Borough of Tullytown, PA Environmental Protection Standards

Wetlands boundaries shall be delineated through an on-site assessment which shall be conducted by a professional soil scientist or others of demonstrated qualifications. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils and/or hydrologic indicators. A study shall be submitted with sufficient detail to allow a thorough review by the Borough. The study must be approved by the Borough on the recommendation of the Borough Engineer.

In the event that a wetlands delineation validated by the US Army Corps of Engineers is shown to vary from the wetlands boundary derived from Subsection A(1) above, the Corps delineation will govern.

Federal and state regulations. In addition to the requirements above, any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the municipality with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the applicability of state and federal wetland regulations.

§ 185-38 Lakes and ponds.

Such areas shall not be altered, regraded, filled, piped, diverted, or built upon.

§ 185-39 Lake and pond shorelines.

For the purposes of this chapter, lake and pond shorelines shall be measured 100 feet from the spillway crest elevation rather than the permanent pool if there is any difference. No more than 30% of such areas shall be altered, regraded, filled, or built upon.

§ 185-40 Application information for environmental resource protection standards plan.

In order to meet the environmental protection standards of § 185-30 of this chapter, the following information is required to be provided with an application for a subdivision or land development plan and/or a zoning permit:

A site plan which illustrates all natural resources on the site and the proposed use on the site;

All encroachments and disturbances necessary to establish the proposed use on the site; and

Calculations which indicate the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon.

§ 185-41 Building envelope.

The building envelope is that area of a lot that has no development restrictions. The building envelope shall not include the area of any required setbacks (except for driveways which would cross yards), buffer yards, natural features with 100% protection standard, and the portion of those natural features that may not be developed or intruded upon as specified in § 614 of this chapter. The purpose of the identification of a building envelope is to provide sufficient area for the general location of the building, driveway, patio, other improvements and site alterations while meeting the natural resources protection standards and minimum setback requirements of this chapter.

§ 185-42 Deed restrictions.

For subdivision and land development plans, restrictions meeting municipal specifications must be placed in the deed for each site or lot that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter. Natural resource protection areas may be held as community facilities in accordance with the requirements of § 153-42 of Chapter 153, Subdivision and Land Development, or in the ownership of individual property owners. For this latter form of ownership, it shall be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.

§ 185-43 Uses with on-lot sewage systems.

A 3,000 square-foot or larger area, in addition to the building envelope specified in § 185-41 above, shall be identified for the location of the sewage system. Such additional area shall not include natural features with a 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 185-44.

§ 185-44 Determination of site capacity and calculation of natural resources.

The following site capacity calculations shall be submitted with applications for use "performance subdivision" in § 185-19A(5) and use "mobile home park" in § 185-19A(9). Individual site capacity is found by calculating the buildable site area. This is determined by finding the base site area and then subtracting resource protection land (see Subsections A and B below). The number of allowable dwelling units is found by multiplying the density by the net buildable site area (see Subsection C below).

Base site area. Calculate the base site area. From the total site area, subtract future road rights-of-way; existing utility rights-of-way; land which is not contiguous or which is separated from the parcel by a road, railroad or major stream; or land shown on previous subdivision or land development plans as reserved for open space.

Total Site Area		__________________ acres
	-	acres of unusable land (right-of-way streets, utilities, easements, etc.)
= Base Site Area		__________________ acres

Land with resource restrictions and resource protection land. Calculate the land with resource restrictions and the resource protection land. In the event that two or more resources overlap, only the resource with the highest open space percentage shall be used in the calculations.

Determine minimum open space. Required open space shall be either the amount of open space required for the use and by the district in which the use is located, or the amount of land which is needed to preserve the resources on the site, whichever is greater. Multiply base site area by minimum open space ratio for the use proposed: Open Space = ________ acres. Compare with Resource protection land (as found in Subsection B). The larger of these two acreages shall be the required minimum open space.

Net buildable site area and number of dwelling units or lots. Calculate the net buildable site area and number of dwelling units or lots permitted as follows:

Base Site Area = ________ acres.

Subtract total natural resource protection land in floodplains, lakes, ponds, watercourses, waters of the commonwealth, streams, and wetlands, as calculated from base site area. Net Buildable Site Area = ________ acres

Number of dwelling units or lots permitted. Calculate as follows: Multiply net buildable site area by maximum density (See Table 185-19[1]) = ________ maximum number of dwelling units or lots permitted.

Table 185-44 Natural Resource Restriction Protection
Resource		Open Space Percentage	Acres of Land in Resources	Resource Protection Land	Acres of Land to be Distributed
Floodplains		100%	-	-	-
Floodplain soils		100%	-	-	-
Steep slopes:
	15 to 25	70%	-	-	-
	25% or more	85%	-	-	-
Woodlands:
	Environ. sensitive	80%	-	-	-
	Other	50%	-	-	-
Lakes or ponds		100%	-	-	-
Watercourses or streams		100%	-	-	-
Wetlands		100%	-	-	-
Lake or pond shorelines		-	-	-
Land with resource restrictions		-	_____acres	-	-
Resource protection land		-	-	_____acres	-
Acres of land to be disturbed		-	-	-	_____acres

[1]

Editor's Note: Table 185-19, Use Regulations, is included at the end of this chapter.

§ 185-45 Legislative intent for Floodplain District.

In addition to the purpose and statement of community development objectives found at the beginning of this chapter, the specific intent of the Floodplain District shall be to protect areas of floodplain subject to and necessary for the containment of floodwaters, and to permit and encourage the retention of open space land uses that will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of Tullytown Borough. Furthermore, in light of the Borough's certification as eligible for federal flood insurance, it is the intent of this district to provide adequate protection for flood-prone properties within Tullytown Borough. These principles and the specific objectives of the Floodplain District are contained in Article IX, Flood Hazard Area Requirements.

§ 185-46 Noise.

The sound level of any operation (other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, and emergency alarm signals or time signals) shall not exceed the decibel levels in the designated octave bands as stated below. The sound-pressure level shall be measured from a sound level meter and an octave band analyzer that conforms to specifications published by the American Standards Association. (American National Standards Specifications for Sound Level Meters, S1.4-1983; and ANSI S1.13-1971, American National Standards Institute, Inc., New York, New York.)

Standards. For the purpose of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the standards as published by the American National Standard Institute (ANSI Standard Specifications for Sound Level Meters, S1.4-1983; and ANSI S1.13-1971, Standard Methods for the Measurement of Sound Pressure Levels) with its latest revisions or may be done manually as follows:

Observe the ambient sound on a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.

Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of a fifteen-minute period and that there shall be at least as many observations as there are decibels between the lowest low indication and highest high indication.

Calculate the arithmetical average of the observed central tendency indications. This value is the ambient sound level.

(4)

Observe a sound level meter for five seconds with the sound source operating and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.

(5)

Repeat the observations as many times as necessary to provide the observations be made at the beginning and at the end of a fifteen-minute period and that there shall be at least as many observations as there are decibels between the lowest low indication and highest high indication.

(6)

Calculate the arithmetical average of the observed central tendency indications. This is the sound level of the ambient sound plus the sound source ("total sound level").

(7)

If the difference between the ambient sound and the sound source is 10 dB or greater, the measured sound level is an accurate measurement of the sound source. This value should be compared to the permitted sound levels in Table 185-46-1.

(8)

Due to the logarithmic nature of sound, if the difference between the ambient sound level and the Total Sound Level is less than 10dB a correction factor shall to be applied. The correction factors are noted in the Table 185-46.

	Table 185-46 Sound Level Minus Correction Factor
	Total Sound Level Minus Ambient Sound Level	Correction Factor To Be Subtracted From Total Sound Level
	10	0
	9	1
	8	1
	7	1
	6	1
	5	2
	4	2
	3	3
	2	4
	1	7

(9)

The total sound level less the correction factor is compared to the permitted sound levels in Table 185-46-1.

Sound levels by receiving land use.

No person shall operate or cause to be operated within the municipality any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use when measured at or beyond the property boundary of the receiving land use, during the times specified (see Table 185-46-1).

Table 185-46-1 Continuous Sound Levels by Receiving Land Use
	Receiving Land Use Category	Time		Sound Level Limit
I.	Residential, public space, open space	1.	7:00 a.m. to 10:00 p.m.	55 dB
	Agricultural, or institutional	2.	10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays	50 dB
II.	Office commercial or business	1.	7:00 a.m. to 10:00 p.m	65 dB
		2.	10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays	60 dB
III.	Industrial		At all times	70 dB

For any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 20 dB over the maximum sound level limits set forth in Table 185-46-1 above, provided that in no case shall they exceed 80 dB, regardless of time of day or night or receiving land use, using the "fast" meter characteristic of a Type II meter, meeting the American National Standard Institute specifications S1.4-1983.

Specific prohibitions. The following acts and the causes thereof are declared to be in violation of this chapter:

Operating, playing, or permitting the operation or playing of any radio, television, phonograph, sound amplifier, musical instrument, or other such device between the hours of 10:00 p.m. and 10:00 a.m. in such a manner as to create a noise disturbance across a real property line.

Owning, possessing, or harboring any animal which frequently or for any continued duration howls, barks, or makes any other sound so as to create a noise disturbance across any real property boundary.

Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 7:00 p.m. and 7:00 a.m. or any time on Sundays if such operation creates a noise disturbance across a real property boundary line. This section does not apply to domestic power tools or to vehicles which are duly licensed, registered, and inspected for operation on public highways.

(4)

Repairing, rebuilding, modifying, testing, or operating a motor vehicle, motorcycle, recreational vehicle, or powered model vehicle in such a manner as to cause a noise disturbance across a real property boundary.

(5)

Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower, or similar device (used outdoors) between the hours of 9:00 p.m. and 7:00 a.m. so as to cause a noise disturbance across a real property boundary.

Exceptions. The maximum permissible sound levels by receiving land use established in Subsection C shall not apply to any of the following noise sources:

The emission of sound for the purpose of alerting persons to the existence of an emergency;

Work to provide electricity, water, or other public utilities when public health or safety is involved;

Licensed game hunting activities on property where such activities are authorized;

(4)

Agriculture;

(5)

Motor vehicle operations on public streets (covered in Pennsylvania Department of Transportation Regulations, Title 67, Chapter 450, governing established sound levels, effective August 27, 1977); and

(6)

Public celebrations specifically authorized by the municipality.

§ 185-47 Smoke, ash, dust, fumes, vapors and gases.

There shall be no emission of smoke, ash, dust, dirt, fumes, vapors, or gases that violate the Pennsylvania Air Pollution Control Laws or other regulations of the Pennsylvania Department of Environmental Protection or the US Environmental Protection Agency.

The emission of smoke, ash, dust, dirt, fumes, vapors, or gases that can cause any damage to human health, to animals, to vegetation, or to property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited.

§ 185-48 Heat.

No use shall produce heat perceptible beyond its lot lines.

§ 185-49 Odor.

No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines.

Subsection A above shall not apply to odors normally created as part of an agricultural or horticultural use except that no animal waste produced off of the property shall be stockpiled unless processed to eliminate all offensive odors.

§ 185-50 Glare.

No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines.

§ 185-51 Vibrations.

No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines, with the exception of vibration produced as a result of temporary construction activity.

§ 185-52 Storage and waste disposal.

No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except tanks or drums of fuel directly connecting with energy devices, heating or appliances located or operated on the same lot as the tanks or drums of fuel.

All outdoor storage facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors, shall meet the State Fire Marshal standards and shall be enclosed by a fence with a minimum height of seven feet. The fence shall be chain link, stockade, picket (not exceeding three-inch spacing), solid wood, building wall or such other material as may be acceptable to the Zoning Officer to carry out the intent of this chapter.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse. Disposal of sewage, septage, or sludge must meet the requirements of the Pennsylvania Department of Environmental Protection.

All materials or wastes that might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards. These containers shall be properly screened and blocked from view from public thoroughfares.

§ 185-53 Radioactivity and electrical disturbance.

Any use which emits dangerous or harmful radioactivity shall be prohibited. If any use is proposed that incorporates the use of radioactive material, equipment, or supplies, such use shall be in strict conformity with Title 25 of the Pennsylvania Department of Environmental Protection Rules and Regulations.

No use shall produce an electrical disturbance which adversely affects the operation of any equipment beyond its property line. This requirement shall not apply to electronic and electrical equipment which meet the applicable standards of the Federal Communications Commission (FCC), the Underwriters Laboratories (UL), and the Electronics Industries Association (EIA).

§ 185-54 Buffer yards.

Buffering serves to soften the outline of buildings, to screen glare and noise, and to create a visual and/or physical barrier between conflicting land uses.

Buffer yards are required between all proposed subdivisions and land developments and along existing streets. The extent of buffering required shall be determined by the type of use proposed and the adjacent uses or streets surrounding the proposed development. The impact of the proposed use on adjoining properties is the basis for establishing buffer yard standards.

Solid waste facilities shall comply with the same buffer yard standards as industrial facilities.

A cellular telecommunications facility shall comply with buffer requirements of Article IV, use "cellular telecommunications facility" in § 185-19G(2)(a)[2].

To determine the required buffer yard and planting schedule, a three-step procedure shall be followed:

Step 1: Site Analysis and Determination of Buffer Yard Class. For each property boundary, the applicant shall determine the adjacent land use or road classification. Land use information shall be determined by an on-site survey; and Chapter 153, Subdivision and Land Development, regulations shall be utilized to determine road classifications. Table 185-54[1] specifies the buffer yard class for each boundary. The applicant shall match his proposed land use with the corresponding land use or road classification for each property boundary. The letter indicates the buffer yard class.

[1]

Editor's Note: Table 185-54, Determination of Buffer Yard Class, is included at the end of this chapter.

Step 2: Selection of the Planting Option for the Buffer Class. After determining the buffer class, the applicant shall select a planting option from Table 185-54-1. For each buffer class, several planting options are available, one of which the applicant shall select to meet the buffer yard requirement for each boundary. Borough Council may consider an alternative planting or fencing option that shall have a screening capability equal to or greater than any of the available options.

Table 185-54-1 Planting Options
Class	Option
A.	(1)	1 canopy tree per 40 feet on right-of-way boundary (roads only)
	(2)	1 canopy tree per 40 feet on property (land use only)
B.	(1)	1 canopy tree per 40 feet on boundary¹
		+1 flowering tree per 60 feet - arranged on property
		+1 evergreen per 60 feet - arranged on property
	(2)	1 canopy tree per 40 feet - arranged on property
		+ hedge on boundary¹ (3-foot centers)
	(3)	1 canopy tree per 40 feet
		+1 evergreen per 30 feet - arranged on property
C.	(1)	evergreen per 30 feet - arranged on property
		+hedge on boundary¹ (3-foot centers)
	(2)	1 evergreen per 25 feet
		+ berm averaging 4 feet
	(3)	1 evergreen per 25 feet - arranged on property and boundary¹
		+1 shrub "A" per 8 feet
	(4)	1 evergreen per 20 feet
		+1 shrub "B" per 4 feet

NOTES:

¹ Planting shall be located one to five feet inside the boundary line.

Step 3: Selection of Plant Materials from the Plant Materials List. Each planting option may utilize any of the plant materials outlined in Table 185-54-2.[2] Minimum plant size, given either in height or in caliper is indicated on this table. Borough Council may permit other planting types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit as those listed in Table 185-54-2. All planting material shall meet the standards of the American Association of Nurserymen.

[2]

Editor's Note: Table 185-54-2, Plant Materials List, is included at the end of § 185-54.

The applicant shall not be required to provide a buffer yard should existing planting, topography or man-made structures, be deemed acceptable for screening purposes by Borough Council.

The options below indicate the amount of plant material that is required per linear foot of property line. Unless stated below, plantings are not required to be aligned on property right-of-way boundaries, but may be sited on any portion of the property for buffering purposes. Borough Council may permit staggering or grouping of plant materials if a satisfactory buffer is achieved.

	Table 185-54-2 Plant Materials List
	A. Canopy Trees (1 1/2 inch caliper)
		Acer ginnala, Amur Maple
		Acer rubrum, Red Maple
		Acer saccharum, Sugar Maple
		Betula alba, European White Birch
		Betula papyrifera, Paper Birch
		Fagus grandifolia, American Beech
		Fagus sylvatica, European Beech
		Fraxinus americana, White Ash
		Fraxinus pennsylvaniea lanceolata, Green Ash
		Ginko biloba, Ginko (male only)
		Liquidamber styraciflua, Sweet Gum ("Rotundifolia" is the seedless cultivar.)
		Liriodendron tulipifera, Tulip Tree
		Phellondendron amurense, Amur Cork Tree
		Plantanus acerifolia, London Plane Tree
		Quercus alba, White Oak
		Quercus borealis, Red Oak
		Quercus coccinea, Scarlet Oak
		Quercus palustris, Pin Oak
		Quercus phellos, Willow Oak
		Robina psuedoacacia inermis, Thornless Black Locust
		Sophora japonica, Japanese Pagodatree (Cultivars "Halka or "Regent")
		Tilia, Linden - all species hardy to the area
		Zelkova serrata, Japanese Zelkova (Cultivar, "Village Green")

Table 185-54-2 Plant Materials List
B. Flowering Trees
	Amelanchier canadensis, Shadblow Serviceberry	5 to 6 feet
	Cornus florida, Flowering Dogwood	5 to 6 feet
	Cornus kousa, Kousa Dogwood	5 to 6 feet
	Cornus mas, Cornelian Cherry	5 to 6 feet
	Crataegus phaenopyrum, Washington Hawthorn	5 to 6 feet
	Koelreuteria paniculata, Golden Rain Tree	8 to 10 feet
	Laburnum vossi, Goldenchain	8 to 10 feet
	Magnolia soulangeana, Saucer Magnolia	5 to 6 feet
	Magnolia virginiana, Sweetbay	5 to 6 feet
	Malus baccata, Siberian Crab	8 to 10 feet
	Malus floribunda, Japanese Flowering Crab	8 to 10 feet
	Malus hopa, Hopa Red, flowering Crab	8 to 10 feet
	Oxydendrum aboreum, Sourwood	5 to 6 feet
	Pyrus calleryana Pear (Cultivars "Aristocrat," "Capital," Chanticleer," "Cleveland Select," "Red Spire," or "White House")	8 to 10 feet
	Prunus kwanzan, Kwanzan Cherry	8 to 10 feet
	Prunus yedoensis, Yoshino Cherry	8 to 10 feet

	Table 185-54-2 Plant Materials List
	C. Evergreens (4 to 5 feet)
		Ilex opaca, American Holly
		Picea abies, Norway Spruce
		Picea omorika, Serbian Spruce
		Picea pungens, Colorado Spruce
		Pinus nigra, Austrian Pine
		Pseudotsuga menziesii, Douglas Fir
		Tsuga canadensis, Canada Hemlock

Table 185-54-2 Plant Materials List
D. Hedge
	Crataegus intricata, Thicket Hawthorn	3 to 4 feet
	Forsythia intermedia, Border Forsythia	4 to 5 feet
	Rhamnus frazula columnaris, Tallhedge Buckthorn	3 to 4 feet
	Syringa chinensis, Chinese Lilac	3 to 4 feet
	Syringa vulgaris, Common Lilac	4 to 5 feet
	Viburnum alatus, Viburnum	4 to 5 feet

Table 185-54-2 Plant Materials List
E. Shrubs
	1.	Juniperus virginiana, Upright Juniper	4 to 5 feet
		Pyracantha lalandi, Laland Firethorn	5 to 6 feet
		Taxus capitata, Upright Yew	2 1/2 to 3 feet
		Taxus hicksi, Hicks Yew	2 1/2 to 3 feet
		Thuja occidentalis, American Arborvitae	4 to 5 feet
	2.	Euonymus alatus, Winged Euonymus,	3 to 4 feet
		Hamamelis vernalis, Vernal Witch Hazel	4 to 5 feet
		Hamamelis virginiana, Common Witch Hazel	4 to 5 feet
		Ilex Verticillata, Winterberry	4 to 5 feet
		Rhamnus frangula, Glossy Buckthorn	4 to 5 feet
		Virbunum dentatum, Arrowood Viburnum	4 to 5 feet
		Virbunum lantana, Wayfaringtree Viburnum	4 to 5 feet

§ 185-55 Impact statement.

The following statement shall be submitted with all applications for incinerators, sanitary landfills, recycling facilities, and transfer stations.

Natural features. The applicant shall map the following natural features: topography (in accordance with the criteria of Chapter 153, Subdivision and Land Development), slopes in excess of 15%, floodplains and/or floodplain soils, woodland, lakes, ponds, wetlands, and watercourses. The proposed use shall be subject to the floodplain regulations and the natural features protection standards of this chapter. The plan shall map areas to be protected and the area of encroachment into each natural resource. The applicant shall submit evidence of coordination with the federal and state agencies having jurisdiction.

Environmental resources.

Sections 185-46, 185-47, 185-48, 185-49, 185-50, 185-51, 185-52 and 185-53 of this chapter establish the maximum standards for noise, smoke, ash, dust, odors, heat, glare, vibration, storage and waste disposal, and radioactivity, which shall be met by all applicants for incinerator, sanitary landfills, recycling facilities, and transfer stations. The applicant for an incinerator, recycling facility, sanitary landfill or transfer station shall submit specifications and reports that contain detailed information as to how the facility will be able to operate within the limits of the aforementioned criteria and federal and state regulations.