If the Zoning Officer has reason to believe
that the proposed use may have difficulty complying with the standards
of this article, then the Zoning Officer may require an applicant
to provide written descriptions of proposed machinery, hazardous substances,
operations and safeguards. The applicant may specify that portions
of such submittal shall be treated as confidential to be viewed only
by City officials without a business interest in such matters, in
order to protect proprietary information.
A.
No landowner, tenant nor lessee shall use or allow
to be used land or structures in a way that seriously threatens to
or creates any of the following conditions:
(1)
Communicable disease or other public health hazards,
including activities that encourage the breeding of disease-prone
insects or rodents.
(2)
Significant physical hazards to the public, especially
hazards that would be easily accessible by small children.
(3)
Activity that prevents a neighboring landowner of
ordinary sensitivities from making reasonable use of their property.
(4)
Activity that creates a significant hazard to public
health and safety because of serious explosive, fire, biological,
biogenetic or toxic hazards.
B.
It is the responsibility of every property owner to
ensure that their property does not threaten public health or safety
and to remove or alter any structure or situation that threatens the
public health and safety. This includes but is not limited to structurally
unsound structures, including those damaged by fire. The City does
not accept responsibility to identify or address all such hazards.
C.
Junk vehicles.[1]
[Added 10-15-2003 by Ord. No. 12-2003]
(1)
Junk vehicle nuisances are not permitted on private property. It shall be unlawful for any person to store, accumulate, or allow to remain on any private property, any junk vehicle as defined in § 375-21.
(2)
Furthermore, it is hereby declared that any junk vehicle
located on private property, unless otherwise noted under exceptions,
constitutes a threat to the public health and safety and is a nuisance.
If any junk vehicle is kept upon private property in violation hereof,
both the owner of the property and the person(s) occupying said property
shall be notified of the violation and either or both may be subject
to fines or penalties under the law.
(3)
The only exceptions to junk vehicle nuisances are:
the junk vehicle is stored inside an enclosed structure, not visible
from the outside, such as a garage.
A.
If the Zoning Officer, based upon review by the City
Engineer or the County Conservation District or DEP or the Fish and
Wildlife Service or the Army Corps of Engineers, has reason to believe
that a portion of a site proposed to be altered may possibly meet
the state or federal definitions of a wetland, the Zoning Officer
may require the applicant to provide a study by a qualified professional
delineating the locations of wetlands. However, the City accepts no
responsibility to identify all wetlands or to warn all parties of
such possibilities.
B.
All permits of the City are issued on the condition
that the applicant comply with federal and state wetlands regulations,
and such permits may be revoked or suspended by the Zoning Officer
for noncompliance with the regulations.
A.
Purpose. To protect the water quality of surface waters,
preserve physical access to surface waters in case of future public
acquisition, minimize erosion and sedimentation, preserve the natural
stormwater drainage system of the area, conserve sensitive wildlife
and aquatic habitats, preserve vegetation along waterways that will
help screen out eroded soil and other pollutants and provide for setbacks
that can be used as required yard areas for a use.
B.
Setbacks from Monongahela River. No construction of a new principal building, the expansion of an existing building, or commercial and industrial storage areas shall be located within 600 feet from the low waterline of the Monongahela River to the northerly right-of-way line of the former P. & L. E. Railroad (now known as the C.S.X. Railroad), without the prior review and approval of the Planning Commission. Furthermore, any new construction or expansion of existing facilities is prohibited in those areas designated as flood hazard areas on the FEMA Flood Insurance Program Maps, except those permitted uses as outlined in § 375-44. Flood-prone areas, Subsection D, Permitted and prohibited uses in the one-hundred-year floodplain.
[Amended 8-15-2012 by Ord. No. 5-2012]
D.
Setback areas and construction. During any filling,
grading or construction activity, all reasonable efforts shall be
made to leave the setback areas of this section undisturbed, except
at approved waterway crossings.
A.
Applicability. If an area of a lot including slopes
of 15% or greater is proposed for construction of buildings, streets
or driveways or nonagricultural grading, then the applicant shall
submit a steep slope site plan to the Zoning Officer. These submittal
requirements may be met by including the required information on subdivision/land
development plans.
B.
Plan. A steep slope site plan shall meet the following
requirements:
(1)
Show detailed slope contours for all areas that potentially
may be disturbed and constructed upon.
(2)
Identify all areas of 15% to 25% and greater than
25% slope.
(3)
Be to scale (such as one inch = 50 feet).
(4)
Show substantial areas of trees and dense vegetation
proposed to be removed or preserved prior to or during the development
of the use.
(5)
Be stamped by a professional surveyor, professional
engineer or registered landscape architect.
(6)
Show proposed locations of principal buildings, streets,
driveways, on-lot septic fields and other areas of soil disturbance.
(If the exact location of these features is not definitely determined
at the time of plan submittal, then the plan shall designate the outer
limits of areas where such features may potentially be located. If
different locations outside of the approved location would be proposed
after approval of the site plan, then the applicant shall prove to
the Zoning Officer that the revised location would still meet the
requirements of this section.)
(7)
State the maximum slope of proposed driveways and
streets.
(8)
Show an area of 20 feet around the proposed principal
building locations.
C.
Fifteen percent to 25%. If a proposed principal building
and driveway location and any areas within 20 feet of such location
on the lot include more than 1,000 square feet with 15% or greater
slopes, but do not include more than 1,000 square with slopes greater
than 25%, the following regulations shall apply, unless more restrictive
regulations are stated elsewhere in this chapter:
D.
Greater than 25%. If a proposed principal building
location and any areas within 20 feet of such location on the lot
include more than 1,000 square feet with slopes greater than 25%,
then the Zoning Officer shall not permit the construction of such
principal buildings within the proposed location.
F.
Grading; man-made slopes. No grading shall occur in
such a way that would circumvent the requirements of this chapter,
such as prior to submittal for a zoning or building permit or subdivision
or land development approval. The steep slope requirements shall apply
based on the slope of land at the time of the adoption of this chapter.
This section shall not apply to man-made slopes that naturally were
not 15% or greater slope.
G.
Driveways. A new driveway shall not be built that
would require cutting against contours through an area of 30% or greater
natural slope for 75 feet or longer, measured in a straight line.
A.
No substance shall be stored in such a way that it
could be washed into the groundwater or surface water, if such substance
could seriously contaminate groundwater or surface water or serious
harm aquatic life of a waterway.
B.
If a substance threatens groundwater or surface water
contamination, it shall be stored within an impermeable containment.
Such storage shall be surrounded if needed by a berm that would drain
any spilled substance to a engineered collection area or other method
approved in writing by the City Council or DEP.
D.
Brownfield remediation. The following shall apply to all land within
the City of Monessen, along the riverfront between the shore of the
Monongahela River and the former P. & L.E. Railroad right-of-way
(now known as the C.S.X. Railroad):
[Added 8-15-2012 by Ord. No. 5-2012]
(1)
To
protect the health and well-being of the community, future residents,
businesses and industries alike, a Phase I and Phase II environmental
site assessment study shall be prepared and submitted to the Planning
Commission for review and acceptance prior to construction work. Contaminated
sites shall be identified and appropriate mitigation measures shall
be identified and completed prior to the development of any site.
All methods of wastewater disposal shall meet
requirements of DEP, the City Sewer Authority and the Official City
Sewage Facilities Plan, as amended, as applicable.
A.
No principal or accessory use or its operations shall
generate a sound level exceeding the limits established in the table
below, when measured at the specified locations.[1]
[1]
Editor's Note: Said table, Sound Level Limits by Receiving Land Use/District, is included at the end of this chapter.
B.
The maximum permissible sound levels in the above
table shall not apply to any of the following:
(1)
Sound needed to alert people about an emergency.
(2)
Repair or installation of utilities or construction
of structures, sidewalks or streets.
(3)
Household power tools and lawn mowers.
(4)
Agricultural activities, including permitted raising
of livestock, but not exempting a commercial kennel.
(5)
Railroads, aircraft or vehicles operating on a public
street.
(6)
Public celebrations specifically authorized by the
City Council or a county, state or federal government agency or body.
(7)
Unamplified human voices or the sounds of pets.
(8)
Ringing of bells and chimes by a place of worship.
No use shall generate vibration that is perceptible
to an average person through their senses, without the use of measuring
instruments, on private property beyond the exterior lot line of the
use generating the vibration. This requirement shall not apply to
occasional nonroutine blasting that may be necessary during construction
of streets, structures and utilities.
A.
No use shall generate odors or dust that are significantly
offensive to persons of average sensitivities beyond the boundaries
of the subject lot.
B.
This restriction shall not apply to odors or dust
created by permitted agricultural uses that are using normal farming
practices within Act 133 of 1982, as amended, the State Right to Farm
Act,[1] or an official Agricultural Security Area. This odor restriction
shall apply to uses that do not follow the farming practices referenced
in those state laws, such as if manure is not plowed under within
a reasonable period of time.
[1]
Editor's Note: See 3 P.S. § 951
et seq.
A.
Streetlighting exempted. This § 375-42 shall not apply to streetlighting that is owned, financed or maintained by the City or the state.
B.
Glare. All lights and signs shall be designed and
operated to reasonably minimize the amount of light and glare they
generate onto residential lots and streets. All light sources, including
signs, shall be properly diffused as needed with a translucent or
similar cover to prevent exposed bulbs from being directly visible
from streets, public sidewalks, dwellings or adjacent lots. All light
sources, including signs, shall be shielded around the light source
and carefully directed and placed to prevent the lighting from creating
a nuisance to reasonable persons in adjacent dwellings and to prevent
the lighting from shining into the eyes of passing motorists.
C.
Height of lights. No luminaries, spotlight or other
light source that is within 200 feet of a dwelling shall have a height
exceeding 25 feet above the average surrounding ground level. This
limitation shall not apply to lights needed for air safety nor lights
intended solely to illuminate an architectural feature of a building.
D.
Flickering. Flashing, flickering or strobe lighting
are prohibited, except for nonadvertising seasonal lights between
October 25 and January 10.
A.
Grading and erosion plans. In advance of any earth
disturbance (including grading, filling and excavation), other than
crop farming, an appropriate sedimentation and erosion control and
grading plans shall be submitted to the Zoning Officer if such work:
B.
Erosion. Earthmoving activities and the stripping
of vegetation shall be held to a reasonable minimum to avoid erosion.
All City permits are granted on the condition that state erosion and
sedimentation regulations and any submitted erosion and sedimentation
plan are complied with. Failure to comply with such regulations or
plan shall be cause for suspension of City permits.
C.
Drainage. The ground adjacent to a building shall
be graded so that surface water will be drained away from such building
and away from on-lot septic fields. Adequate stormwater control shall
be used to protect buildings on the subject lot and all adjoining
property. This shall include, but not be limited to, measures to prevent
high-velocity, concentrated runoff from damaging other property and
causing erosion.
D.
Grading shall not be completed in such a way that
soils, rocks or other debris are left in an unsightly fashion nor
in a fashion that interferes with drainage, streets or utilities.
E.
Fill. Materials used for fill as a future base for
construction shall be nonbiodegradable, well compacted and provide
a suitable and secure base.
F.
Dumping. Outdoor dumping of junk or solid waste in
other than an approved solid waste disposal facility, composting facility
or junkyard is prohibited.
G.
Stripping of topsoil. Sufficient topsoil to grow grass
and similar vegetation shall remain on all land, except for areas
approved to be paved.
