a municipality located in Allegheny County, Pennsylvania.
TOWNSHIP'S STANDARD DETAILS
The most recent construction specifications adopted by the Township of Pine and contained in Chapter 70 of the Code of the Township of Pine.
WATERCOURSE
A channel or conveyance of surface water, such as a stream or creek, having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED
Region or area drained by a river, watercourse or other body of water, whether natural or artificial.
WATERS OF THIS COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.
[2]
Editor's Note: See 33 U.S.C; § 1251 et seq.
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
I. 
General standards. The following provisions shall be considered the overriding performance standards against which all proposed stormwater control measures shall be evaluated:
(1) 
Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety and other property. Such measures shall include, but not be limited to, such actions as are required to:
(a) 
Assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities.
(b) 
Manage the quantity, velocity and direction of resulting stormwater runoff in a manner which will not adversely impact the health on, or value of, any affected properties and in accordance with the Pennsylvania Clean Streams Law.
(2) 
Design storms.
(a) 
Stormwater management detention/retention facilities within a development shall be designed to handle the peak rate of runoff from one-, two-, five-, ten-, twenty-five-, fifty-, and one-hundred-year frequency storm events. Whenever the provisions of federal or state law impose a greater design storm frequency, as for example, where drainage systems cross highways, the stricter standards shall prevail.
(b) 
All stormwater retention/detention facilities shall be designed with emergency overflow facilities for the one-hundred-year, twenty-four-hour duration storm.
(c) 
The stormwater volume required for all stormwater retention/detention facilities shall be that volume necessary to handle runoff of a one-hundred-year storm in any development, less that volume discharged during the same storm period used to calculate the volume of rainfall, at the approved release rate.
(d) 
The SCS, Type II Rainfall distribution shall be used for all analyses. The design storm frequencies for the watershed are:
Design Storm
Rainfall Depth 24 Hours
(inches)
1 year
1.97
2 year
2.35
5 year
2.88
10 year
3.30
25 year
3.90
50 year
4.40
100 year
5.20
(3) 
The stormwater management plan shall consider all of the stormwater runoff flowing over the project site. Runoff calculations shall be made to insure that runoff from the fully developed upstream watershed area (based on the Township's Comprehensive Land Use Plan) can be accommodated by the pipes, drainage easements and watercourses, etc., on the site.
(4) 
Joint development of control systems. Stormwater control systems may be planned and constructed in coordination with two or more developments, provided they are in compliance with the applicable provisions of this section.
(5) 
Method of computation. All computations used in conjunction with the analysis and design of stormwater management facilities shall be based on one or more of the following methods:
(a) 
TR-55 - Soil Conservation Service Technical Release No. 55.
(b) 
TR-20 - Soil Conservation Service Technical Release No. 20.
(c) 
Modified rational method.
(d) 
Penn State runoff model.
(e) 
Virginia Tech/Penn State runoff model. These methods for determining peak discharge shall be used to:
[1] 
Determine predevelopment runoff conditions;
[2] 
Analyze the impact of development and compute the increase in runoff after development; and
[3] 
Perform calculations in the design of any detention/retention facilities used in controlling runoff.
[a] 
These methods of runoff computation developed and used by the Soil Conservation Service and other authorities are hereby adopted by the Township.
[b] 
The use of the Basic Rational Method in estimating runoff may be employed in the design of the storm sewer system within the development. The storm sewer system shall be interpreted as the conduits, culverts, inlets, and appurtenant features for the conveying of stormwater to, through, or from a development site to the point of final discharge or control facility. The Rational Method shall not be used in the analysis of stormwater runoff from the development in its entirety or in conjunction with the design of any retention/detention facilities or other runoff control measures.
(6) 
Release of detained stormwater. The approved peak release rate of stormwater from all retention/detention facilities for any storm event shall be that which is experienced prior to development for the same storm event up to and including the one-hundred-year storm. Therefore, all retention/detention facilities shall provide staged release of the one-, two-, five-, ten-, twenty-five-, fifty- and one-hundred-year storms.
(7) 
Design of stormwater management facilities outlined in the plan requires that runoff calculations be made for the site and areas, which contribute drainage to the site. These calculations should be based on land use, time of concentration, and other standard aspects of hydraulic analysis.
(a) 
Temporary control measures/facilities. Runoff calculations of the site's condition during development will be used to size temporary control measures.
(b) 
Permanent control measures/facilities. Permanent control measures/facilities shall be designed to assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities, utilizing the one-hundred year storm as a basis for calculations. Storm sewer systems may be designed for the twenty-five-year storm provided that the runoff will naturally drain to the detention facility; otherwise, the storm sewer system must be designed for the one-hundred-year storm event. Runoff calculations must be made to insure that runoff from the fully developed upstream watershed area (based on the Township's or Allegheny County's Comprehensive Land Use Plan) can be accommodated by the pipes, drainage easements, watercourses, etc., on the site as well as those downstream of the site to a point of permanent stream discharge. Where downstream facilities are not adequate to convey flow, reduced release rates shall be considered and utilized.
(8) 
Runoff calculation shall also include complete hydrology and hydraulic analysis of all downstream swales and pipe facilities to permanent stream discharge point as well as all erosion control facilities. Analysis shall include, but not be limited to:
(a) 
Computation of hydraulic and energy gradelines. Velocities of flow, slopes, capacity and roughness coefficient of conduits and grassed waterways.
(b) 
Capacity of sediment basins and permanent holding ponds.
(c) 
All drainage facilities shall be designed to contain the energy gradeline for the peak flow rate for the design storm within the structure a minimum of two feet below the surface elevation. The hydraulic grade line must be within the pipe. Swales and channels shall provide at least one foot of freeboard above the energy gradeline. Backwater effects of pipes discharging under surcharge conditions shall be included.
(9) 
Single-family lots.
(a) 
Retention facilities shall be constructed for all single-family lot developments or single-family lots located in land developments, which for terrain reasons cannot utilize the development's retention systems. Retention facilities shall consist of gravel filled sumps, ponds, tanks or other approved facilities, sized in accordance with standard details in the Township Construction Standards. Refer to Figures SWM 6, 6-A and 7 for minimum volume size per single residence roof area.
(b) 
Storage volumes for roof areas greater than 5,000 square feet shall be calculated using the methods outlined in this section.
(c) 
All stormwater retention facilities shall be located at least 10 feet from foundation walls in a location approved by the Township. All pipe from roof drains to a point 10 feet from the structure shall be a minimum Schedule 40 PVC pipe or approved equal.
(10) 
Easements. Easements for stormwater management facilities shall be required to have a minimum width of 20 feet. Where a subdivision or land development is, or will be, traversed by a watercourse, there shall be provided a stormwater or drainage easement of a width sufficient for the purpose, but not less than 20 feet. The stormwater detention facilities must be provided within a drainage easement. An access easement must be provided from the public right-of-way to the stormwater detention facility with a minimum width of 20 feet.
(a) 
Operation and management plans for stormwater management approved pursuant to 25 Pa. Code § 102 after the date of this section shall be recorded as a restrictive deed covenant that runs with the land.
(b) 
If a conservation easement is provided the long-term ownership, access, maintenance, and use restrictions must be identified on the recording plan.
(11) 
Flood-prone areas. Land identified as flood-prone on maps issued by the Federal Insurance Administration shall be subject to the regulations of the National Flood Insurance Program and shall comply with the provisions of the Code of the Township of Pine governing floodplains.
(12) 
Stormwater detention facilities.
(a) 
If detention facilities are utilized for the development site, the facility shall be designed such that the post-development peak runoff rates from the development site are controlled to those rates defined by the subarea release-rate percentage or no-harm evaluation for the one-, two-, five-, ten-, twenty-five-, fifty-, and one-hundred-year design storms. Except, however, where downstream flooding problems exist, the Township may impose additional reduced release-rate criteria. Detention facilities shall drain within 24 to 72 hours from the end of the storm event.
(b) 
All detention facilities shall be equipped with multistage outlet structures to provide discharge control for the one-, two-, five-, ten-, twenty-five-, fifty-, and one-hundred-year storm frequencies. Provisions shall also be made for safely passing the post-development one-hundred-year storm runoff flows without damaging (i.e., impairing the continued function of) the facilities.
(c) 
Shared-storage facilities, which provide detention of runoff for more than one development site, may be considered within a single subarea. Such facilities shall meet the design criteria contained in this section. In addition, runoff from the development sites involved shall be conveyed to the facility in a manner so as to avoid adverse impacts, such as flooding or erosion, to channels and properties located between the development site and the shared-storage facility.
(d) 
Where detention facilities will be utilized, multiple-use facilities, such as lakes, ballfields, or similar recreation uses, are encouraged wherever feasible.
(e) 
Other considerations which should be incorporated into the design of the detention facilities include:
[1] 
Inflow and outflow structures shall be designed and installed to prevent erosion, and bottoms of impoundment-type structures should be protected from soil erosion.
[2] 
Control and removal of debris, both in the storage structure and in all inlet or outlet devices, shall be a design consideration.
[3] 
Inflow and outflow structures, pumping stations and other structures shall be protected and designed to minimize safety hazards.
[4] 
The water depth of a storage pond shall be limited to that which is safe for children. Otherwise, appropriately landscaped fencing at least four feet in height shall be required.
[5] 
Side slopes of storage ponds shall not exceed a ratio of 3:1 horizontal to vertical dimension.
[6] 
Landscaping shall be provided for the facility, which harmonizes with the surrounding area.
[7] 
The facility shall be located to facilitate maintenance, considering the frequency and type of equipment that will be required.
[8] 
Detention ponds shall be designed to be integrated into the overall site design and incorporate landscaping features, fountains and passive recreational amenities such as benches and pathways to provide an aesthetic and functional facility that fits within the character of the Township.
[a] 
When aesthetic and passive recreational amenities are incorporated into the design of the detention pond, the detention pond may be calculated as a part of the required open space as required elsewhere in this chapter.
[b] 
Side slopes of such detention ponds shall not exceed a ratio of four-to-one horizontal to vertical dimension.
[9] 
Infiltration best management practices (BMPs) shall be spread out and shallow as much as practicable.
J. 
Additional requirements.
(1) 
In conjunction with meeting the requirements of this section, the applicant shall refer to and meet all conditions and requirements set forth in the provisions of § 84-125.1 of the Code of the Township of Pine regulating municipal separate storm sewer systems ("MS4s") prohibited discharge.
K. 
Design calculations and reports.
(1) 
Stormwater runoff and design calculations shall be submitted to the Township Engineer for review and to the Board of Supervisors for approval with the application for preliminary and/or final approval of a subdivision, land development, or any other activity that require stormwater management. Plans, profiles, cross sections reports and/or specifications showing complete construction details shall be submitted with the application for final approval.
(2) 
The stormwater runoff and design calculations, plans and reports shall be prepared, signed, and sealed by a Pennsylvania-registered engineer with qualifications and experience in preparing stormwater management plans.
(3) 
Additional analysis, calculations and design criteria may be required for both on-site and off-site stormwater systems where it has been determined by the Township Engineer that further study is necessary.
(4) 
Upon request by the Township Engineer, stormwater runoff calculations shall be provided for: the outlet and inlet sides of all stormwater drainage and storage facilities and structures; at points in a public street with a change of grade; or where water from a proposed structure, facility or vehicular way is to enter an existing public street, existing storm sewer, existing drainage ditch or existing stormwater storage facility.
L. 
Exemptions for small developments.
(1) 
At the time of application, the Township shall determine if the development qualifies as a "small development" and, therefore, is eligible for a simplified stormwater plan submission. For the purposes of this section, a small development is:
(a) 
Any development which results (or will result when fully constructed) in the creation of 5,000 square feet or less of impervious surface area.
(2) 
A small development shall be exempt from the preparation of a stormwater management plan, pursuant to the Pennsylvania Municipalities Planning Code. However, such developments shall provide safe management of stormwater in accordance with the performance standards of this section and as approved by the Township.
(3) 
Application for small developments shall include a plan, which describes, narratively and graphically, the type and location of proposed on-site stormwater management techniques or the proposed connection to an existing storm sewer system. Depending upon actual site conditions, the number of lots proposed and similar considerations, the Township shall determine if the plan must be prepared by a registered professional engineer.
(4) 
The Township Engineer shall review and the Township shall approve the proposed provisions for stormwater management for small developments. Where the applicant is proposing to connect to an existing storm sewer, the applicant's engineer shall determine that sufficient capacity exists in the storm sewer from the point of connection to the point of outlet in the natural drainage system. The Township shall also determine if the proposed development site is part of a larger parcel or tract, which was subject to any specific stormwater management controls contained in a prior plan.
(5) 
For a parcel or tract of land held in single ownership, only one application for a small development, as defined above, shall be permitted before requiring a stormwater management plan for the entire parcel. A project cannot be phased to circumvent the stormwater requirements by using the exemption for small developments.
M. 
Stormwater plan content. The stormwater management plan for all developments except small developments, as defined in Subsection L above, shall consist of the following three components:
(1) 
Narrative report. The narrative report shall consist of a general statement of the project giving the purpose and engineering assumptions and calculations for control measures and facilities. The following information shall be included.
(a) 
General description of the project.
(b) 
General description of accelerated runoff control plan.
(c) 
General description of erosion and sedimentation control plan.
(d) 
Expected project time schedule, including anticipated start and completion dates.
(e) 
Location and watershed characteristics.
(f) 
Hydraulic and hydrologic calculations, methodology, and basis of design. Computation of hydraulic and energy gradelines shall be included. All drainage facilities shall be designed to contain the energy gradeline for the peak flow rate for the design storm within the structures and pipes. Swales and channels shall provide at least one foot of freeboard above the energy gradeline.
(g) 
Brief soils description.
(h) 
A list of the permits and approvals relative to stormwater management that will be required from other governmental agencies and anticipated dates of submission and receipt. Copies of the applications must be submitted to the Township.
(2) 
Preliminary plan. The preliminary plan shall provide, and be accompanied by, maps and other descriptive material indicating the feasibility of the plan and showing the following:
(a) 
A key map showing the development site's location within the designated watershed and subwatershed (consult watershed stormwater plans for boundaries). On all site drawings, show the boundaries of the watershed(s) and subarea(s) as they are located on the development site and identify the watershed names and/or subwatershed numbers.
(b) 
Location of the one-hundred-year floodplain on the development site based on the Township of Pine Flood Insurance Study Maps or a determination by the applicant's engineer.
(c) 
An overlay showing soil types and boundaries within the development site.
(d) 
The streets, storm sewers and other storm drains to be built, the basis of their design, the outfall and outlet locations and elevations, the receiving stream or channel and its high water elevation and the functioning of the drains during high water conditions.
(e) 
The areas of the proposed parking pavements, if any, which are planned to be depressed to provide stormwater storage or conveyance. A maximum of six inches depth of water may be ponded in a proposed parking area, provided it is documented that such ponding does not affect the health, safety, or welfare of those persons using the property.
(f) 
Existing streams and watercourses to be maintained and new channels to be constructed, their locations, cross-sections, and profiles.
(g) 
Proposed culverts and bridges to be built, if any, their materials, elevations, waterway openings, and basis of design.
(h) 
Existing detention ponds and basins to be maintained, enlarged, or otherwise altered and new ponds or basins to be built and the basis of their design.
(i) 
The approximate location and percentage of the total land area in the development, which will be covered by impervious surfaces after construction is completed.
(j) 
The slope, type, and size of all proposed and existing storm sewers and other waterways.
(k) 
Existing contours at intervals of two feet must be provided, including elevations, watercourses, trees, and other significant natural features.
(l) 
All existing buildings, sewers, waterlines, and other significant man-made features.
(m) 
All natural features, including bodies of water (natural and artificial), watercourses (permanent and intermittent), swales, wetlands and other natural drainage courses on the development site and those off-site which will be affected by runoff from the development.
(n) 
Approximate depth, shape, size, and storage of any proposed retention facility.
(o) 
One or more typical cross-sections of all existing and proposed channels or other open drainage facilities, showing the elevation of the existing land and the proposed changes thereto, together with the high water elevations expected from the one-hundred-year storm under the controlled conditions called for by this chapter and the relationship of structures, streets and other utilities.
(p) 
A site plan showing the property lines, dimensions of the site, and location of existing and proposed structures, sewers, waterlines, easements and rights-of-way.
(q) 
Certification of the registered professional engineer responsible for preparation of the plan.
(3) 
Final plan. Upon approval of the preliminary plan, the final plan shall be submitted to the Township. The final plan shall provide all descriptive material and maps previously submitted and required prior to the final plan, in addition to the following items:
(a) 
All calculations, assumptions, and criteria used in the design of the storm sewer system, detention facilities, and sediment and erosion control operations. Hydraulic and energy grade lines shall be provided for both the existing and proposed storm sewers to evaluate the storm system.
(b) 
All plans and profiles of proposed storm sewers and open channels, including horizontal and vertical controls, elevations, sizes, slopes, and materials. All drainage facilities shall be designed to contain the energy gradeline for the peak flow rate for the design storm within the structures and pipes. Swales and channel shall provide at least one foot of freeboard above the energy gradeline.
(c) 
Locations, dimensions, and design details required for the construction of all facilities.
(d) 
For all detention basins, a plot or tabulation of storage volumes with corresponding water surface elevations and basin outflow rates for those water surface elevations.
(e) 
For all detention basins, design hydrographs of inflow and outflow for the peak design flows from the site under natural and developed conditions.
(f) 
A description of operation for all detention basins.
(g) 
Contours of the finished project site at intervals of two feet.
(h) 
The staging of earthmoving activities and program of operation, including a schedule for the installation of all temporary and permanent stormwater control measures and devices.
(i) 
All information relative to the design and operation of emergency spillways.
(j) 
Emergency routing of outfall for stormwater runoff in the event of failure of off-site drainage structures.
(k) 
When major control facilities, such as retention basins, requiring a PA DEP permit, are planned, soil structures and characteristics shall be investigated. Plans and data prepared by a licensed professional engineer with experience and education in soil mechanics shall be submitted. These submissions should consider and offer design solutions for frost heave potential, shrink/swell potential, soil bearing strength, water infiltration, soil settling characteristic, fill and backfilling procedures and soil treatment techniques as required to protect the improvements or structures.
(l) 
All erosion and sedimentation control measures, temporary as well as permanent, in sufficient detail to clearly indicate the effectiveness of the plan.
(m) 
Project specifications relative to stormwater control, erosion, and sedimentation.
(n) 
Evidence that all on-site and off-site easements required to convey runoff flow to an existing public drainage facility or a permanent stream have been granted to the operating entity.
(o) 
Provide the information to conform with the requirements noted in the Pennsylvania Municipalities Planning Code.
(p) 
Provide a list of adjacent property owners within 200 feet of the subject property and documentation that the adjacent property owners have been notified (in advance and in writing) of the proposed project.
(4) 
Maintenance plan. An operation and maintenance (O&M) plan establishing ownership and maintenance responsibilities for all stormwater control facilities (identifying the specific person or entity responsible) and detailing financial requirements and sources of funding shall be submitted with the final plan. Any legal agreements (substantially in the form specified in Appendix A to this section[4]) or covenants required to implement the maintenance program shall be submitted.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
N. 
Stormwater management performance standards.
(1) 
Stormwater management districts.
(a) 
For purposes of stormwater management, the Township is divided into the following stormwater management districts:
[1] 
Pine Creek.
[2] 
North Fork.
[3] 
Brush Creek.
[4] 
Montour Creek.
[5] 
Breakneck Creek.
(b) 
One or more of these districts may be further divided into subareas which have similar hydrological characteristics and drain to a common point.
(c) 
The location and boundaries of the stormwater management districts and subareas are adopted as overlay districts to the Township Zoning Map and are shown on Appendix D[5] attached hereto and on the watershed maps which are maintained in the Township office.
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
General standards. The following provisions shall be considered the overriding performance standards against which all proposed stormwater control measures shall be evaluated, except for the Pine Creek Watershed, which may have stricter standards, and they shall apply in all stormwater management districts in the municipality.
(a) 
Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required:
[1] 
To assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities; or
[2] 
To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.
(b) 
The stormwater management plan for the development site must consider all the stormwater runoff flowing over the site.
(c) 
No discharge of toxic materials into any stormwater management system will be permitted.
(3) 
Watershed standards for all watershed districts. The stormwater performance standards contained in this section are intended to implement the standards and criteria contained in the Pine Creek Watershed Stormwater Management Plan, as well as the other applicable watershed areas, adopted and approved as required by the Pennsylvania Storm Water Management Act (32 P.S. § 680.1 et seq.). If there is any discrepancy between the provisions of this chapter and the standards and criteria of the plan, or if the watershed plan is subsequently amended, then the standard criteria of the current watershed plan shall govern.
(a) 
Release-rate percentage.
[1] 
Application. All subdivisions and land development activities which result in an increase in the post-development peak rate of stormwater runoff from any outfall on the development site shall be subject to release-rate percentage for the watershed subarea in which the site (or outfall) is located. A listing of the release-rate percentage for each subarea in the Pine Creek Watershed appears as Appendix E[6] at the end of this section, and the subareas are delineated on the watershed subarea map (see Appendix D[7] and as such is maintained in the Township's office) in the watershed plan.
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
[7]
Editor's Note: Said appendix is included as an attachment to this chapter.
[2] 
Definition. The release-rate percentage defines the percentage of the redevelopment peak rate of runoff that can be discharged from an outfall on the site after development. It applies uniformly to all land developments or alterations within a subarea, and the post-development rate of runoff discharging from each outfall of the development site cannot exceed the release-rate percentage for the subarea in which it is located.
[3] 
Procedure for use. The steps that must be followed to utilize the release-rate percentage for a particular development site are as follows:
[a] 
Identify from the watershed subarea map the specific subarea in which the development site is located and obtain the subarea release-rate percentage.
[b] 
Compute the pre- and post-development runoff hydrographs for each stormwater outfall for the site, using the soil cover complex method (SCS TR-55), for the two-, five-, ten-, twenty-five- and one hundred-year design storms, applying no on-site detention for stormwater management, but including any techniques to minimize impervious surfaces and/or increase the time of concentration for stormwater runoff flowing over the development site. If the post-development peak runoff rate is less than or equal to the predevelopment peak runoff rate, then additional stormwater control shall not be required at that outfall. If the post-development peak runoff rate is greater than the predevelopment value, then stormwater detention will be required and proceed to Subsection E(3)(b)[3][c] below.
[c] 
Multiply the subarea release-rate percentage by the predevelopment rate of runoff from the development site to determine the maximum allowable release rate from any detention facility for the two-, five-, ten-, twenty-five- and one-hundred-year design storm events.
(b) 
No-harm evaluation.
[1] 
An applicant may seek to extend the otherwise applicable subarea release-rate percentage by performing the no-harm evaluation, which requires an independent engineering analysis to demonstrate that other reasonable options exist to protect downstream areas from harmful storm runoff impacts.
[2] 
The no-harm evaluation shall be prepared by a registered engineer who is experienced in hydrology and hydraulics.
[3] 
The analysis for the no-harm evaluation shall be submitted to the Township for review by the Township Engineer and approval of the Township.
(c) 
Runoff curve numbers.
[1] 
The following runoff curve numbers shall be used:
Ground Cover
Hydraulic Soil
Group Curve
Numbers
A
B
C
D
Woodland
30
55
70
77
Meadow
30
58
71
78
Grass
39
61
74
80
Impervious
98
98
98
98
Gravel
89
89
89
89
[2] 
Wooded sites and developed sites shall assume for the predevelopment condition that the site is wooded in good condition.
(d) 
Time of concentrations.
[1] 
Sheet flow lengths shall not exceed 100 feet.
[2] 
Shallow concentrated flow lengths shall not exceed 1,000 feet.
(e) 
Mannings 'n' values.
[1] 
Impervious surfaces: n = 0.011.
[2] 
Agricultural lands: n = 0.17.
[3] 
Grass, lawn, or open space: n = 0.24.
[4] 
Wooded areas: n = 0.40.
(4) 
Redevelopments greater than 2,000 square feet shall conform to the following requirements:
(a) 
One of the following minimum performance standards shall be accomplished. Selection of the performance standard shall be determined by which is the most appropriate for the given site conditions:
[1] 
Reduce the total impervious cover of the site (i.e., by using pervious pavement, replacement of pavement with pervious planting areas or green roof systems) by at least 25%, based on a comparison of existing impervious cover to proposed impervious cover; or
[2] 
Provide facilities designed to attenuate the runoff volume from the one-year twenty-four-hour post development storm event for at least 24 hours, or
[3] 
Provide facilities to insure that the post development peak discharge rate shall not exceed the predevelopment peak discharge rate multiplied by the "sub-basin release rate percentage" (where determined in the Pine Creek watershed) for the two- and ten-year twenty-four-hour storm events. A maximum predevelopment cover CN of 70 shall be assumed.
(b) 
Water quality improvements shall be provided for drainage areas not otherwise addressed by infiltration practices either at the source of runoff and/or during conveyance away from the source of runoff. Stormwater quality management facilities shall be designed to capture and treat 0.25 inch of runoff from all pavement areas (i.e., parking lots, pavements and noncovered sidewalks). Roof area may be excluded from this calculation.
(5) 
New developments shall conform to the following requirements:
(a) 
Water quality improvements shall be achieved in conjunction with or as part of infiltration practices (if used). Water quality improvements shall also be provided for drainage areas not otherwise addressed by infiltration practices either at the source of runoff and/or during conveyance away from the source of runoff. Stormwater quality management practices shall be designed to capture and treat stormwater runoff generated by the one-inch rainfall event. Follow current DEP standards for design of water quality BMPs.
(b) 
The post development peak discharge rate shall not exceed the predevelopment peak discharge rate multiplied by the "sub-basin release rate percentage" (where determined in the Pine Creek watershed) for the one-, two-, five-, ten-, twenty-five-, fifty-, and one-hundred-year twenty-four-hour storm events pursuant to the predevelopment cover assumptions.
(c) 
Facilities capable of attenuating rainfall runoff shall be provided and be designed to attenuate the runoff volume from the one-year twenty-four-hour storm event for at least 24 hours.
(d) 
Stormwater shall be infiltrated and/or discharged within the same drainage area of the stream receiving the runoff from the development site prior to development.
(e) 
Structural and nonstructural stormwater management practices that make best possible use of infiltration on-site shall be considered in all site designs, when appropriate.
O. 
Construction criteria for stormwater control facilities. Stormwater management facilities shall be constructed in accordance with the following minimum specifications:
(1) 
All workmanship and materials shall conform to the adopted Township's Standard Details. In addition, all workmanship and materials shall conform to the latest edition of Penn DOT Form 408 and be supplied by manufacturers or suppliers listed in Penn DOT's Bulletin 15.
(2) 
All connections to existing storm sewer pipes shall be made by construction of a suitable junction box (inlet or manhole) to provide access for cleanout. No blind connections shall be permitted.
(3) 
All pond outlet structure pipes shall have suitable gaskets to prevent leakage and piping of water through the pond embankment.
(4) 
All pipe outlets shall discharge onto a stone riprap blanket to prevent erosion of soil. Riprap will be sized considering pipe exit velocities.
(5) 
Controls shall be installed at initial stages of earthmoving and otherwise as outlined in the staging of earthmoving activities section of the erosion and sedimentation control plan.
(6) 
The discharge of stormwater runoff shall be to a well-defined drainage course, which has a defined bed and bank. If stormwater runoff cannot be discharged to a defined drainage course, documentation of written permission from each downstream property owner shall be provided and recorded for all properties between the source of discharge and the defined drainage course.
(7) 
All stormwater detention facilities shall be screened from view of existing roads or streets located within the Township, which is a minimum of six feet in height with sufficient access or maintenance vehicles. The screening materials must be approved by the Township. Landscaping of the pond embankment shall not be permitted.
(8) 
Provide a geotechnical report for the construction of all stormwater facilities, including the following: stormwater detention basins and the embankment; drainage swales; and infiltration areas.
P. 
Maintenance criteria for stormwater control facilities. Maintenance is an essential part of the successful functioning of a stormwater management system and the following shall be required:
(1) 
Maintenance during development. Maintenance during development of a project shall be the responsibility of the developer and/or landowner and shall usually include, but shall not be limited to:
(a) 
Removal of silt from all debris basins, traps or other structures or measures when 40% of capacity is filled with silt.
(b) 
Disposal of collected silt in a manner which will not adversely affect the environment.
(c) 
Periodic maintenance of temporary control facilities such as replacement of straw bale dikes, straw filters, or similar measures.
(d) 
Establishment or reestablishment of vegetation by seeding and mulching or sodding of scoured areas where vegetation has not been successfully established. A developer or landowner retains this obligation as to property he or she has developed or improved even if the proper season for "seeding" occur initially sometime after the project is otherwise completed in whole or as to a particular phase.
(e) 
Installation of necessary controls sufficient to protect against problems caused by storm events within design frequencies.
(f) 
Removal of all temporary measures upon completion of the project.
(2) 
After acceptance of the plan by the Township. In the event that the Township accepts public improvements in the plan, except in cases where an agreement between the developer and the Township have been executed to the contrary, the maintenance shall be the responsibility of the developer or his assigns and shall include, where necessary:
(a) 
Mowing to maintain adequate stands of grass and to control weeds. Chemical weed control may be used if state and Township regulations are met. Selection of seed mixtures shall reflect the type of maintenance desired by the Township.
(b) 
Removal of silt from all permanent structures, which trap silt or sediment to keep this material from building up in grassed waterways and other permanent structures, thereby, reducing their capacity.
(c) 
Removal of trees and shrubs from pond embankments.
(d) 
Repair of animal burrows and removal of animals causing the same.
(3) 
It shall be the responsibility of the developer to inspect all permanent facilities to see that corrective action is taken where necessary.
(4) 
Stormwater facilities located on private property shall be maintained by the landowner or his agent; however, this does not relieve the landowner or his agent of the obligation to inspect their own facilities. The Township reserves the right to enter upon private property to make periodic reasonable inspections and to require the landowner to take necessary corrective actions. An easement shall be recorded granting access over private property to the stormwater facilities.
(5) 
The owner shall convey to the Township easements and/or rights-of-way to assure access for periodic inspections by the Township and maintenance if required.
(6) 
The owner shall keep on file with the Township the name, address and telephone number of the person or company responsible for maintenance activities; in the event of a change new information will be submitted to the Township within 10 days of the change.
(7) 
The owner shall establish any special maintenance funds or other financing sources, in accordance with the approved maintenance plan.
(8) 
The owner shall pay the amount due to the Special Stormwater Facility Maintenance Fund.
(a) 
Persons installing stormwater storage facilities will be required to pay a specified amount to the Township of Pine Stormwater Facility Maintenance Fund to help defray the costs of periodic inspections and annual maintenance expenses. The amount of the deposit shall be determined as follows:
[1] 
If the storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Township or its agents for a period of 10 years, as reasonably estimated by the Township. After that period of time, inspections will be performed by the Township or its agents and billed directly to the owner.
[2] 
If the storage facility is to be owned and maintained by the Township, the deposit shall cover the estimated annual costs for maintenance and inspections to be performed by the Township or its agents for 10 years, as reasonably estimated by the Township.
[3] 
The amount of the deposit to the maintenance fund covering annual inspection and maintenance costs shall be converted to present worth of the annual series values. The Township Manager shall determine the present-worth equivalents, which shall be subject to the final approval of the Township Supervisors.
(b) 
If the storage facility which is proposed also serves as a public recreation facility, such as a lake or ballfield, the Township may reduce or waive the amount of the required deposit to the maintenance fund based on the value of the land for public recreation purposes.
(c) 
If at some future time any storage facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or another storage facility (i.e., a distributed storage facility), the unused portion of the maintenance fund will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment and connection are paid will be returned to the depositor.
(9) 
If the owner fails to maintain the stormwater control facilities, following due notice by the Township to correct the problems, the Township shall perform the necessary maintenance or corrective work. The owner shall reimburse the Township for all costs upon presentation of documentation of same.
(10) 
Additional items may be included in the maintenance agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the Township's Solicitor.
Q. 
Inspections of stormwater management controls during construction.
(1) 
The Township or a designated representative shall field review the construction of the temporary and permanent stormwater management facilities for the development site. The permittee shall notify the Township 48 hours in advance of the completion of the following key development phases:
(a) 
At the completion of the preliminary site preparation, including stripping of vegetation, stockpiling of topsoil and construction of temporary stormwater management and erosion control facilities.
(b) 
At the completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvement and ground covers.
(c) 
During construction of the permanent stormwater facilities at such times as specified by the Township.
(d) 
Completion of permanent stormwater management facilities, including established ground covers and plantings.
(e) 
Completion of any final grading, vegetative control measures or other site restoration work done in accordance with the approved plan and permit.
(2) 
No work shall commence on any subsequent phase until the preceding one has been field reviewed by the Township Engineer and approved by the Township in writing. If there are deficiencies in any phase, the Township shall issue a written description of the required corrections and stipulate the time by which the corrections must be made.
(3) 
If during construction the contractor or permittee identifies any site conditions, such as subsurface soil conditions or alterations in surface or subsurface drainage, which could affect the feasibility of the approved stormwater facilities, said person must notify the Township within 24 hours of the discovery of such condition and request a field review by the Township. The Township shall determine if the condition requires a stormwater plan modification.
(4) 
In cases where stormwater facilities are to be installed in areas of landslide-prone soils or where other special site conditions exist, the Township may require special precautions, such as soil tests and core borings, full-time resident project representative services and/or similar measures. All costs of any such measures shall be borne by the permittee.
R. 
Stormwater culverts. Stormwater culverts, bridges and similar structures serving public streets, access driveway or other vehicular rights-of-way shall be designed to support HS-20 loading and any other imposed loadings necessary without structurally damaging the drainage system. Stormwater culverts, bridges or other structures which do not serve vehicular traffic shall be designed to support the necessary loading without structurally damaging the pipe or affecting its capacity for drainage. Said design shall be approved by the Township Engineer and shall comply with the following requirements.
(1) 
Conduit size of culverts and other enclosed components of a stormwater drainage system shall be based on computed hydrologic and hydraulic data and computations shall be approved by the Township. The minimum size of any enclosed structure to be maintained by the Township shall be 15 inches in diameter. The minimum size of any enclosed structure to be privately maintained shall be 15 inches in diameter, unless the design calculations, approved by the Township, justify a lesser size. In no case shall larger pipes/culverts be connected to smaller pipes/culverts.
(2) 
The design of any enclosed drainage course shall provide a minimum cleaning velocity of three feet per second. When the design provides for a maximum velocity greater than 10 feet per second, the enclosed components shall be lined or protected to prevent scour.
(3) 
The design of headwall and endwall structures for enclosed stormwater facilities shall be approved by the Township and shall be in accordance with the Township Construction Standards.
(4) 
Energy dissipaters shall be required at the outlet side of all enclosed culverts or similar components and shall be designed in accordance with the Township Construction Standards.
(5) 
The type of materials used for enclosed culverts and similar components shall comply with the Township's Standard Details. No stormwater facility shall be enclosed or covered over until the Township has field reviewed the construction.
S. 
Open stormwater drainage courses. Open stormwater drainage courses shall be designed for a maximum velocity not to exceed 10 feet per second and a minimum velocity of five feet per second. A minimum velocity of three feet per second may be authorized by the Township where a greater slope cannot be achieved to permit the standard required minimum velocity. An open stormwater drainage course shall include a lining (riprap, concrete or bituminous) to prevent erosion. The applicant shall obtain approval from the Allegheny County Conservation District (ACCD), if required.
T. 
Prohibition against nonstormwater discharges. Prohibited discharges.
(1) 
No person in the Township shall allow, or cause to allow, stormwater discharges into the Township's separate storm sewer system which are not composed entirely of stormwater, except:
(a) 
As provided in § 84-125T(2); and
(b) 
Discharges allowed under a state or federal permit.
(2) 
Discharges which may be allowed, based on a finding by the Township that the discharge(s) do not significantly contribute to pollution to surface waters of the commonwealth, are:
(a) 
Air-conditioning condensate;
(b) 
Dechlorinated swimming pool discharges;
(c) 
Discharges from fire-fighting activities;
(d) 
Flows from riparian habitats and wetlands;
(e) 
Irrigation drainage;
(f) 
Lawn watering;
(g) 
Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred, and where detergents are not used;
(h) 
Potable water sources, including dechlorinated waterline and fire hydrant flushing;
(i) 
Routine external building washdown (which does not use detergents or other compounds);
(j) 
Springs;
(k) 
Uncontaminated groundwater;
(l) 
Uncontaminated water from foundation or footing drains;
(m) 
Water from individual residential car washing;
(n) 
Water from sump pumps.
(3) 
In the event that the Township determines that any of the discharges identified in § 84-125T(2) significantly contribute to pollution of waters of the commonwealth, or is so notified by DEP, the Township will notify the responsible person to cease the discharge.
(4) 
Upon notice provided by the Township under § 84-125T(3), the discharger will have a reasonable time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge.
(5) 
Nothing in this section shall affect a discharger's responsibilities under state law.
(6) 
Prohibited connections. The following connections are prohibited, except as provided in Subsection T(2) above:
(a) 
Any drain or conveyance, whether on the surface or subsurface, which allows any nonstormwater discharge, including sewage, process wastewater, and wash water, to enter the separate storm sewer system, and any connections to the storm drain system from indoor drains and sinks; and
(b) 
Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system, which has not been documented in plans, maps, or equivalent records, and approved by the Township.
U. 
Requirement for erosion and sediment controls.
(1) 
No regulated earth disturbance activities within the Township shall commence until approval by the Township of an erosion and sediment control plan for construction activities.
(2) 
The Pennsylvania Department of Environmental Protection (DEP) has regulations that require an erosion and sediment control plan for any earth disturbance activity of 5,000 square feet or more, under 25 Pa. Code § 102.4(b).
(3) 
In addition, under 25 Pa. Code Chapter 92, a DEP NPDES Construction Activities permit is required for any earth disturbance of one acre or more with a point source discharge to surface waters or the Township's storm sewer system, or five acres or more regardless of the planned runoff (hereinafter collectively referred to as "regulated earth disturbance activities"). This includes earth disturbance on any portion of, part of, or during any stage of, a larger common plan of development.
(4) 
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or Allegheny County Conservation District must be provided to the Township. The issuance of an NPDES Construction Permit [or permit coverage under the statewide General Permit (PAG-2)] satisfies this requirement.
(5) 
A copy of the erosion and sediment control plan and any required permit, as required by DEP regulations, shall be available at the project site at all times.
V. 
Postconstruction stormwater runoff controls for new development and redevelopment, including operations and maintenance of stormwater best management practices (BMPs).
(1) 
No regulated earth disturbance activities within the Township shall commence until approval by the Township of a plan, which demonstrates compliance with state water quality requirements after construction, is complete.
(2) 
The BMPs must be designed to protect and maintain existing uses (e.g., drinking water use; cold water fishery use) and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in special protection streams, as required by statewide regulations at 25 Pa. Code Chapter 93 (collectively referred to herein as "state water quality requirements").
(3) 
To control postconstruction stormwater impacts from regulated earth disturbance activities, state water quality requirements can be met by BMPs, including site design, which provide for replication of preconstruction stormwater infiltration and runoff conditions, so that postconstruction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (#392-0300-002, September 28, 2002), this may be achieved by the following:
(a) 
Infiltration: Replication of preconstruction stormwater infiltration conditions;
(b) 
Treatment: Use of water quality treatment BMPs to ensure filtering out of chemical and physical pollutants from the stormwater runoff; and
(c) 
Streambank and streambed protection: Management of volume and rate of postconstruction stormwater discharges to prevent physical degradation of receiving waters (e.g., from scouring and erosion).
(4) 
DEP has regulations that require municipalities to ensure design, implementation, and maintenance of best management practices (BMPs) that control runoff from new development and redevelopment (hereinafter "development") after regulated earth disturbance activities are complete. These requirements include the need to implement postconstruction stormwater BMPs with assurance of long-term operations and maintenance of those BMPs.
(5) 
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or Allegheny County Conservation District must be provided to the Township. The issuance of an NPDES Construction Permit [or permit coverage under the statewide General Permit (PAG-2)] satisfies this requirement.
W. 
Post-construction stormwater record plan.
(1) 
Prior to issuance of an occupancy permit or utilization of the proposed improvements, the applicant must provide the Township a certified post-constructed stormwater record plan, a copy of a recorded stormwater operations and maintenance (O&M) plan and stormwater operations and maintenance (O&M) agreement and the proof of recording for any project containing stormwater management facilities including storm sewers and BMPs.
(2) 
The owner shall provide a digital file, on state plain coordinate system, of the location of all BMPs constructed on the property.
X. 
Right of entry.
(1) 
BMP owners and operators shall allow persons working on behalf of the Township ready access to all parts of the premises for the purposes of determining compliance with this section.
(2) 
Persons working on behalf of the Township shall have the right to temporarily locate on any BMP in the Township such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMP.
(3) 
Unreasonable delays in allowing the Township access to a BMP shall be deemed a violation of this section.
Y. 
Enforcement and sanctions.
(1) 
The violation of any provision of this section is hereby deemed a public nuisance.
(2) 
Each day that a violation continues shall constitute a separate violation.
(3) 
Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this section, the Township may order compliance by written notice to the responsible person. Such notice may require without limitation:
(a) 
The performance of monitoring, analyses, and reporting;
(b) 
The elimination of prohibited discharges;
(c) 
Cessation of any violating discharges, practices, or operations;
(d) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(e) 
Payment of a fine to cover administrative and remediation costs;
(f) 
The implementation of stormwater BMPs; and
(g) 
Operation and maintenance of stormwater BMPs.
(4) 
Failure to comply within the time specified shall also subject such person to the penalty provisions of this section. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other remedies available in law or equity.
(5) 
Suspension and revocation of permits and approvals. Any building, land development or other permit or approval for regulated earth disturbance activities issued by the Township may be suspended or revoked for:
(a) 
Noncompliance with or failure to implement any provision of the permit;
(b) 
A violation of any provision of this section; or
(c) 
The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.
(6) 
Penalties.
(a) 
Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than $500 for each violation, recoverable with costs, or imprisonment, or both. Each day that the violation continues shall be a separate offense.
(b) 
In addition, the Township, through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this section. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.
Z. 
Fees and expenses.
(1) 
General.
(a) 
The Township may charge a reasonable fee for review of BMP operations and maintenance plans to defray review costs incurred by the Township. The applicant shall pay all such fees.
(2) 
Expenses covered by fees. The fees required by this section may cover:
(a) 
Administrative/clerical costs.
(b) 
The review of the BMP operations and maintenance plan by the Township's Engineer and the review or preparation of any necessary associated documents by the Township's Solicitor.
(c) 
The site inspections including, but not limited to, pre-construction meetings, inspections during construction of stormwater BMPs, and final inspection upon completion of the stormwater BMPs.
(d) 
Any additional work or costs required to monitor and enforce any provisions of this section, correct violations, and assure proper completion of stipulated remedial actions (including but not limited to attorneys' fees incurred by the Township in pursuit of legal proceedings associated therewith).
AA. 
Operations and maintenance of BMPs.
(1) 
The stormwater operations and maintenance (O&M) plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs, as follows:
(a) 
If a plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Township, stormwater BMPs may also be dedicated to and maintained by the Township;
(b) 
If a plan includes operations and maintenance by a single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.
(2) 
The Township shall make the final determination on the continuing operations and maintenance responsibilities. The Township reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater BMPs.
(3) 
The Township shall review the BMP operations and maintenance plan for consistency with the purposes and requirements of this section, and any permits issued by DEP.
(4) 
The Township shall notify the applicant in writing whether the BMP operations and maintenance plan is approved.
(5) 
The Township may require an "as-built survey" of all stormwater BMPs, and an explanation of any discrepancies with the operations and maintenance plan.
(6) 
It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved stormwater operations and maintenance plan, or to allow the property to remain in a condition which does not conform to an approved operations and maintenance plan, unless an exception is granted in writing by the Township.
(7) 
An operation and maintenance agreement (substantially in the form specified in Appendix A to this section)[8] shall be required to be executed by the landowner. Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater BMPs. The agreement shall be subject to the review and approval of the Township.
[8]
Editor's Note: Said appendix is included as an attachment to this chapter.
(8) 
The Township may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.
(9) 
If stormwater BMPs are accepted by the municipality for dedication, the Township may require persons installing stormwater BMPs to pay a specified amount to the Township's Stormwater BMP Operation and Maintenance Fund, to help defray costs of operations and maintenance activities. The amount may be determined as follows:
(a) 
If the BMP is to be owned and maintained by the Township, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the Township.
(b) 
The amount shall then be converted to present worth of the annual series values.
(c) 
If a BMP is proposed that also serves as a public recreation facility (e.g., ball field, lake), the Township may reduce or waive the amount due accordingly (based upon the value received for public recreation purposes).
BB. 
Storm sewer and drainage facilities.
(1) 
Size and grade. Storm drains shall be adequate for the anticipated runoff when the area is fully developed. The minimum diameter of storm sewers shall be 15 inches, and the minimum grade shall be 1%, unless approved by the Township. Minimum pipe cover shall conform to manufacturer's recommendations.
(2) 
Manholes. Manholes for pipe sizes of 24 inches or less shall be spaced at a maximum of 400 feet and for larger pipe sizes, the maximum distances between manholes shall be 600 feet. In addition, manholes shall be installed at all points of changes in horizontal alignment and vertical grade. Inlets may be substituted for manholes where practical.
(3) 
Inlets. Inlets of the type shown in the Township's Standard Details shall be installed. Inlets at street intersections shall be placed on the tangent and not on the curved portions.
(4) 
Castings. Manholes and inlet castings shall conform to the Pennsylvania Department of Transportation (PennDOT) Form 408 and PennDOT Standards for Roadway Construction. Inlet grates shall be bicycle safe. Frames and grates shall be cast iron or structural steel. Concrete frames shall not be permitted.
(5) 
Stormwater roof drains. All roof drains shall discharge to an on-lot sump or to a storm sewer system, which is controlled by a detention pond. Outlets from roof drain sumps shall not discharge directly onto fill slopes. Outlets shall not discharge directly to the gutter line of any street. All pipes from roof drains shall be a minimum four-inch Schedule 40 ABS, PVC or SDR 35 pipe. Four-inch Schedule 40 PVC or ABS pipe is required for a distance of 10 feet from the foundation of the dwelling. No stormwater drainage system shall be permitted to discharge into any sanitary sewer system. No pipes shall be permitted to be constructed through any curbing on any public street.
(6) 
Unnatural drainage. All points of concentrated flow discharge shall outlet directly to a well-defined drainage channel, with a defined bed and bank. Whenever construction stops or concentrates the natural flow of storm drainage in such a way as to affect adjoining properties, approval of the owners shall be obtained in writing. Approval of plans by the Township shall not authorize or sanction drainage affecting adjoining properties.
(7) 
Watercourses. Open watercourses shall not be permitted within the rights-of-way of streets. The stopping, filling up, confining or other interference with, or changing the course of, drains, ditches, streams and watercourses in the Township shall not be permitted unless approval in writing is obtained from the Township. A permit must be obtained from the Department of Environmental Protection (DEP) of the Commonwealth of Pennsylvania for construction or changes in a watercourse subject to the regulations of the Pennsylvania Department of Environmental Protection.
(8) 
Wherever conveyance channels are necessary, drainage shall be maintained by an open channel with landscape banks designed to carry the one-hundred-year, twenty-four-hour stormwater runoff from upstream contributory areas. If the runoff from stormwater collection and conveyance facilities would drain over land to a stormwater detention facility, the twenty-five-year frequency storm event may be used. The Township Engineer with the approval of the Township may increase the design storm, as conditions require. All open channels shall be designed with one foot of freeboard above the design water surface elevation of the design runoff condition.
(9) 
Flood relief channels shall be provided and designed to convey the runoff from the one-hundred-year, twenty-four-hour storm, such that a positive discharge of this runoff is to a natural drainage course with a defined bed and bank.
(10) 
Where drainage swales are used in lieu of or in addition to storm sewers, they shall be designed to carry the required runoff without erosion and in a manner not detrimental to the properties they cross. Drainage swales shall provide a minimum grade of 1% but shall not exceed a grade of 9%. Drainage swales used strictly for conveyance are not the same as open vegetated channels.
(11) 
When requested by the Township the developers shall obtain or grant a minimum twenty-foot-wide drainage easement over all storm sewers, drainage swales, channels, etc., that are a component of the stormwater management system when located within undedicated land. All permanent detention basins and/or other stormwater management facilities providing stormwater control for other than a single residential lot shall be located within a defined drainage easement that allows proper legal access and maintenance vehicle access.
(12) 
No property owner shall obstruct or alter the flow, location or carrying capacity of a stream, channel or drainage swale to the detriment of any other property owner, whether upstream or downstream. All subdivision and/or land development plans containing streams, channels, drainage swales, storm sewers or other conveyance systems that cross property boundaries, existing or proposed, or whose discharge crosses such boundaries shall contain a note stating the above.
(13) 
No stormwater pipe (public or private) shall be less than 15 inches in diameter that conveys surface runoff. The minimum pipe slope shall be such that a minimum of two-feet-per-second velocity is maintained. Where a culvert or pipe is used to replace a stream, the cross-sectional area shall be at least as large as the original stream channel. All stormwater BMPs shall be constructed in accordance with the Township's adopted Standard Details. Minimum pipe cover shall conform to the manufacturer's recommendations. Stormwater conveyance pipes utilized in BMPs shall have a pipe size of four-inch diameter or larger.
(14) 
Where open watercourses for stormwater drainage are used the following standards shall apply:
(a) 
Artificial channels shall be of trapezoidal cross section, with the channel width at the bottom at least 10 times the maximum water depth which would be produced by the one-hundred-year design storm and with rough, permeable and flexible sides and bottom. No artificial channel shall be used to replace a natural stream.
(b) 
At all points in the drainage system the velocity shall be less than the erosion threshold of the conveyance material, including at the outlet from the construction area or subdivision site.
(15) 
All stormwater collection and conveyance facilities (pipes, swales, and structures) shall be designed for a one-hundred-year design storm event, unless the runoff would naturally drain overland to a stormwater detention facility, in which case a twenty-five-year design storm event may be used. All drainage facilities shall be designed to contain the energy gradeline for the peak flow rate for the design storm within the structures a minimum of two-foot-below-surface elevation. The hydraulic grade line must be within the pipe. Swales and channels shall provide at least one foot of freeboard above the energy gradeline. Backwater effects of pipes discharging under surcharge conditions shall be included in the calculations.
(16) 
All workmanship and materials shall conform to the Township's Standard Details. In addition, all workmanship and materials shall conform to the latest edition of PennDOT Form 408 and be supplied by manufacturers or suppliers listed in PennDOT's Bulletin 15.
(17) 
All connections to existing storm sewer pipes shall be made by construction of a suitable junction box (inlet or manhole) to provide access for cleanout. No blind connections shall be permitted.
(18) 
All pipe outlets shall discharge onto a stone riprap blanket to prevent erosion of soil. Riprap shall be sized considering pipe exit velocities.
(19) 
The discharge of stormwater runoff shall be to a well-defined drainage course, which has a defined bed and bank. If stormwater runoff cannot be discharged to a defined drainage course, documentation of written permission from each downstream property owner shall be provided for all properties between the source of discharge and the defined drainage course.
(20) 
Inlets of each type shown in the Township's Standard Details shall be installed. Inlets at street intersections shall be placed on the tangent and not on the curved portion of the intersection radii.
(21) 
Bridges and culverts. All bridges and culverts shall be designed to support expected loads and to carry expected flows and shall be designed to meet current standards of the Pennsylvania Department of Transportation. All bridges and culverts shall be subject to all permits required by the Pennsylvania Department of Environmental Protection, Bureau of Dams, and Waterways.
(22) 
Water quality inlets. Storm drainage systems that collect runoff from parking areas and/or loading areas exceeding 10,000 square feet of impervious coverage and discharge to stormwater management systems, including surface or subsurface infiltration systems, shall have a minimum of one water quality inlet per each acre of drainage area. The water quality inlet must provide for the removal of oil, grease, and heavy particulates and total suspended solids, hydrocarbons and other floating substances from stormwater runoff.
CC. 
Intersections of private driveways and public streets. Stormwater drainage facilities shall be placed where each private driveway intersects with a public street. The design shall be approved by the Township and shall meet the following requirements: The facility shall be placed to maintain the flow line of the stormwater drainage facility in the public street.
(1) 
Where an apron gutter is to be utilized, said apron gutter shall be designed and constructed in accordance with the Township's Standard Details.
(2) 
Where reinforced concrete, metal or tile pipe is to be used beneath the driveway, said pipe shall not be less than 15 inches in diameter and shall extend across the full width of the driveway and beyond the driveway for a distance determined by the Township. The pipe shall be installed with flared end sections and shall be designed to support H-15 loading and any other imposed loadings necessary without structurally damaging the system. The installation of the pipe shall be in accordance with the adopted Township's Standard Details.
DD. 
Testing. All construction materials used in storm sewers shall be tested by a qualified testing laboratory, if required by the Township. The cost for such tests shall be borne by the developer.
EE. 
Standard schedule for maintenance of stormwater management facilities.
(1) 
The stormwater management plan developed for the project is supplemented by this maintenance plan to help ensure continuing operations of all stormwater facilities.
(2) 
The following is a list of items that shall be inspected and corrective action taken by the owner. (Note: "Owner" refers to individual ultimately responsible for storm facility condition and function).
(a) 
Outlet conditions in detention facility.
(b) 
Storm sewer, swales, concrete gutters, and other conveyance devices.
(c) 
Catch basin, manholes, and other stormwater catchments/transition structures.
(d) 
Access for maintenance.
(3) 
The following actions will be taken by the owner to help ensure the facilities shown on the plan and identified above are in working order:
(a) 
Replace or repair facilities so as to function as intended.
(b) 
Remove silt debris and trash in catch basin/storm sewers.
(c) 
Repair outlet structures.
(d) 
Remove any silt, debris, and trash in detention facility.
(e) 
Disposal of collected silt, debris and trash in a manner which will not adversely affect the environment.
(f) 
Replace eroded material and revegetate eroded areas. Seed and mulch disturbed areas.
(g) 
The corrective actions to be taken are not limited to those listed above.
FF. 
Stormwater facilities inspection.
(1) 
Stormwater management facilities should be inspected by the landowner, or the owner's designee (including the Township for dedicated and owned facilities), according to the following list of minimum frequencies:
(a) 
Annually for the first five years following construction.
(b) 
Once every three years thereafter.
(c) 
During or immediately after the cessation of a ten-year or greater storm event.
(2) 
The Township of Pine may require other items to be included in the operations and maintenance agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. If stormwater facilities are not maintained by the Township of Pine, the owner shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities maintained in a safe and attractive manner. The owner shall convey to the Township of Pine easements and/or rights-of-way to assure access for periodic inspections by Pine and maintenance if required. The owner shall keep on file with Pine the name, address, and telephone number of the person or company responsible for maintenance activities and an as-built drawing of all stormwater facilities.
(3) 
In the event of a change, new information will be submitted to the Township of Pine within 10 days of the change. The owner shall establish any special maintenance funds or other financing sources, in accordance with the approved maintenance plan. If the owner fails to maintain the stormwater control facilities, following due notice (30 days) by Pine to correct deficiencies, Pine shall perform the necessary maintenance or corrective work. The owner shall reimburse Pine for all costs associated with the required maintenance of the stormwater control facilities.

§ 84-125.1 MS4 Prohibited discharge.

[Added 2-2-2015 by Ord. No. 373]
A. 
Statement of Findings. The governing body of the Township of Pine finds that:
(1) 
Inadequate maintenance of stormwater facilities contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases pollution of water resources.
(2) 
Reasonable regulation of connections and discharges to municipal separate storm sewer systems is fundamental to the public health, safety, and welfare and the protection of people of the commonwealth, their resources, and the environment.
(3) 
Stormwater is an important water resource, which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
(4) 
Federal and state regulations require certain municipalities to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES). Permittees are required to enact, implement, and enforce a prohibition of nonstormwater discharges to the permittee's regulated small municipal separate storm sewer systems (MS4s).
B. 
Purpose. The purpose of this § 84-125.1 is to promote health, safety, and welfare within the Township of Pine and its watershed by minimizing the harms and maximizing the benefits described herein, through provisions designed to:
(1) 
Provide standards to meet NPDES permit requirements.
(2) 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this commonwealth.
(3) 
Preserve the natural drainage systems as much as possible.
(4) 
Maintain groundwater recharge to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
(5) 
Prevent scour and erosion of stream banks and streambeds.
(6) 
Provide proper operation and maintenance of all facilities and all SWM BMPs that are implemented within the Township of Pine.
C. 
Statutory authority. The Township of Pine also is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
Applicability. All activities related to proper operation and maintenance of approved stormwater management BMPs and all activities that may contribute nonstormwater discharges to a regulated small MS4 are subject to regulation by this § 84-125.1.
E. 
Compatibility with other requirements. Actions taken under this § 84-125.1 do not affect any responsibility, permit or approval for any activity regulated by any other code, law, regulation, or any other provision of the Code of the Township of Pine.
F. 
Interpretations and definitions. For the purposes of this § 84-125.1, certain terms and words (as defined below) used herein shall be interpreted as follows:
(1) 
Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender; and words of feminine gender include masculine gender.
(2) 
The word "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.
(3) 
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
BEST MANAGEMENT PRACTICE (BMP)
Activities, facilities, designs, measures, or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge, and to otherwise meet the purposes of this section. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this section, nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.
CONSERVATION DISTRICT
A conservation district, as defined in Section 3(c) of the Conservation District Law [3 P.S. § 851(c)] that has the authority under a delegation agreement executed with DEP to administer and enforce all or a portion of the regulations promulgated under 25 Pa. Code Chapter 102.
DEP
The Pennsylvania Department of Environmental Protection.
EARTH DISTURBANCE ACTIVITY
A construction or other human activity which disturbs the surface of the land, including, but not limited to: clearing and grubbing; grading; excavations; embankments; road maintenance; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials. Earth disturbance activity is subject to regulation under 25 Pa. Code Chapter 92, 25 Pa. Code Chapter 102, or the Clean Streams Law.[2]
MUNICIPALITY
Township of Pine, Allegheny County, Pennsylvania.
NRCS
USDA Natural Resources Conservation Service (previously SCS).
REGULATED ACTIVITIES
Any activities that may affect stormwater runoff and any activities that may contribute nonstormwater discharges to a regulated small MS4.
SECTION
Section 84-125.1 of the Code of the Township of Pine.
STATE WATER QUALITY REQUIREMENTS
The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law.
STORMWATER
Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
TOWNSHIP
Township of Pine, Allegheny County, Pennsylvania.
USDA
United States Department of Agriculture.
WATERS OF THIS COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.
[2]
Editor's Note: See 33 U.S.C. § 1251 et seq.
G. 
General requirements.
(1) 
For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction) to meet the purposes and requirements of this section and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual), [NOTE: Pennsylvania Department of Environmental Protection. No. 363-2134-008 (April 15, 2000), as amended and updated. Erosion and Sediment Pollution Control Program Manual. Harrisburg, PA.] No. 363-2134-008 (April 15, 2000), as amended and updated.
(2) 
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered unless complying with the requirements of this section.
Manual (E&S Manual), [NOTE: Pennsylvania Department of Environmental Protection. No. 363-2134-008 (April 15, 2000), as amended and updated. Erosion and Sediment Pollution Control Program Manual. Harrisburg, PA.] No. 363-2134-008 (April 15, 2000), as amended and updated.
(3) 
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered unless complying with the requirements of this section.
(4) 
For all regulated activities, SWM BMPs shall be implemented, operated, and maintained to meet the purposes and requirements of this section and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law, and the Storm Water Management Act.
(5) 
Various BMPs and their design standards are listed in the BMP Manual, [NOTE: Pennsylvania Department of Environmental Protection. No. 363-0300-002 (December 2006), as amended and updated. Pennsylvania Stormwater Best Management Practices Manual. Harrisburg, PA.].
H. 
Responsibilities of developers and landowners.
(1) 
Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
(2) 
O&M plans for stormwater management approved pursuant to 25 Pa. Code Chapter 102 after the effective date of this section shall be recorded as a restrictive deed covenant that runs with the land.
(3) 
The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this section.
I. 
Operation and maintenance agreements.
(1) 
Prior to completing construction of a SWM facility, the property owner shall sign and record an operation and maintenance (O&M) agreement (substantially in the form set forth in Appendix A to Section 84-125 of this chapter[3]) covering all stormwater control facilities which are to be privately owned.
(a) 
The owner, successor and assigns shall operate and maintain all facilities in accordance with the approved schedule(s) in the O&M plan.
(b) 
The owner shall convey to the Township conservation easements to assure access for periodic inspections by the Township and maintenance, as necessary.
(c) 
The owner shall keep on file with the Township the name, address, and telephone number of the person or company responsible for operation and maintenance activities. In the event of a change, new information shall be submitted by the owner to the Township within 10 working days of the change.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
J. 
Prohibited discharges and connections.
(1) 
Any drain or conveyance, whether on the surface or subsurface, that allows any nonstormwater discharge including sewage, process wastewater, and wash water to enter a regulated small MS4 or to enter the waters of this commonwealth is prohibited.
(2) 
No person shall allow, or cause to allow, discharges into a regulated small MS4, or discharges into waters of this commonwealth, which are not composed entirely of stormwater, except:
(a) 
As provided in subsection J(3) below; and
(b) 
Discharges allowed under a state or federal permit.
(3) 
The following discharges are authorized unless they are determined to be significant contributors to pollution of a regulated small MS4 or to the waters of this commonwealth:
(a) 
Discharges from fire fighting activities.
(b) 
Potable water sources including water line flushing.
(c) 
Irrigation drainage.
(d) 
Air-conditioning condensate.
(e) 
Springs.
(f) 
Water from crawl space pumps.
(g) 
Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.
(h) 
Diverted stream flows.
(i) 
Flows from riparian habitats and wetlands.
(j) 
Uncontaminated water from foundations or from footing drains.
(k) 
Lawn watering.
(l) 
Dechlorinated swimming pool discharges.
(m) 
Uncontaminated groundwater.
(n) 
Water from individual residential car washing.
(o) 
Routine external building wash down (which does not use detergents or other compounds).
(p) 
Rising groundwaters.
(4) 
In the event that the Township or DEP determines that any of the discharges identified in Subsection J(3) above significantly contribute pollutants to a regulated small MS4 or to the waters of this commonwealth, the Township or DEP will notify the responsible person(s) to cease the discharge.
K. 
Roof drains and sump pumps. Roof drains and sump pumps shall discharge to infiltration or vegetative BMPs.
L. 
Right of entry. Upon presentation of proper credentials, the Township or its authorized agent(s) may enter at reasonable times upon any property within the Township to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this section.
M. 
Inspection. SWM BMPs should be inspected by the landowner, or the owner's designee (including the Township or its authorized agents for dedicated and owned facilities), according to the following list of minimum frequencies:
(1) 
Annually for the first five years following construction.
(2) 
Once every three years thereafter.
(3) 
During or immediately after the cessation of a ten-year or greater storm.
N. 
Enforcement. It is unlawful for any person to modify, remove, fill, landscape, or alter any approved SWM BMPs, facilities, areas, or structures without the written approval of DEP or a delegated County Conservation District, and the Township.
O. 
Suspension and revocation.
(1) 
Any approval or permit issued by the Township may be suspended or revoked for:
(a) 
Noncompliance with or failure to implement any provision of an approved SWM site plan or O&M agreement.
(b) 
A violation of any provision of this section or any other applicable law, ordinance, rule, or regulation relating to a regulated activity.
(c) 
The creation of any condition or the commission of any act which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others.
(2) 
A suspended approval may be reinstated by the Township when:
(a) 
The Township has inspected and approved the corrections to the violations that caused the suspension.
(b) 
The Township is satisfied that the violation has been corrected.
(3) 
An approval that has been revoked by the Township cannot be reinstated. The applicant may only apply for a new approval under the provisions of this section.
(4) 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the Township may provide a limited time period for the owner to correct the violation. In these cases, the Township will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the Township may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this section.
P. 
Penalties.
(1) 
Any person or entity violating the provisions of this section shall be guilty of a summary offense, and upon conviction, shall be subject to a fine of not more than $500 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.
(2) 
In addition to the criminal penalties set forth in this section, the Township may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this section. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.
Q. 
Appeals.
(1) 
Any person aggrieved by any action of the Township or its designee, relevant to the provisions of this section, may appeal to the Township's Board of Supervisors within 30 days of that action for a final decision thereon by the Township.
(2) 
Any person aggrieved by any final decision of the Township, relevant to the provisions of this section, may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the Township's final decision.

§ 84-126 Yard areas; residential.

A. 
Except for driveways and walks, no portion of the front yard shall be paved with asphalt or concrete.
B. 
Decorative stone surfaces shall be used only when an integral part of a landscape plan.
C. 
To the maximum extent practical, the front yard, side yard, and the unpaved area between the sidewalk and the street paving shall be covered with turf or vegetative ground cover.
D. 
To the maximum extent practical, the rear yard shall be fine graded to ensure proper grades and drainage.

§ 84-127 Vegetation preservation.

All developments shall be subject to the following specifications:
A. 
No removal of trees, shrubbery, foliage, grass, or other natural growth shall be permitted except in conformance with the provisions of this chapter, except that the activity of "grubbing" (defined as the cleaning of underbrush from a well-treed area) shall be permitted.
B. 
Grubbing activity is permitted where the purpose is to improve the appearance of the land or property.
C. 
Violation of this section shall be subject to the penalties of § 84-151 of this chapter for each day in excess of 30 that the cleared property is not subject to significant development activities, as defined above.
D. 
This language is not intended to prohibit the cutting of diseased, dead or dying plants or trees; the development of flower or vegetable gardens; or the removal of single trees or clumps of vegetation for aesthetic, safety or other concerns. It does prohibit the mass or large-scale defoliation of property preparatory to development until shortly before the proposed development actually takes place.