Article XIV Environmental and Performance Standards

No direct glare shall be permitted, with the following exceptions:

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.

A luminary less than four feet above the ground may have a cone angle of 90°.

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.

Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.

Noise. Refer to Chapter 130, Noise, of the Code of the Borough of Wilson.

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.)

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.

Vibrations occurring at higher than 50 cps frequency or aperiodic vibrations shall not induce acceleration exceeding 0.001 g.

Single impulse aperiodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01 g.

Storage of hazardous and toxic substances.

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:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulfur and sulfur products.

(q)

Pesticides (including insecticides, fungicides and rodenticides).

(r)

Radioactive substances, insofar as such substances are not otherwise regulated.

Impoundments containing toxic substances are not permitted.

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.

Storage and handling facilities for hazardous and toxic substances should not be sited within 300 feet of a public or private water supply.

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.

At least two groundwater monitoring devices are required for all facilities handling toxic or hazardous substances.

Impervious liners and all-weather coverings are to be installed at all road-deicing salt facilities.

Storage of chemicals. The following regulations shall apply to all chemicals:

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.

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:

Chemicals such as heating oil or propane, which may be required for the normal heating and cooling of a building, and fire-suppression chemicals.

Printing supplies, photographic developing chemicals, janitorial chemicals and lawn and agricultural fertilizers in a quantity not to exceed 40 cubic feet.

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.

All storage and waste disposal shall conform to all existing municipal fire prevention code and state and federal regulations.

Storage of wastes.

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.

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.

Storage and waste disposal facilities of commercial, industrial, institutional or multifamily uses shall be screened.

§ 170-85 Traffic impact requirements.

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.

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.

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.

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.

The developer shall identify all subsequent phases of a project at the time of submission of the initial phase.

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.

Requirements for projects having a major traffic impact. All projects which are determined to have a major traffic impact shall comply with the following:

Compliance with the site plan review procedures set forth in § 170-11.

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.

All such projects shall comply with the parking and loading requirements set forth in Article XVI.

Major traffic impact study.

A major traffic impact study shall include at least the following:

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.

Identification of all major roads and intersections serving and substantially impacted by the project.

An analysis of how the proposed project users or residents will use these major roads.

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.)

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.)

Estimates of traffic volumes (ADT), weekday peak hour volumes and weekend peak hour volumes after development of all stages of the project.

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.

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.

Analysis of parking requirements and needs and the extent to which these needs are met by the project.

Solutions proposed by the developer to alleviate the identified problems and deficiencies and the proposed cost of these improvements.

Evaluation of impact of project on adjoining residential neighborhood areas.

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:

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.

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.

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.

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.

§ 170-86 Environmentally sensitive areas.

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.

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.

Floodplains.

General provisions.

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.

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.

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.

Warning and disclaimer of liability.

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.

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.

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.

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.

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.

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.

New construction, development or redevelopment in the floodway area is prohibited.

Identification and establishment of floodplain areas. The floodplain area may consist of the following specific areas:

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.

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.

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:

Soils identified with potential for flooding, as described and mapped by the United States Department of Agriculture;

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.

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.

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.

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.

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:

Agriculture, horticulture, and forestry that:

Do not include any structures;

Do not require grading which would cause any increase in flood heights or frequency;

Are conducted in accord with recognized soil conservation and water quality practices;

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;

Accessory uses, including yard areas, gardens, play areas and parking areas, provided that no structures are erected, and no impervious surfaces are created;

Redevelopment projects that:

Do not include residential structures or critical facilities;

Do not include prohibited uses listed below;

Are consistent with the goals and objectives of the Comprehensive Plan;

Are permitted in the applicable zoning district;

Are elevated to regulatory flood elevation and in full compliance with the floodproofing requirements in the Borough Building Code, as amended;

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;

The repair or expansion of riparian buffers;

Floodproofing to protect only lawfully existing nonconforming structures and lawfully existing nonconforming uses within structures;

Fences and temporary protective fencing that do not impede floodwaters;

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;

Public utility facilities under the exclusive jurisdiction of the Pennsylvania Public Utility Commission.

Prohibited uses and development. The following uses are prohibited from locating within the floodplain area:

All uses prohibited in the zoning district;

New construction, development or redevelopment in the FW area;

All structures, with the exception of those specifically allowed in § 170-86A(4);

The production, storage, or use of any amount of radioactive substances;

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:

Acetone;

Ammonia;

Benzene;

Calcium carbide;

Carbon disulfide;

Celluloid;

Chlorine;

Hydrochloric acid;

Hydrocyanic acid;

Magnesium;

Nitric acid and oxides of nitrogen;

[12]

Petroleum products (gasoline, fuel oil, etc.);

Phosphorus;

Potassium;

Sodium;

Sulphur and sulphur products;

[17]

Pesticides (including insecticides, fungicides, and rodenticides);

[18]

Radioactive substances, insofar as such substances are not otherwise regulated;

The production, storage or use of explosives;

The storage or disposal of materials used for snow and ice control, including sand, salt and other deicing chemicals;

Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of vehicles and/or materials;

The storage or disposal of any soil, loam, peat, sand, gravel, rock, or other mineral substance, refuse, trash, rubbish, debris, or dredged/excavated spoil;

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;

Manure storage facilities and manure stockpiles;

Improvements to existing manufactured home parks and subdivisions;

(m)

Sewage disposal facilities.

Existing structures in floodplains.

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.

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.

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.

Existing structures in the FF and FA areas are defined and regulated as follows:

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.

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.

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.

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.

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.

The cost of improvements or reconstruction commenced since the adoption of this chapter must be calculated at today's current cost.

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.

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.

Building and zoning permits.

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.

The requirements of the UCC and ICC, as amended, shall apply to this section.

Floodplain variances.

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.

Variance procedures and requirements. Requests for variances shall be considered by the Board in accordance with this chapter and with the following:

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.

No variance shall be granted for any of the prohibited uses or activities in § 170-86A(5) to locate in the floodplain.

If granted, a variance shall involve only the least modification necessary to provide relief.

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.

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.

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:

The danger to life and property due to increased flood heights or velocities caused by encroachments.

The danger that materials may be swept on to other lands or downstream to the injury of others.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

The susceptibility of the proposed use and its contents to flood damage and the effect of such damage on the individual owners.

The importance of the services provided by the proposed use to the community.

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.

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.

Wetland areas.

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.

Permits.

All permits of Wilson Borough are issued with the condition that federal and state wetlands regulations be complied with.

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.

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.

Wetlands identification and notification:

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.

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.

Determination of wetlands.

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:

Construction or enlargement of a building;

Filling or draining of an area;

Final subdivision of a lot which would require alteration of the wetland area in order for construction to reasonably occur.

All determinations of wetlands shall be subject to acceptance by the appropriate state or federal officials.

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.

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.

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.

Riparian and wetland buffers. This subsection shall apply to all lands within the Borough that are adjacent to a watercourse or wetland.

General design standards.

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.

The riparian buffer shall be:

Seventy-five feet from the top of the streambank of a watercourse;

Seventy-five feet from the outer edge of a wetland.

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.

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.

Permitted uses or activities:

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.

Stream restoration projects and activities approved by the Borough.

Horticulture practices used to maintain the health of vegetation in the riparian buffer.

Removal of nonnative vegetation or trees in danger of falling, causing damage to dwellings or other structures, or the blockage of a watercourse.

Agricultural uses existing at the time of adoption of this chapter with best management practices.

Prohibited uses or activities:

All structures.

Impervious coverage unless permitted in § 170-86C(2).

Creation of new lawn areas.

Lawn care service.

Planting of nonnative vegetation.

Removal, burning or mowing of native vegetation.

Soil disturbance, inclusive of grading, stripping of topsoil, plowing, cultivating or other practices.

Septic systems.

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.

The production, storage or use of explosives.

The storage or disposal of materials used for snow and ice control, including sand, salt and other deicing chemicals.

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.

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.

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:

Location of streams, ponds or other water resources on the property to be developed;

Species, location and size of trees within the riparian buffer setback;

Location of any proposed building or structure; and

Any other information deemed relevant by the ZHB.

In addition to these standards and criteria, the following shall be considered by the ZHB in rendering affirmative decisions where applicable:

A showing of good and sufficient cause.

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.

Whether plan modifications or conditions of approval can achieve conservation objectives of this subsection.

That the relief granted is the minimum necessary and does not conflict with any municipal, state or federal regulations.

Groundwater aquifers and recharge areas.

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.

GROUNDWATER AQUIFERS

Permeable saturated underground formations of rock, sand or gravel.

RECHARGE AREAS

Land surface areas through which groundwater enters the earth.

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.

River, streams, ponds and lakes.

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.

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.

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.

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.

Steep slopes.

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:

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.

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.

Require development to avoid steep slope areas wherever possible, and require all land use, clearing, grading, and construction to satisfy development standards.

Regulate expansion of land use or development that existed on steep slope areas prior to enactment of these requirements.

Protect adjoining properties from harmful consequences of development permitted under these requirements.

Identification and establishment of steep slopes.

Steep slopes are defined as those areas having slopes of 15% or greater.

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:

Soil Survey of Lehigh/Northampton Counties, Pennsylvania, USDA Soil Conservation Service.

Contour maps prepared from aerial photography.

On-site survey prepared by a registered professional engineer or surveyor.

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.

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.

General provisions.

These regulations apply to lots where the proposed land disturbing activity is greater than 5,000 square feet.

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.

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%.

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.

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.

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.

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.

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.

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).

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.

The maximum grade of a road or driveway shall not exceed 10%.

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.

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:

Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.

Forestry and reforestation in accordance with recognized natural resource and soil conservation practices, and as permitted by municipal and state regulations.

Pasture and grazing land in accordance with recognized natural resource and soil conservation practices.

Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.

Cultivation and harvesting of crops in accordance with recognized natural resource and soil conservation practices.

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.

Nonstructural accessory uses necessary to the operation and maintenance of the above permitted uses.

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%:

Removal of topsoil except when related to an approved conditional use.

Solid waste disposal, recycling uses, junkyards, or other outdoor storage uses.

Conditional uses and development on slopes of 15% but less than 25%.

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:

Structures, roads, driveways, parking areas, construction or other development.

Clearing of vegetation or grading, including the addition of fill.

Sealed public water supply wells with approval of the Pennsylvania Department of Environmental Protection.

Sanitary or storm sewers and stormwater detention basins with the approval of the Borough Engineer and the Department of Environmental Protection.

On-lot sewage disposal systems, when approved by the Borough Sewage Enforcement Officer and/or the Pennsylvania Department of Environmental Protection.

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.

Applications for conditional uses shall provide the following information and documentation:

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.

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.

Proposed modifications to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff.

Specifications for building construction and materials, including filling, grading, storage of materials, and water supply and sewerage facilities.

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.

Written confirmation from the Wilson Borough Fire Department that emergency access is satisfactory to provide adequate fire protection.

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:

Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.

Forestry and reforestation in accordance with recognized natural resource and soil conservation practices, and as permitted by municipal and state regulations.

Pasture and grazing land in accordance with recognized natural resource and soil conservation practices.

Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.

Cultivation and harvesting of crops in accordance with recognized natural resource and soil conservation practices.

Nonstructural accessory uses necessary to the operation and maintenance of the above permitted uses.

Prohibited uses on slopes of 25% or more. The following uses are specifically prohibited on slopes of 25% or more:

Removal of topsoil.

Solid waste disposal, recycling uses, junkyards, or other outdoor storage uses.

Structures, roads, driveways, parking areas, construction or other development.

Clearing of vegetation or grading, including the addition of fill.

Sealed public water supply wells.

Sanitary or storm sewers and stormwater detention basins.

On-lot sewage disposal systems.

Utility transmission lines and above ground utility line structures.

Extractive uses.

(9)

Conditional use standards and criteria. In considering a conditional use application, the Borough Council shall consider the following:

Relationship of the proposed use to the objectives set forth in § 170-86F(1).

Adverse effects on abutting properties.

The need for a woodland management plan on wooded steep slope areas.

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.

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.

Proposed on-lot sewage disposal facilities are properly designed and constructed in conformity with applicable regulations.

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.

Surface runoff of water will not create unstable conditions, including erosion, and appropriate stormwater management facilities will be constructed as necessary.

Carbonate areas.

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.

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:

Closed depressions.

Open sinkholes.

Seasonal high-water table indicators.

Outcrops of bedrock.

Surface drainage into ground.

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.

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.

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.

Stormwater runoff control.

Purpose. The purposes of stormwater runoff control are:

To guide drainage and prevent increase in runoff on and off the site.

To prevent destruction and loss of soils on and off the site from increased runoff.

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.

Special requirements for stormwater runoff control.

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.[1]

Editor's Note: See Ch. 149, Stormwater Management.

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.

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:

The natural drainage patterns on and off site shall be used in their present state to the degree possible and protected from disturbance.

Stormwater runoff shall be directed away from impervious surfaces and toward absorbent ground area.

The plan shall minimize blockage, collapse or washout, street drainage or other hazards associated with drainage and spring runoff conditions.

Connection shall be made to existing stormwater runoff drainage systems, where possible.

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.

§ 170-87 Buffer yard requirements.

Softening buffers. A "softening buffer" is a mixed perimeter landscape planting intended to provide an informal separation between neighboring developments. It is not intended to be an impenetrable screen. Softening buffer yards shall comply with the following standards:

Refer to Table 1 for requirements in each zoning district or land use.[1]

Editor's Note: Table 1 is included as an attachment to this chapter.

Where a softening buffer is required as per Table 1, a minimum twenty-foot wide softening buffer shall be required along rear and side lot lines.

The softening buffer area shall be used for no purpose other than planting of trees, shrubs and lawn to meet planting requirements and may include a wall or fence that meets the standards outlined in this section. Any wall or fence shall be constructed in such a manner that it will not conflict with sight lines or conflict with the character of the abutting district. All softening buffer areas shall be kept free of trash, yard waste, and any other debris.

Existing vegetation. In cases where preserved natural features existing on the site duplicate or essentially duplicate the planting requirements of this chapter, these requirements may be waived or amended by the Borough Council.

Within the buffer area, no slopes shall be steeper than one foot in height for each four feet in width 25%.

A softening buffer is not required where a screen buffer is provided.

Location. Softening buffers, when required, shall be aligned adjacent and parallel to property lines or right-of-way boundaries but may be sited on any position of the property if permitted by the Borough Council. Plant material used in the softening buffer shall be located within 20 feet of the property line or right-of-way lines and may be grouped informally.

Quantity. Four shade trees and eight deciduous, evergreen or semievergreen shrubs shall be included for each 100 feet of property perimeter. Up to 50% of required shade trees may be substituted with flowering trees, evergreen trees or shrubs at the rate of two flowering trees, two evergreen trees or 10 shrubs for every shade tree.

(9)

A naturalistic planting design with plants arranged in groups or clusters rather than symmetrically shall be encouraged. All required plant materials shall be located within the buffer yard. Refer to § 170-90F for a list of recommended plant material.

(10)

Not more than 20% of plants shall be evergreen.

(11)

All plant material used shall meet minimum size and other requirements as stated in § 170-90, Landscaping.

(12)

Buffer areas may be included as part of required front, side or rear yards. All buffer areas shall be maintained and kept clean of all debris and rubbish.

(13)

All landscaping required by this chapter shall be perpetually maintained by the property owner. Any landscaping needed to meet a chapter requirement that dies, is removed, or is severely damaged shall be replaced by the current property owner on a one-to-one basis as soon as is practical considering growing seasons, within a maximum of 150 days.

(14)

No buffer plants or structures in excess of two feet in height shall be erected in any sight triangle area.

Screen buffers. A "screen buffer" is a predominantly evergreen perimeter landscape planting intended to provide a formal, impenetrable visual screen. However, it is not intended to be a monocultural planting. Screen buffers shall comply with the following requirements:

All truck loading, outside storage areas, mechanical equipment and trash receptacles shall be screened from view from streets and abutting residential areas.

Screening shall consist of evergreen trees in double rows, staggered five feet to 15 feet on center. Evergreen or deciduous shrubs may be used to supplement the evergreen trees. Required spacing depends on the type of trees used:

Pine, spruce and fir: 15 feet on center.

Arborvitae: five feet on center.

American holly and juniper: 10 feet on center.

Hemlock: 12 feet on center.

Trees used for screen buffers shall be composed of 100% evergreen varieties. Shrubs may be a combination of evergreen and deciduous varieties. The required plant material shall be so arranged as to provide immediate visual screen of 50% and at least eight feet in height at the time of planting.

Walls, fences and/or earth berms may be used in combination with plant material subject to the approval of the Borough Council and in conformance with § 170-91C, fence, hedge and wall regulations.

All plant material used shall meet minimum size and other requirements as stated in § 170-90, Landscaping.

Buffer areas may be included as part of required front, side or rear yards. All buffer areas shall be maintained and kept clean of all debris and rubbish.

All planting in the buffer area shall be installed and thereafter maintained by the property owner.

No buffer plants or structures in excess of two feet in height shall be erected in any sight triangle area.

Walls or fences within buffer yards.

Fences in residential districts shall be constructed of materials which do not detract from the general neighborhood.

Fences, hedges or walls which are located on property lines shall not exceed six feet in height. Fences, hedges or walls which are set back from property lines may be increased in height at a ratio of one foot additional height for every two feet of additional setback. In no case shall any fence, wall or hedge exceed 10 feet in height.