No building, structure or land use within the Borough shall
be used or occupied in any manner that creates any dangerous, injurious,
noxious or otherwise objectionable condition; fire, explosive or other
hazard; noise or vibration; smoke, dust, odor or other form of air
pollution; heat, electromagnetic or other radiation or other condition
in such manner or in such amount as to affect adversely the reasonable
use or value of the surrounding area of adjoining premises or be dangerous
to public health or safety.
A. Radioactivity. Activities which may emit radioactivity shall comply
with regulations of the Pennsylvania Department of Environmental Protection,
Division of Radiology, and the Federal Nuclear Regulatory Commission.
B. Heat. Activities which employ the use of heat or produce heat as
a product or by-product of said activity shall be so located and/or
buffered to prohibit a raise in temperature of 2° F. at the lot
line.
C. Glare.
(1) No direct glare shall be permitted, with the following exceptions:
(a)
Parking areas and walkways may be illuminated by luminaries
so hooded or shielded that the maximum angle of the cone of direct
illumination shall be 60° drawn perpendicular to the ground. Such
luminaries shall be placed not more than 16 feet above the ground
level, and the maximum illumination at ground level shall not be in
excess of three footcandles at 30 feet, horizontally measured, from
the light source.
(b)
A luminary less than four feet above the ground may have a cone
angle of 90°.
(2) The total of any and all direct glare and indirect glare (produced
by illuminating a reflecting surface) shall not exceed 0.3 footcandle
instantaneous maximum measurement or 0.1 footcandle average measurement
at any side or rear lot line.
(3) Deliberately induced sky-reflected glare, as by casting a beam upward
for advertising purposes, is specifically prohibited.
D. Noise. Refer to Chapter
130, Noise, of the Code of the Borough of Wilson.
E. Smoke, dust, etc. The air-pollution control regulations promulgated by the Air Pollution Control Act of January 9, 1960, P.L. 2119, as amended (35 P.S. § 4001 et seq.), shall be used to control the emissions of dust, dirt, smoke, vapors, gases and odors. (These regulations are part of Title 25, Rules and Regulations, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article
III, Air Resources.)
F. Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
beyond any lot line; nor shall any vibration produced exceed 0.002
g peak at up to 50 cycles per second (cps) frequency, measured at
or beyond the lot line using either seismic or electronic vibration-measuring
equipment.
(1) Vibrations occurring at higher than 50 cps frequency or aperiodic
vibrations shall not induce acceleration exceeding 0.001 g.
(2) Single impulse aperiodic vibrations occurring at an average interval
greater than five minutes shall not induce accelerations exceeding
0.01 g.
G. Storage of hazardous and toxic substances.
(1) The following regulations shall apply to the storage of hazardous
and toxic materials and the disposal of said materials. Hazardous
and toxic materials include but are not limited to the following:
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(p)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(2) Impoundments containing toxic substances are not permitted.
(3) Storage and handling areas for toxic and hazardous substances must
have impermeable surfaces designed to contain material and direct
it to a predetermined collection point.
(4) Storage and handling facilities for hazardous and toxic substances
should not be sited within 300 feet of a public or private water supply.
(5) Any use requiring the maintenance of a supply of more than 110 gallons
or other comparable volume of any toxic or hazardous substances on
the premises or which will involve the production, storage or use
of any amount of radioactive substance shall be inventoried, and the
inventory shall be submitted to the Borough Manager. In addition,
spill contingency plans acceptable to the Borough Manager, Police
Chief and fire companies shall be developed and kept on file in the
offices of the above-cited officers and agencies.
(6) At least two groundwater monitoring devices are required for all
facilities handling toxic or hazardous substances.
(7) Impervious liners and all-weather coverings are to be installed at
all road-deicing salt facilities.
H. Storage of chemicals. The following regulations shall apply to all
chemicals:
(1) No underground or subsurface storage of chemicals, either gas, liquid
or solids, shall be permitted in any district, except for underground
storage of petroleum products as regulated by the state police and/or
other state or federal regulatory agency.
(2) No aboveground or surface storage of chemicals, either gas, liquid
or solids, in any quantity in excess of 20 cubic feet in volume shall
be stored or maintained within 300 feet of a residential district
boundary or within 300 feet of a residential dwelling, except for
the following:
(a)
Chemicals such as heating oil or propane, which may be required
for the normal heating and cooling of a building, and fire-suppression
chemicals.
(b)
Printing supplies, photographic developing chemicals, janitorial
chemicals and lawn and agricultural fertilizers in a quantity not
to exceed 40 cubic feet.
(c)
Aboveground tanks for storage of fuel oil for use by the property
owner for: farm-related equipment; trucks or automobiles; emergency
equipment; and/or recreational equipment or vehicles.
(3) All storage and waste disposal shall conform to all existing municipal
fire prevention code and state and federal regulations.
I. Storage of wastes.
(1) No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces; nor shall any substance which can contaminate a stream,
watercourse or groundwater system or otherwise render such stream,
watercourse or groundwater undesirable as a source of water supply
or recreation or which will destroy aquatic life be allowed to enter
any streams or watercourse.
(2) All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers which are adequate to eliminate such hazards.
(3) Storage and waste disposal facilities of commercial, industrial,
institutional or multifamily uses shall be screened.
All development projects will be evaluated by the Zoning Officer
to determine the level of traffic impact on the Borough. This will
apply to all new projects or uses proposed or to any expansion of
an existing development, which is proposed after the effective date
of this chapter. The level of traffic impact will be based on the
estimated trip ends generated by the proposed uses in the project.
"Trip ends" are defined as the total number of trips entering and
leaving a specific land use or uses located in a project per day.
These trip ends will be based on the estimated trip generation rates
for various types of land uses based on the latest edition of the
publication entitled "Trip Generation, An Information Report," published
by the Institute of Transportation Engineers.
A. Determination of major traffic impact. Any development which has
an estimated average daily traffic (or daily trip ends per day) in
excess of 1,000 shall be considered to have a major traffic impact.
B. Special exceptions. All major traffic impact projects shall be considered to be special exceptions, as defined herein, even if they are listed as permitted uses in §
170-82, and all procedures applicable to special exceptions shall apply to zoning applications for such projects.
C. If any project is proposed after the date of adoption of this chapter
which does not have a major traffic impact, as defined herein, and
a later or subsequent addition to that project is proposed within
10 years of the initial project, then the cumulative effect of all
separate submissions shall be used, regardless of any changes in ownership
which may take place over the time period under consideration. This
shall apply to major shopping centers, medical centers, hospital expansion,
apartment complexes, planned cluster residential developments or any
other use proposed under this chapter.
D. The developer shall identify all subsequent phases of a project at
the time of submission of the initial phase.
E. Phased projects. In the event that a project is to be phased over
a period of time, not exceeding 10 years, the total traffic impact
for the entire period of phasing shall be used in determining the
traffic impact.
F. Requirements for projects having a major traffic impact. All projects
which are determined to have a major traffic impact shall comply with
the following:
(1) Compliance with the site plan review procedures set forth in §
170-11.
(2) All such projects shall have direct access to an arterial road or
to a collector road in the Borough as identified in the Comprehensive
Plan. In lieu of such access, the developer shall provide a project
road which is capable of handling the level of traffic to be generated
and which is proposed for development by the developer to collector
or major road standards, as established by the Borough, from the project
site to the closest existing collector or arterial road.
(3) All such projects shall comply with the parking and loading requirements set forth in Article
XVI.
G. Major traffic impact study.
(1) A major traffic impact study shall include at least the following:
(a)
All projects which have an estimated average daily traffic (ADT)
exceeding 1,000 vehicles per day shall be required to submit a traffic
impact study prepared by a competent authority. The requirements for
such a study are set forth below.
(b)
Identification of all major roads and intersections serving
and substantially impacted by the project.
(c)
An analysis of how the proposed project users or residents will
use these major roads.
(d)
Existing traffic conditions (without the proposed project),
including traffic volumes (ADT) and peak hour volumes on the identified
major roads, based on Pennsylvania Department of Transportation (PennDOT)
information, surveys and trip generation rates. (In addition, commercial
projects shall provide weekend traffic volume data at peak hours.)
(e)
Projected traffic conditions (without the project) based on
trends in growth of traffic for ADT and peak hour volumes. (In addition,
commercial projects shall provide weekend traffic volume data at peak
hours.)
(f)
Estimates of traffic volumes (ADT), weekday peak hour volumes
and weekend peak hour volumes after development of all stages of the
project.
(g)
Highway and intersection traffic capacities and levels of service for Subsection
G(1)(c),
(d) and
(e) above, as defined by the Highway Capacity Manual, must be calculated.
(h)
Identification of existing and projected traffic problems on
roads serving the project or substantially impacted by the project,
including highway capacity deficiencies for the various roads and
intersections involved.
(i)
Analysis of parking requirements and needs and the extent to
which these needs are met by the project.
(j)
Solutions proposed by the developer to alleviate the identified
problems and deficiencies and the proposed cost of these improvements.
(k)
Evaluation of impact of project on adjoining residential neighborhood
areas.
(l)
Identification and analysis of high-accident areas located in
proximity to the project, as identified by the Borough, and the effect
which the proposed project will have on the high accident areas and
locations.
(m)
The competent authority responsible for preparing the major
traffic impact study shall certify to the following:
[1]
That in the preparation of the study, the applicable Comprehensive
Plan and any pertinent Borough or other traffic or transportation
plan or study, as identified by the Borough, has been considered in
the preparation of the major impact study.
[2]
That the competent authority has consulted with and received
information pertaining to the streets and traffic data and projections
from PennDOT and from the Lehigh Valley Planning Commission.
[3]
That in the professional opinion of the competent authority,
the completed major traffic impact study is a true and accurate study
which has given adequate consideration to available information and
includes reasonable projections and analysis to the factors considered
and that the study represents the best opinion of the competent authority
on the traffic and parking impact of the proposed development.
[4]
That, if it has not been possible to fully analyze all relevant
factors, then those factors not analyzed shall be identified, together
with the reasons for their exclusion from the study.
(2) The major traffic impact study shall be reviewed by the Planning
Commission and a recommendation made to the Zoning Hearing Board in
accordance with the special exception procedures and requirements
established herein. The Planning Commission and/or Zoning Hearing
Board may request additional data or information to clarify the findings
set forth in said study. The Board shall not approve any such special
exception if it determines that any traffic or parking problem to
be created by the proposed development cannot be adequately alleviated
by the developer.
H. The applicant or developer, as determined by the Borough, will be
responsible for the guaranty of payment for the proportionate share
of all traffic control devices or for the construction of public facilities
applicable to the proposed development which are required as a result
of the traffic impact generated by the proposed development project.
All areas in the Borough may be proposed for development in
accordance with the requirements set forth in this chapter and Zoning
Map. Such areas may also be subject to special environmental or hazardous
conditions or other site problems which require a special consideration
and conformance with special regulations required to protect the public
health, safety and welfare. Areas of the Borough which are subject
to the following special conditions and problems shall conform with
the following additional requirements.
A. Floodplains.
(1) General provisions.
(a)
The floodplain area shall be those areas expected to be subject
to the one-hundred-year flood, as shown on the Flood Insurance Rate
Map (FIRM) which accompanies the Flood Insurance Study (FIS) prepared
for the Borough by the Federal Emergency Management Agency (FEMA),
dated February 20, 1987, or the most recent official federal revision
thereof. Such mapping and study shall be known as the "Federal Floodplain
Map." The referenced FIS is declared to be part of this chapter and
shall be kept at the Wilson Borough offices.
(b)
No development shall be undertaken, no structure or land shall
hereafter be used; no structure shall be located, relocated, constructed,
reconstructed, enlarged or structurally altered; and no area shall
be developed, graded, filled or excavated in any flood hazard district
except in full compliance with the terms and provisions of this chapter
and any other applicable ordinances and regulations.
(c)
Failure to comply with the provisions of this section is a violation
of this chapter, and the Borough may proceed with court action and/or
issue a declaration of violation, under Section 1316 of the National
Flood Insurance Act of 1968, to the Federal Emergency Management Agency
to deny flood insurance on the property in violation. The effects
of having a Section 1316 violation are nonavailability of flood insurance
for any buildings, possible reduction of market value, risk of damage
without compensation, possible mortgage foreclosure, and denial of
disaster assistance for repair of structural damage.
(d)
Warning and disclaimer of liability.
[1]
The degree of flood protection sought by the provisions of this
chapter is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur
on rare occasions. Flood heights may be increased by man-made or natural
causes, such as ice jams and bridge openings restricted by debris.
This chapter does not imply that areas outside the identified floodplain
or that land uses permitted within a floodplain area will be free
from flooding or flood damages.
[2]
This chapter shall not create liability on the part of Wilson
Borough or any officer or employee thereof for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made hereunder.
(e)
No encroachment, land development, improvement or reconstruction
of any kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by the Borough,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office. In
addition, the Federal Emergency Management Agency and the Pennsylvania
Department of Community and Economic Development (DCED) shall be notified
prior to any alteration or relocation of any watercourse.
(f)
Any new construction, uses, activities or land development occurring within the floodplain shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes, ordinances and regulations, including the UCC, as amended, and Chapter
153, Subdivision and Land Development.
(g)
Under no circumstances shall any new construction, uses, activity
and/or land development adversely affect the capacity of the channels
or floodways of any watercourse, drainage ditch or any other drainage
facility or system.
(h)
Any new construction and/or land development, with the exception
of redevelopment projects, that would cause any increase in the base
flood elevation shall be prohibited.
(i)
New construction, development or redevelopment in the floodway
area is prohibited.
(2) Identification and establishment of floodplain areas. The floodplain
area may consist of the following specific areas:
(a)
The floodway area (FW): the areas identified as "floodway" in
the AE Zone in the Flood insurance Study prepared by FEMA. The term
shall also include floodway areas which 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.
Such studies, analyses, computations, etc., shall be submitted in
sufficient detail to allow a through technical review by the Borough.
(b)
The flood-fringe area (FF): the portion of the AE Zone not included
in the floodway. The basis for the outermost boundary of this area
shall be the base flood elevations shown in the flood profiles contained
in the Flood Insurance Study.
(c)
The general floodplain area (FA): the areas identified as A
Zone in the Flood Insurance Study for which no base flood elevations
have been provided or areas subject to flooding defined by one of
the following methods:
[1]
Soils identified with potential for flooding, as described and
mapped by the United States Department of Agriculture;
[2]
Hydrologic and hydraulic analyses undertaken only by professional
engineers or others of demonstrated qualifications, who shall certify
that the technical methods reflect accepted technical concepts. Such
studies, analyses, computations, etc., shall be submitted in sufficient
detail to allow a thorough technical review by the Borough.
(d)
An initial determination shall be made by the Zoning Officer
should a dispute concerning any floodplain boundary arise. Any party
aggrieved by this decision may appeal to the Zoning Hearing Board
under the provisions of this chapter. The burden of proof is on the
appellant.
(e)
The delineation of the floodplain area may be revised by the
Borough where natural or man-made changes have occurred and/or where
more detailed studies have been conducted or undertaken by FEMA, United
States Army Corps of Engineers or other qualified agency, or an individual.
However, prior to any such change, approval must be obtained from
FEMA.
(3) Nonconforming uses and structures in the floodplain. A structure
or use of a structure or premises which lawfully existed before the
enactment of these provisions, but which is not in conformity with
those provisions, shall be subject to the requirements of this section.
(4) Permitted uses and development. The following uses and activities
are permitted in the FF or FA areas, provided they are in compliance
with the provisions of the zoning district in which the use or activity
is located and are not prohibited by any other ordinance:
(a)
Agriculture, horticulture, and forestry that:
[1]
Do not include any structures;
[2]
Do not require grading which would cause any increase in flood
heights or frequency;
[3]
Are conducted in accord with recognized soil conservation and
water quality practices;
(b)
Public and private recreational uses and activities, limited
to parks, day camps, picnic grounds, boat launching and swimming areas,
hiking and horseback riding trails, wildlife and nature preserves,
game farms, fish hatcheries, and hunting and fishing areas;
(c)
Accessory uses, including yard areas, gardens, play areas and
parking areas, provided that no structures are erected, and no impervious
surfaces are created;
(d)
Redevelopment projects that:
[1]
Do not include residential structures or critical facilities;
[2]
Do not include prohibited uses listed below;
[3]
Are consistent with the goals and objectives of the Comprehensive
Plan;
[4]
Are permitted in the applicable zoning district;
[5]
Are elevated to regulatory flood elevation and in full compliance
with the floodproofing requirements in the Borough Building Code,
as amended;
[6]
Include a document, certified by a registered professional engineer
which 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 the lowest floor elevation of all proposed
structures, the elevation of the one-hundred-year flood, and the type
and extent of floodproofing measures which have been incorporated
into the design of all proposed structures and/or the development;
(e)
The repair or expansion of riparian buffers;
(f)
Floodproofing to protect only lawfully existing nonconforming
structures and lawfully existing nonconforming uses within structures;
(g)
Fences and temporary protective fencing that do not impede floodwaters;
(h)
Dams, culverts, bridges, and altered or relocated watercourses
with permits and/or approvals from the PA Department of Environmental
Protection, PA Public Utility Commission, and/or United States Army
Corps of Engineers. Furthermore, notification of such actions shall
be provided to all affected adjoining municipalities, FEMA and the
Pennsylvania DCED;
(i)
Public utility facilities under the exclusive jurisdiction of
the Pennsylvania Public Utility Commission.
(5) Prohibited uses and development. The following uses are prohibited
from locating within the floodplain area:
(a)
All uses prohibited in the zoning district;
(b)
New construction, development or redevelopment in the FW area;
(c)
All structures, with the exception of those specifically allowed in §
170-86A(4);
(d)
The production, storage, or use of any amount of radioactive
substances;
(e)
The production, storage or use of a substance or material, underground
or aboveground, that is buoyant, flammable, explosive, or injurious
to property, water quality or human, animal, plant, fish or aquatic
life, including but not limited to the following:
[11] Nitric acid and oxides of nitrogen;
[12] Petroleum products (gasoline, fuel oil, etc.);
[16] Sulphur and sulphur products;
[17] Pesticides (including insecticides, fungicides,
and rodenticides);
[18] Radioactive substances, insofar as such substances
are not otherwise regulated;
(f)
The production, storage or use of explosives;
(g)
The storage or disposal of materials used for snow and ice control,
including sand, salt and other deicing chemicals;
(h)
Sanitary landfills, dumps, junk and salvage yards, and outdoor
storage of vehicles and/or materials;
(i)
The storage or disposal of any soil, loam, peat, sand, gravel,
rock, or other mineral substance, refuse, trash, rubbish, debris,
or dredged/excavated spoil;
(j)
Draining, excavation, or dredging, or removal or relocation
of loam, peat, sand, gravel, soil, rock, or other mineral substance,
except as accessory to work permitted as of right or by special permit;
(k)
Manure storage facilities and manure stockpiles;
(l)
Improvements to existing manufactured home parks and subdivisions;
(m)
Sewage disposal facilities.
(6) Existing structures in floodplains.
(a)
No improvement or reconstruction of an existing structure shall
be allowed within any FW area as identified by the Flood Insurance
Study prepared by FEMA or other available studies or sources of information
found acceptable by the Borough and approved by FEMA.
(b)
No improvement of an existing structure shall be allowed within
any FF or FA area that would, together with all other existing and
anticipated development, increase the base flood elevation more than
one foot at any point.
(c)
The improvement or reconstruction of existing structures that
store materials that are buoyant, flammable, explosive, or injurious
to property, water quality or human, animal, plant, fish or aquatic
life shall be prohibited in floodplains.
(d)
Existing structures in the FF and FA areas are defined and regulated
as follows:
[1]
Intact structures. Any improvement to an existing intact structure,
to an extent 10% or more of its market value, shall be undertaken
only in full compliance with the floodproofing requirements in the
UCC and ICC, as amended.
[2]
Partially damaged structures. Any improvement or reconstruction
to an existing partially damaged structure shall be undertaken only
in full compliance with the floodproofing requirements in the UCC
and ICC, as amended.
[3]
Substantially damaged structures. Any improvement or reconstruction
to a substantially damaged structure shall be in full compliance with
the floodproofing requirements in the UCC and ICC, as amended, and
shall have the lowest floor, including basement, elevated to flood
protection elevation.
[4]
Repetitive loss structures. An improvement to a repetitive loss
structure to an extent 10% or more of its market value of the intact
structure shall be prohibited. Any permitted improvement to a repetitive
loss structure shall be in full compliance with the floodproofing
requirements of the UCC and ICC, as amended, and shall have the lowest
floor, including basement, elevated to flood protection elevation.
The reconstruction of a repetitive loss structure shall be in full
compliance with the UCC and ICC, as amended, and shall have the lowest
floor, including basement, elevated to flood protection elevation.
[5]
Severe repetitive loss structures. An improvement to a severe
repetitive loss structure to an extent 5% or more of its market value
as an intact structure shall be prohibited. Any permitted improvement
to a severe repetitive loss structure shall be in full compliance
with the floodproofing requirements of the UCC and ICC, as amended,
and shall have the lowest floor, including basement, elevated to flood
protection elevation. The reconstruction of a severe repetitive loss
structure shall be:
[a]
In full compliance with the UCC and ICC, as amended;
[b]
Shall have the lowest floor, including basement, elevated to
flood protection elevation; and
[c]
The applicant shall provide documentation from the Borough,
the State of Pennsylvania and the Federal Emergency Management Agency
that states Wilson Borough, the State of Pennsylvania or FEMA will
not acquire the property for the purposes of flood mitigation prior
to the reconstruction of the structure.
(e)
The cost of improvements or reconstruction commenced since the
adoption of this chapter must be calculated at today's current cost.
(f)
It is the responsibility of the applicant to supply the information
necessary (e.g., appraisals, construction costs, estimates, etc.,
to make the determination that the market value is reasonably accurate
and that the cost estimate reasonably reflects the actual costs of
the improvements to the structure.
(g)
Acceptable estimates of market value shall be determined from
one of the following methods: independent appraisals by a state licensed
real estate appraiser; or the value of the building taken from NFIP
claims data.
(7) Building and zoning permits.
(a)
Building and zoning permits shall be required for all proposed
development, construction, reconstruction, placement, improvement
of uses or structures, regardless of value and activities such as
mining, dredging, grading, logging, paving, excavation or drilling
operations.
(b)
The requirements of the UCC and ICC, as amended, shall apply
to this section.
(8) Floodplain variances.
(a)
General. If compliance with any of the requirements of this
chapter would result in an exceptional hardship for a prospective
builder, developer or landowner, the Zoning Hearing Board may, upon
request, grant relief from the strict application of the requirements.
(b)
Variance procedures and requirements. Requests for variances
shall be considered by the Board in accordance with this chapter and
with the following:
[1]
No variance shall be granted for any construction, development,
use or activity within any floodplain or floodway area that would
cause any increase in the base flood elevation.
[2]
No variance shall be granted for any of the prohibited uses or activities in §
170-86A(5) to locate in the floodplain.
[3]
If granted, a variance shall involve only the least modification
necessary to provide relief.
[4]
In granting any variance, the Board shall attach whatever reasonable
conditions and safeguards they consider necessary in order to protect
the public health, safety and welfare and to achieve the objectives
of this chapter.
[5]
A complete record of all variance requests and related actions
shall be maintained by the Board. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Emergency Management Agency.
(c)
Review factors. In reviewing applications for a variance, the
Board shall consider all relevant factors and procedures specified
in other articles of this chapter and:
[1]
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
[2]
The danger that materials may be swept on to other lands or
downstream to the injury of others.
[3]
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
[4]
The susceptibility of the proposed use and its contents to flood
damage and the effect of such damage on the individual owners.
[5]
The importance of the services provided by the proposed use
to the community.
[6]
The requirements of the use for a waterfront location.
[7]
The availability of alternative locations not subject to flooding
for the proposed use.
[8]
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
[9]
The relationship of the proposed use to the Comprehensive Plan
and the Borough stormwater management objectives and regulations.
[10] The safety of access to the property in times
of flood of ordinary and emergency vehicles.
[11] The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters expected at the
site.
[12] The requirements of the National Flood Insurance
Program Regulations, Part 59: General Provisions, and Part 60: Criteria
for Land Management and Use.
[13] Such other factors which are relevant to the purposes
of this chapter.
(d)
Supplemental technical review. The Board may refer any application
and accompanying documentation pertaining to any request for a variance
to any engineer or other qualified person or agency for technical
assistance and/or all hydrologic and hydraulic analysis.
B. Wetland areas.
(1) Purpose: to encourage the preservation of wetlands to protect the
quantity and quality of surface water and groundwater, to control
flooding, to prevent erosion and sedimentation and to protect extremely
important habitats and food sources for wildlife, birds and aquatic
life.
(2) Permits.
(a)
All permits of Wilson Borough are issued with the condition
that federal and state wetlands regulations be complied with.
(b)
Where the Zoning Officer or Borough Engineer determine that
there is evidence that there may be indicators of a wetland on a proposed
development site, the Zoning Officer may suspend, withdraw or delay
Borough zoning permits until the applicant provides evidence from
a qualified professional that such site does not contain wetlands
or that such action will comply with applicable federal and state
permit requirements.
(c)
If a proposed development site does not include any wetlands
based upon established indicators and federal and state regulations,
then the applicant shall provide a written statement to such effect.
(3) Wetlands identification and notification:
(a)
Those areas of lands defined as wetlands in either the United
States Army Corps of Engineers Technical Report Y87-1, Corps of Engineers
Wetlands Delineation Manual; or the United States Environmental Protection
Agency Wetlands Identification Delineation Manual, Volume I, Rational,
Wetland Parameters, and Overview of Jurisdictional Approach, Volume
II, Field Methodology, as most recently updated or modified; or the
Pennsylvania Department of Environmental Resources Wetlands Identification
and Delineation, Chapter 105, Dam Safety and Waterways Management
Rules and Regulations, as most recently updated or modified. Where
a difference between the foregoing criteria exist, the most restrictive
criteria will be used in any particular case. For the purposes of
this definition and for its application to this chapter, "most restrictive
criteria" shall mean the criteria which causes the preservation of
the most extensive area of wetlands.
(b)
If any building, structure, use, subdivision, land development
or grading is proposed to occur within any lands believed to be any
type of wetland, the applicant shall clearly state such information
on any permit, subdivision or land development application and site
plan submitted to the Borough, and shall notify, in writing, the appropriate
district offices of the United States Army Corps of Engineers and
the PA Department of Environmental Protection.
(4) Determination of wetlands.
(a)
The following activities shall not occur within any area shown
as wetlands, which may be amended by resolution, unless a determination
has been made by a qualified person trained in wetlands determination
that such area is not a wetland:
[1]
Construction or enlargement of a building;
[2]
Filling or draining of an area;
[3]
Final subdivision of a lot which would require alteration of
the wetland area in order for construction to reasonably occur.
(b)
All determinations of wetlands shall be subject to acceptance
by the appropriate state or federal officials.
(c)
The applicant shall be responsible for all costs and work involved
in determining any wetland and in seeking any federal or state review
or approvals.
(5) Usable lot area. A lot must contain a contiguous area in an amount
of at least 75% of the required minimum lot area which is not in wetlands.
(6) Responsibility. All applicants are put on notice that it is their
responsibility to make sure that federal and state regulations are
complied with. Federal law may require that a wetland that is altered
be later returned to a wetland, which may require demolition of buildings.
C. Riparian and wetland buffers. This subsection shall apply to all
lands within the Borough that are adjacent to a watercourse or wetland.
(1) General design standards.
(a)
For sites where riparian buffer vegetation does not exist, it
is acceptable to allow the buffer to succeed naturally through a no-mow
area where native vegetation is able to establish itself naturally.
(b)
The riparian buffer shall be:
[1]
Seventy-five feet from the top of the streambank of a watercourse;
[2]
Seventy-five feet from the outer edge of a wetland.
(c)
Principal structures and areas of impervious coverage, unless permitted in §
170-86C(2), shall be set back from the outer edge of the riparian buffer a minimum of 25 feet.
(d)
It shall be lawful, but not required, to supplement the riparian
buffer with planting of native vegetation. Native plants can include
herbaceous cover, ferns, shrubs and trees. Native vegetation [as defined
in The Plants of Pennsylvania: An Illustrated Manual, (Ann Fowler
Rhoads and Timothy A. Block, June 2000, or current version thereof)
and The Trees of Pennsylvania: A Complete Reference Guide (Ann Fowler
Rhoads and Timothy A. Block, May 2004, or current version thereof)]
must be used in such efforts. Any supplemental plantings shall be
installed to allow for proper plant growth and maintenance.
(2) Permitted uses or activities:
(a)
Roads, bridges, trails, storm drainage, stormwater management
facilities and utilities are permitted within the buffer, provided
that an alternative analysis has clearly demonstrated that no other
feasible alternative exists and that minimal disturbance will take
place.
(b)
Stream restoration projects and activities approved by the Borough.
(c)
Horticulture practices used to maintain the health of vegetation
in the riparian buffer.
(d)
Removal of nonnative vegetation or trees in danger of falling,
causing damage to dwellings or other structures, or the blockage of
a watercourse.
(e)
Agricultural uses existing at the time of adoption of this chapter
with best management practices.
(3) Prohibited uses or activities:
(c)
Creation of new lawn areas.
(e)
Planting of nonnative vegetation.
(f)
Removal, burning or mowing of native vegetation.
(g)
Soil disturbance, inclusive of grading, stripping of topsoil,
plowing, cultivating or other practices.
(i)
The production, storage or use of a substance or material, underground
or aboveground, that is buoyant, flammable, explosive, or injurious
to property, water quality, or human, animal, plant, fish or aquatic
life.
(j)
The production, storage or use of explosives.
(k)
The storage or disposal of materials used for snow and ice control,
including sand, salt and other deicing chemicals.
(l)
Sanitary landfills, dumps, junk and salvage yards, and outdoor
storage of vehicles and/or materials.
(m)
The storage or disposal of any soil, loam, peat, sand, gravel,
rock, or other mineral substance, refuse, trash, rubbish, debris,
or dredged/excavated spoil.
(n)
Draining, excavating, or dredging, or removal or relocation
of loam, peat, sand, gravel, soil, rock, or other mineral substance,
except as accessory to work permitted as of right or by special permit.
(o)
Manure storage facilities and manure stockpiles.
(p)
The maintenance, housing or grazing of animals.
(4) Boundary determination. The developer, applicant, property owner
or designated representative shall be responsible for the initial
width determination of the riparian corridor and identifying this
area on any plan that is submitted to the municipality for subdivision,
land development, or other improvements that require plan submissions
or permits. This determination shall be subject to review by the Zoning
Officer.
(5) Variances. Applications filed with the ZHB shall contain the basis
for the appeal of the Zoning Officer or Engineer's decision and a
description of the relief requested. Plans submitted shall be prepared
by a licensed professional acceptable to the ZHB and shall include
the following:
(a)
Location of streams, ponds or other water resources on the property
to be developed;
(b)
Species, location and size of trees within the riparian buffer
setback;
(c)
Location of any proposed building or structure; and
(d)
Any other information deemed relevant by the ZHB.
(6) In addition to these standards and criteria, the following shall
be considered by the ZHB in rendering affirmative decisions where
applicable:
(a)
A showing of good and sufficient cause.
(b)
Whether strict application of this subsection would deny the
applicant reasonable use of the property, or whether the article would
have severe impact and would render the property unusable or unsuitable
for development.
(c)
Whether plan modifications or conditions of approval can achieve
conservation objectives of this subsection.
(d)
That the relief granted is the minimum necessary and does not
conflict with any municipal, state or federal regulations.
D. Groundwater aquifers and recharge areas.
(1) Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
GROUNDWATER
Replenished or recharged by the rain or snow that falls on
the land.
RECHARGE AREAS
Land surface areas through which groundwater enters the earth.
(2) Special requirements for groundwater protection. Any proposed land
use which may directly, by means of effluent discharge into the ground,
or indirectly through the leaching of stored materials, result in
the pollution of the groundwater shall be prohibited in the aquifer
outcrops and/or recharge areas. The determination of such hazards
shall be made by the appropriate state agency and/or a qualified sanitary
engineer recognized by the Board.
E. River, streams, ponds and lakes.
(1) Rivers, streams, lakes and ponds shall be left as permanent open
space. No development, filling, piping or diverting shall be permitted
except for required roads. Roads, where necessary, shall be designed
to minimize disruption. This regulation also applies to wetlands.
(2) All developments shall protect rivers, streams, lakes and ponds from
sedimentation and shall control erosion in accordance with the Pennsylvania
Stream Law Act and PA DEP implementing regulations.
(3) No alteration of watercourses, whether by excavation, filling, grading,
clearing, draining or otherwise, shall be made that affects the water
levels or flow of such watercourses without careful review and study
of the effect of such alteration and any related facilities on water
recharge areas, water table levels, water pollution, aquatic animal
and plant life, temperature change, drainage, flooding, runoff and
erosion. Review and approval of such alteration shall be made by the
Board in consultation with the County Conservation District and PA
DEP.
(4) All development proposed within 100 feet of the normal streambank
of river or stream within the Borough or within 100 feet of any pond,
reservoir or other water body in excess of 1/4 acre of water surface
area shall be subject to special exception review by the Board.
F. Steep slopes.
(1) Purpose. The purpose of this subsection is to provide for the reasonable
use of steep slopes while ensuring development will not induce soil
erosion, require excessive grading, or increase slope instability,
and shall be in conformance with the following objectives:
(a)
Guard against property damage and personal injury, and minimize
the potential for erosion, slope failure, stream siltation, increased
runoff, flooding and contamination of surface waters caused by the
adverse effects of site preparation and construction on steep slopes.
(b)
Permit land uses by right that are compatible with protection
of steep slope areas, and encourage the use of steep slope areas for
open space and conservation uses.
(c)
Require development to avoid steep slope areas wherever possible,
and require all land use, clearing, grading, and construction to satisfy
development standards.
(d)
Regulate expansion of land use or development that existed on
steep slope areas prior to enactment of these requirements.
(e)
Protect adjoining properties from harmful consequences of development
permitted under these requirements.
(2) Identification and establishment of steep slopes.
(a)
Steep slopes are defined as those areas having slopes of 15%
or greater.
(b)
The boundaries of steep slopes may be supplemented or modified
by examination of one or more of the following sources by the Borough
whenever a subdivision or land development plan is submitted for review:
[1]
Soil Survey of Lehigh/Northampton Counties, Pennsylvania, USDA
Soil Conservation Service.
[2]
Contour maps prepared from aerial photography.
[3]
On-site survey prepared by a registered professional engineer
or surveyor.
(c)
The Borough Engineer shall decide whether or not steep slopes
have been shown accurately on the applicant's plans. Based on the
Borough Engineer's advice, Wilson Borough may require applicants to
revise the boundaries shown on the plans.
(d)
The burden of proving the correct boundary shall be on the applicant,
supported by engineering and/or surveying data or mapping, testimony
of a soil scientist, or other acceptable evidence.
(3) General provisions.
(a)
These regulations apply to lots where the proposed land disturbing
activity is greater than 5,000 square feet.
(b)
All uses, activities and development occurring within any steep
slope area shall be undertaken only in strict compliance with the
provisions of this subsection, with all federal and state laws, and
with all other applicable Borough codes and ordinances.
(c)
No building lot shall be created unless it contains at least
5,000 square feet of area with slopes less than 25%. If it is infeasible
to provide this area in accordance with the setbacks required by the
underlying district, the lot area shall be increased as necessary
to provide a minimum area equal to 5,000 square feet of area with
slopes less than 25%.
(d)
Finished slopes of all cuts and fills shall not exceed 33%,
unless the applicant can demonstrate that steeper slopes can be stabilized
and maintained adequately to the satisfaction of the Borough.
(e)
All cuts shall be supported by retaining walls or other appropriate
retaining structures when, depending upon the nature of the soil characteristics,
such structures are approved by the Municipal Engineer in order to
prevent erosion.
(f)
Any fill placed on the lot shall be properly stabilized and,
when found necessary depending upon existing slopes and soil types,
supported by retaining walls or other appropriate structures as approved
by the Borough Engineer.
(g)
No retaining wall shall exceed the height prescribed in this
chapter, and there shall be at least 10 feet between stepped retaining
walls. All retaining walls require a certification by a professional
engineer that the wall was constructed in accordance with approved
plans and applicable building codes.
(h)
Any disturbance of steep slopes shall be completed within one
construction season, and disturbed areas shall not be left bare and
exposed during the winter and spring thaw periods. Permanent vegetative
cover shall be planted within three days after completion of grading.
(i)
No trees with a diameter at breast height (DBH) of eight inches or more shall be removed from steep slope areas unless in accord with §
170-83A(1) (regulating forestry).
(j)
The alignment of roads and driveways shall follow the natural topography, minimize regrading and comply with design standards for maximum grades set forth in the Chapter
153, Subdivision and Land Development.
(k)
The maximum grade of a road or driveway shall not exceed 10%.
(l)
The degree of steep slope protection sought by the provisions
of this subsection is considered reasonable for regulatory purposes.
This subsection does not imply that steep slope areas less than 15%
or permitted uses within the zoning district will be free from erosion
or slope instability. This subsection shall not create liability on
the part of Wilson Borough or any officer or employee thereof for
any damages that result from reliance on this section or any administrative
decision lawfully made hereunder.
(4) Permitted uses and development on slopes of 15% but less than 25%.
Open space and conservation uses are permitted by right on steep slopes,
provided that they shall not include any structures, roads, driveways,
parking areas, construction, or other development, or grading, or
clearing of vegetation:
(a)
Wildlife sanctuary, woodland preserve, arboretum, and passive
park and recreation areas.
(b)
Forestry and reforestation in accordance with recognized natural
resource and soil conservation practices, and as permitted by municipal
and state regulations.
(c)
Pasture and grazing land in accordance with recognized natural
resource and soil conservation practices.
(d)
Outdoor plant nursery or orchard in accordance with recognized
natural resource and soil conservation practices.
(e)
Cultivation and harvesting of crops in accordance with recognized
natural resource and soil conservation practices.
(f)
Front, side, or rear yards, and required lot area for any underlying zoning district, subject to the requirements of §
170-86F(3), General provisions, herein; and provided such yards shall not be used for any use prohibited under §
170-86F(5), herein.
(g)
Nonstructural accessory uses necessary to the operation and
maintenance of the above permitted uses.
(5) Prohibited uses and development on slopes of 15% but less than 25%.
The following uses are specifically prohibited on slopes of 15% but
less than 25%:
(a)
Removal of topsoil except when related to an approved conditional
use.
(b)
Solid waste disposal, recycling uses, junkyards, or other outdoor
storage uses.
(6) Conditional uses and development on slopes of 15% but less than 25%.
(a)
The following uses and activities may be permitted by conditional
use, provided that they are in compliance with the provisions of the
zoning district and are not prohibited by any other ordinance:
[1]
Structures, roads, driveways, parking areas, construction or
other development.
[2]
Clearing of vegetation or grading, including the addition of
fill.
[3]
Sealed public water supply wells with approval of the Pennsylvania
Department of Environmental Protection.
[4]
Sanitary or storm sewers and stormwater detention basins with
the approval of the Borough Engineer and the Department of Environmental
Protection.
[5]
On-lot sewage disposal systems, when approved by the Borough
Sewage Enforcement Officer and/or the Pennsylvania Department of Environmental
Protection.
[6]
Utility transmission lines and aboveground utility line structures,
unless upon petition of a public utility corporation, the Pennsylvania
Public Utility Commission shall, after a public hearing, decide that
the present or proposed situation of the lines or structures in question
is reasonably necessary for the convenience or welfare of the public.
[7]
Extractive uses in accordance with recognized conservation practices
and regulations of the state Department of Environmental Protection.
(b)
Applications for conditional uses shall provide the following
information and documentation:
[1]
A plan by a registered professional engineer or surveyor which
accurately locates the proposed use with respect to the steep slope
boundaries, with all pertinent information describing the proposal,
and a topographical survey with contour elevations at no greater than
two-foot intervals, where feasible.
[2]
A plan of proposed development or use of the site, conforming to the preliminary plan requirements of Chapter
153, Subdivision and Land Development, with contours shown at two-foot intervals, where feasible, throughout the steep slope areas proposed for development or use. Contours shall be accurately drawn from on-site survey or aerial photographic sources.
[3]
Proposed modifications to the existing topography and vegetative
cover, as well as the means of accommodating stormwater runoff.
[4]
Specifications for building construction and materials, including
filling, grading, storage of materials, and water supply and sewerage
facilities.
[5]
Documentation of any additional engineering and/or conservation
techniques designed to alleviate environmental problems that may be
created by the proposed activities, in compliance with municipal sedimentation
and erosion control regulations.
[6]
Written confirmation from the Wilson Borough Fire Department
that emergency access is satisfactory to provide adequate fire protection.
(7) Permitted uses and development on slopes of 25% or more. Open space
and conservation uses are permitted by right on slopes of 25% or more,
provided that they shall not include any structures, roads, driveways,
parking areas, construction, or other development, or grading, or
clearing of vegetation:
(a)
Wildlife sanctuary, woodland preserve, arboretum, and passive
park and recreation areas.
(b)
Forestry and reforestation in accordance with recognized natural
resource and soil conservation practices, and as permitted by municipal
and state regulations.
(c)
Pasture and grazing land in accordance with recognized natural
resource and soil conservation practices.
(d)
Outdoor plant nursery or orchard in accordance with recognized
natural resource and soil conservation practices.
(e)
Cultivation and harvesting of crops in accordance with recognized
natural resource and soil conservation practices.
(f)
Front, side, or rear yards, and required lot area for any underlying zoning district, subject to the requirements of §
170-86F(3), General provisions, herein; and provided such yards shall not be used for any use prohibited under §
170-86F(8), herein.
(g)
Nonstructural accessory uses necessary to the operation and
maintenance of the above permitted uses.
(8) Prohibited uses on slopes of 25% or more. The following uses are
specifically prohibited on slopes of 25% or more:
(b)
Solid waste disposal, recycling uses, junkyards, or other outdoor
storage uses.
(c)
Structures, roads, driveways, parking areas, construction or
other development.
(d)
Clearing of vegetation or grading, including the addition of
fill.
(e)
Sealed public water supply wells.
(f)
Sanitary or storm sewers and stormwater detention basins.
(g)
On-lot sewage disposal systems.
(h)
Utility transmission lines and above ground utility line structures.
(9) Conditional use standards and criteria. In considering a conditional
use application, the Borough Council shall consider the following:
(a)
Relationship of the proposed use to the objectives set forth in §
170-86F(1).
(b)
Adverse effects on abutting properties.
(c)
The need for a woodland management plan on wooded steep slope
areas.
(d)
Proposed roads, driveways and parking areas are designed so
that land clearing and/or grading will not cause accelerated erosion.
Both vertical and horizontal alignment for such facilities shall be
so designed that hazardous conditions are not created.
(e)
Alternative placements on non-steep slope areas were carefully
evaluated for structures, including buildings, retaining walls, swimming
pools, roads, access driveways, parking facilities and other development,
and can be shown to be inappropriate or infeasible to the satisfaction
of the Borough.
(f)
Proposed on-lot sewage disposal facilities are properly designed
and constructed in conformity with applicable regulations.
(g)
Proposed nonagricultural displacement of soil is for purposes
consistent with the intent of this subsection and will be executed
in a manner that will not cause erosion or other unstable conditions.
The applicant shall provide an erosion and sediment control plan and
supporting evidence.
(h)
Surface runoff of water will not create unstable conditions,
including erosion, and appropriate stormwater management facilities
will be constructed as necessary.
G. Carbonate areas.
(1) A recognized professional with competence in the field of geology
shall review aerial photographs, soils, geologic and other related
data available, as the data relates to the subject property. The professional
shall also conduct a site inspection of the property.
(2) Based on the information acquired from §
170-86G(1), the professional shall prepare a map of the site showing all karst features or feature indicators. The mapping shall indicate, but not be limited to, the following features:
(c)
Seasonal high-water table indicators.
(e)
Surface drainage into ground.
(3) All buildings, structures, impervious surfaces and utilities shall
be so situated, designed and constructed as to minimize the risk of
structural damage from existing or future sinkholes.
(4) The Municipal Engineer shall report to the governing body the capability
of the site to support the proposed development in a manner in which
the risks attendant to development in carbonate areas are either eliminated
or minimized. Recommendations for site development, including stormwater
management, the layout of utility lines, and building location may
be included. Additional studies or testing as deemed necessary by
the Municipal Engineer in order to produce an adequate study given
the scale of the proposed development and the hazards revealed may
be required of the applicant.
(5) Compliance with the above-noted regulations represents no warranty,
finding, guarantee, or assurance that a sinkhole will not occur on
an approved property. The Borough, its agencies, consultants and employees
assume no liability for any financial or other damages which may result
from sinkhole activity.
H. Stormwater runoff control.
(1) Purpose. The purposes of stormwater runoff control are:
(a)
To guide drainage and prevent increase in runoff on and off
the site.
(b)
To prevent destruction and loss of soils on and off the site
from increased runoff.
(c)
To prevent siltation of water bodies, watercourses and wet areas
on and off the site and subsequent harm to or loss of aquatic plant
and animal life.
(2) Special requirements for stormwater runoff control.
(a)
The owner/applicant shall comply with any stormwater management
plan or ordinance which has been adopted by the Borough or county
which is applicable to the proposed development.
(b)
All developments shall limit stormwater runoff so that no more
runoff is generated than that of the site in its current or natural
condition. Use of one or more of such techniques as retention ponds,
turfed swales, diversion ditches and energy dissipators shall be considered.
(c)
The Borough Engineer or Code Enforcement Officer shall require
the owner/applicant to provide a stormwater runoff control plan where
site conditions warrant the preparation of such a plan. The plan shall
be based on adequate topographic surveys, soil investigations and
runoff projections. To the maximum extent possible, the following
standards shall apply:
(d)
The natural drainage patterns on and off site shall be used
in their present state to the degree possible and protected from disturbance.
(e)
Stormwater runoff shall be directed away from impervious surfaces
and toward absorbent ground area.
(f)
The plan shall minimize blockage, collapse or washout, street
drainage or other hazards associated with drainage and spring runoff
conditions.
(g)
Connection shall be made to existing stormwater runoff drainage
systems, where possible.
I. Other adverse conditions. Where other adverse environmental or hazardous
conditions exist, the Borough Planning Commission and Zoning Hearing
Board shall establish suitable requirements to ensure the public health,
safety or welfare.