No land, building or structure in any district
shall be used or occupied in any manner so as to create any dangerous,
injurious, noxious or otherwise objectionable element or condition
unless the following performance requirements are observed:
A.
Fire hazards. Any activity involving the use or storage
of flammable or explosive materials shall be protected by adequate
fire-fighting and fire-suppression equipment and by such safety devices
as are normally used in the building of any such material.
B.
Radioactivity or electrical disturbances. No activity
shall emit dangerous radioactivity at any point or electrical disturbance
adversely affecting the operation at any point of any equipment other
than that of the creator of such disturbance.
C.
Noise. Sound from any source shall not exceed the limits contained in Ordinance No. 583-01, Chapter 157 of the Code of the Municipality of Murrysville.
D.
Vibration. No vibration shall be permitted that is
discernible without instruments on any adjoining lot or property.
E.
Smoke. Smoke that is of a shade equal to or darker
than No. 3 on the Standard Ringelmann Chart issued by the United States
Bureau of Mines shall not be emitted by industrial or commercial uses
for longer than eight minutes in any hour.
F.
Odors. No malodorous gas or matter shall be permitted
that is discernible on any adjoining lot or property.
G.
Air pollution. No pollution of air by fly ash, dust,
vapors or other substances shall be permitted that is harmful to health,
animals, vegetation or other property or that can cause soiling.
H.
Glare. No direct or reflected glare shall be permitted
that is visible from any property or from any public street, road
or highway.
I.
Erosion. No erosion, by either wind or water, shall
be permitted that will carry objectionable substances onto neighboring
properties.
J.
Water pollution. Pollution of water shall be subject
to the requirements and regulations established by the Pennsylvania
Department of Environmental Resources.
K.
Major excavation, grading or filling and land operations.
No major excavation, grading or filling or land operation shall be
permitted that shall fail to be undertaken in such manner as to offer
reasonable protection to the neighborhood against possible detrimental
effects, taking into consideration the physical relationship to surrounding
properties and access to site, including any nearby residential streets
that must be traversed in conveying materials to or from the site.
[Amended 3-16-2011 by Ord. No. 827-11]
Statutory authorization. The Legislature of the Commonwealth
of Pennsylvania has, by the passage of the Pennsylvania Flood Plain
Management Act of 1978, delegated the responsibility to local governmental
units to adopt floodplain management regulations to promote public
health, safety, and the general welfare of its citizenry. Therefore,
the Council of the Municipality of Murrysville does hereby order as
follows:
A.
Intent. The intent of these provisions is to promote
the general health, welfare and safety of the community, encourage
the utilization of appropriate construction practices in order to
prevent or minimize flood damage in the future, minimize danger to
public health by protecting water supply and natural drainage, reduce
financial burdens imposed on the community, its governmental units
and its residents, by preventing excessive development in areas subject
to flooding, and comply with federal and state floodplain management
requirements.
B.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
DEVELOPMENT
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
VIOLATION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood that has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH and A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides. This definition pertains only to the floodplain regulation
provisions of this chapter.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling; grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazard and the risk premium zones applicable
to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, and recreational and
other similar vehicles that are placed on a site for more than 180
consecutive days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after February 17, 1982, and includes any subsequent improvements
thereto. This definition pertains only to the floodplain regulation
provisions of this chapter.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. The "actual start" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of a slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation, or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the "actual start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
This definition pertains only to the floodplain regulation provisions
of this chapter.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10), (d)(3) (e)(2), (e)(4), or
(e)(5)[1] is presumed to be in violation until such time as that
documentation is provided. This definition pertains only to the floodplain
regulation provisions of this chapter.
[1]
Editor's Note: References are to Section 60.3 of the National
Flood Insurance Program Regulations. See 44 CFR 60.3.
C.
Applicability; abrogation; severability; liability;
compliance.
(1)
Applicability.
(a)
It shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be undertaken, any
construction or development anywhere within the Municipality unless
a building permit has been obtained from the Community Development
Department.
(b)
A building permit shall not be required for
minor repairs to existing buildings or structures.
(2)
Abrogation and greater restrictions. This section
supersedes any other conflicting provisions that may be in effect
in identified floodplain areas. However, any other section's provisions
shall remain in full force and effect to the extent that those provisions
are more restrictive. If there is any conflict between any of the
provisions of this section, the more restrictive shall apply.
(3)
Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this section shall be declared invalid
for any reason whatsoever, such a decision shall not affect the remaining
portions of this section, which shall remain in full force and effect;
and for this purpose, the provisions of this section are hereby declared
to be severable.
(4)
Warning and disclaimer of responsibility. The degree
of flood protection sought by the provisions of this section is considered
reasonable for regulatory purposes and is based on acceptable engineering
methods of study. Larger floods may occur. Flood heights may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This section does not imply that areas outside
any identified floodplain areas or that land uses permitted within
such areas will be free from flooding or flood damages. This section
shall not create liability on the part of the Municipality or any
officer or employee thereof for any flood damages that result from
reliance on this section or any administrative decision lawfully made
thereunder.
(5)
Compliance. No structure or land shall hereafter be
used and no structure shall be located, relocated, constructed, reconstructed,
enlarged or structurally altered except in full compliance with the
terms and provisions of this chapter and any other applicable ordinances
and regulations that apply to uses within the jurisdiction of this
chapter.
D.
Definition of floodplains.
(1)
Identification. The identified floodplain area shall
be any areas of the Municipality of Murrysville classified as special
flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and
the accompanying Flood Insurance Rate Maps (FIRMs), dated _____ and
issued by the Federal Emergency Management Agency (FEMA), or the most-recent
revisions thereof, including all digital data developed as part of
the Flood Insurance Study. The above-referenced FIS and FIRMs, and
any subsequent revisions and amendments, are hereby adopted by the
Municipality of Murrysville and declared to be a part of this chapter.
(2)
Description. The identified floodplain areas shall
consist of the following specific areas:
(a)
FW (Floodway Area). The areas identified as
"floodway" in the AE Zone in the Flood Insurance Study prepared by
the FEMA. The term shall also include floodway areas that have been
identified in other available studies or sources of information for
those floodplain areas where no floodway has been identified in the
Flood Insurance Study.
(b)
FF (Flood-Fringe Area). The areas identified
as Zones AE and A1-30 in the FIS which are subject to inundation by
the one-percent-annual-chance flood event, determined by detailed
methods, and which have base flood elevations (BFEs) shown.
(c)
FA (General Floodplain Area). The areas identified
as Zone A in the FIS for which no one-hundred-year-flood elevations
have been provided. When available, information from other federal,
state and other acceptable sources shall be used to determine the
one-hundred-year elevation, as well as a floodway area, if possible.
When no other information is available, the one-hundred-year elevation
shall be determined by using a point on the boundary of the identified
floodplain area that is nearest the construction site in question.
In lieu of the above, the Municipality may require the applicant to
determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Municipality.
(d)
Boundary disputes. Should a dispute concerning
any identified floodplain boundary arise, an initial determination
shall be made by the Municipality's Planning Commission, and any party
aggrieved by this decision may appeal to the Council. The burden of
proof shall be on the appellant.
(3)
Application. The provisions in this section shall
apply to any land use within any floodplain.
E.
Procedures.
(1)
General. If compliance with any of the procedures
of this section would result in an exceptional hardship to a prospective
builder, developer or landowner, the Municipality may, upon request,
grant relief from the strict application of the requirements.
(2)
Variances.
(a)
No variance shall be granted for any construction,
development, use, or activity within any FF (Flood-Fringe Area) that
would, together with all other existing and anticipated development,
increase the BFE by more than one foot at any point.
[1]
No variance or special exception shall be granted
for any construction, development, use or activity within any floodway
area that would cause any increase in the one-hundred-year-flood elevation.
[2]
Except for a possible modification of the one-and-one-half-foot freeboard requirement involved, no variance or special exception shall be granted for any of the other requirements pertaining specifically to development regulated by special permit or to development that may endanger human life. [See Subsection F(6).]
[3]
If granted, a variance shall involve only the
least modification necessary to provide relief.
[4]
In granting any variance, the Zoning Hearing
Board shall attach whatever reasonable conditions and safeguards it
considers necessary in order to protect the public health, safety
and welfare and to achieve the objectives of this section.
[6]
In reviewing any request for a variance, the
Municipality shall consider, at a minimum, the following:
[a]
That there is good and sufficient
cause.
[b]
That failure to grant the variance
would result in exceptional hardship to the applicant.
[c]
That the granting of the variance
will neither result in an unacceptable or prohibited increase in flood
heights, additional threats to public safety or extraordinary public
expense, nor create nuisances, cause fraud on or victimize the public,
or conflict with any other applicable state or local ordinances and
regulations.
[7]
A complete record of all variance and related
actions shall be maintained by the Municipality. In addition, a report
of all variances and special exceptions granted during the year shall
be included in the annual report to the Federal Insurance Administration.
(b)
Notwithstanding any of the above, however, all
structures shall be designed and constructed so as to have the capability
of resisting the one-hundred-year flood.
F.
Provisions.
(1)
General.
(a)
No encroachment, alteration or improvement of
any kind shall be made to any watercourse until all adjacent municipalities
that may be affected by such action have been notified by the Municipality
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. In addition, the Federal Emergency Management Agency
and Pennsylvania Department of Community and Economic Development
shall be notified prior to any alteration or relocation of any watercourse.
(b)
Any new construction, development, uses or activities
allowed within any identified floodplain area shall be undertaken
in strict compliance with the provisions contained in this section,
all Pennsylvania Department of Environmental Protection regulations
and any other applicable codes, ordinances and regulations.
(c)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(2)
Regulations.
(a)
Floodway District (FW).
[1]
Permitted uses. In the Floodway District (FW),
the following uses and activities are permitted, provided that they
are in compliance with the provisions of the underlying district and
are not prohibited by any other ordinance and provided that they do
not require structures, fill or storage of materials and equipment
and do not cause any increase in the one-hundred-year-flood heights.
[a]
Agricultural uses, such as general
farming, pasture, grazing, outdoor plant nurseries, horticulture,
truck farming, forestry, sod farming and wild crop harvesting.
[b]
Public and private recreational
uses and activities that will not require permanent or temporary structures
designed for human habitation, such as parks, day camps, picnic grounds,
golf courses, boat launching and swimming areas, hiking and horseback
riding trails, wildlife and nature reserves, game farms, fish hatcheries,
trap and skeet game ranges and hunting and fishing areas.
[c]
Accessory residential uses, such
as yard areas, gardens, play areas and pervious parking areas.
[d]
Accessory industrial and commercial
uses, such as yard areas, pervious parking and loading areas, airport
landing strips, heliports, etc.
[2]
Special exceptions. The following uses and activities
may be permitted by special exception, provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance.
[a]
Utilities and public facilities
and improvements, such as railroads, streets, bridges, transmission
lines, pipelines, water and sewage treatment plants and other similar
or related uses.
[b]
Extraction of sand, gravel and
other materials.
[c]
Water-related uses and activities,
such as marinas, docks, wharves, piers, etc.
[d]
Temporary uses, such as circuses,
carnivals and similar activities.
[e]
Storage of materials and equipment,
provided that they are not buoyant, flammable or explosive, hazardous
or biohazardous and are not subject to major damage by flooding or
provided that such material and equipment is firmly anchored to prevent
flotation or movement and/or can be readily removed from the area
within the time available after flood warning.
[f]
Other similar uses and activities,
provided that they cause no increase in one-hundred-year-flood heights
and/or velocities. All uses, activities and structural developments
shall be undertaken in strict compliance with the floodproofing provisions
contained in this and all other applicable codes and ordinances.
[3]
Prohibited uses shall be as follows:
[a]
All principal structures and buildings.
[b]
Sanitary landfills, junkyards,
storage of vehicles and the production, storage, use or maintenance
of a supply of any materials that are buoyant, flammable, explosive
or that may otherwise be dangerous to human life, including but not
limited to:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Pesticides (including insecticides, fungicides
and rodenticides)
| |
|
Petroleum products (gasoline, fuel oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Radioactive substances, insofar as such substances
are not otherwise regulated
| |
|
Sodium
| |
|
Sulfur and sulfur products
|
[c]
All manufactured homes.
(b)
Flood-Fringe District (FF) and General Floodplain
District (FA).
[1]
In the Flood-Fringe (FF) District and General
Floodplain (FA) District, the development and/or use of land shall
be permitted in accordance with the regulations of the underlying
district, provided that all such uses, activities and/or development
shall be undertaken in strict compliance with the elevation and floodproofing
requirements of this section.
[2]
Within any Flood-Fringe (FF) District or General Floodplain (FA) District, any structure used for production, storage, use or maintenance of a supply of the materials and substances cited in Subsection F(6)(a) shall be:
[3]
In FF (Flood-Fringe Areas) without a designated floodway, no new
development shall be permitted unless it can be demonstrated that
the cumulative effect of all past and projected development will not
increase the BFE by more than one foot.
(3)
Special requirements for FW and FA areas.
(a)
With any FW (Floodway Area), the following provisions
apply:
[1]
Any new construction, development, use, activity
or encroachment that would cause any increase in the one-hundred-year-flood
heights shall be prohibited.
[2]
No new construction or development shall be
allowed, unless a permit is obtained from the Department of Environmental
Protection, Bureau of Dams, Waterways and Wetlands.
(b)
Within any FA (General Floodplain Area), the
following provisions apply:
(4)
Elevation and floodproofing requirements.
(a)
Residential structures. Within any identified
floodplain area, any new construction or substantial improvement of
a residential structure shall have the lowest floor (including basement)
elevated up to, or above, the regulatory flood elevation.
(b)
Nonresidential structures.
[1]
Within any identified floodplain area, any new
construction or substantial improvement of a nonresidential structure
shall have the lowest floor (including basement) elevated up to or
above the regulatory flood elevation, or be designed and constructed
so that the space enclosed by such structure shall remain either completely
or essentially dry during any flood up to that height.
[2]
Any nonresidential structure or part thereof
having a lowest floor that is not elevated to at least 1 1/2
feet above the one-hundred-year-flood elevation shall be floodproofed
in a completely or essentially dry manner in accordance with the W1
or W2 space classification standards contained in the publication
entitled "Floodproofing Regulations," published by the United States
Army Corps of Engineers (June, 1972, as amended March 1992), or with
some other equivalent standard. All plans and specifications for such
floodproofing shall be accompanied by a statement certified by a registered
professional engineer or architect that states that the proposed design
and methods of construction are in conformance with the above-referenced
standards.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor
(including basement) is prohibited.
[2]
Partially enclosed space below the lowest floor
(including basement) that will be used solely for the parking of a
vehicle, building access, or incidental storage in an area other than
a basement shall be designed and constructed to allow for the automatic
entry and exit of floodwaters for the purpose of equalizing hydrostatic
forces on exterior walls. The term "partially enclosed space" also
includes crawl spaces. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or
meet or exceed the following minimum criteria:
[a]
A minimum of two openings having
a net total area of not less than one square inch for every square
foot of enclosed space.
[b]
The bottom of all openings shall
be no higher than one foot above grade.
[c]
Openings may be equipped with screens,
louvers, etc., or other coverings or devices, provided that they permit
the automatic entry and exit of floodwaters.
(d)
Accessory structures. Structures accessory to
a principal building need not be elevated or floodproofed to remain
dry but shall comply, at a minimum, with the following requirements:
[1]
The structure shall not be designed or used
for human habitation, but shall be limited to the parking of vehicles
or to the storage of tools, material and equipment related to the
principal use or activity.
[2]
Floor area shall not exceed 600 square feet.
[3]
The structure will have a low damage potential.
[4]
The structure will be located on the site so
as to cause the least obstruction to the flow of floodwaters.
[5]
Power lines, wiring and outlets will be at least
1 1/2 feet above the one-hundred-year-flood elevation.
[6]
Permanently affixed utility equipment and appliances
such as furnaces, heaters, washers, dryers, etc., are prohibited.
[7]
Sanitary facilities are prohibited.
[8]
The structure shall be adequately anchored to
prevent flotation or movement and shall be designed to automatically
provide for the entry and exit of floodwaters for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
[a]
A minimum of two openings having
a net total area of not less than one square inch for every square
foot of enclosed space.
[b]
The bottom of all openings shall
be no higher than one foot above grade.
[c]
Openings may be equipped with screens,
louvers, etc., or other coverings or devices, provided that they permit
the automatic entry and exit of floodwaters.
[9]
Elevated or designed and constructed to remain
completely dry up to at least 1 1/2 feet above the one-hundred-year
flood.
(5)
Design and construction standards. The following minimum
standards shall apply for all construction and development proposed
within any identified floodplain area:
(a)
Fill. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the
building line from all points.
[2]
Consist of soil or small rock materials only.
Sanitary landfills shall not be permitted.
[3]
Be compacted to provide the necessary permeability
and resistance to erosion, scouring or settling.
[4]
Be no steeper than one vertical to two horizontal
feet unless substantiated data justifying steeper slopes are submitted
to and approved by the Community Development Department.
[5]
Be used to the extent to which it does not adversely
affect adjacent properties.
(b)
Drainage facilities. Storm drainage facilities
shall be designed to convey the flow of stormwater runoff in a safe
and efficient manner. The system shall ensure proper drainage along
streets and provide positive drainage away from buildings. The system
shall also be designed to prevent the discharge of excess runoff onto
adjacent properties.
(c)
Water and sanitary sewer facilities and systems.
[1]
All new or replacement water and sanitary sewer
facilities and systems shall be located, designed and constructed
to minimize or eliminate flood damages and the infiltration of floodwaters.
[2]
Sanitary sewer facilities and systems shall
be designed to prevent the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site sewage system shall be
located within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it or contamination from it during a flood.
(d)
Other utilities. All other utilities, such as
gas lines, electrical and telephone systems, shall be located, elevated
(where possible) and constructed to minimize the chance of impairment
during a flood.
(e)
Streets. The finished elevation of all new streets
shall be no more than one foot below the regulatory flood elevation.
(f)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life and not listed in Subsection F(6)(a), Development, that may endanger human life shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(g)
Placement of building and structures. All buildings
and structures shall be designed, located and constructed so as to
offer the minimum obstruction to the flow of water and shall be designed
to have a minimum effect upon the flow and height of floodwater.
(h)
Anchoring.
[1]
All buildings and structures shall be firmly
anchored in accordance with accepted engineering practices to prevent
flotation, collapse or lateral movement.
[2]
All air ducts, large pipes, storage tanks and
other similar objects or components located below the regulatory flood
elevation shall be securely anchored or affixed to prevent flotation.
(i)
Floors, walls and ceilings.
[1]
Wood flooring used at or below the regulatory
flood elevation shall be installed to accommodate a lateral expansion
of the flooring, perpendicular to the flooring grain without causing
structural damage to the building.
[2]
Plywood used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
[3]
Walls and ceilings at or below the regulatory
flood elevation shall be designed and constructed of materials that
are water-resistant and will withstand inundation.
[4]
Windows, doors and other components at or below
the regulatory flood elevation shall be made of metal or other water-resistant
material.
(j)
Paints and adhesives.
[1]
Paints and other finishes used at or below the
regulatory flood elevation shall be of marine or water-resistant quality.
[2]
Adhesives used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
[3]
All wooden components (doors, trim, cabinets,
etc.) shall be finished with a marine or water-resistant paint or
other finishing material.
(l)
Equipment. Water heaters, furnaces, air-conditioning
and ventilating units and other electrical, mechanical or utility
equipment or apparatus shall not be located below the regulatory flood
elevation.
(m)
Fuel supply systems. All gas and oil supply
systems shall be designed to prevent the infiltration of floodwaters
into the system and discharges from the system into floodwaters. Additional
provisions shall be made for the drainage of these systems in the
event that floodwater infiltration occurs.
(6)
Development that may endanger human life.
(a)
In accordance with the Pennsylvania Floodplain
Management Act and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure that will be used for the production or storage
of any of the following dangerous materials or substances; or will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons or other comparable volume of any of the following
dangerous materials or substances on the premises; or will involve
the production, storage or use of any amount of radioactive substances
shall be subject to the provisions of this section, in addition to
all other applicable provisions. The following list of materials and
substances are considered dangerous to human life:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Pesticides (including insecticides, fungicides,
and rodenticides)
| |
|
Petroleum products (gasoline, fuel oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Radioactive substances, insofar as such substances
are not otherwise regulated
| |
|
Sodium
| |
|
Sulfur and sulfur products
|
(b)
Within any FW (Floodway Area), any structure of the kind described in Subsection F(6)(a) above shall be prohibited.
(c)
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection F(6)(a) above shall be:
(d)
Any such structure or part thereof that will
be built below the regulatory flood elevation shall be designed and
constructed in accordance with the standards for completely dry floodproofing
contained in the publication "Floodproofing Regulations" (United States
Army Corps of Engineers, June 1972, as amended March 1992) or with
some other equivalent watertight standard.
(7)
Special requirements for manufactured homes.
(a)
Within any FW (Floodway Area), manufactured
homes shall be prohibited.
(b)
Within any FA (General Floodplain area), manufactured
homes shall be prohibited within the area measured 50 feet landward
from the top-of-bank of any watercourse.
(c)
Where permitted within any floodplain area,
all manufactured homes and any improvements thereto shall be:
(8)
Special
requirements for subdivisions. All subdivision proposals and development
proposals containing at least 50 lots or at least five acres, whichever
is the lesser, in flood hazard areas where base flood elevation data
are not available shall be supported by hydrologic and hydraulic engineering
analyses that determine base flood elevations and floodway information.
The analyses shall be prepared by a licensed professional engineer
in a format required by FEMA for a conditional letter of map revision
or letter of map revision. Submittal requirements and processing fees
shall be the responsibility of the applicant.
G.
Existing structures in floodplain areas.
(1)
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection G(2) shall apply.
(2)
Improvements. The following provisions shall apply
whenever any improvement is made to an existing structure located
within any identified floodplain area:
(a)
No expansion or enlargement of an existing structure
shall be allowed within any floodway area that would cause any increase
in the elevation of the one-hundred-year flood.
(b)
Any modification, alteration, reconstruction
or improvement of any kind to an existing structure to an extent or
amount of 50% or more of its market value shall constitute a substantial
improvement and shall be undertaken only in full compliance with the
provisions of this section.
(c)
Any modification, alteration, reconstruction
or improvement of any kind to an existing structure, to an extent
or amount of less than 50% of its market value, shall be elevated
and/or floodproofed to the greatest extent possible.
(d)
No expansion or enlargement of an existing structure shall be allowed
within any FF (Flood-Fringe Area) that would, together with all other
existing and anticipated development, increase the BFE more than one
foot at any point.
H.
Lot size, setbacks and side yards. Lot and area regulations
not otherwise controlled by this section shall meet the requirements
of the zoning district in which the lot lies.
I.
Activities requiring special permits.
(1)
General. In accordance with the administrative regulations
promulgated by the Department of Community and Economic Development
to implement the Pennsylvania Floodplain Management Act, the following
activities shall be prohibited within any identified floodplain area
unless a special permit has been issued by the Municipality.
(2)
Application requirements for special permits. Applicants
for special permits shall provide five copies of the following items:
(a)
A written request including a completed building
permit application form.
(b)
A small-scale map showing the vicinity in which
the proposed site is located.
(c)
A plan of the entire site, clearly and legibly
drawn at a scale of one inch being equal to 100 feet or less, showing
the following:
[1]
North arrow, scale and date.
[2]
Topography based upon the North American Vertical
Datum of 1988, showing existing and proposed contours at intervals
of two feet.
[3]
All property and lot lines, including dimensions,
and the size of the site expressed in acres or square feet.
[4]
The location of all existing streets, drives,
other accessways and parking areas, with information concerning widths,
pavement types and construction and elevations.
[5]
The location of any existing bodies of water
or watercourses, buildings, structures and other public or private
facilities, including railroad tracks and facilities, and any other
natural and man-made features affecting or affected by the proposed
activity or development.
[6]
The location of the floodplain boundary line,
information and spot elevations concerning the one-hundred-year-flood
elevations and information concerning the flow of water, including
direction and velocities.
[7]
The location of all proposed buildings, structures,
utilities and any other improvements.
[8]
Any other information that the Municipality
considers necessary for adequate review of the application.
(d)
Plans of all proposed buildings, structures
and other improvements, clearly and legibly drawn at suitable scale,
showing the following:
[1]
Sufficiently detailed architectural or engineering
drawings, including floor plans, sections and exterior building elevations,
as appropriate.
[2]
For any proposed building, the elevation of
the lowest floor (including basement) and, as required, the elevation
of any other floor.
[3]
Complete information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with the one-hundred-year flood.
[4]
Detailed information concerning any proposed
floodproofing measures.
[5]
Cross-section drawings for all proposed streets,
drives, other accessways and parking areas, showing all right-of-way
and pavement widths.
[6]
Profile drawings for all proposed streets, drives
and vehicular accessways, including existing and proposed grades.
[7]
Plans and profiles of all proposed sanitary
and storm sewer systems, water supply systems and any other utilities
and facilities.
(e)
The following data and documentation:
[1]
Certification from the applicant that the site
upon which the activity or development is proposed is an existing
separate and single parcel, owned by the applicant or the client he
represents.
[2]
Certification from a registered professional
engineer, architect or landscape architect that the proposed construction
has been adequately designed to protect against damage from the one-hundred-year
flood.
[3]
A statement, certified by a registered professional
engineer, architect, landscape architect or other qualified person,
which contains a complete and accurate description of the nature and
extent of pollution that might possibly occur from the development
during the course of a one-hundred-year flood, including a statement
concerning the effects such pollution may have on human life.
[4]
A statement, certified by a registered professional
engineer, architect or landscape architect, that contains a complete
and accurate description of the effects the proposed development will
have on one-hundred-year-flood elevations and flows.
[5]
A statement, certified by a registered professional
engineer, architect or landscape architect, that contains a complete
and accurate description of the kinds and amounts of any loose buoyant
materials or debris that may possibly exist or be located on the site
below the one-hundred-year-flood elevation and the effects such materials
and debris may have on one-hundred-year-flood elevations and flows.
[6]
The appropriate component of the Department
of Environmental Protection's Planning Module for Land Development.
[7]
Where any excavation or grading is proposed,
a plan meeting the requirements of the Department of Environmental
Protection to implement and maintain erosion and sedimentation control.
[8]
Any other applicable permits such as, but not
limited to, a permit for any activity regulated by the Department
of Environmental Protection under § 302 of Act 1978-166.
[9]
An evacuation plan that fully explains the manner
in which the site will be safely evacuated before or during the course
of a one-hundred-year flood.
(3)
Application review procedures. Upon receipt of an application for a special permit by the Municipality, the following procedures shall apply in addition to those of Subsection I(2):
(a)
Within three working days following receipt
of the application, a complete copy of the application and all accompanying
documentation shall be forwarded to the County Planning Commission,
by registered or certified mail, for its review and recommendations.
All costs for plan review by the County shall be paid by the applicant.
Copies of the application shall also be forwarded to the Municipal
Planning Commission and Municipal Engineer for review and comment.
(b)
If an application is received that is incomplete,
the Municipality shall notify the applicant, in writing, stating in
what respect the application is deficient.
(c)
If the Municipality decides to disapprove an
application, it shall notify the applicant, in writing, of the reasons
for the disapproval.
(d)
If the Municipality approves an application,
it shall file written notification, together with the application
and all pertinent information, with the Department of Community and
Economic Development, by registered or certified mail, within five
working days after the date of approval. All costs for plan review
by the Department of Community and Economic Development shall be paid
by the applicant.
(e)
Before issuing the special permit, the Municipality
shall allow the Department of Community and Economic Development 30
days after receipt of the notification by the Department to review
the application and decision made by the Municipality.
(f)
If the Municipality does not receive any communication
from the Department of Community and Economic Development during the
thirty-day review period, it may issue a special permit to the applicant.
(g)
If the Department of Community and Economic
Development should decide to disapprove an application, it shall notify
the Municipality and the applicant, in writing, of the reasons for
the disapproval, and the Municipality shall not issue the special
permit.
(4)
Special technical requirements.
(a)
In addition to the requirements of Subsection F of this section, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Subsection F of this section or in any other code, ordinance or regulation, the more restrictive provisions shall apply.
(b)
No application for a special permit shall be
approved unless it can be determined that the structure or activity
will be located, constructed and maintained in a manner which will:
[1]
Fully protect the health and safety of the general
public and any occupants of the structure. At a minimum, all new structures
shall be designed, located and constructed so that:
[a]
The structure will survive inundation
by waters of the one-hundred-year flood without any lateral movement
or damage to either the structure itself or to any of its equipment
or contents below the one-hundred-year-flood elevation.
[b]
The lowest floor (including basement)
elevation will be at least 1 1/2 feet above the one-hundred-year-flood
elevation.
[c]
The occupants of the structure
can remain inside for an indefinite period of time and be safely evacuated
at any time during the one-hundred-year flood.
[2]
Prevent any significant possibility of pollution,
increased flood levels or flows or debris endangering life and property.
(c)
All hydrologic and hydraulic analyses shall
be undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the Municipality and the Department
of Community and Economic Development.
J.
Administration.
(1)
Designation
of the floodplain administrator. The Zoning Officer within the Department
of Community Development is hereby appointed to administer and enforce
this section and is referred to herein as the “floodplain administrator.”
(2)
Changes
in identification of area. The identified floodplain area may be revised
or modified by the Council where studies or information provided by
a qualified agency or person documents the need for such revision.
However, prior to any such change, approval must be obtained from
FEMA. Additionally, as soon as practicable, but not later than six
months after the date such information becomes available, a community
shall notify FEMA of the changes by submitting technical or scientific
data.
(3)
Permits.
(a)
Building permit required. Building permits shall
be required before any construction or development is undertaken within
any area of the Municipality of Murrysville.
(b)
Issuance of building permit; notification prior
to alteration.
[1]
Issuance of building permit.
[a]
The Community Development Department
shall issue a building permit only after it has been determined that
the proposed work to be undertaken will be in conformance with the
requirements of this and all other applicable codes and ordinances.
[b]
Prior to the issuance of any building
permit, the Community Development Department shall review the application
for the permit to determine if all other necessary government permits
required by state and federal laws have been obtained, such as those
required by the Pennsylvania Sewage Facilities Act (Act 1966-537,
as amended); the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394,
amended); and the United States Clean Water Act § 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
[c]
No encroachment, alteration or
improvement of any kind shall be made to any watercourse until all
adjacent municipalities that may be affected by such action have been
notified by the Municipality and until all required permits or approvals
have been first obtained from the Department of Environmental Protection,
Bureau of Dams, Waterways and Wetlands.
[2]
In addition, the Federal Emergency Management
Agency (FEMA) and Pennsylvania Department of Community and Economic
Development, Strategic Planning and Operations Office, shall be notified
by the Municipality prior to any alteration or relocation of any watercourse.
(c)
Application procedures and requirements.
[1]
Application for such a building permit shall
be made, in writing, to the Community Development Department on forms
supplied by the Municipality. Such application shall contain the following:
[a]
The name and address of the applicant.
[b]
The name and address of the owner
of land on which proposed construction is to occur.
[c]
The name and address of the contractor.
[d]
The site location.
[e]
A listing of other permits required.
[f]
A brief description of proposed
work and estimated cost.
[g]
A plan of the site showing the
exact size and location of the proposed construction as well as any
existing buildings or structures.
[2]
If any proposed construction or development
is located entirely or partially within any identified floodplain
area, applicants for building permits shall provide all the necessary
information in sufficient detail and clarity to enable the Community
Development Department to determine that:
[a]
All such proposals are consistent
with the need to minimize flood damage and conform to the requirements
of this and all other applicable codes and ordinances.
[b]
All utilities and facilities, such
as sewer, gas, electrical and water systems, are located and constructed
to minimize or eliminate flood damage.
[c]
Adequate drainage is provided so
as to reduce exposure to flood hazards.
[3]
Applicants shall file the following minimum
information plus any other pertinent information as may be required
by the Community Development Department to make the above determination:
[a]
A completed building permit application
form.
[b]
A plan of the entire site clearly
and legibly drawn at a scale of one inch being equal to 100 feet or
less, showing the following:
[i]
North arrow, scale and date.
[ii]
Topographic contour lines, if
available.
[iii]
All property and lot lines, including
dimensions, and the size of the site expressed in acres or square
feet.
[iv]
The location of all existing and
proposed buildings, structures and other improvements, including the
location of any existing or proposed subdivision and land development.
[v]
The location of all existing streets,
drives and other accessways.
[vi]
The location of any existing bodies
of water and watercourses, identified floodplain areas and, if available,
information pertaining to the floodway and the flow of water, including
direction and velocities.
[c]
Plans of all proposed buildings,
structures and other improvements, drawn at suitable scale, showing
the following:
[i]
The proposed lowest floor elevation
of any proposed building based upon North American Vertical Datum
of 1988.
[ii]
The elevation of the one-hundred-year
flood.
[iii]
If available, information concerning
flood depths, pressures, velocities, impact and uplift forces and
other factors associated with a one-hundred-year flood.
[iv]
Detailed information concerning
any proposed floodproofing measures.
[d]
The following date and documentation:
[i]
A document, certified by a registered
professional engineer or architect, that states that the proposed
construction or development has been adequately designed to withstand
the pressures, velocities, impact and uplift forces associated with
the one-hundred-year flood. Such statement shall include a description
of the type and extent of floodproofing measures that have been incorporated
into the design of the structure and/or the development.
[iii]
The amount, location and purpose of any materials or substances referred to in Subsection F(5)(f) that are intended to be used, produced, stored or otherwise maintained on site.
[iv]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Subsection F(6) during a one-hundred-year flood.
[v]
The appropriate component of the
Department of Environmental Protection's Planning Module for Land
Development.
[vi]
Where any excavation of grading
is proposed, a plan meeting the requirements of the Department of
Environmental Protection to implement and maintain erosion and sedimentation
control.
(d)
Review by County Conservation District. A copy
of all applications and plans for any proposed construction or development
in any identified floodplain area to be considered for approval shall
be submitted by the Community Development Department to the County
Conservation District for review and comment prior to the issuance
of a building permit. The recommendations of the Conservation District
shall be considered by the Community Development Department for possible
incorporation into the proposed plan.
(e)
Review of application by others. A copy of all
plans and applications for any proposed construction or development
in any identified floodplain area to be considered for approval may
be submitted by the Community Development Department to any other
appropriate agencies and/or individuals for review and comment.
(f)
Changes. After the issuance of a building permit
by the Community Development Department, no changes of any kind shall
be made to the application, permit or any of the plans, specifications
or other documents submitted with the application without the written
consent or approval of the Community Development Department. Requests
for any such change shall be in writing and shall be submitted by
the applicant to the Community Development Department for consideration.
(g)
Placards. In addition to the building permit,
the Community Development Department shall issue a placard that shall
be displayed on the premises during the time construction is in progress.
This placard shall show the number of the building permit, the date
of its issuance, and be signed by the Community Development Department.
(h)
Start of construction. Work on the proposed
construction and/or development shall begin within six months and
shall be completed within 12 months after the date of issuance of
the building permit, or the permit shall expire, unless a time extension
is granted, in writing, by the Community Development Department. Construction
and/or development shall be considered to have started with the preparation
of land, land clearing, grading, filling, excavation of basement,
footings, piers or foundations, erection of temporary forms, the installation
of piling under proposed subsurface footings or the installation of
sewer, gas and water pipes or electrical or other service lines from
the street. Time extensions shall be granted only if a written request
is submitted by the applicant that sets forth sufficient and reasonable
cause for the Community Development Department to approve such a request.
(i)
Inspection and revocation.
[1]
During the construction period, the Community
Development Department or other authorized official shall inspect
the premises to determine that the work is progressing in compliance
with the information provided on the permit application and with all
applicable municipal laws and ordinances. He shall make as many inspections
during and upon completion of the work as are necessary.
[2]
In the discharge of its duties, the Community
Development Department shall have the authority to enter any building,
structure, premises or development in the identified floodplain area,
upon presentation of proper credentials, at any reasonable hour to
enforce the provisions of this section.
[3]
In the event that the Community Development
Department discovers that the work does not comply with the permit
application or any applicable laws and ordinances or that there has
been a false statement or misrepresentation by any applicant, the
Community Development Department shall revoke the building permit
and report such fact to the Council for whatever action it considers
necessary.
[4]
A record of all such inspections and violations
of this section shall be maintained.
(j)
Enforcement.
[1]
Notices. Whenever the Community Development
Department or other authorized municipal representative determines
that there are reasonable grounds to believe that there has been a
violation of any provisions of this section, or of any regulations
adopted pursuant thereto, the Community Development Department shall
give notice of such alleged violation as hereinafter provided. Such
notice shall be in writing; include a statement of the reasons for
its issuance; allow a reasonable time not to exceed a period of 30
days for the performance of any act it requires; and be served upon
the property owner or his agent as the case may require; provided,
however, that such notice or order shall be deemed to have been properly
served upon such owner or agent when a copy thereof has been served
with such notice by any other method authorized or required by the
laws of this state and contain an outline of remedial action which,
if taken, will effect compliance with the provisions of this chapter.
[2]
Any development initiated or any structure or
building constructed, reconstructed, enlarged, altered or relocated
in noncompliance with this chapter may be declared by the Council
to be a public nuisance and abatable as such.
(k)
Appeals.
[1]
Any person aggrieved by any action or decision of the Community Development Department concerning the administration of the provisions of this section may appeal to the Municipality of Murrysville Zoning Hearing Board per procedures described in Article X of this chapter.
[2]
Any person aggrieved by any decision of the
Zoning Hearing Board may seek relief therefrom by appeal to court,
as provided by the laws of this commonwealth, including the Pennsylvania
Floodplain Management Act.
A.
Purpose. The purpose of this section shall be to minimize
adverse effects of improper construction on areas of steep slopes,
such as slippage, accelerated erosion, damage to water quality, disturbance
of natural features such as rock outcrops, springs, removal of natural
vegetation and creation of unsightly slopes. Further, this section
shall discourage construction in areas unsuitable for building and
promote open space on hillsides, in its natural state.
B.
Definition. "Areas of steep slopes" are defined as
areas of existing topography where, in over a one-hundred-foot horizontal
distance, or where the difference in elevation is over 20 feet, the
slope equals or exceeds 25% from the top to bottom of the break in
grade.
C.
Application. The provisions of this section shall
apply to all properties or all parts of properties in the Municipality.
D.
Procedures.
(1)
Initial determination. An initial determination of the boundaries of the areas of steep slopes shall be made by the Zoning Officer, based upon data and maps described in Subsection B, Definition.
(2)
Reclassification. Upon receipt of the initial determination
by the Zoning Officer, the landowner or his agent may provide additional
information to the Zoning Officer if he believes he has a basis for
a reclassification. Such information shall include detailed topographic
surveys prepared by a qualified registered engineer, geologist or
surveyor, on-site slope investigations by a registered engineer with
experience in geotechnical work. The USDA Soil Conservation Service,
USGS, USACE, or any other qualified party acceptable to the Municipality
or a landowner or his agent may demonstrate that the proposed project
would not have an adverse impact, such as slippage accelerated erosion
and sedimentation, damage to water quality and increased instability
or soils. The cost for such studies and surveys shall be borne by
the landowner. All information so submitted shall be reviewed by the
Municipal Engineer, who shall provide a written recommendation supporting
or denying the request for reclassification.
(3)
Formal interpretation. In the event that a landowner
or his agent is aggrieved by a reclassification decision, appeal may
be made to the Zoning Hearing Board.
E.
Municipal liability. The grant of a zoning or building
permit or approval of a subdivision plan in steeply sloped areas shall
not constitute a representation, guaranty or warranty of any kind
by the Municipality, or by any official or employee thereof, of the
practicability or safety of the proposed use and shall create no liability
upon the Municipality, its officials or employees.
F.
Permitted uses. The uses listed below may be authorized
in areas of steep slopes and shall be subject to all other regulations
adopted by the Municipality.
(1)
Agricultural uses, including cultivation and harvesting
crops, and grazing and pasturing.
(2)
Horticultural uses, including the raising and propagating
of trees, shrubs, flowers and other vegetative material.
(3)
Recreational uses, including public and private parks,
day camps, picnic groves, golf courses, hunting and fishing.
(4)
Forestry, lumbering and reforestation, excluding storage
and mill structures.
(5)
Game farms and hunting and fishing reserves.
(6)
Wildlife sanctuary and woodland reserve.
(7)
Grading or regrading of the land, involving up to
500 cubic yards of cut and fill, and/or a cut or fill depth of up
to eight feet, and/or affecting up to three acres; however, same shall
be subject to the provisions of the Land Operations Ordinance[1] for permit and inspections.
(8)
Aboveground utility lines.
G.
Conditional uses. The uses listed below may be authorized
in areas of steep slopes and shall be subject to all other regulations
adopted by the Municipality.
(1)
Uses stated below may be considered on or within 50
feet of slopes between 25% and 40%:
(a)
Dams, culverts and bridges.
(b)
Paved roads, driveways and parking areas.
(c)
Impounding basins, stormwater facilities.
(d)
Underground utility lines.
(e)
Grading or regrading of the land involving greater
than or equal to 500 cubic yards of cut and fill, and/or a cut or
fill depth greater than or equal to eight feet and/or affecting three
or more acres.
(f)
Buildings, structures or retaining walls and
required front, side or rear yards.
(g)
Required minimum front, side or rear setbacks.
(2)
Conditional use requests shall be accompanied by a
revegetation or reforesting plan that will restore the natural characteristics
of the area to the extent practicable. It shall further be accompanied
by a detailed engineering study certified by a registered professional
engineer experienced in soils engineering, prepared by a registered
professional soils engineer approved by the Municipality and containing
the following, at a minimum:
(a)
Detailed site maps at a scale of not less than
one inch equals 50 feet with existing and proposed two-foot contours.
(b)
An investigation of the geological structure
of the site, confirmed by on-site test borings or pits.
(c)
Statement of the anticipated problems.
(d)
Solutions accompanied by a slope stability analysis
demonstrating a factor of safety greater than 1.4.
(e)
Detailed construction plans.
(f)
Inspection procedures.
I.
Standards. All activity in this district shall be
required to meet the standards of the land operations regulations.
A.
Permitted uses: none.
B.
Conditional uses. The uses listed below may be authorized
in areas of steep slopes and shall be subject to all other regulations
adopted by the Municipality.
(2)
Conditional use requests shall be accompanied by a
revegetation or reforesting plan that will restore the natural characteristics
of the area to the extent practicable. It shall further be accompanied
by a detailed engineering study certified by a registered engineer
experienced in soils engineering and approved by the Municipality.
It shall contain the following, at a minimum:
(a)
Detailed site maps at a scale of not less than
one inch equals 50 feet with existing and proposed two-foot contours.
(b)
An investigation of the geological structure
of the site, confirmed by on-site test borings or pits.
(c)
Statement of the anticipated problems.
(d)
Solutions accompanied by a slope stability analysis
demonstrating a factor of safety greater than 1.4.
(e)
Detailed construction plans.
(f)
Inspection procedures.
A.
Purpose. The purpose of this section shall be to minimize
adverse effects of improper construction in areas of poor soils, such
as slippage, accelerated erosion and sedimentation, damage to water
quality and increased instability of soils.
B.
Definition. Poor soils, listed herein, are defined
by the Soils Survey of Westmoreland County, the Soil Conservation
Service and the USDA:
C.
Application. The provisions of this section shall
apply to all properties or all parts of properties in the Municipality.
D.
Procedures.
(1)
Initial determination. An initial determination of the boundaries of areas of poor soils shall be made by the Zoning Officer, based upon data and maps described in Subsection B, Definition.
(2)
Reclassification. Upon receipt of the initial determination
by the Zoning Officer, the landowner or his agent may provide additional
information to the Zoning Officer if he believes he has a basis for
a reclassification. Such information shall include detailed topographic
surveys prepared by a qualified registered engineer, geologist or
surveyor and on-site soils investigations by a registered engineer
experienced in geotechnical work. The USDA Soil Conservation Service,
USGS, USACE or any other qualified party acceptable to the Municipality
or a landowner or his agent may demonstrate that the proposed project
would not have an adverse impact, such as slippage, accelerated erosion
and sedimentation, damage to water quality and increased instability
of soils. The cost for such studies and surveys shall be borne by
the landowner. All information so submitted shall be reviewed by the
Municipal Engineer, who shall provide a written recommendation supporting
or denying the request for reclassification.
(3)
Formal interpretation. In the event that a landowner
or his agent is aggrieved by a reclassification decision, appeal may
be made to the Zoning Hearing Board.
E.
Municipal liability. The grant of a zoning or building
permit or approval of a subdivision plan in an area of poor soils
shall not constitute a representation, guaranty or warranty of any
kind by the Municipality, or by any official or employee thereof,
of the practicability or safety of the proposed use and shall create
no liability upon the Municipality, its officials or employees.
F.
Permitted uses: The uses listed below may be authorized
in areas of poor soils and shall be subject to all other regulations
adopted by the Municipality.
(1)
Horticultural uses, including but not limited to raising
and propagating of trees, shrubs, flowers and other vegetative material.
(2)
Agricultural uses, including but not limited to cultivation
and harvesting of crops, grazing and pasturing.
(3)
Recreational uses, including but not limited to public
and private parks, day camps, picnic groves, golf courses, hunting
and fishing.
(4)
Forestry, lumbering and reforestation, excluding storage
and mill structures.
(5)
Game farms and hunting and fishing reserves.
(6)
Wildlife sanctuary and woodland reserve.
(7)
Grading or regrading of the land, involving up to
500 cubic yards of cut and fill and/or cut or fill depth up to eight
feet, and/or affecting up to three acres; however, same shall be subject
to the provisions of the Land Operations Ordinance for permit and
inspections.
(8)
Utility lines.
G.
Conditional uses. The uses listed below may be authorized
in areas of steep slopes and shall be subject to all other regulations
adopted by the Municipality.
(1)
Uses listed below may be considered on or within 50
feet of an area of poor soils:
(a)
Dams, culverts and bridges.
(b)
Paved roads, driveways and parking areas.
(c)
Impounding basins and stormwater facilities.
(d)
Grading or regrading of the land involving greater
than or equal to 500 cubic yards of cut and fill, and/or a cut or
fill depth greater than or equal to eight feet, and/or affecting three
or more acres.
(e)
Buildings, structures or retaining walls.
(f)
Required minimum front, side or rear setbacks.
(2)
Conditional use requests shall be accompanied by a
revegetation or reforesting plan that will restore the natural characteristics
of the area to the extent practicable. It shall further be accompanied
by a detailed engineering study certified by a registered professional
engineer experienced in soils engineering and approved by the Municipality
and containing the following, at a minimum:
(a)
Detailed site maps at a scale of not less than
one inch equals 50 feet with existing and proposed two-inch contours.
(b)
An investigation of the geological structure
of the site, confirmed by on-site test borings or pits.
(c)
Statement of special conditions.
(d)
Solutions accompanied by a slope stability analysis,
demonstrating a factor of safety greater than 1.4.
(e)
Detailed construction plans.
(f)
Inspection procedures.
I.
Standards. All activity in this district shall be
required to meet the standards of the land operations regulations.
The purpose and intent of this article is to
protect wetland systems and sustain wetland hydroperiods, to minimize
activities that degrade, destroy or otherwise negatively impact wetland
values and functions and, where appropriate, to reestablish and restore
productive wetland systems. Further, it is the purpose and intent
of this article to promote ecological stability, improve water quality,
prevent flooding and protect property and environmental resources.
Wetlands serve many important hydrological and ecological values and
functions. They reduce the impact of flooding by acting as natural
retention and water storage areas. Wetlands act as groundwater recharge
areas and protect water supplies for environmental, urban and agricultural
use. Wetlands protect groundwater table levels and help minimize damage
from fires. Wetlands provide inflows of clean water to the rivers
and estuaries through surface and groundwater connections and minimize
urban runoff by filtering water. They provide green space and biological
diversity and serve to cool the atmosphere. Wetlands act as productive
biological systems, providing habitat for a variety of animal species.
Wetlands are important to our community values and aesthetic appearance.
A.
All wetlands in the Municipality of Murrysville shall be protected. No negative impacts shall be allowed within wetlands or wetland buffers except as specifically provided for in § 220-42. All development must be consistent with the wetland protection requirements of this article in addition to federal and state regulations for the protection of wetlands. The applicant, prior to the issuance of any development approval or permit, must demonstrate compliance with these requirements. The requirements of this article to protect wetlands and wetland buffers shall apply to all activities, whether urban, suburban, rural or agricultural.
B.
In addition to the requirements of this article, all applicants must comply with all the requirements of the Commonwealth of Pennsylvania, Title 25, Chapter 102 (Erosion and Sediment Pollution Control Rules and Regulations), Chapter 105 (Dam Safety and Waterway Management), and the Clean Streams Law. The applicant must also obtain any other permits that may be required by federal, state, county or local law or ordinance.
As used in this article, the following terms
shall have the meanings indicated:
A condition in which molecular oxygen is virtually absent.
The regulated area surrounding a wetland or stream.
Those endangered species identified and/or discovered by
a Pennsylvania Natural Diversity Index (PNDI) search.
Nonnative plant material, often invasive, which is aggressive
in nature.
Species that can occur both in wetlands and uplands; there
are three categories of facultative species:
Facultative wetland plants (FACW) that usually
occur in wetlands (estimated probability 67% to 99%) but occasionally
are found in nonwetlands;
Facultative plants (FAC) that are equally likely
to occur in wetlands or nonwetlands (estimated probability 34% to
66%); and
Facultative upland plants (FACU) that usually
occur in nonwetlands (estimated probability 67% to 99%) but occasionally
are found in wetlands (estimated probability 1% to 33%).
Soil that is wetted to produce anaerobic conditions.
Plants that have the ability to grow, effectively compete,
reproduce, and/or persist in anaerobic soil conditions. Lists of these
plants are available from the Environmental Protection Agency or Fish
and Wildlife Agency.
The duly appointed representative of the Municipality of
Murrysville.
The Municipality of Murrysville.
The normal seasonal fluctuations in the surface and ground
water levels of wetlands and the resulting duration of surface flooding
in response to seasonal rainfall.
Refers to the soil and hydrologic conditions that are normally
present.
Species that are found only in wetlands as opposed to ubiquitous
species that grow either in wetlands or upland.
That individual trained and certified in the identification
and delineation of wetlands by an accredited agency, such as the United
States Army Corps of Engineers or the Society of Wetland Scientists
or equivalent.
Those threatened species identified and/or discovered by
a Pennsylvania Natural Diversity Index (PNDI) search or as identified
by other agencies.
Any natural or artificial pond, lake, reservoir or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline but not including a natural drainage system.
Inundation by water sufficient to support hydrophytic vegetation
and develop hydric soils.
An action undertaken to accomplish one or more of the following:
Avoid and minimize impacts by limiting the degree
or magnitude of the action and its implementation.
Rectify the impact by repairing, rehabilitating
or restoring the impacted environment.
Reduce or eliminate the impact over time by
preservation and maintenance operations during the life of the action.
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
are an ecosystem type, sometimes occurring between upland and deep-water
areas, that performs many important functions, including fish and
wildlife habitat, flood protection, erosion control and water quality
maintenance. Wetlands must be comprised of more than 50% of the composition
of the dominant species obligate wetland (OBL), facultative wetlands
species (FACW), and/or facultative (FAC) species. Wetlands shall be
delineated by a qualified environmental scientist in a manner consistent
with those described in the 1987 United States Army Corps of Engineers
Wetlands Delineation Manual.
The initial map shall consist of hydric soils indicated on
the Westmoreland County Soil Survey and wetlands recognized on the
National Wetlands Inventory Maps, hydrologic, vegetation and forest
maps.
The Board members duly appointed by the Municipality of Murrysville.
The Zoning Officer or his authorized representative appointed
by the Municipality of Murrysville.
A.
All submittals for subdivisions, site plans and/or plats shall be required to show wetland boundaries within the area of the proposed plan and required wetland buffers in accordance with § 220-42. Said wetlands shall be delineated by a qualified environmental scientist in a manner consistent with those described in the 1987 United States Army Corps of Engineers Wetlands Delineation Manual. A checklist of applicable requirements set forth by the Municipal Engineer must be included in the plan submittal or the plan will not be considered for technical review.
B.
Where wetlands are found not to exist, applicants
shall submit a written statement certifying wetlands are not present
within the project limits for subdivisions, site plans and/or plats.
C.
Prior to final approval by the Municipality for subdivisions,
site plans and/or plats, applicants must demonstrate the submittal
of necessary wetland permit applications to appropriate federal, state
and/or county authorities. Final approval shall not be granted without
the receipt of necessary permits from the aforementioned governing
authorities.
D.
All parties contemplating land purchase or development
should consult the Murrysville Wetlands Map and obtain field delineation
of wetlands prior to making decisions on land use and project design.
E.
In such cases where a building permit is requested
for a project site falling within a delineated wetland boundary included
on the Wetlands Map, the Municipal Engineer, in conjunction with the
Zoning Officer, shall request a delineation report.
Wetland buffers shall be provided and maintained
in accordance with the following requirements:
A.
Buffers shall be measured landward of the boundary
of the delineated wetland. For natural bluffs with slopes steeper
than one foot vertical to three feet horizontal, required buffers
shall start at the top of the bank.
B.
A wetland buffer of 50 feet shall be required around
all wetlands greater than 0.25 acres. For wetlands smaller than 0.25
acres, the buffer shall be 25 feet. The above minimum buffers may
be reduced by no more than 50% upon consideration of wetland size
and shape, wetland function, topography and/or adjacent man-made or
natural features. The applicant must demonstrate, based on the above
criteria, that the required buffers cannot be provided and maintained.
C.
Wetlands designated as "exceptional value" or containing
any plant or animal species listed as rare, threatened or endangered
on the PNDI shall be required to maintain a buffer of 50 feet.
D.
The following protective measures will be required
to assure protection of the wetlands. These special protective measures
will be incorporated as conditions of approval during the site plan
review process to ensure that the biological, scenic and functions
of the wetlands are maintained. These measures shall be applied to
all site plan and conditional use approvals where clearing and earth
disturbance activities are greater than five acres in size and shall
be governed by the following regulations:
(1)
In order to reduce nutrient inflows to wetlands, the location of sludge spreading, sewage plants, on-site disposal systems, septic tank leachfields, effluent percolation ponds and irrigation quality storage ponds must be 100 feet from the wetland, as measured under § 220-42A.
(2)
In order to maintain and protect breeding of species of special concern and/or threatened and endangered wildlife species that are found based on results of a PNDI search, the required wetland buffer where threatened and endangered species nest, den or breed shall be 300 feet from the wetland, as measured under § 220-42A. A biological survey, conducted by a qualified environmental scientist, will be required if there is indication that a threatened or endangered species is using the affected habitat. The survey shall be conducted during the appropriate time frame of the most recent normal nesting, denning or breeding period of the species and shall be updated if the development permit is to be issued more than one year after the submittal of the application.
Following are performance standards for all
wetland areas and wetland buffers:
A.
Vegetation removal. The removal of natural vegetation
from wetlands and from buffer zones surrounding wetlands shall be
governed by the following regulations:
(1)
Clearing or direct removal of vegetation shall not
occur except in compliance with an approved plan developed by a qualified
environmental scientist or engineer and as approved by the appropriate
governing agencies.
(2)
All materials that are cleared from the wetland or
buffer zone that are to be removed from the project site may not be
piled or stored within the wetland.
(3)
Vegetation removed from the wetland or buffer zone
that is to remain on site or plants that are to be replanted may be
stored along edges of an open water habitat to avoid drying out the
plants.
B.
Dredging and filling. Dredging and filling activities
within wetlands, wetland buffers and adjacent to wetland buffers shall
be governed by the following regulations:
(1)
Dredging or filling shall not occur within a wetland
unless the appropriate governing agencies permit such activity.
(2)
Dredging or filling activities must be in compliance with the provisions of Chapter 124 of the Murrysville Code, Grading, Excavations and Filling.
(3)
Filling which occurs landward of a wetland buffer
zone shall be immediately stabilized and contained to prevent runoff
of sediment into buffer zones or wetlands.
C.
Construction within or adjacent to wetlands and wetland buffer zones. No alteration or construction shall be allowed within wetlands or buffer zones except as specifically provided in § 220-44, Permitted uses within wetland buffers, and § 220-48, Exceptions and waivers within wetland areas.
(1)
The structure and foundation of docks shall be designed
to accommodate surface water flows and shall not be designed to impede,
interrupt or impound surface water flows. Public and private dock
structures shall be consistent with the Comprehensive Plan and with
any applicable Municipality of Murrysville adopted building code.
(2)
Routine maintenance of existing structures shall be
permitted but shall be performed in the least intrusive manner possible
and shall not result in additional damage to the wetland or wetland
buffer zone.
(3)
All pilings shall be secured, placed or set to the
desired depth by the least disruptive method based on existing site
characteristics as determined by appropriate engineering analyses.
(4)
Boardwalks shall be designed to minimize wetland disruption
while allowing access for wildlife and water viewing. Where boardwalks
are provided for golf course access and for access between facilities,
they must be part of an overall site plan designed to minimize wetland
intrusion.
(5)
The use of heavy equipment shall be minimized in the wetland buffer zones for permitted uses described in § 220-44.
(6)
There shall be no temporary filling of the wetland
buffer zone for construction.
D.
Waste disposal. Disposal of wastes in and around wetlands
and buffer zones shall be governed by the following regulations:
(1)
The discharge of domestic, industrial, leachate, or
agricultural wastewater containing heavy metals, herbicides, pesticides
or any other toxic substance(s) in excess of concentration limits
established by the appropriate state, federal and/or county guidelines
into the waterways, wetlands or buffer zones shall be prohibited.
(2)
Proposed sludge, sewage and septic systems which are adjacent to wetlands shall be set back from such wetlands in accordance with the buffer requirements established in § 220-42.
(3)
No waste storage, treatment or disposal facility shall
be located within 300 feet of a wetland area.
(4)
Any new waste storage, treatment or disposal facility
shall be subject to the wetland protection provisions of this article
and designed in such a manner as to have no negative effect on the
wetlands or buffer zones.
(5)
The disposal of any waste shall not occur within a
wetlands or wetlands buffer.
E.
Stormwater management. Stormwater management in and
around wetlands is critical to the survival of a healthy wetlands
system and shall be governed by the following regulations:
(1)
Uncontrolled discharge of stormwater into wetlands is prohibited. Stormwater management must be provided to include retention and/or detention to ensure adequate storage and volume requirements and provide water quality treatment prior to being discharged into wetlands or wetland buffer zones. Stormwater management shall be in accordance with Chapter 198 of the Murrysville Code, Stormwater Management.
(2)
The stormwater basins shall be vegetated, and the
use of herbicides and pesticides within the stormwater basin for vegetation
and insect control shall be prohibited.
(3)
Any alteration of the volume of water within wetlands
shall be prohibited unless determined necessary to restore or maintain
the natural hydroperiods of the wetland system by way of a surface
water management plan approved by the Municipal Engineer in consultation
with the Westmoreland County Conservation District.
F.
Wetland mitigation. The creation of wetlands, through
mitigation, shall be governed by the following regulations:
(1)
In general, the applicant shall replace wetlands impacted
by the proposed development in accordance with the requirements established
by the Department of Environmental Protection, United States Army
Corps of Engineers, USDA or the United States Fish and Wildlife Service,
in addition to the regulations established by this article.
(2)
In all cases, except as listed in § 220-38, the applicant shall be required to replace the wetlands at a ratio of two times the acreage of the wetland area to be impacted by the proposed development.
(3)
The applicant shall submit plans prepared by a qualified
environmental scientist showing in two-foot contours both the site
to be impacted and the site of the replaced wetland with the parcel
boundaries of the sites. The types and amounts of vegetation for both
the impacted wetland and the mitigated wetland shall be indicated
on the plan. The ratio, mix and types of vegetation in the replacement
wetland must reasonably reflect that of the impacted wetlands; otherwise,
the applicant must demonstrate that the proposed plantings will improve
the values and functions of the important wetlands.
(4)
In all cases, the applicant must deposit with the Municipality financial security from an authorized bonding company or federal- or commonwealth-chartered lending institution in the amount of 110% of the actual cost of completion of required improvements. Cost estimates must be approved by the Municipal Engineer and must be supported by contracted work or estimates prepared by a licensed professional engineer representing the applicant. Release of such securities shall follow Chapter 201[1] of the Murrysville Code.
(5)
Unless the applicant dedicates the area of the proposed
wetland as a conservation easement, the applicant must dedicate said
area as a wetland easement, including an access easement to the Municipality
of Murrysville. Noting this easement on the deed of the property shall
be required. The applicant shall deposit with the Municipality financial
security from an authorized bonding company or federal- or commonwealth-chartered
lending institution in the amount of 110% of the cost of completion
of required improvements as estimated by a licensed professional engineer.
This financial security shall be held for a minimum of 24 months as
security for any maintenance.
A.
The following permitted uses require the issuance
of a wetland buffer permit by the Zoning Officer:
B.
The wetland buffer permit must be submitted to the
Zoning Officer for review, along with the appropriate review fee.
A.
The following uses may be permitted under the general
criteria and procedures listed in the chapter for conditional uses
and specifically the criteria of this section. Approval shall be granted
or denied by the Council after obtaining the recommendations of the
Planning Commission. In approving applications for conditional uses,
the Council may attach such additional requirements and stipulations
as are considered necessary for the proper placement of the use on
the site.
B.
The conditional use application must be submitted
to the Municipality for review, along with the appropriate review
fee.
Lots of record on the adoption date of this article which are less than one acre in size shall be exempt from the buffer provisions as outlined in § 220-42. Said lots shall remain exempt if such lots or parcels are not larger than five acres at the time of subdivision or lot consolidation. This waiver or exception shall not affect other buffer requirements contained in § 220-42.
This article is not intended to result in a
taking of property under the Fifth Amendment of the United States
Constitution or Section Five of the Tenth Article of the Pennsylvania
Constitution, and variances may be granted by the Zoning Hearing Board
of the Municipality of Murrysville under the procedures and provisions
of the Pennsylvania Municipalities Planning Code (Act 247 of 1968
as amended by Act 170 of 1988 and Acts 67 and 68 of 2000) where a
landowner proves that the implementation of this article will result
in such a taking. All wetland alteration allowed under any variance
shall be sufficiently mitigated to ensure that there is no net loss
of functions or the spatial extent of wetlands in the Municipality
of Murrysville. If variances are granted from the requirements of
this article, the use of heavy equipment shall be minimized and there
shall be no temporary filling of any wetland area or buffer zone.
No variances to these standards shall be granted except in accordance
with the conditions listed in this section and under the conditions
and provisions described below. The provisions of this article for
access purposes do not apply under the following circumstances:
A.
Access to uplands. Where the owner of the property
demonstrates that encroachment of wetlands or wetland buffers is necessary
for access and no reasonable upland alternative exists, an exception
or waiver shall be granted only when appropriate federal, state and
county agencies, including the Westmoreland County Conservation District
and the Municipal Engineer, certify in writing that the encroachment
is the least damaging alternative; and the encroachment is the minimum
encroachment capable of providing the required access; and the applicant
submits an acceptable proposal for mitigation which will minimize
damage to wetlands or buffers. That applicant must also meet any and
all other county, state and federal requirements for the crossing
of a wetland.
B.
Bridges and road crossings in public rights-of-way.
An exception from these regulations may be granted for proposed or
approved bridges in a public right-of-way crossing estuarine waters
or waters of the commonwealth so that public access may be maintained.
For proposed bridges within public rights-of-ways crossing waters
of the commonwealth, public access shall be allowed by clearing that
portion of the affected wetland vegetation so long as a revegetation
and management plan is reviewed, adopted and implemented in accordance
with applicable federal and state regulations. The Municipal Engineer
shall approve a request for access under this subsection only after
receiving a satisfactory plan of the proposed development that shall
demonstrate the need for access and shall designate the property boundaries.
The plan shall also demonstrate the reason for the development and
other information as may be required by the Murrysville Code, the
Comprehensive Plan, the Zoning Ordinance and the Subdivision and Land
Development Regulations. The decision of the Municipal Engineer may
be appealed to the Murrysville Zoning Hearing Board.
C.
Exceptions for regulated public utilities. An exception
from these regulations may be granted where the applicant demonstrates
that encroachment of wetlands or wetland buffers is necessary for
the construction and/or maintenance of a regulated public utility,
subject to the following conditions:
(1)
The construction or maintenance activity is for a
linear facility that cannot be accomplished without wetlands impact;
(2)
The utility has demonstrated that the encroachment
is necessary and that no reasonable upland alternative exists;
(3)
The activity is designed and located in such a manner
that the least amount of damage to the wetlands is assured;
(4)
The applicant has submitted a proposal for revegetation
and/or mitigation to offset the impact;
(5)
Permits have been received from the appropriate state
and federal environmental agencies and copies of those permits have
been submitted to the Municipality, prior to issuance of the municipal
permit;
(6)
The Westmoreland County Conservation District and
Municipal Engineer have reviewed the application and have determined,
in writing, that the proposed encroachment is the least damaging alternative;
(7)
The applicant has provided proof of ownership or easement
over the property to be encroached;
(8)
The applicant has demonstrated that the construction
and/or maintenance activity will maximize the preservation of native
indigenous vegetation; and
(9)
The utility demonstrates that, should fill be required,
the minimum necessary is used to assure reasonable access to the property
or construction activity.
D.
Removal of exotic vegetation. An owner of land may
impact wetlands and wetland buffers for the sole purpose of removal
of exotic vegetation only if a plan or permit (including revegetation
with appropriate native plant material, if necessary, and using methods
that are the least intrusive to the wetland and wetland buffers) has
been approved by appropriate federal, state and county agencies, including
the Westmoreland County Conservation District and the Municipal Engineer.
E.
Wetland encroachment. Up to 0.50 acres of wetland
may be disturbed where permitted by the appropriate federal or state
agency. An applicant may request such a disturbance only when the
appropriate federal, state and county agencies, including the Westmoreland
County Conservation District and the Municipal Engineer, certify in
writing that the encroachment is the least damaging alternative; and
the encroachment is the minimum encroachment capable of providing
the required access; and the applicant submits an acceptable proposal
for mitigation which will minimize damage to wetlands or buffers.
That applicant must also meet any and all other county, state and
federal requirements for the crossing of a wetland.
F.
For wetland encroachments up to the allowable 0.50
acre, a review fee equal to 50% of the actual Department of Environmental
Protection wetland encroachment fees shall be paid to the Municipality.
Where reviews associated with the implementation
of this article are required, Council, by amendment to current fee
ordinances, shall establish a fee schedule and collect fees to cover
the Municipality's actual costs of administering this article.
Correction of a violation of applicable wetland
preservation regulations shall consist of the following:
A.
Where illegal activities in violation of current laws,
codes or other applicable regulations have altered any wetland area
so that all or part of the original area no longer meets the definition
of a wetland or has negatively impacted a wetland, restoration shall
be required at the site of the alteration. Restoration of buffers,
habitat and hydrology of the original wetland area shall be required.
The Municipality of Murrysville will also notify appropriate government
agencies of the illegal activity.
B.
Restoration shall be required before any development
permits or orders are issued or within 90 days after receiving a notice
of violation. This requirement shall include submittal of a minimum
two-year letter of credit, or other acceptable financial equivalent,
to assure the successful restoration of the particular violation.
The Municipality of Murrysville will also notify appropriate government
agencies of the activity. The wetland shall be protected as a natural
wetland.
C.
The Municipality may, at its discretion, also utilize
the enforcement remedies contained in Sections 617, 617.1 and 617.2
of the Pennsylvania Municipalities Planning Code (Act 247 of 1968,
as amended by Act 170 of 1988 and Acts 67 and 68 of 2000).
D.
If the recipient of the notice of violation requests a hearing before the Municipality of Murrysville Zoning Hearing Board, then the provisions of Subsections A and/or C above shall not apply until final action by the Zoning Hearing Board. The recipient of the notice may, at its option, proceed with the corrective actions provided for in Subsections A and/or C above before the Municipality of Murrysville Zoning Hearing Board acts on the notice.
The regulations of this article are intended
to improve the appearance of land developments, as well as to prevent
erosion within the Municipality, by providing and maintaining landscaping
that enhances a pleasant visual character, promotes the aesthetics
of a site and serves to reduce the visual, noise and lighting impacts
of the development on adjacent properties.
A.
Applicability.
(1)
Land developments requiring approval of plans by
the Council, as determined by the Municipalities Planning Code, (Act
247, as amended), shall include a landscape plan, prepared by a landscape
architect registered in the Commonwealth of Pennsylvania, to be reviewed
and approved by Council, meeting all applicable requirements of this
article.
(2)
Land developments not requiring approval of plans
by the Council, as determined by the Pennsylvania Municipalities Planning
Code (Act 247, as amended), shall be reviewed by the Zoning Officer
prior to the issuance of a building permit to assure compliance with
applicable requirements of this article.
(3)
All applications for conditional use in the Mixed
Use District shall be required to have landscaping plans prepared
by a landscape architect registered in the Commonwealth of Pennsylvania.
The Planning Commission and/or Council may require a landscape architect,
registered in the Commonwealth of Pennsylvania, to prepare landscaping
plans for other land development applications.
(4)
The applicant shall consider the "List of Exotic,
Invasive Plants in the Murrysville Area" and the "Recommendations
for Planting in Murrysville," as published by the Murrysville Environmental
Advisory Council, in the selection of suitable landscape material
to be used to meet the requirements of this chapter.
B.
MU, B and R-3 multifamily developments.
(1)
General regulations for landscape requirements for
all land developments in MU, B, and R-3 multifamily developments shall
be:
(a)
Landscaping shall be used in all open areas
not covered by buildings, required parking areas, sidewalks or other
impervious surfaces. Landscaping shall be a mixture of high-level
planting, low-level planting and ground cover that shall be of a type,
size and placement compatible with the land development and the surrounding
land uses.
(b)
The landscaped area shall be not less than 20% of the total disturbed area. Landscaping requirements included in § 220-51C of this chapter are in excess of this requirement and are not counted toward meeting this total required percentage.
(c)
A landscaped periphery shall be provided for
a depth of 10 feet along all public rights-of-way, as measured from
the property line, for all land developments in the Municipality.
(d)
Within the site area, landscaping shall be required for the following areas: the side and rear perimeters of the site; the building perimeter; parking lots; dumpsters; screening areas adjacent to residentially zoned properties and stormwater detention facilities in order to meet the objectives stated in § 220-51 of this chapter. Applicable requirements for these areas are included within this chapter. In addition, landscaping shall be considered for loading docks in order to meet the objectives stated in § 220-51 of this chapter.
(e)
Artificial plants are prohibited as a substitute
for required landscaping improvements included in this chapter.
(f)
Site distance shall not be adversely affected
by the location and size of landscaped plantings. Consideration shall
be given to future growth potential of all planted materials in reviewing
site distance issues.
(g)
Nonplanted materials, such as mulch and decorative
rock, shall be limited to 60% of the total ground cover at the time
of planting and to 20% of the total ground cover at plant maturity.
(h)
High-level planting shall be required at the
rate of one per 1,000 square feet of total landscaping. Low-level
planting shall be required at the rate of one per 200 square feet
of total landscaping. High-level planting (trees) and low-level planting
may be grouped. All other areas shall contain ground cover.
(2)
Council may modify or waive the landscaping standards
of this chapter where one or more of the following conditions occurs:
(a)
There are special considerations of site design
and/or topography.
(b)
There is existing healthy vegetation that is sufficient to meet the requirements. Existing vegetation shall be used to meet all or part of the requirements of this section wherever possible, if it satisfies the purposes as described in § 220-51 of this chapter.
(c)
There is a unique relationship to other properties.
(d)
Landscaping would interfere with utilities,
easements, sight distance or other vegetation.
(e)
The site development is part of a unified development
complex that includes multiple buildings and mixed uses where the
developer may propose and Council may approve specific standards for
that complex.
C.
Parking facilities.
(1)
All parking lots shall meet the following requirements
for landscaping.
(a)
All landscaped island curbs shall be constructed
of a durable material such as asphalt or concrete.
(b)
Raised landscaped islands adjacent to municipal
or state rights-of-way shall comply with Pennsylvania Department of
Transportation (PennDOT) or municipal regulations, whichever is more
stringent.
(c)
Trees, shrubs or flowers shall not be permitted
to grow within two feet of a curb to prevent damage of plant materials
by auto bumpers.
(2)
In addition to the requirements in Subsection A above, parking lots with five or more parking spaces shall meet the following requirements:
(a)
All parking areas that provide more than five
parking spaces for any purpose other than single-family residences
shall include one high-level planting for each 50 linear feet or fraction
thereof of perimeter. Also, within these planting areas, low-level
plantings and ground cover shall be installed in such a manner as
to screen the parking area from the public right-of-way or adjacent
property.
(3)
In addition to the requirements of Subsection B above, parking lots with 30 or more parking spaces shall meet the following requirements:
(a)
An eight-foot-wide raised planting strip between
alternate sets of parking stall rows. This requirement is applicable
if the parking stall row has 15 or more continuous parking spaces.
The landscaping required in this planting strip shall include a mixture
of high-level planting, low-level planting and ground cover. Deciduous
species trees shall be planted up to 20 feet apart, evergreen species
trees up to 10 feet apart and low-level planting up to five feet apart.
These are minimum standards.
(b)
Raised landscaped islands, eight feet wide,
at each end of a parking stall row of 15 or more continuous parking
spaces. Such island shall be the full length of the parking spaces
provided to prevent the encroachment of moving vehicles into parking
spaces. In addition, if a parking stall row accommodates 40 or more
spaces, an additional island, eight feet wide, is required. Thereafter,
an additional landscaped island is required for every additional 20
spaces in the parking stall row. All required landscaped islands that
are in addition to those at each end of a parking stall row must be
spaced at regular intervals. The required landscaping to be included
within these islands includes an appropriate mixture of high-level
planting, low-level planting and ground cover. A minimum of one high-level
planting or three low-level plantings shall be required for each island,
with the remainder of the island consisting of ground cover.
(4)
A mixture of grass or ground cover, shrubs and trees
of specimen quality, no less than six feet in height for evergreens
and no less than 1 1/2 inches caliper for ornamental trees, shall
be located in the landscape area. Shade trees may be planted up to
20 feet apart, ornamental trees up to 10 feet apart and shrubs up
to five feet apart. These are minimum standards.
(5)
All parking areas that provide more than five parking
spaces for any purpose other than single-family residences shall be
physically separated from any public right-of-way or adjacent property
zoned residential or used for residential purposes by a planting strip
that shall not be less than eight feet in width. These buffer strips
shall include one tree for each 50 linear feet or fraction thereof
of perimeter. Also, within these buffer strips, an evergreen hedge
or other contiguous plantings shall be installed in such a manner
as to screen the parking area from the public right-of-way or adjacent
property. Evergreen shrubs shall be at least four feet in height at
the time of planting. The remainder of the landscape strip shall be
improved with grass, ground cover or shrubs.
D.
Nonresidential developments in Mixed Use District.
(1)
Purpose of landscaping. The purpose of landscaping for a development within the Mixed Use District is to assure that the development, whether as a result of conversion of an existing building or construction of a new building, is consistent with the purpose of the district, as stated in § 220-11.
(2)
In addition to the requirements of this section, the
following standards and practices shall apply for developments located
within the Mixed Use District.
(a)
A landscaped periphery shall be provided and maintained for a minimum depth of four feet along the side and rear property lines, except where natural or physical barriers exist that are determined by the Municipal Council to fulfill the landscaping requirement. In the event that parking spaces are located adjacent to the side or rear yard, this minimum depth shall be increased to six feet. Landscape periphery requirements for mixed use properties adjacent to R-zoned districts shall be governed by the requirements of § 220-51E of this chapter.
(b)
The landscaping within the above-described periphery shall be composed of low-level planting, high-level planting and ground cover, according to the standards described in § 220-51 of this chapter.
(c)
The areas immediately adjacent to the building(s)
shall be landscaped with a mixture of ground cover, low-level planting
and high-level planting to provide for adequate screening. Trees and
shrubs shall be interspersed, unless otherwise recommended/approved
by Council.
E.
Buffering, screening and setback for nonresidential
uses abutting R Districts.
(1)
Permitted uses.
(a)
Minimum yard requirements.
[1]
Nonresidential buildings shall not be located nor shall nonresidential uses be conducted closer to any lot line of any other lot in an R District than the distance specified in the following schedule, except as provided in § 220-11 of this chapter of the Murrysville Code.
[3]
Side or rear setback.
|
TABLE I
Minimum Side or Rear Yard Setback Abutting
R District
| ||
|---|---|---|
|
Minimum Side or Rear Yard Setback
|
| |
|
Category
|
Setback Requirement
(feet)
|
Types of Nonresidential Land Uses in Category
|
|
I
|
40
|
Off-street parking spaces and access roads
|
|
II
|
80
|
Churches, schools, public or semipublic buildings,
all recreation facilities and commercial uses, except those listed
below
|
|
III
|
100
|
Restaurants, entertainment facilities, and any
site development generating more than 300 trips per day, according
to Trip Generation, Institute of Transportation Engineers
[Amended 12-21-2011 by Ord. No. 846-11] |
|
IV
|
150
|
Outside sale or storage of building material
or construction equipment and all industrial uses
|
(b)
Minimum landscaping requirements for permitted nonresidential land uses that are contiguous to R Zoning Districts. Within the required setback areas indicated in Table I, a minimum twenty-foot wide strip of landscaping shall be required. This strip shall include a combination of high-level planting and low-level planting according to the standards described in § 220-51 of this chapter, whichever is greater, with ground cover planted over the remaining area. Plantings may be grouped to best serve the purposes of Subsection E(1)(a) of this section.
(2)
Conditional uses.
(a)
Minimum yard requirements shown in Table I of this section may be waived and/or modified by the Municipal Council for a conditional use, subject to the following conditions, in addition to those enumerated in § 220-31 of the Murrysville Code.
[1]
In no instance shall the minimum yard requirement
be reduced by more than 50% for the standards established above for
Categories I and II. In no instances shall the minimum yard requirement
be reduced by more than 25% for the standards established above for
Categories III and IV.
[2]
In its determination for a conditional use application for a proposed nonresidential use with a reduced setback, the following performance standards shall apply. Council may waive or modify one or more of these performance standards if the topography of the site relative to the adjoining property is such that it provides a natural barrier to make the proposed use not visible from the adjoining R-zoned property, and provided that the conditional use approval would not be in conflict with the provisions of § 220-28.
[a]
The height of no structure on the
site shall exceed 20 feet.
[b]
Storage buildings shall be screened
to minimize visibility to adjoining residential properties.
[c]
No business use or activity shall
be conducted within a reduced setback area, such as outdoor sales,
display of vehicles, equipment and/or the placement of dumpsters.
[d]
No illuminated signs shall be permitted
within a reduced setback area.
(b)
Landscaping and buffering requirements. In addition to the landscaping standards included in Subsection E(1)(b), buffer area shall include one or more of the following types of methods: high-level planting and low-level planting; ground cover; masonry walls; earth berms; wood, metal or brick fences. In its determination for the conditional use application, the proposed buffer treatment shall be evaluated as to its effectiveness in reducing the visual, noise and lighting impacts of the nonresidential use to the adjoining residential properties. Council shall consider the nature and intensity of the proposed use and the topography within both properties and any other unique characteristics of the site in determining the required buffer.
F.
Stormwater detention and retention ponds. A landscaping
plan shall be submitted for any land development or subdivision utilizing
a detention or retention pond for stormwater on the site. The plan
shall include an appropriate mixture of high-level trees, low-level
shrubs and ground cover to effectively screen the facility with the
dual purpose of making it more aesthetically pleasing while not interfering
with its function.
G.
Installation and maintenance of landscaping.
(1)
Installation. Plant materials must be installed consistent
with standards of the American Standards for Nursery Stock published
by the American Association of Nurserymen, Inc., Washington, D.C.
(2)
Maintenance. Maintenance of landscaped areas is the ongoing responsibility of the property owner. Required landscaping must be continuously maintained in a healthy manner. Plants that die must be replaced with a similar or acceptable substitute. Failure to maintain required landscaping shall result in an enforcement action by the Code Enforcement Officer as a violation of this chapter and shall be subject to the penalties as prescribed in Chapter 201, Subdivision and Land Development, Article XIV.
(3)
Completion of landscaping. Prior to the issuance of
any building permit by the Municipality, a bond or other cash security
in the amount of 110% of an approved estimate of the required landscaping
improvements shall be submitted to the Municipality. An occupancy
permit shall not be issued until all required landscaping improvements
are installed. In the event that all of the required landscaping improvements
cannot be installed at the time of request for an occupancy permit
due to the loss of the planting season, a temporary occupancy permit
may be granted for a period not longer than nine months to allow for
landscaping improvements to be installed during the next planting
season.
[Amended 7-11-2012 by Ord. No. 858-12]
A.
General requirements. The following represent bulk lighting requirements
for all zoning districts within the Municipality:
(1)
The illumination projected from any property to a residential use
shall at no time exceed 0.1 footcandle at the residential property
line.
(2)
Lighting poles, standards, and fixtures shall be of a low-profile
decorative variety with cutoff shielding to prevent spillover to the
night sky, adjacent properties, or adjacent roadways, unless otherwise
approved by Council as part of a development plan.
(3)
All lighting shall be aimed, located, designed, fitted and maintained
so as not to present a hazard to drivers, pedestrians, or adjacent
residents by impairing their vision and so as not to create a nuisance
by projecting or reflecting objectionable light or glare onto a neighboring
use or property.
(4)
All electrical feeds to lighting standards shall be underground.
(5)
The applicant shall submit a photometric plan and construction details.
C.
Residential districts:
(1)
Illumination projected from any property shall not exceed 0.1 footcandle
at the property line.
(2)
Common areas, such as entryways, walkways, parking areas, and driveways
for group or multifamily developments, or any approved conditional
use, shall provide a minimum illumination of 0.2 footcandle.
D.
Mixed Use District:
(1)
Common areas, such as entryways, walkways, parking areas, driveways
for group or multifamily development, or commercial uses, shall provide
a minimum illumination of 0.2 footcandle.
(2)
No fixture shall be mounted higher than 15 feet above the adjacent
grade.
(3)
Illumination shall be reduced by timers or other devices after normal
hours of operation.
(4)
For any land development proposed within 100 feet of a residential
use or along the road right-of-way, a night sky optic shield, or a
similar shield, with side shields, is required on a lamp head to minimize
the dispersal of light in other than a downward direction.
(5)
Metal halide lighting is required along the road right-of-way or
for any land development proposed within 100 feet of a residential
use.
E.
Business District:
(1)
Common areas, such as entryways, walkways, parking areas, driveways
for group or multifamily developments, or commercial uses, shall provide
a minimum illumination of 0.2 footcandle.
(2)
No fixtures shall be mounted more than 25 feet above the adjacent
grade.
(3)
Illumination shall be reduced by timers or other devices after normal
hours of operation. Outdoor lighting used for illumination for walkways,
private roadways and streets, equipment yards and outdoor security
may remain on all night.
F.
The above standards may be waived or modified by Council should the
applicant present written evidence of special needs or circumstances
unique to the development that require deviation from the above standards
and the method by which any adverse effects are mitigated.
G.
Decorative lighting:
(1)
Beginning along the Streetscape area, currently designated as the
lots that adjoin Old William Penn Highway, bounded by the Barbara
Redding Bridge on the west and Gates Avenue on the east, as well as
along the boundary of commercial lots on both Old William Penn Highway
and Route 22 in Murrysville, from Monroeville to Delmont, an applicant
for land development shall provide light standards that comply with
these requirements and are similar in design to the existing decorative
site lighting, as illustrated on the attachment herein.[2]
[2]
Editor's Note: Said attachment is on file in the Municipality
offices.
(2)
Lighting may be specifically directed to walls, landscape elements
or other similar features so that light is confined within the boundaries
of the subject parcel.
(3)
Straight pole high cutoff or an equivalent type of lighting is permitted
on the interior of proposed parking areas.
(4)
Metal halide lighting is required along the road right-of-way or
for any land development proposed within 100 feet of a residential
use.
A.
A private swimming pool, but not including farm ponds,
as regulated herein, shall be any pool, lake or open tank not located
within a completely enclosed building and containing or normally capable
of containing water to a depth of any point greater than two feet.
No such swimming pool shall be allowed in any R District except as
an accessory use and unless it complies with the following conditions
and requirements:
(1)
The pool is intended to be used solely for the enjoyment
of the owners of the property on which it is located.
(2)
It may not be located, including any walks or paved
areas or accessory structures adjacent thereto, closer than 20 feet
to any property line on which it is located.
(3)
In-ground swimming pools shall be so walled with a
fence as to prevent uncontrolled access by children from the street
or adjacent properties. The fence shall not be less than four feet
in height and shall be maintained in good condition. The area used
by bathers may be included within said fence. All gates must be self-locking
with latches.
(4)
Aboveground pools having an exterior wall height of
less than four feet shall be so modified as to meet the four-foot
minimum wall or fence requirement. Any aboveground pool using a ladder
for access must have the ladder removed when the pool is not in use.
The ladder, when removed, must be stored in such a manner as to render
the pool inaccessible to small children.
B.
Community or club swimming pools. A community or club
swimming pool shall be any pool constructed by an association of property
owners or by a private club for use and enjoyment by members of the
association or club and their families. Community and club swimming
pools shall comply with the following conditions and requirements:
(1)
The pool and accessory structures thereto, including
the areas used by the bathers, shall not be closer than 100 feet to
any property line of the property on which located.
(2)
The swimming pool and all of the area used by the
bathers shall be so walled or fenced as to prevent uncontrolled access
by children from the street or adjacent properties. Said fence or
wall shall not be less than six feet in height and maintained in good
condition. The area surrounding the enclosure, except for parking
spaces, shall be suitably landscaped with grass, hardy shrubs and
trees maintained in good condition.
The following shall be permitted to project
into any required yard in any zoning district:
A.
Typical architectural features, including but not
limited to bay windows, window sills, chimneys, cornices and eaves,
shall be permitted to project into required yards no more than 18
inches.
B.
Decks and their stairs, stoops and unenclosed porches
without enclosed habitable foundation and without a roof shall be
permitted to project into required front and side yards no more than
three feet and shall be no closer to the rear property line that 20
feet. Porches that have a roof or that are enclosed or have enclosed
habitable foundations shall be subject to the yard requirements for
the principal structure.
C.
Steps attached to the principal building and open
fire escapes shall be permitted to project into required yards no
more than three feet.
The height limitations of this chapter shall
not apply to the following structures: church spires; chimneys; elevator
bulkheads and other mechanical equipment which is part of the principal
structure; conveyors; flagpoles; silos; standpipes; elevated water
tanks; derricks; public utility structures and other structures not
intended for human habitation which do not exceed the height limitations
of the zoning district by more than 15 feet.
All businesses which propose drive-through facilities,
as defined by this chapter, as accessory uses or principal uses shall
meet all of the following requirements:
A.
Drive-through facilities proposed on parcels within
a planned shopping center shall have access only from the interior
circulation system within the planned shopping center site. All other
properties shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
B.
In addition to the parking spaces required for the
principal use, a minimum grouping of five standing spaces, in one
lane, with a total length of 100 feet, with direct access to each
window or stall, shall be provided for vehicles to wait in line. The
standing space shall not interfere with the use of any required parking
spaces and shall not inhibit the free flow of traffic on the property.
The standing spaces shall be designed so that waiting vehicles shall
not stand in any right-of-way or overflow onto adjacent properties,
streets or berms.
C.
Entrances, exits and standing spaces shall be adequately
indicated with pavement markings and/or directional signs.
D.
Parking areas and circulation patterns shall be adequately
striped and marked to facilitate traffic circulation on the property.
A.
Except for nurseries, garden supply, building supply,
custom crafting and similar businesses which require outside storage
of products offered for sale, storage and display of materials outside
a completely enclosed structure shall not be permitted. In the case
of nurseries, garden supply, building supply, custom crafting and
similar businesses, outside display and storage areas shall be completely
enclosed by a security fence and shall be screened by an opaque fence
or hedge which is at least six feet in height.
B.
In the B District, any material or equipment stored
outside an enclosed building shall be incidental to the principal
use of the lot and shall be stored to the rear of the building or
an alternative location which screens the storage area from public
view from the street or adjacent residential property located at similar
elevations within 500 feet of the property. If existing buildings
do not screen the storage area from public view from the street or
adjacent residential property located at similar elevations within
500 feet of the property, the area shall be screened by a hedge or
opaque fence at least six feet in height.
All organic rubbish and discarded materials
shall be placed in tight verminproof containers on the property and
shall be secured in side or rear yards screened from public view by
means of a solid-face fence or wall at least six feet in height. Containers
shall be emptied not less frequently than once a week. On properties
where food is served in paper containers, covered waste receptacles
shall be conspicuously located on the premises for use by patrons.
The management shall be responsible for maintaining the property free
of litter.
B.
Requirements. It shall be the duty of the owners of
all principal buildings and dwellings within the Municipality to post
the proper identification of such structures within 60 days of the
enactment of this section and of all future owners of such structures
to post proper identification prior to occupancy.
C.
Style. Said identification shall consist of the address
number posted in numerals at least three inches in height with a minimum
of a quarter-of-an-inch-wide stroke.
D.
Visibility and placement.
(1)
Visibility is defined by factors, including but not
limited to distinction from the background upon which the address
number is posted, distance from the street, porches, trees and other
objects that may prohibit the ease of recognition of the posted number
from the street. Visibility shall also include the ability of emergency
personnel (fire, police, and ambulance) to use said posted number
to identify the building or dwelling unit from the street to which
the building is addressed.
(2)
Said identification must be posted in a place where
it is clearly visible from the street to which the building is addressed
and must be posted in at least one of the following locations:
(a)
Address numbers placed on or within three feet
of either side of the door facing the street to which the building
or dwelling is addressed, wherever most visible. If such placement
is not possible or visible due to the features of the structure, said
address may be posted on an alternate location, as determined by the
Code Enforcement Officer of the Municipality, in similar proximity
to the door, such as a porch post.
(b)
Address number posted on both sides of the mailbox
or both sides of the mailbox post, on the same side of the street
as the structure that it serves.
(c)
Address number placed on a post, sign or similar
object erected clearly in the front yard or to the side of the driveway
servicing said building or dwelling. Said address number shall be
no more than seven feet above the ground and no less than three feet
above the ground. The number must be visible and readable by vehicles
approaching the property from both directions of the street.
(4)
Buildings that contain units that do not face the street to which they are addressed, including but not limited to apartment buildings and office buildings, must post a building directory near the main entrance facing the street to which the units are addressed. Said directory may consist of a map showing the locations and numbers of said units. Owners must also post street addresses in a manner described by Subsection D(3) of this section.
(5)
The posted address number shall be no more than seven
feet above the ground and no less than three feet above the ground.
E.
Notice to conform. The Municipality is hereby authorized
and directed to give notice, by personal service or by United States
mail, to the owner or occupant, or both, as the case may be, by certified
mail, of any premises that remains in violation of the provisions
of this section, directing and requiring such owner or occupant to
conform with the requirements of this section within five days after
issuance of such notice.
F.
Violations and penalties.
(1)
In case any person, firm or corporation shall neglect,
fail or refuse to comply with such notice within the period of time
stated therein, the municipal authorities may post or have posted
said identification, as aforesaid; the cost thereof, together with
any additional payment authorized by law, may be collected by the
Municipality from such person, firm or corporation in the manner provided
by law for the collection of municipal claims or by an action of assumpsit.
(2)
In addition to the other powers herein set forth for
the violation of this chapter, the Municipality may institute proceedings
in courts of equity.
A.
Lots having frontage on more than one street shall
provide the required front yards along every street.
B.
No accessory building shall be located in any front
yard.
C.
Fences not over six in height shall be permitted on
lots used for residential purposes in any district within the side
and rear yards extending to the principal structure, except that ornamental
fences not in excess of seven feet in height may be permitted with
Zoning Hearing Board approval in any R District, provided that no
written objection is offered by the adjacent property owners. Fences
shall be limited to four feet in height in the area extending from
the principal structure to the front yard.
D.
Lot frontage shall not be less than 60% of lot width
in the district applicable.
E.
Cornices, eaves, belt courses, sills, canopies or
similar permanent architectural projections may extend or project
into required side yards not more than two inches for each one foot
of width of such side yard and may extend or project into a required
front or rear yard not more than 30 inches. Bay windows and chimneys
may project into a required front, side or rear yard not more than
18 inches.
F.
Open structures, such as porches, balconies or platforms,
shall be considered a part of the building to which attached and shall
not project into the required minimum front, side or rear yard.
G.
No building or accessory building shall be located
within 50 feet of the existing right-of-way line of major thoroughfares
so designated on the officially adopted major thoroughfare plan of
the Municipality. This provision shall supersede any less restrictive
setback provisions as may be pertaining in any zoning district.
The standards listed below shall apply to all
nonresidential uses which abut any residential use or district.
A.
Operational compatibility standards. As a condition
for approval of any permit or any other discretionary approval of
any nonresidential use located in any residential district or adjacent
to a residential district, the Council may impose conditions that
are necessary to reduce or minimize any potentially adverse impacts
on residential property. Such conditions may include but shall not
be limited to the following:
(1)
Hours of operation and deliveries.
(2)
Location of activities on a site that generate potential
adverse impacts on adjacent uses such as noise, dust, odor, glare,
etc.
(3)
Placement of trash receptacles.
(4)
Lighting location, intensity and hours of illumination.
(5)
Placement and illumination of outdoor vending machines,
telephones and similar outdoor services and activities.
(6)
Additional landscaping and buffering.
(7)
Additional height restrictions to reserve light, air
rights, privacy and views of significant features from public property
and rights-of-way.
(8)
Preservation of natural lighting and solar access.
(9)
Ventilation and control of odors, fumes and gasses.
(10)
Additional dust control paving.
B.
Height/setbacks. Any new nonresidential structure
located within 50 feet of any residential use or adjacent to any residential
district shall maintain a setback from the lot line of residential
use equal to the height of the nonresidential structure.
A.
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than
members residing in the dwelling.
C.
There shall be no display or sale of retail goods
and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business
use, including but not limited to parking, signs or lights.
E.
No on-site parking of commercially identified vehicles
shall be permitted.
F.
The business activity may not use any equipment or
process which creates noise, vibration, glare, fumes, odors, or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
G.
The business activity may not generate any solid waste
or sewage discharge, in volumes or type, which is not normally associated
with residential use in the neighborhood.
H.
The business activity shall be conducted only within
the dwelling and may not occupy more than 25% of the habitable floor
area.
I.
The business may not involve any illegal activity.
A.
The home occupation shall be carried on by a member
of the family residing in the dwelling unit. No more than one person
who is not a resident of the dwelling unit shall be employed in the
dwelling unit.
B.
In the R-1, R-2 and R-3 Districts, the home occupation
shall be carried on wholly within the principal dwelling. The home
occupation shall not be conducted in any accessory structure. In the
R-R District, the home occupation may be carried on in an accessory
structure, provided the gross floor area of the accessory structure
shall not exceed 25% of the gross floor area of the principal dwelling.
C.
No more than 25% of the gross floor area of the principal
dwelling shall be devoted to the conduct of the home occupation.
D.
There shall be no on-site production of articles for
sale in the home occupation, other than customary handicrafts made
by the resident, which may be produced for sale off the premises.
Such articles shall not be displayed in quantity for sale on the premises,
except that samples may be kept for the purpose of accepting orders.
E.
There shall be no display on the premises of merchandise
available for sale which has been produced off the premises; however,
merchandise may be stored on the premises for delivery off the premises,
such as Amway, Tupperware or similar products stored for distribution
to customers or salespersons at their residence or place of business.
F.
There shall be no exterior displays or signs, either
on or off the premises, other than a small identification sign no
more than one square foot in surface area containing only the name
of the resident and the nature of the home occupation, which may be
attached to the wall of the dwelling or to the mailbox.
G.
The use shall not require internal or external alterations
or construction features which are not customary to a dwelling or
which change the fire rating of the structure.
H.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 220-33 of this chapter.
I.
The use shall not significantly intensify vehicular
or pedestrian traffic beyond that which is normal for the residences
in the neighborhood.
J.
There shall be no use of materials or equipment except
that of similar power and type normally used in a residential dwelling
for domestic or household purposes.
K.
The use shall not cause an increase in the use of
water, sewage, electricity, garbage, public safety or any other municipal
services beyond that which is normal for the residences in the neighborhood.
L.
In the R-1, R-2 and R-3 Districts, the home occupation
shall not involve the use of commercial vehicles for regular delivery
of materials to or from the premises and commercial vehicles shall
not be parked on the premises.
M.
There shall be no storage of materials or equipment
used in the home occupation outside a completely enclosed building.
N.
Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of Article VII for the specific use in addition to the spaces required for the dwelling.
O.
The following uses shall not be considered home occupations
and shall be restricted to the zoning districts in which they are
specifically authorized as permitted uses, conditional uses or uses
by special exception, including but not limited to:
(1)
Beauty shops or barbershops containing more than two
chairs;
(2)
Blacksmith or metal working;
(3)
Boarding stables;
(4)
Clinics, hospitals or nursing homes;
(5)
Funeral homes;
(6)
Group care facility, personal care boarding home or
transitional dwelling;
(7)
Kennels, veterinary offices and clinics;
(8)
Private clubs;
(9)
Private instruction to more than five students at
a time;
(10)
Restaurants or tea rooms;
(11)
Retail or wholesale sales; flea markets;
(12)
Tanning or massage salon;
(13)
Tourist or boarding home, other than bed-and-breakfast;
(14)
Vehicle or equipment rental, repair or sales;
vehicle repair garages.
P.
The following are examples of permitted home occupations,
provided all of the foregoing criteria are met:
(1)
Artist, photographer or handicrafts studio;
(2)
Catering off the premises;
(3)
Contracting business, excluding on-site storage of
equipment;
(4)
Computer programmer, data processor, writer;
(5)
Consultant, clergy, counselor, bookkeeping, graphics
or drafting services;
(6)
Dressmaker, tailor;
(7)
Professional offices which involve routine visitation
by customers or clients;
(8)
Housekeeping or custodial services;
(9)
Interior designer;
(10)
Jewelry and/or watch repair, not including wholesale
or retail sales;
(11)
Lawnmower and small engine repair in the R-R
District only;
(12)
Locksmith;
(13)
Mail order business;
(14)
Manufacturer's representative;
(15)
Repair of small household appliances that can
be hand carried, in the R-R District only;
(16)
Telemarketing;
(17)
Travel agent;
(18)
Tutoring or any other instruction to no more
than five students at any one time;
(19)
Word processing, typing, secretarial services.
Temporary construction trailers or model homes
or sales offices shall be permitted in any zoning district, subject
to the following conditions:
A.
Temporary construction trailers shall be permitted
only during the period that the construction work is in progress under
a valid building permit or under Municipality approval to install
public improvements. The temporary construction trailer shall be removed
upon completion of the construction authorized under a building permit
or upon completion of the installation of the public improvements
in a plan of subdivision. In the event that construction is phased,
the temporary construction trailer shall be moved from the completed
phase to the next phase when 90% of the required improvements in the
completed phase have been installed as determined by the Municipality
Engineer.
B.
Model homes or sales offices shall be permitted only
until 90% of the lots or dwelling units in the development are sold.
In the case of a phased development, the use of a model home or sales
office shall be permitted to continue only if the subsequent phase
is initiated within six months of the completion of 90% of the lots
or dwelling units in the prior phase.
C.
A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer in accordance with the requirements of § 220-113 prior to the commencement of construction and shall be renewed every six months, if necessary, until the project is completed.
D.
Temporary construction trailers shall be located on
the lot on which the construction is progressing and shall not be
located within 25 feet of any property line adjoining residential
use.
E.
Temporary construction trailers shall be used only
as temporary field offices and for storage of incidental equipment
and supplies and shall not be used for any dwelling use whatsoever.
F.
No signs or other advertising materials for the project
shall be attached to the temporary construction trailer; however,
the name of the construction company may appear on the trailer.
G.
"Class 3" materials as classified by the National
Fire Protection Association (NFPA) shall not be stored in temporary
construction trailers.
H.
Model homes shall be located on a separate lot and
shall meet all the requirements for permanent dwellings in the zoning
district in which they are located. Sales offices may be located in
a model home or may be located in a trailer located on a vacant lot
in the plan or on the site of construction. If the sales office is
located in a trailer, the trailer shall not be located within 25 feet
of any property line adjoining residential use. No signs or other
advertising information shall be located on the outside of the trailer
or sales office.
I.
Model homes or sales offices located in a trailer
shall not be utilized for any dwelling use whatsoever during the time
they are approved as a temporary use or structure in accordance with
the provisions of this section.
J.
Model homes or sales offices shall be used primarily
for sales associated with the development in which they are located
and shall not be used as the only place of business for the listing
realtor.
In the R-R and R-1 Districts, agricultural activities,
including greenhouses, stables, kennels and animal husbandry, where
authorized by this chapter, shall be subject to the following requirements:
A.
Storage of manure, odor or dust-producing substances
shall be located at least 200 feet from any property line.
B.
Any building used for the keeping, raising or feeding
of livestock and poultry shall be located at least 200 feet from any
street line and from any adjacent landowner's well or dwelling and
not less than 100 feet from the landowner's well or property line.
C.
Animal shelters, including indoor kennels, shall be
located no closer than 200 feet to any property line.
D.
Outdoor kennels shall be located at least 300 feet
from any occupied dwelling on an adjacent lot and at least 200 feet
from any property line which adjoins an R-1, R-2 or R-3 District.
E.
Commercial greenhouse heating plants shall be at least
100 feet from any property line. The retail sales area for a greenhouse
shall not exceed 1,200 square feet. The growing area shall not be
considered sales area.
F.
The minimum lot size for keeping livestock or farm
animals shall be 10 acres. More than five "large livestock" animals,
as defined by this chapter, shall require an additional 1/2 acre per
animal.
G.
No stable shall be located within 200 feet of any
property line or occupied dwelling, other than the stable owner's
dwelling.
H.
All grazing and pasture areas shall be adequately
fenced.
I.
Retail sales of agricultural products, including garden
nursery or greenhouse sales, shall be permitted accessory to a farm,
subject to the following regulations:
(1)
All sales shall be conducted on the premises of a
farm, as defined and regulated by this chapter.
(2)
Products sold shall include products raised, grown
or produced on the farm.
(3)
All permanent structures shall comply with the yard
requirements for principal structures in the R-1 District.
(4)
Seasonal roadside stands shall be located no closer
than 15 feet to any street right-of-way or property line and shall
be removed at the end of each growing season.
(5)
Buildings used for retail sales of agricultural products
shall not exceed 1,000 square feet of sales floor area for every 10
acres of land farmed. No building used for agricultural products shall
exceed 5,000 square feet of sales area.
(6)
Off-street parking for permanent structures shall be provided in accordance with the requirements of Article VII for retail businesses.
(7)
Off-street parking for seasonal roadside stands shall be designed in accordance with Article VII; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
(8)
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of Article VII for retail businesses; however, in no case shall less than 10 spaces be provided.
(9)
Adequate ingress, egress and traffic circulation shall
be provided so that vehicles do not back onto the street right-of-way
and do not park or stand on any street or berm.
(10)
One nonilluminated freestanding sign shall be
permitted to announce the agricultural sales, provided the maximum
surface area of the sign shall not exceed 24 square feet, the height
of the sign shall not exceed eight feet and the sign shall be located
no closer than 10 feet to any property line or street right-of-way.
(11)
Seasonal activities such as hay rides, spring and fall festivals and similar activities related to the farm shall be subject to all applicable requirements of a retail establishments, provided adequate parking is provided in a temporary parking area based on the ratio specified in Article VII for "all other uses."
A.
There shall be no more than two full-time or four
part-time nonresident employees.
B.
There shall be a minimum of two off-street parking
spaces in addition to the number of spaces required for the residential
use of the structure.
C.
There shall be a maximum of one sign, no larger than
two square feet gross sign area.
D.
The owner and all employees shall be licensed by the
Pennsylvania Department of Health to operate such a facility.
E.
All employees of such a facility shall be required
to undergo a criminal background investigation by the Murrysville
Police Department. The applicant shall pay the cost of such investigation.
F.
No person convicted of any sexually related criminal
offense or any violent criminal offense shall be employed by such
a facility.
G.
Any outdoor play areas and facilities shall be adequately
screened from adjoining residential uses.
H.
Any outdoor play areas shall be protected with a child
safety fence around the entire perimeter of the play area a minimum
of four feet high.
A.
Transient retail sales. Excepting for those agricultural sales allowed by § 220-65, Agriculture, a lot shall only be used for temporary retail sales if all of the following conditions are met:
(1)
The property shall be located within a zoning district
that allows retail sales.
(2)
The operator shall have received a temporary use permit
from the Zoning Officer
(3)
No off-street parking spaces shall be obstructed that
are required as a minimum by this chapter to serve permanent uses
on the lot.
(4)
Any signs visible from a public street shall comply
with this chapter and be permitted as temporary signs.
(5)
If food or beverages are sold that are not prepackaged,
the applicant shall prove compliance with state health regulations,
including having on-site facilities for workers to wash their hands.
(6)
Any structure shall meet applicable minimum setbacks.
(7)
The activity shall not obstruct safe sight distances,
and access to the site shall be provided in a manner meeting municipal
site distance criteria.
(8)
Applicable state highway occupancy permit requirements
shall be met.
B.
Commercial and recreational vehicles.
(1)
No commercial vehicle or combination of vehicles for
the operation of which state law requires a commercial driver's license
or CDL shall be parked, stored or maintained on any street, road or
right-of-way within any zoning district of the Municipality of Murrysville.
(2)
Motor homes and recreational trailers, as defined
in the Pennsylvania Vehicle Code, and boats shall not be parked nor
stored or maintained on any street, road or right-of-way within any
zoning district of the Municipality of Murrysville.
(3)
The aforementioned vehicles cited under Subsection B(1) and (2) of this section shall not be parked within the front yard or side yard setbacks of R-1, R-2, and R-3 Districts more than three separate instances in one week or 72 hours in one week wherein the parking or storage of said vehicles constitutes regular and frequent storage inconsistent with the use of personal vehicles typically incidental to residential use.
(4)
The dispatch of commercial vehicles from any residence
for use or purposes of business activity for which the vehicle is
utilized shall expressly constitute an unauthorized home occupation.
Vehicles that do not require a commercial driver's license and may
be used as personal vehicles and that are utilized solely by an occupant
to travel to an off-site place of employment or business are exempt
from the aforesaid provision.
[Added 8-6-2008 by Ord. No. 771-08]
Unless otherwise required within this chapter,
the following standards shall be applied to building facades that
bear the following relationship to another building within a planned
center, building on an adjacent parcel or front lot lines of the lot
on which the subject building is constructed where the subject building
line is at or approximately parallel to the opposing building wall
or front lot line or where a line perpendicular to the subject building
wall intersects aforesaid line(s) (or extensions thereof) at an interior
angle equal to or greater than 45°. The "line" of the subject
building as cited above shall be the line which most nearly parallels
the entire subject building wall or face.
A.
At least 20% of the entire face of any building shall
be comprised of windows or tinted glass, the sum of which shall be
distributed as follows for multistory buildings:
B.
Flat roofs, those without any pitched form, shall
include a parapet on the front concealing the roof.
C.
At least four of the following shall be incorporated
into any building proposed in retail, office, and residential sections:
(1)
Pitched or mansard roof form.
(2)
Cornices or roof overhangs.
(3)
Pilasters, stringcourses, or similar means of
dividing the floors of structures or giving the impression of dividing
traditional stories of buildings where warehouse or retail necessitates
wall faces taller than 14 feet facing front lot lines, other principal
structures and public rights-of-way.
(4)
At least two stories within the structure or
the appearance of two stories through height and corresponding window
placement on at least 1/3 of the building's face at intervals no less
than 20% of the building's face.
(5)
The inclusion of pitched roofs or flat roofs
with cornices or similar canopies housing open walkways and pedestrian
areas on at least 1/3 of the building's face at intervals no less
than 20% of the building's face.
(6)
Arrangement of street furniture, accompanied
by building perimeter landscaping, such as park benches, lighting
or outdoor eating areas, sufficient to meet the needs of anticipated
customers grouped in accessible areas or arrangements at a rate of
one per every 150 lineal feet of the building's face.
D.
Subject building walls shall bear one or more of the
following for every 50 lineal feet of the building wall and for every
30 lineal feet of townhouses, two-family dwellings, triplexes, and
fourplexes in the residential use portions of mixed-use PRDs and mixed-use
developments:
(1)
Change in building facade material accompanied
by a variation in the roof parapet or roof style, which may include
a variation in height or change in the style of cornice used.
(2)
Offset in the building of at least one foot.
(3)
The above variations shall occur not more than
once every 20 lineal feet.
