It is the intent of this § 400-701 to provide standards for the design of commercial establishments and nonresidential uses (referred to as commercial establishments) to assure the compatibility of the nonresidential development with the surrounding character of the Township. This shall be accomplished by:
A.
Siting buildings, parking areas and other facilities and improvements
based upon the particular topography of development site;
B.
Designing buildings with consideration of architectural style and
type of construction material in keeping with the surrounding landscape
and development pattern;
C.
Providing safe and convenient access from the public right-of-way
based on the existing area-wide traffic circulation pattern and the
expected traffic generated by the proposed use;
D.
Designing parking areas to complement patterns of traffic and pedestrian
flow and to provide adequate off-street parking for patrons;
E.
Maintaining to the greatest extent possible natural vegetation and
provide landscaping as an integral part of the overall design of the
proposed use and parking areas;
F.
Considering the impact of stormwater, noise, traffic and lighting
on surrounding land uses and providing buffers to minimize adverse
impacts; and
G.
Being consistent with any design guidelines adopted by the Township.
H.
Land development. Any proposed nonresidential building shall be considered
a "land development," as defined by the Pennsylvania Municipalities
Planning Code[1] and Chapter 345, Subdivision and Land Development, unless excluded by definition. Such buildings shall comply in all respects with all the requirements for plan submission and content for land developments contained therein, as well as the information which follows. The Township may also require any additional information, studies or reports as it deems necessary to meet the intent of this and other Township ordinances.
(1)
Location, widths, and names of all existing or prior platted
streets and utility rights-of-way, parks and other public open spaces,
permanent buildings and structures, houses or permanent easements,
and zoning and municipal boundary lines within 500 feet of the tract;
(2)
A traffic and pedestrian flow chart showing circulation patterns
from the public right-of-way and within the confines of the land development;
(3)
Location and dimensions of vehicular drives, entrances, exits,
acceleration and deceleration lanes;
(4)
Location, arrangement, and dimensions of automobile parking
space, width of aisles, width of bays, angle of parking;
(5)
Location, arrangement, and dimensions of truck loading and unloading
spaces and docks;
(6)
Location and dimensions of pedestrian entrances, exits, walks;
(7)
Location, height, and materials of walls, fences, screen plantings,
and other landscaped areas;
(8)
Preliminary architectural drawings for all buildings;
(9)
Location, size, height, and orientation of all signs other than
signs flat on building facades;
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
I.
Site design process. The applicant shall demonstrate to the Township
by the submission of the necessary land development site plans, that
the commercial establishment has been designed as follows:
(1)
Mapping of primary and secondary conservation areas [see § 400-601D(4)(a)] to identify all areas of the site which will remain undisturbed, along with noting site development practices which will be used to assure nondisturbance.
(2)
Locating the building site.
(3)
Locating required buffers.
(4)
Laying out street access, parking/loading areas, and other required
or proposed improvements.
J.
Ownership. The site proposed for any multiple occupant commercial
establishment shall be held in single ownership or in unified control;
and the applicant shall provide to the Township evidence of said ownership
and/or control.
A.
Intent and applicability. The intent of this § 400-702 is to regulate the development and operation of all development in the Township and to protect the environment and the public health, safety and general welfare. No land or building shall be used or occupied in such manner which creates any dangerous, injurious, noxious, or otherwise objectionable condition in such amount to adversely affect the surrounding area, and any such activity is hereby declared to be a public nuisance. However, any use permitted by this chapter may be undertaken and maintained if it conforms to all applicable requirements of this chapter, including the standards in this § 400-702, which are intended to limit nuisance elements. The following performance standards shall apply to all proposed new or expanded nonresidential uses and residential uses explicitly referenced by a specific section. The standards in this § 400-702 shall not apply to normal agricultural uses unless explicitly referenced by a specific section.
B.
Affidavit.
(1)
With the exception of residential uses, the applicant for a zoning permit for any other principal or accessory use shall include with such application an affidavit acknowledging his understanding of the performance standards in this § 400-702 and applicable to such use, and affirming his agreement to conduct or operate such use at all times in conformance with such standards.
(2)
Where there is reason to believe that the nature of the proposed use would make it difficult to comply with applicable standards, the Zoning Officer may require the applicant to submit plans of the proposed construction; also, a description of the proposed machinery, operations and products, and specifications for the mechanisms and techniques to be used to comply with this § 400-702. However, no applicant shall be required to reveal the secret details of any manufacturing operation or trade data and may specify that the plans or other information submitted pursuant to this § 400-702 shall be treated as a confidential matter.
C.
Setbacks and buffers.
(1)
Unless otherwise regulated by this chapter, where a nonresidential use is proposed contiguous to any existing residential dwelling and where a C or I District adjoins any RR, R-1, R-2 or R-3 District, the minimum size of the abutting setback shall be increased by 50% and a landscaped buffer not less than 15 feet in width shall be provided in accord with this § 400-702C. Storage of equipment, supplies, products or any other materials shall not be permitted in any front setback or side setback.
(2)
In the case of conditional uses and special exceptions, landscaped
buffers may be required by the Township in any setback in order to
assure the protection of adjoining uses by providing visual barriers
that block the glare of lights; reduce noise; serve as a protective
barrier by blocking physical passage to dangerous areas; and reduce
air pollution, dust and litter; and, to otherwise maintain and protect
the rural character of the district.
(a)
In determining the type and extent of the buffer required, the
Township shall take into consideration the design of the project structure(s)
and site, topographic features which may provide natural buffering,
existing natural vegetation, and the relationship of the proposed
project to adjoining areas.
(b)
The width of the required buffer, as determined by the Township,
shall not be less than 15 feet.
(c)
A mix of ground cover and shrubbery vegetation and canopy trees,
of such variety compatible with the local climate, may be required
so that a dense screen not less than six feet in height will be formed
within three years of planting.
(d)
Berms and landscaped walls or fences, compatible with the principal
building design, may be incorporated in the required buffer. Front
yard buffers shall be provided in the same manner to a height of not
less than four feet; however, all clear sight triangles shall be maintained.
(e)
In any case, special consideration shall be given to existing
residential uses and sites where residential uses are likely to be
developed. In cases where the adjoining use is a commercial use, or
when two or more adjacent properties are developed under a common
site plan, the width and density of the buffer may be reduced if the
Township shall determine that the proposed use and adjoining use(s)
are not incompatible.
(f)
Design details of buffers shall be included on the site plan, and buffers shall be considered "improvements" for the purposes of guaranteeing installation in accord with the requirements for "land developments" in Chapter 345, Subdivision and Land Development. It shall be the responsibility of the property owner to maintain all buffers in good condition and replace any dying or dead plants or deteriorating landscape material.
D.
Landscaping. A landscaping plan for the proposed project shall be submitted by the developer for review and approval by the Township. Where the project involves landscaping of more than 0.5 acre, the plan shall be prepared by a qualified registered landscape architect, professional planner or registered professional engineer. Landscaping shall be considered an improvement for the purposes of regulation by Chapter 345, Subdivision and Land Development. The landscaping plan shall include the overall design of the landscaping proposed, the type and size of vegetation to be utilized, and details of installation. Landscaping shall be installed to the following minimum standards:
(1)
All disturbed areas of the site shall be included in the landscaping
plan, and those areas immediately adjacent to buildings and walkways
shall be given extra consideration.
(2)
Adequate pedestrian walkways shall be provided for access from
parking areas and to common use areas and shall be an integral part
of the landscaping, and shall be consistent with the architectural
type of the project and shall be a minimum of four feet in width.
(4)
Where landscaping is required to serve as a buffer (e.g., between
the project and adjoining properties or between buildings and parking
areas), the plants used shall be of the evergreen type and of adequate
size to provide an effective buffer within five years of project approval
or in accord with the time frame as may be established as a condition
of approval for conditional uses, special exceptions or variances.
(5)
The variety of landscape materials shall be consistent with
building architecture, and the surrounding area and plant type shall
be appropriate for the size and location of the space it is to occupy.
(6)
All areas in and around parking areas shall be landscaped.
(7)
Attractive natural features of the site, including mature trees,
shall be preserved to the greatest extent possible.
(8)
Artificial landscape materials shall not be used in place of
live trees, shrubs and vegetative ground cover.
(9)
All trees to be planted shall have a trunk diameter of at least
one inch as measured one foot above the ground.
(10)
Ground cover shall be spaced to allow for complete fill-in within
one year of the date of planting.
(11)
Adequate soil preparation in accord with accepted landscape
industry practices shall be required.
(12)
All landscaping shall be maintained in good growing condition
by the property owner and free of weeds, debris and brush.
E.
Operations and storage. All facilities and operations of any principal
use (with the exception of nurseries, agriculture and the display
for sales purposes of new or used cars, motorcycles, trucks, trailers,
vehicles, or farm equipment, in operative condition or other similar
uses), including the storage of raw material, finished products, fuel,
machinery and equipment and any other materials or supplies, shall
be enclosed and conducted within a building except as follows:
(1)
Sales area. One outdoor sales area meeting the required setbacks
for the district shall be permitted not to exceed the lesser of 10%
of the interior retail sales space or 500 square feet.
(2)
Conditional use/special exception.
(a)
Outdoor storage for other uses may be approved as a conditional
use for a use listed as a conditional use by the Schedule of Uses
and as a special exception for a use listed as a special exception.
(b)
In the case of a use listed as a principal permitted use by
the Schedule of Uses, outdoor storage shall be considered a conditional
use.
(c)
Larger setbacks and/or buffers to afford protection to adjoining
uses and any public road rights-of-way may be required.
(3)
Minimum setback. Unenclosed uses and activities shall, in any
case, be a minimum of 100 feet from any existing residential structure
or any R Residential, unless a greater setback is required by the
Township.
(4)
Storage in setback and parking areas. Storage of equipment,
supplies, products or any other materials shall not be permitted in
any required setback or parking areas.
(5)
Vehicles, trailers, containers. Storage of materials, supplies or products in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted. In the C and I Districts, trailers, painted one color without advertising and maintained in good condition, may be used as accessory structures, provided all wheels and axles are removed, the trailers are erected and maintained as structures, and are screened from view from adjoining properties in accord with § 400-702C. Trailers, painted one color without advertising and maintained in good condition, shall be permitted for storage for a temporary period on the site of an ongoing construction project. The placement of said trailers shall be for a specified time as stated in the required permit from the Township, shall meet the setback requirements of this chapter and shall not be used for the storage of any flammable or hazardous material except in accord with applicable state and federal regulations.
F.
Fire and explosion hazards. All activities involving any manufacturing,
production, storage transfer or disposal of inflammable and explosive
materials shall be provided with adequate safety devices against the
hazard of fire and explosion, and adequate firefighting and fire suppression
equipment and devices standard in the industry shall be required.
Burning of waste materials in open fires is prohibited. The relevant
provisions of federal, state and local laws and regulations shall
also apply. Details of the potential hazards and details of planned
safety and accident response actions shall be provide by the developer
for review by the local fire company(s). In the case of conditional
uses and special exceptions, larger setbacks, additional buffer areas
or fencing may be required by the Township if the nature of the proposed
use, as determined by the Township, so requires.
G.
Radioactivity or electric disturbance. No activities shall be permitted
which emit dangerous radioactivity, electrical disturbance or electromagnetic
radiation adversely affecting the operation of any person or any equipment
other than that of the creator of such disturbance. All applicable
federal regulations shall apply.
H.
Noise.
(1)
A-WEIGHTED NOISE LEVEL (DBA)
AMBIENT NOISE LEVEL
EQUIVALENT NOISE LEVEL (LEQ)
NOISE SOURCE
SUSPECT SOURCE
Definitions. As used in this section, the following terms shall
have the meanings indicated:
A measure of sound pressure in decibels with the sound pressure
scale adjusted to conform with the frequency response of the human
ear. A sound level meter that measures A-weighted decibels, designated
as dBA, has an electrical circuit that allows the meter to have the
same sensitivity to sound at different frequencies as the average
human ear (2007, Australian Academy of Science).
The average A-weighted noise level (Leq) at any specified
point which is representative of the noise level of that environment
over an extended period of time. It is a composite of all sounds from
sources both near and far.
The dBA level of a steady state sound which has the same
dBA weighted sound energy as that contained in the actual time-varying
sound being measured over a specific time period (2003, Eilar Associates,
Encinitas, CA).
A single piece of equipment, or a collection of equipment
under the control and operation of a single entity (e.g., a wind farm),
that produces noise as a consequence of its operation. A collection
of equipment may not necessarily be connected or related, if they
may be operated simultaneously.
A noise source that may be in violation of this § 400-702H, identified by the nature of sounds or a correlation with the times of operation and the alleged violation.
(2)
Limits.
(a)
Ambient noise level threshold.
[1]
No noise source shall produce an A-weighted noise level at any
point in the Township outside the boundaries of the property on which
the noise source is located (or in the case of a project considered
a single noise source, the boundaries of the collective project area)
at a level in excess of 10 dBA above the ambient noise level.
[2]
An increase in excess of 10 dBA shall be permitted, provided the owner/operator of the noise source acquires a noise easement in form and content approved by the Township (solely with respect to the noise easement) from the affected property owner which establishes the maximum increase. However, no increase shall be permitted for properties separated by any public road right-of-way, and in no case shall the maximum noise level exceed the level established by § 400-702H(2)(c).
(b)
Ambient noise level. For projects being developed, the ambient noise level for the entire project may be established prior to construction of such project for the duration of construction and operation of such project by measuring the noise level near the boundaries of the property on which the project is to be constructed in accordance with § 400-702H(3) below for a continuous two-week period no more than two years prior to the start of construction of such project.
|
Maximum Sound Levels
| |||||
|---|---|---|---|---|---|
|
Period
|
Receiving Land Limits (dBA)
| ||||
|
Existing Dwelling
|
Zoning District
| ||||
|
RR, R-1, R-2
|
R-3
|
C
|
I
| ||
|
Monday through Saturday, 7:00 a.m. through 9:00 p.m.
|
60
|
60
|
60
|
65
|
70
|
|
Saturday, 9:00 p.m. through Monday, 7:00 a.m.; Monday through
Friday, 9:00 p.m. - 7:00 a.m.
|
50
|
50
|
55
|
60
|
70
|
(c)
Maximum noise level. Notwithstanding any of the foregoing provisions of this § 400-702H(2), in no event shall a noise source produce an A-weighted noise level outside the boundaries of the property on which the noise source is located (or in the case of a project considered a single noise source, the boundaries of the collective project area) at a level in excess of the limits established in the Maximum Sound Levels Table.
(3)
Measurements.
(a)
Type and certification. All noise level measurements shall be
made using a sound level meter meeting American National Standard
Specification for Sound Level Meters (ANSI S1.4-1983 (R2001)/ANSI
S1.4A-1985 or the current revision of that standard) for Type 1 instruments.
The instrument shall have been laboratory recertified according to
the manufacturer's directions within the periodicity required by the
manufacturer (usually one- or two-year interval) prior to the measurements.
(b)
Methods. All measurements shall be taken using the FAST response
time and A-weighting.
(c)
Field calibration. A field calibration check, using a certified
field calibrator, shall be performed at the beginning and end of the
measurement period and reported with the other data.
(d)
Proposed projects.
[1]
For projects establishing an ambient noise level for the project
prior to the approval of such project, the average A-weighted noise
level (Leq) shall be measured at multiple points near the outside
boundaries of the property on which the project is to be constructed
for a continuous two-week period no more than one year to the start
of construction of such project.
[2]
Measurements should be attempted to be performed near outside
boundaries which are closest in proximity to where the noise source
will be located and/or where noise is reasonably expected to be the
loudest.
[3]
The measurements must be made by an independent professional
using the commonly accepted measurement procedures specified in ANSI/ASA
S1.13-2005 (R2010) standard "American National Standard Methods for
the Measurement of Sound Pressure Levels in Air."
(4)
Investigation of complaints.
(a)
Initial determination.
[1]
In the event a complaint is received regarding a suspect source,
the Zoning Officer shall first determine that the complaint is valid
by visiting the site of the complaint and the site of the suspect
source.
[2]
If the nature of the sound at the site of the complaint is not
similar to the nature of the sound produced by the suspect source,
and if the subjective noise levels do not correlate with the operation
of the suspect source, then the Zoning Officer shall file a report
noting those observations, and shall notify the complainant and the
owner/operator of the suspect source that the complaint has not been
validated.
(b)
Test date.
[1]
If, by the nature of the sound, or correlation with the operation
of the suspect source, the Zoning Officer determines a complaint to
potentially be valid, the Zoning Officer shall make a reasonable effort
to arrange a date and time with the complainant and the owner/operator
of the suspect source to conduct a test.
[2]
The test should be close to the time of day and day of week
of the complaint, but shall not represent an unreasonable burden on
the complainant or the owner/operator of the suspect source.
(c)
Background noise level.
[1]
The Zoning Officer shall conduct an average background A-weighted
noise level measurement before and after the operation of the suspect
source using commonly accepted measurement equipment and standards;
provided that, at the election of the owner/operator, the owner/operator
may engage an independent professional to conduct such measurements
mutually agreed to by the Township, at the cost of the owner/operator.
[2]
At the direction of the Zoning Officer, the owner/operator of
the suspect source shall operate the equipment according to normal
operating procedures according to design limits, or the maximum approved
limits of the conditional use approval, whichever is lower, for the
duration of the test.
[3]
The owner/operator may be required to operate the equipment
in any mode or for any use that the equipment is normally or occasionally
used. The owner/operator shall not be required to operate the equipment
in any manner inconsistent with the design or normal use, nor in any
unsafe manner.
(d)
Average background A-weighted noise level.
[1]
An average background A-weighted noise level shall be measured
without the suspect source in operation. The atmospheric conditions
at the time of measurement shall be as near the atmospheric conditions
reported at the time of the complaint (wind direction and speed, temperature,
temperature gradient, etc.).
[2]
Background activities shall be representative of those expected
in the environment for the time of day and day of the week.
[3]
Measurements of the average background A-weighted noise level
shall be made for the length of time the suspect source will be in
operation, but need not be any longer than 15 minutes. If manual measurements
are being taken, the measurements shall be recorded every 15 seconds.
If an automatic recording device is being used, the recording interval
shall be one second, or the closest fixed or variable interval allowed
by the meter and recording equipment.
(e)
Measurements.
[1]
Measurements of the average A-weighted noise level (Leq) with
the suspect source in operation shall be conducted as soon as possible
after obtaining the background noise level measurements without the
suspect source in operation and shall be made for the length of time
the source will normally be in operation, but in any case shall not
be less than five minutes and need not be any longer than 15 minutes.
[2]
If manual measurements are being taken, the measurements shall
be recorded every 15 seconds. If an automatic recording device is
being used, the recording interval shall be one second, or the closest
fixed or variable interval allowed by the meter and recording equipment.
[3]
The equation for deducing the A-weighted noise level (Leq) being
produced by the suspect source (Ls) shall be as set forth below where
L1 equals the measured average A-weighted noise level (Leq) of the
background without the suspect source in operation and L2 equals the
measured average A-weighted noise level (Leq) of the background with
the suspect source in operation. Basically, Ls equals L2 minus L1
as shown in log notation below, which is the basis for decibel calculations.
 |
(5)
Report. After completion of the background noise level measurements
before and after the operation of the suspect source, the report of
the Zoning Officer (or the independent professional, if engaged by
the owner/operator of the suspect source) shall include:
(a)
The instrument manufacturer, model, type, serial number, and
laboratory recertification date of the sound level meter and the field
calibrator.
(b)
The level of the field calibration after making any adjustment
of the sound level meter.
(c)
The location of the noise level measurements, by latitude and
longitude or by other descriptive terms, that would allow someone
unfamiliar with the complaint to locate, unambiguously, the measurement
point on the ground or on a map.
(d)
The location of the suspect source by latitude and longitude
or by other descriptive terms that would allow someone unfamiliar
with the complaint to locate, unambiguously, the measurement point
on the ground or on a map.
(e)
A description of the suspect source in operation sufficient
to allow someone to recreate the conditions of the test.
(f)
The weather conditions at the time of measurement, including
temperature, relative humidity, wind speed and direction, cloud cover,
and an impression of the temperature gradient.
(g)
The time at which noise level measurements were started and
stopped.
(h)
The time at which the operation of the suspect source was started
and stopped, and when measurements were started and stopped.
(j)
For automatic measurements:
[1]
A notation of the time the instrument was started and the time
stopped.
[2]
The reported A-weighted noise level.
[3]
If the instrument can report each data point, an electronic
form of the data, including each measurement time and level, and a
description of the data format shall be retained as a supplement to
the report.
[4]
A calibration mark using the field calibrator.
(k)
A list of witnesses or other persons present during the measurements.
(l)
Any additional comments from the complainant, witnesses or the
operator/owner of the suspect equipment or sources.
(6)
Studies for proposed use.
(a)
Compliance with standards. Applicants for a specific proposed use shall be required to demonstrate that the proposed use will not violate the standards in this § 400-702H by providing reasonable documentary evidence, which may include:
[1]
Engineering studies which estimate the environmental noise levels
from the proposed equipment operations and the impact of mitigation
measures applied to the equipment and/or site; and/or
[2]
Environmental noise measurements from similar operations and
sites (same number and types of equipment, comparable topography and
prevailing weather conditions).
(b)
Loudspeakers. The applicant shall provide specifications for
any proposed exterior loudspeakers and detail how compliance will
be attained.
(c)
Conditions. Given the inherent vagaries of acoustic predictions
and the variability of acoustic measurements, the Board of Supervisors
may apply conditions which are more conservative than would be indicated
by the studies. In any case, the acceptance of proposed control or
mitigation measures does not relieve the applicant from complying
with the standards provided in this article and/or a conditional use
approval.
(7)
Exceptions. The standards in this § 400-702H do not apply to:
(a)
Radiated noise levels for vehicles or other operations subject
to state or federal preemption.
(b)
The operation of lawn mowers, leaf blowers, string trimmers,
chain saws, and other small yard maintenance equipment between sunrise
and sunset.
(c)
Emergency equipment and signals.
(d)
Emergency operations of any kind, including, but not limited
to, road repairs, utility repairs, response to accidents, injuries,
fires, flooding, or hazardous material spills.
(e)
Short duration activities, such as construction or repair of
facilities or infrastructure.
(f)
Discharge of firearms.
I.
Vibration. Operating or permitting the operations of any device that
creates vibration which is above the vibration perception threshold
of an individual at or beyond the property boundary of the source
if on private property or at 50 feet from the source if on a public
space or public right-of-way shall be prohibited. For the purposes
of this section, "vibration perception threshold" means the minimum
ground-or- structure-borne vibrational motion necessary to cause a
normal person to be aware of the vibration by such direct means as,
but not limited to, sensation by touch or visual observation of moving
objects.
J.
Lighting and glare. The standards of this § 400-702J shall also apply to residential and agricultural uses. Lighting shall be controlled in both height and intensity to maintain community character; and lighting design should be an inherent part of the project design. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site. Any proposal which is considered a land development as defined by Chapter 345, Subdivision and Land Development, shall be governed by the lighting and glare standards in that chapter. Following the establishment of any land development, the ongoing operation and maintenance of the lighting facilities shall comply with the requirements of this § 400-702J, and violations shall be subject to the enforcement provisions of this chapter.
(1)
Purpose. To set standards for outdoor lighting to:
(a)
Provide for and control lighting in outdoor places where public
health, safety and welfare are potential concerns;
(b)
Protect drivers and pedestrians from the glare of nonvehicular
light sources;
(c)
Protect neighbors, the environment and the night sky from nuisance
glare and light trespass from improperly selected, placed, aimed,
applied, maintained or shielded light sources; and
(d)
Promote energy-efficient lighting design and operation.
(2)
Applicability.
(a)
This § 400-702J shall apply to all uses within the Township where there is exterior lighting that is viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.
(b)
Exemptions. The following lighting applications are exempt from the requirements of this § 400-702J:
[1]
Lighting within public right-of-way or easement for the principal
purpose of illuminating streets or roads. No exemption shall apply
to any lighting within the public right-of-way or easement when the
purpose of the luminaire is to illuminate areas outside the public
right-of-way or easement.
[2]
Lighting for public monuments and statuary.
[3]
Underwater lighting in swimming pools and other water features.
[4]
Low-voltage landscape lighting.
[5]
Repairs to existing luminaires not exceeding 25% of the number
of total installed luminaires.
[6]
Temporary lighting for theatrical, television, performance areas
and construction sites.
[7]
Temporary lighting and seasonal decorative lighting, provided
that individual lamps are less than 10 watts and 70 lumens.
[8]
Emergency lighting, as may be required by any public agency
while engaged in the performance of their duties, or for illumination
of the path of egress during an emergency.
(3)
Standards.
(a)
Illumination levels. Lighting shall have illuminances, uniformities
and glare control in accord with the recommended practices of the
Illuminating Engineering Society of North America (IESNA) unless otherwise
directed by the Township.
(b)
Luminaire design.
[1]
Horizontal surfaces.
[a]
For the lighting of predominantly horizontal surfaces,
such as, but not limited to, parking areas, roadways, culs-de-sac,
vehicular and pedestrian passage areas, merchandising and storage
areas, automotive-fuel-dispensing facilities, automotive sales areas,
loading docks, active and passive recreational areas, building entrances,
sidewalks, bicycle and pedestrian paths, and site entrances, luminaires
shall be aimed straight down and shall meet IESNA full-cutoff criteria.
[b]
Luminaires with an aggregate rated lamp output
not exceeding 500 lumens, e.g., the rated output of a standard nondirectional
forty-watt incandescent or ten-watt compact fluorescent lamp, are
exempt from the requirements of this subsection. In the case of decorative
streetlighting, luminaires that are fully shielded or comply with
IESNA cutoff criteria may be used.
[2]
Nonhorizontal surfaces.
[a]
For the lighting of predominantly nonhorizontal
surfaces, such as, but not limited to, facades, landscaping, signs,
billboards, fountains, displays and statuary, when their use is specifically
permitted by the Township, luminaires shall be shielded and shall
be installed and aimed so as to not project their output into the
windows of neighboring residences, adjacent uses, past the object
being illuminated, skyward or onto a public roadway.
[b]
Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional forty-watt incandescent or ten-watt compact fluorescent lamp, are exempt from the requirements of this § 400-702J(3)(b)[2].
(c)
Control of glare.
[1]
All lighting shall be aimed, located, designed, fitted and maintained
so as not to present a hazard to drivers or pedestrians by impairing
their ability to safely traverse and so as not to create a nuisance
by projecting or reflecting objectionable light onto a neighboring
use or property.
[2]
Directional luminaires such as floodlights and spotlights shall
be so shielded, installed and aimed that they do not project their
output into the windows of neighboring residences, adjacent uses,
past the object being illuminated, skyward or onto a public roadway
or pedestrianway. Floodlights installed above grade on residential
properties, except when motion-sensor actuated, shall not be aimed
out more than 45° from straight down. When a floodlight creates
glare as viewed from an adjacent residential property, the floodlight
shall be required to be re-aimed and/or fitted with a shielding device
to block the view of the glare source from that property.
[3]
Barn lights, aka dusk-to-dawn lights, when a source of glare
as viewed from an adjacent property, shall not be permitted unless
effectively shielded as viewed from that property.
[4]
Parking facility and vehicular and pedestrianway lighting (except
for safety and security applications and all-night business operations),
for commercial, industrial and institutional uses, shall be extinguished
after the close of business or facility operation. When safety or
security lighting is proposed for after-hours illumination, it shall
not be in excess of 25% of the number of luminaires or illumination
level required or permitted for illumination during regular business
hours. When it can be demonstrated to the satisfaction of the Township
that an elevated security risk exists, e.g., a history of relevant
crime, an appropriate increase above the 25% limit may be permitted
as a conditional use.
[5]
Luminaires shall be automatically controlled through the use of a programmable controller with battery power-outage reset, which accommodates daily and weekly variations in operating hours, annual time changes and seasonal variations in hours of darkness. The use of photocells is permitted when in combination with the programmable controller to turn luminaires on at dusk and also for all-night safety/security dusk-to-dawn luminaire operation when such lighting is specifically approved by the Township in accord with § 400-702J(3)(c)[4]. The use of motion detectors is permitted.
[6]
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff luminaires, shields
and baffles, and appropriate application of luminaire mounting height,
wattage, aiming angle and luminaire placement.
[7]
Light spillover.
[a]
Residential. The illumination projected from any
use onto a residential use or permanent open space shall at no time
exceed 0.1 initial footcandle, measured line-of-sight at any time
and from any point on the receiving residential property. This shall
include glare from digital or other illuminated signs.
[b]
Nonresidential. The illumination projected from
any property onto a nonresidential use shall at no time exceed one
initial footcandle, measured line-of-sight from any point on the receiving
property.
[8]
Height. Except as permitted for certain recreational lighting and permitted elsewhere in this subsection, luminaires shall not be mounted in excess of 20 feet above finished grade (AFG) of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically permitted by the Township, shall not be mounted in excess of 16 feet AFG. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the Township may, at its discretion, based partially on mitigation of potential off-site impacts, permit a luminaire mounting height not to exceed 25 feet AFG. For maximum mounting height of recreational lighting, see § 400-702J(4).
[9]
The United States, state and other official flags may be illuminated
from dusk to dawn. All other flags shall not be illuminated past 11:00
p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens
per flagpole. The light source shall have a beam spread no greater
than necessary to illuminate the flag.
[10]
Under-canopy lighting for such applications as
gas/service stations, hotel/theater marquees, fast-food/bank/drugstore
drive-ups, shall be accomplished using flat-lens full-cutoff luminaires
aimed straight down and shielded in such a manner that the lowest
opaque edge of the luminaire shall be below the light source and its
light-directing surfaces, at all lateral angles around the luminaire.
The average illumination intensity in the area directly below the
canopy shall not exceed 20 maintained footcandles, and the maximum
density shall not exceed 30 initial footcandles.
[11]
Soffit lighting around building exteriors shall
not exceed 15 initial footcandles.
[12]
The use of white strobe lighting for tall structures
such as smokestacks, chimneys and radio/communications towers is prohibited
during hours of darkness except as required by the Federal Aviation
Administration.
(d)
Installation.
[1]
Electrical feeds for lighting standards shall be run underground,
not overhead, and shall be in accord with the National Electric Code
(NEC) Handbook.
[2]
Poles supporting luminaires for the illumination of parking
areas and located within the parking area or directly behind parking
spaces, or where they could be hit by snow plows or wide-swinging
vehicles, shall be protected by being placed a minimum of five feet
outside paved area or tire stops, or placed on concrete pedestals
at least 30 inches high above the pavement, shielded by steel bollards
or protected by other effective means.
[3]
Pole-mounted luminaires for lighting horizontal surfaces shall
be aimed straight down and poles shall be plumb.
[4]
Poles and brackets for supporting luminaires shall be those
specifically manufactured for that purpose and shall be designed and
rated for the luminaire and mounting accessory weights and wind loads
involved.
[5]
Pole foundations shall be designed consistent with manufacturer's
wind load requirements and local soil conditions involved.
(e)
Maintenance. Luminaires and ancillary equipment shall be maintained
so as to meet the requirements of this chapter.
(f)
Billboards and signs. The lighting of new or relighting of existing
billboards and signs shall require a permit, which shall be granted
when the Zoning Officer is satisfied that excessive illumination,
light pollution, glare and light trespass have been adequately mitigated,
and shall be subject to the following requirements:
[1]
Externally illuminated billboards and signs shall have luminaires
mounted at the top of the billboard or sign and aimed downward. The
luminaires shall be designed, fitted and aimed to shield the lamp
and its reflective surfaces from off-site view and to place the light
output onto and not beyond the sign or billboard. Lighting shall be
by linear fluorescent unless it can be demonstrated to the satisfaction
of the Township that such a mounting arrangement is not possible.
At no point on the face of the sign or billboard and at no time shall
the illumination exceed 30 vertical footcandles during hours of darkness.
[2]
Internally illuminated signs shall have a dark field and light
message. The aggregate output of the light sources shall not exceed
500 initial lumens per square foot of sign face per side.
[4]
The illumination of a billboard within 400 feet of a residential
use shall not be permitted.
[5]
Rotating, traveling, pulsing, flashing or oscillating light
sources, lasers, beacons, searchlights or strobe lighting shall not
be permitted.
[6]
The use of highly reflective signs that create nuisance glare
or a safety hazard shall not be permitted.
(4)
Recreational uses. The nighttime illumination of outdoor recreational
facilities for such sports as baseball, basketball, soccer, tennis,
track and field, and football typically necessitate higher than normally
permitted luminaire mounting heights and aiming angles, utilize very
high-wattage lamps and potentially produce unacceptable levels of
light trespass and glare when located near residential properties.
Permission to illuminate such facilities shall be granted only when
the Township is satisfied that the health, safety and welfare rights
of nearby property owners and the Township as a whole have been properly
protected. When recreational uses are specifically permitted by the
Township for operation during hours of darkness, the following requirements
shall apply:
(a)
Race tracks and such recreational venues as golf driving ranges and trap-shooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination, may be permitted by conditional use. A visual impact analysis shall be required in accord with § 400-702J(4)(f).
(b)
A proposed illuminated recreational facility located within
a RR or R-1 District or sited on a nonresidential property located
within 1,000 feet of a property in a RR or R-1 District shall be considered
a conditional use.
(c)
Sporting events shall be timed to end at such time that all
lighting in the sports facility, other than lighting for safe exit
of patrons, shall be extinguished by 10:00 p.m. except in the occurrence
of extra innings, overtimes or make-up games.
(d)
The Township reserves the right to limit the number of illuminated
sporting events per week or season.
(e)
Maximum mounting heights for recreational lighting shall be
in accordance with the following:
(f)
Visual impact plan. To assist the Township in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required by § 400-702J(5), but also by a visual impact plan that contains the following:
[1]
Plan views containing a layout of the recreational facility
and showing pole locations and the location of residences on adjoining
properties.
[2]
Elevations containing pole and luminaire mounting heights, horizontal
and vertical aiming angles and luminaire arrays for each pole location.
[3]
Elevations containing initial vertical illuminance plots at
the boundary of the site, taken at a height of five-foot line-of-sight.
[4]
Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of § 400-702J(3)(c).
[5]
Proposed frequency of use of the facility during hours of darkness
on a month-by-month basis and proposed time when the sports lighting
will be extinguished.
[6]
A narrative describing the measures proposed to achieve minimum
off-site disturbance.
(5)
Plan submission. Lighting plans shall be submitted for Township
review and approval for subdivision and land development, conditional
use, variance, zoning permit and special exception applications. The
submitted information shall include the following:
(a)
A plan or plans of the site, complete with all structures, parking
spaces, building entrances, traffic areas (both vehicular and pedestrian),
existing and proposed trees, and adjacent uses that might be adversely
impacted by the lighting. The lighting plan shall contain a layout
of all proposed and existing luminaires, including but not limited
to area, architectural, building entrance, canopy, soffit, landscape,
flags and signs, by location, orientation, aiming direction, mounting
height, lamp, photometry and type.
(b)
A ten-foot-by-ten-foot illuminance grid (point-by-point) plot
of maintained horizontal footcandles overlaid on the site plan, plotted
out to 0.0 footcandle, which demonstrates compliance with the light
trespass, illuminance and uniformity requirements as set forth in
this chapter. When the scale of the plan, as judged by the Township,
makes a ten-foot-by-ten-foot grid plot illegible, a more legible grid
spacing may be permitted.
(c)
Light-loss factors, IES candela test-filename, initial lamp-lumen
ratings and specific lamp manufacturer's lamp ordering nomenclature,
used in calculating the plotted illuminance levels.
(d)
Description of the proposed equipment, including luminaire catalog
cuts, photometrics, glare-reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details, pole protection
means and mounting methods.
(e)
Landscaping plans shall contain luminaire locations, demonstrating
that the site lighting and landscaping have been coordinated to minimize
conflict between vegetation and intended light distribution, both
initially and at vegetation maturity.
(f)
When requested by the Township for conditional uses or special exceptions, the applicant shall also submit a visual impact plan in accord with § 400-702J(4)(f).
(g)
Plan notes. The following notes shall appear on the lighting
plan:
[1]
Post-approval alterations to lighting plans or intended substitutions
for specified lighting equipment on the approved plan shall be submitted
to the Township for review and approval prior to installation. Requests
for substitutions shall be accompanied by catalog cuts of the proposed
equipment that demonstrate the proposed substitution is equal to or
exceeds the optical quality and maintainability of the specified luminaires;
and shall be accompanied by a lighting plan, including a point-by-point
plot, which demonstrates that proposed substitutions will result in
a lighting design that equals or exceeds the quality of the approved
plan.
[2]
The Township reserves the right to conduct post-installation
inspections to verify compliance with chapter requirements and approved
lighting plan commitments, and if deemed appropriate by the Township,
to require remedial action at no expense to the Township.
[3]
All exterior lighting, including building-mounted lighting,
shall meet IESNA full-cutoff criteria unless otherwise specifically
approved by the Township.
[4]
Installer shall notify Township to arrange for inspection and
approval of all exterior lighting, including building-mounted lighting,
prior to its installation.
(6)
Compliance monitoring.
(a)
Safety hazards. If the Zoning Officer determines that a lighting installation creates a safety hazard, an enforcement proceeding shall be initiated in accord with § 400-1217C.
(b)
Nuisance glare and inadequate illumination levels. If the Zoning Officer determines that a lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from the requirements of this chapter, enforcement proceedings shall be initiated in accordance with § 400-1217C.
(7)
Nonconforming lighting. A nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this § 400-702J when:
(a)
It is deemed by the Zoning Officer to create a safety hazard;
(b)
It is replaced, abandoned or relocated;
(c)
There is a change in use; or
(d)
Minor corrective action is deemed appropriate by the Zoning
Officer to bring the fixture or installation into conformance with
the requirements of this chapter. Minor corrective action shall be
defined as having a cost not to exceed 25% of the cost of the replacement
of the fixture or installation.
(8)
ARCHITECTURAL LIGHTING
FOOTCANDLE
FULL CUTOFF
FULLY SHIELDED
GLARE
IESNA
LAMP
LED
LIGHT TRESPASS
LIGHTING SYSTEM
LUMEN
LUMINAIRE
LUMINAIRE, SHIELDED DIRECTIONAL
Definitions. Words and phrases used in this § 400-702J shall have the meanings set forth in this § 400-702J. Words and phrases not defined in this § 400-702J but defined in Article III shall be given the meanings set forth in said article. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
Lighting designed to reveal architectural beauty, shape and/or
form and for which lighting for any other purpose is incidental.
The amount of illumination the inside surface of a one-foot-radius
sphere would receive if there were a uniform point source of one candela
in the exact center of the sphere. The footcandle is equal to one
lumen per square foot and is measurable with an illuminance meter
(light meter).
Attribute of a luminaire from which no light is emitted at
or above a horizontal plane drawn through the lowest light-emitting
portion of the luminaire and no more than 10% of the lamp's intensity
is emitted at or above an angle 10° below that horizontal plane
at all lateral angles around the luminaire. A full-cutoff luminaire,
by definition, also is fully shielded.
A luminaire with opaque top and sides, capable of emitting
light only in the lower photometric hemisphere as installed.
Light entering the eye directly from luminaires or indirectly
from reflective surfaces that causes visual discomfort or loss in
visual performance and visibility.
Illuminating Engineering Society of North America.
A generic term for a source of optical radiation, often called
a "bulb" or "tube."
Light-emitting diode.
Light emitted by a luminaire or installation, which is cast
beyond the boundaries of the property on which the lighting installation
is sited.
On a site, all exterior electric lighting and controls.
As used in the context of this chapter, the light-output
rating of a lamp (light bulb).
The complete lighting unit (fixture), consisting of a lamp,
or lamps and ballast(s) when applicable, together with the parts designed
to distribute the light (reflector lens, diffuser) to position and
protect the lamps, and to connect the lamps to the power supply.
A fully shielded luminaire with an adjustable mounting device
allowing aiming in a direction other than straight downward.
K.
Odors. No emission shall be permitted of odorous gases or other odorous
matter except in full compliance with Pennsylvania Department of Environmental
Protection requirements.
L.
Other forms of air pollution. No emission of fly ash, dust, fumes,
vapors, gases and other forms of air pollution shall be permitted
except in full compliance with Pennsylvania Department of Environmental
Protection requirements.
M.
Surface and groundwater protection. All activities involving the
possible contamination of surface or groundwater shall be provided
with adequate safety devices to prevent such contamination. In cases
where any earth disturbance will result in the excavation of bedrock,
the Township may require the applicant to submit a report from a qualified
engineer or geologist detailing the geologic structure of the area
proposed to be disturbed and identifying the probable impacts on groundwater
supply and quality. Details of the potential hazards (including the
groundwater characteristics of the area in which the use is proposed)
and details of planned safety devices and contamination response actions
shall be provided by the developer. The Township may require a plan
to be submitted for review and approval and may require security for
insuring contamination response. Monitoring wells and water quality
testing may also be required by the Township. The developer shall
also provide details about the use of groundwater and any processes
that could result in the depletion of groundwater supplies. No use
shall be permitted which would result in the depletion of ground water
supplies. In cases where the use is of such a nature that large volumes
of groundwater are required, the developer shall provide appropriate
hydrogeologic studies which clearly establish that the proposed use
will not cause a reduction in the quantity or the quality of groundwater
supplies available to other properties located within 1,000 feet of
any portion of the property where the proposed use will be located.
N.
Stormwater management and soil erosion and sedimentation control.
[Amended 2-27-2017 by Ord. No. 2017-02]
(1)
For all new construction, a stormwater management plan shall be required and shall be submitted for review and approval. Said plan shall be prepared and implemented pursuant to the standards contained in Chapter 345, Subdivision and Land Development, or other applicable Township regulations and Monroe County Conservation District standards, and shall be based on generally accepted engineering principles appropriate for the proposed use.
(2)
The protection of the quality of groundwater and surface water
shall be an integral part of all proposed stormwater management practices,
and all stormwater management plans shall include an element specifically
addressing water quality. The plan shall be provide for the minimization
of the discharge of "first flush" sediments off the project site or
directly to infiltration structures. Containment of "first flush"
sediments shall be accomplished by accepted and proven engineering
design and practice, including but not limited to the use of grass
buffer/filter strips, grass swales, detention basins, sediment traps
and special inlet devices.
(4)
A soil erosion and sedimentation control plan shall be prepared
and followed, and shall be available at the site, in accordance with
the requirements of 25 Pa. Code Chapter 102, for all earth disturbances,
and shall be submitted to the Monroe County Conservation District
for review and approval if required by Chapter 102.
(5)
No new point of concentrated stormwater runoff onto an adjacent
property shall be created unless a drainage easement or waiver is
obtained from the owner(s) of the affected property(ies).
(6)
No discharge of stormwater runoff into the right-of-way of a
public street shall be created without the approval of Polk Township
for a Township street, or of PennDOT for a state street.
(7)
No concentrated discharge of a sump pump or similar discharge
of stormwater or groundwater shall be directed onto an adjacent property
or into the right-of-way of a public street without approval.
(8)
Exemptions. The following situations shall be exempt from the requirements of § 400-702N(1) and (2), above:
(a)
Properties which are subject to a stormwater management plan
as part of a subdivision which has an approved stormwater management
system, if the proposed construction is consistent with the approved
stormwater management plan.
(b)
Properties which are subject to an individual stormwater management plan which has been approved under Chapter 345, Subdivision and Land Development, if the proposed construction is consistent with the approved individual stormwater management plan.
(c)
Properties which contain 10 or more acres, if the proposed construction
will not result in stormwater runoff directed as concentrated runoff
toward any adjacent property or road.
(d)
Projects which involve a proposed building or buildings with
a total ground floor area (footprint) of less than 2,000 square feet,
subject to the following conditions:
[1]
Stormwater runoff from the building roof(s) shall not be directed
as concentrated runoff toward any adjacent property or road.
[2]
Associated impervious/semi-impervious areas shall not exceed
5,000 square feet, and the stormwater runoff from these areas shall
not be directed as concentrated runoff toward any adjacent property
or road.
(e)
Projects which involve a proposed building or buildings with
a total ground floor area (footprint) of 2,000 square feet, or more,
subject to the following conditions:
[1]
The stormwater runoff from the roofs shall be collected and
directed into a subsurface infiltration area which shall be sized
so that it has an available storage volume equal to or greater than
the volume of water resulting from a rainfall depth of 2.5 inches
over the total roof area. The Zoning Officer must be provided with
details and calculations sufficient to demonstrate that the subsurface
infiltration will contain the required volume.
[2]
Construction of the collection system and subsurface infiltration
area must conform to current standard construction practices.
[3]
Associated impervious/semi-impervious areas shall not exceed
5,000 square feet, and the stormwater runoff from these areas shall
not be directed as concentrated runoff toward any adjacent property
or road.
O.
Waste materials. No liquid, solid, toxic or hazardous waste shall
be stored or disposed in any commercial, residential or other area,
either above or below ground level, except for the temporary storage
thereof pending removal from the premises. Such temporary storage
and handling of waste shall be in a designated area and shall be conducted
in compliance with all applicable state and federal regulations in
order to prevent any water, soil or air contamination and shall be
screened from view of adjoining properties and any public road right-of-way
by fencing or other buffers. In addition, no waste discharge is permitted
into any reservoir, sewage or stormwater disposal system, stream,
open body of water or onto the ground. All waste materials shall be
disposed of only in accord with all applicable state and federal regulations
and applications for any use which results in waste materials regulated
by the state or federal government shall include a list of all such
wastes and the method of temporary storage, handling and disposal.
P.
Handicapped access. Access for handicapped persons to all uses shall
be provided in accord with all applicable state and federal requirements.
Q.
Settling and/or storage ponds and reservoirs. All ponds, reservoirs
or other such storage facilities which are associated with any manufacturing
or industrial process, or any sewage or waste disposal process shall
be fenced or shall otherwise be physically controlled to prevent access
by the public. Said fence shall be not less than four feet high and
of a design to restrict access to the area to be controlled. Any such
facility which contains any material which is poisonous, toxic or
caustic, shall not be permitted.
R.
Security. In cases where deemed necessary by the Township (detention
facilities and drug treatment centers, for example), the applicant
shall provide a plan addressing security needs to protect the health
and safety of the public as well as the occupants of the proposed
facility. Such plan shall include a description of the specific services
to be offered, type of patients and/or residents to be served, and
the staff to be employed for this purpose. The plan shall identify
the forms of security normally required with care of the type to be
offered and detail the specific measures to be taken in the construction,
development and operation of the facility so as to provide appropriate
security. The plan shall, at a minimum, reasonably restrict unauthorized
entry and/or exit to and from the property and provide for effective
separation from adjoining residences by means of fencing, signs, or
a combination thereof. The plan shall also address measures to ensure
that lighting and noise is controlled, particularly with respect to
loudspeakers or other amplification devices and floodlights.
S.
Water supply. All uses shall be provided with an adequate and safe
water supply, as demonstrated by evidence to be provided by the applicant,
documenting that the siting, density and design of all proposed residential,
commercial, industrial and other developments or uses will assure
the availability of reliable, safe and adequate water supplies to
support the proposed land use(s) within the capacity of available
water resources.
T.
Sewage disposal. Sewage disposal shall be provided by a system meeting
the needs of the proposed use and the requirements of the Township
and the Pennsylvania Department of Environmental Protection. Discharge
to such system shall be limited to normal, domestic and human bodily
wastes unless the treatment system has been specifically designed
to handle other wastes or the wastes are pretreated in accord with
Pennsylvania Department of Environmental Protection or local sewer
authority requirements. No discharge of wastes, by-products or materials
in any way associated with a production process, health care or veterinary
facility medical wastes, funeral home wastes, or other commercial
wastes shall be permitted to any subsurface, land application or other
soil-based sewage disposal system.
U.
Other regulations. The Zoning Officer, Planning Commission, Board
of Supervisors or the Zoning Hearing Board, as the case may be, may
require documentation from the applicant demonstrating that the project
complies with all other applicable local, state and federal regulations,
and said proposal has obtained all required permits, certifications
and authorizations, including but not limited to the Pennsylvania
Department of Transportation, the Pennsylvania Department of Environmental
Protection the Pennsylvania Department of Labor and Industry, the
Federal Emergency Management Agency and the United States Environmental
Protection Agency.
V.
Travel routes. The applicant shall provide a map showing the public
roads proposed to be used to travel to and from the facility and provide
an evaluation of the condition of any Township road which will be
used and the potential damage which may occur from such use.
All commercial, residential and other uses shall provide adequate
waste containers to store waste until disposal and to prevent litter.
A.
Screening. All trash dumpsters shall be screened on three of four
sides (not including the side it is to be emptied from) as needed
to screen the dumpster from view from public streets or dwellings
on abutting lots. A solid wooden fence, brick wall, evergreen plants
or structure designed to be architecturally compatible with the principal
building shall be used for such screening.
B.
Setback from dwellings. Any solid waste container with a capacity
over 15 cubic feet shall be kept a minimum of 15 feet from any property
line.
C.
Food sales. Any use that involves the sale of ready-to-eat food for
consumption outside of a building shall provide at least one outdoor
solid waste receptacle for customer use at a convenient location outside
of the main exit door of the property. The operator of such use shall
be responsible for regular emptying and maintenance of such receptacle.
D.
Enclosed containers. Solid waste receptacles stored outdoors shall
be adequately enclosed and covered to control the attraction of rodent
and insects.
A.
The intent of this § 400-704 is to provide the identification of environmental and community impacts and means of mitigation of impacts of development projects in the Township. The Board of Supervisors, Planning Commission, or Zoning Hearing Board, as the case may be, may, based upon the nature of a project and potential impacts on the Township, require the developer to prepare and submit to the Township an environmental impact statement (EIS) for the following types of developments and uses:
(1)
Industrial parks.
(2)
Industrial uses.
(3)
Junkyards.
(4)
Mineral extraction.
(5)
Mineral processing.
(6)
Agricultural products processing.
(7)
Solid waste facilities and staging areas.
(8)
Warehouses and trucking terminals.
(9)
Concentrated animal feeding operations.
(10)
Any nonresidential use involving the initial or cumulative disturbance
of 87,120 or more square feet of soil surface areas.
(11)
Any nonresidential use involving the initial or cumulative construction,
installation and/or placement of 43,560 square feet or more of buildings,
structures or other impervious surface areas.
B.
The requirements of this § 400-704 may be applied to any other proposed conditional use or special exception, which for reasons of location, design, existing traffic or other community or environmental considerations, as determined by the Township, warrants the application of the study required contained herein in order to determine what conditions should be required to mitigate any adverse effects of the proposed use. The Board of Supervisors, Planning Commission, or Zoning Hearing Board, as the case may be, may waive certain components of the EIS should such components be deemed unnecessary for certain uses.
C.
Purpose of EIS. The purpose of this EIS is to disclose the environmental
consequences of a proposed action for consideration by the Township
for the determination of approval or denial of the project and, if
the project is approved, for the establishment of conditions of approval.
This requirement is made in order to protect the natural environment
with respect to water quality, water supply, soil erosion, pollution
of all kinds, flooding and waste disposal, and to preserve trees and
vegetation, to protect watercourses, air resources and aquifers.
D.
Contents of EIS.
(1)
An environmental impact statement shall include a description
of the proposed use, including location relationship to other projects
or proposals, with adequate data and detail for the Township to assess
the environmental impact. The EIS shall also include a comprehensive
description of the existing environment and the probable future effects
of the proposal. The description shall focus on the elements of the
environment most likely to be affected as well as potential regional
effects and ecological interrelationships.
(2)
At a minimum, the EIS shall include an analysis of the items
listed below regarding the impact of the proposed use and the mitigation
of any such impacts; and said proposal shall comply with all other
standards included in this chapter and other Township ordinances:
(b)
Surface waters.
[1]
Distance of site from nearest surface water and headwaters of
streams.
[2]
Sources of runoff water.
[3]
Rate of runoff from the site.
[4]
Destination of runoff water and method of controlling downstream
effects.
[5]
Chemical additives to runoff water on the site.
[6]
Submission of an erosion and sediment control plan meeting the
requirements of the PA DEP and the Monroe County Conservation District.
(c)
Ground cover, including vegetation and animal life.
(d)
Topographic and geologic.
[1]
Maximum existing elevation of site.
[2]
Minimum existing elevation of site.
[3]
Maximum proposed elevation of site.
[4]
Minimum proposed elevation of site.
[5]
Description of the topography of the site and any special topographic
features, and any proposed changes in topography.
[6]
Surface and subsurface geology.
(g)
Sewage disposal.
[1]
Sewage disposal system (description and location on the site
of system).
[2]
Expected content of the sewage effluent (human waste, pesticides,
detergents, oils, heavy metals, other chemical).
[3]
Expected daily volumes of sewage.
[4]
Affected sewage treatment plant's present capacity and authorized
capacity.
(l)
Critical impact areas. Any area, condition, or feature which
is environmentally sensitive, or which if disturbed during construction
would adversely affect the environment. Critical impact areas include,
but are not limited to, stream corridors, streams, wetlands, slopes
greater than 15%, highly acid or highly erodible soils, areas of high
water table, and mature stands of native vegetation, and aquifer recharge
and discharge areas.
(m)
Historic resources. Identification of structures or sites of
historic significance and probable effect of project.
(n)
Transportation network. Existing network traffic volumes and
capacities and need for improvements required by the project. In the
case of PennDOT roads, a copy of the traffic study required by PennDOT
shall be submitted, and in the case of Township roads, the study shall
be conducted in accord with PennDOT requirements.
(o)
Law enforcement. Existing law enforcement capabilities of the
Township and state, and assessment of the impact of the proposed development
on said law enforcement agencies along with actions proposed to mitigate
any burdens created by the development.
(p)
Community facilities and services. Existing community facilities
and services and how the proposed use will affect those facilities
and services, including projected needs for additional facilities
and services.
(q)
Additional requirements. In addition to the above requirements,
the Planning Commission and/or Township Board of Supervisors or the
Zoning Hearing Board may require such other information as may be
reasonably necessary for the Township to evaluate the proposed use
for its effect on the community.
E.
Additional considerations. The following shall also be addressed:
(1)
A description of alternatives to the proposed use.
(2)
A statement of any adverse impacts which cannot be avoided.
(3)
Environmental protection measures, procedures and schedules
to minimize damage to critical impact areas during and after construction.
(4)
A list of all licenses, permits and other approvals required
by municipal, county or state law and the status of each.
(5)
A listing of steps proposed to minimize environmental damage
to the site and region during and after construction.
F.
Qualifications. The EIS shall be prepared by a professional architect,
landscape architect, planner, engineer or other qualified individual
whose qualifications have been previously approved by the Board of
Supervisors or the Zoning Hearing Board, as the case may be.
G.
Procedures for evaluating the environmental impact statement shall
be as follows:
(1)
Upon receipt of the application, the Township shall forward
the EIS to the Township Engineer and any other agency or firm which
the Township may desire for consultation.
(2)
The above-mentioned agencies shall review the applicant's EIS
and shall report their comments to the Planning Commission and Board
of Supervisors or Zoning Hearing Board.
(3)
The Planning Commission and/or Board of Supervisors or Zoning
Hearing Board may require the opinion of experts in their review of
the EIS.
(5)
Copies of the EIS shall be on file and available for inspection
in the Township office.
(6)
The Planning Commission shall evaluate the proposed project
and the EIS and recommend action on same to the Board of Supervisors
or Zoning Hearing Board.
All uses permitted by this chapter shall be subject to the following
special conservation performance standards, which shall apply to any
lands that are characterized as steep slopes, wetlands or floodplains,
except that these provisions do not apply where the applicant proposes
to join two existing parcels into a single parcel, or to subdivide
a parcel from one parcel and join that with an adjoining tract of
land, and where no new development is proposed on the resulting lots.
The procedures and standards are as follows:
A.
Steep slope areas.
(1)
General requirements. Steep slopes shall be defined as slopes
in excess of 25% grade as determined by the Zoning Officer from United
States Geological Survey topographic maps or USDA NRCS maps. In cases
where the slope cannot be specifically determined by said means, the
Zoning Officer may require the applicant to provide certification
from a qualified professional of the slope in question. Slope shall
be measured at the points where any earth will be disturbed or where
structures or other improvements are proposed. Any use or development
of such steep slope areas shall be considered a conditional use, and
in reviewing applications for use of sites partially or wholly included
within an area identified as steep-sloped, the Board of Supervisors
and Planning Commission shall be satisfied that the following performance
standards have been or will be met:
(a)
An accurate map prepared by a qualified professional has been
submitted showing property boundaries, building and drive locations,
contours at two-foot intervals and any areas to be graded. The proposed
location of other factors shall also be shown including streams, wetlands,
areas subject to landslides and extent of vegetative cover.
(b)
A grading and drainage plan has been prepared showing existing
and proposed ground surfaces, plans for drainage devices, plans for
walls or cribbing, etc., map of the drainage area affected, computation
of the amount of runoff expected, an erosion control plan and schedule
for completion of work.
(c)
No finished grade where fill is used shall exceed a 50% slope.
(d)
Where fill is used to later support structures, a minimum compaction
of 90% of maximum density shall be achieved.
(e)
Soils characterized by the Natural Resources Conservation Service
as highly susceptible to erosion shall be avoided.
(f)
Roads and utilities shall be installed along existing contours
to the greatest extent possible.
(g)
Any steep slope areas also characterized by seasonal high water
tables shall be avoided.
(h)
Removal of, or disturbance to, existing vegetation on the site
shall be minimized. The proposed impacts on existing vegetation shall
be evaluated in terms of the potentially detrimental effects on slope
stability, erosion potential, transpiration and recharge of stormwater,
aesthetic and traditional characteristics of the landscape, and existing
drainage patterns. Mitigation measures may be required by the Board
as it deems appropriate.
(i)
In cases where structures are proposed, the applicant shall
submit plans to the Zoning Officer detailing how the limitations of
slope will be mitigated by the design of the structure(s).
(2)
Residential development.
(a)
Each lot or an area plotted for residential use shall provide,
inside of the required setbacks, an area containing not less than
5,000 square feet for each dwelling unit.
(b)
Such area shall have an average slope no greater than 15% and
shall be accessible from the existing or proposed street by means
of a driveway or private access street having a maximum grade of 12%.
(c)
In the case of lots utilizing an on-site sewage disposal system,
in addition to such area, there shall be sufficient area for the sewage
disposal field, in accordance with Department of Environmental Protection
regulations.
(3)
Nonresidential development.
(a)
Each lot plotted for industrial, manufacturing, commercial or
other nonresidential use shall provide, inside of the required setbacks,
an area at least equal to the projected horizontal area of the proposed
building, plus the additional area required for required parking and
loading.
(b)
This area shall have an average slope no greater than 10% and
shall be accessible from the existing or proposed street by means
of adequately and properly designed service drives having a maximum
grade of 12%.
(c)
In the case of lots using an on-site sewage disposal system,
there shall be sufficient additional area for the sewage disposal
field and for a replacement field in accord with PA DEP regulations.
B.
Buffers for wetlands.
(1)
Identification.
(a)
Delineation. If the Township reasonably anticipates that wetlands
may be present or may be impacted by the proposed development, the
Township may require wetlands, as defined and regulated by the Pennsylvania
Department of Environmental Protection, the United States Army Corps
of Engineers and the United States Fish and Wildlife Service to be
delineated and shown on any application proposing a new use or expanded
use of land.
(b)
Applicant responsibility. The applicant shall be responsible
for said delineation and supply to the Township a written report from
the individual, partnership, corporation or other entity which performed
the wetlands delineation fully describing the methodology used. Notwithstanding
receipt of such delineation and report, the Township may require the
applicant to submit, at no cost to the Township, an additional wetlands
delineation of the site and report as to methodology, from a second
source, for purposes of verification. In the event of discrepancy
between delineations, the applicant shall obtain a jurisdictional
determination.
(c)
Jurisdictional determination. The Township may also require
that the applicant obtain a jurisdictional determination from the
United States Army Corps of Engineers.
(d)
Certification of no wetlands. If no wetlands are present, the
applicant shall provide a certified statement to that effect.
(2)
Wetland buffer required. A buffer of 50 feet in width, measured
perpendicular to and horizontally from the edge of the wetland, shall
be maintained from the edge of all wetlands.
(a)
Unpaved trails and stormwater conveyance facilities required
by the Township shall be permitted.
(b)
Vegetation shall not otherwise be disturbed except for buffer
maintenance and restoration or the correction of hazardous conditions.
(c)
Residential accessory structures, boat docks and accesses, and
tree trimming for lakefront views shall be permitted, provided that
no more than 35% of the buffer area is affected.
(d)
No other earth disturbance, grading, filling, buildings, structures,
new construction, or development shall be permitted.
(3)
Minimum required lot size. See the definition of "lot area,
required minimum" for the required deduction of delineated wetlands.
(4)
Protection. No land shall be disturbed within any required buffer
area except in accord with Township requirements and the required
buffer around the delineated wetland boundary shall be properly fenced
to prevent encroachment. Snow fence or other acceptable material shall
be used (the use of silt fence is not acceptable). The fence shall
be properly installed prior to any site disturbance or issuance of
building permits. The fence must be properly maintained until all
certificates of use have been issued.
(5)
Common area. The Township may require that significant designated
wetlands be retained in a single ownership common area rather than
incorporated as additional area in platted lots to facilitate management
for maintenance of environmental quality. Owners of the wetland mitigation
areas must be clearly identified on the plan.
(6)
Mitigation projects. Compensatory mitigation projects required
as part of federal or state permits shall be shown on plans. Future
lot or common area owners whose property encompasses all or part of
a mitigation area shall be notified that the portion of their property
which includes the mitigation area may not be altered and is considered
a jurisdictional wetland by the federal and state governments.
(7)
State and federal regulations. Any approval under this chapter
shall be conditioned upon compliance with federal and state wetland
regulations. The Board of Supervisors may refuse to approve a plan
for recording or delay the issuance of permits until an applicant
documents such compliance.
(8)
Liability. No zoning approval granted by the Township shall
in any manner be construed to be an approval of compliance by the
applicant with any state or federal wetland regulations, and the Township
shall have no liability or responsibility to the applicant or any
other person for compliance with said regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Lake and pond buffer.
(1)
Lake and pond buffer required. A buffer of 50 feet in width,
measured perpendicular to and horizontally from the edge of the water
body, shall be maintained from the edge of all lakes and ponds.
(a)
Unpaved trails and stormwater conveyance facilities required
by the Township shall be permitted.
(b)
Vegetation shall not otherwise be disturbed except for buffer
maintenance and restoration, or the correction of hazardous conditions.
(c)
Residential accessory structures, boat docks and accesses, and
tree trimming for lakefront views shall be permitted, provided that
no more than 35% of the buffer area is affected.
(d)
No other earth disturbance, grading, filling, buildings, structures,
new construction, or development shall be permitted.
(2)
Minimum required lot size. See the definition of "lot area,
required minimum" for the required deduction of lakes and ponds.
D.
Stream buffer. A buffer of 75 feet in width, comprised of a fifty-foot
inner buffer and a twenty-five-foot outer buffer, shall be maintained
along all streams. (See stream buffer diagram.)
|
(1)
Inner buffer: measured perpendicular to and horizontally from
the edge of the stream for a distance of 50 feet.
(a)
Encroachments and obstructions as defined and approved by DEP,
stormwater conveyance facilities required by the Township, and unpaved
trails shall be permitted.
(b)
Vegetation shall not otherwise be disturbed except for buffer
maintenance and restoration, or the correction of hazardous conditions.
(2)
Outer buffer. Measured perpendicular to and horizontally from
the edge of the inner buffer for a distance of 25 feet.
(a)
Encroachments and obstructions as defined and approved by DEP,
stormwater conveyance facilities required by the Township, and unpaved
trails shall be permitted.
(b)
In areas of the outer buffer which are not wetlands, vernal
pools or slopes of more than 15%, stormwater management facilities
which improve the quality of the stormwater discharge shall be permitted
unless prohibited by other Township or state requirements.
(c)
Crop production and non-clear-cut forestry enterprises (e.g.,
selective regeneration harvest) shall be permitted in accord with
this chapter.
(d)
Vegetation shall not otherwise be disturbed except for buffer
maintenance and restoration, or the correction of hazardous conditions.
(3)
Minimum required lot size. See the definition of "lot area,
required minimum" for the required deduction of streams.
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Flood Plain Management Act
of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, this § 400-706 is hereby adopted by the Polk Township Board of Supervisors as authorized.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
General provisions.
(1)
Intent. This § 400-706 is intended to:
(a)
Promote the general health, welfare, and safety of the community.
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(e)
Maintain the existing hydrologic regime through the sound management
of floodplains for their capacity to convey, transport, store and
dissipate flood-flow volumes and velocities, to protect water quality
and to maintain stream channel stability.
(2)
Applicability. This § 400-706 shall apply to all new construction, development, and improvements, including the placement of fill material, in any identified floodplain area.
(a)
It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, any construction
or development anywhere within Polk Township unless a permit has been
obtained from the Zoning Officer.
(b)
A permit shall not be required for minor repairs to existing
buildings or structures, unless required by other provisions of this
chapter.
(3)
Warning and disclaimer of liability. The degree of flood protection sought by the provisions of this § 400-706 is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This § 400-706 does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages. This § 400-706 shall not create liability on the part of Polk Township or any officer or employee thereof for any flood damages that result from reliance on this § 400-706 or any administrative decision lawfully made thereunder.
(4)
Abrogation and greater restrictions. This § 400-706 supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this § 400-706, the more restrictive shall apply.
(5)
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this § 400-706 shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of § 400-706, which shall remain in full force and effect, and for this purpose the provisions of this § 400-706 are hereby declared to be severable.
C.
Administration.
(1)
Designation of the Floodplain Administrator. The Polk Township Zoning Officer is hereby appointed to administer and enforce this § 400-706 and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may fulfill the duties and responsibilities set forth in these regulations, delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(2)
Zoning permit required. A zoning permit shall be required before
any construction or development is undertaken within any area of Polk
Township, including floodplain areas.
(3)
Duties and responsibilities of the floodplain administrator. In addition to the duties, powers and responsibilities of the Zoning Officer set forth in Article XII, the Floodplain Administrator shall:
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the United States Clean Water Act, § 404,
33 U.S.C. § 1344. No permit shall be issued until this determination
has been made.
(c)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
(4)
Application procedures and requirements. Application for permit shall be made in accordance with the requirements of Article XII and in addition to the information required by § 400-1203, Permits and certificates, applications shall include the following:
(a)
Listing of other permits required.
(b)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(c)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings and structures.
(d)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform to the requirements of this and all other
applicable codes and ordinances.
[2]
All utilities and facilities, such as sewer, gas, electrical,
and water systems are located and constructed to minimize or eliminate
flood damage.
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards.
[4]
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
[5]
Building materials are flood resistant.
[6]
Appropriate practices that minimize flood damage have been used.
[7]
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(e)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines.
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development.
[4]
The location of all existing streets, drives, and other accessways.
[5]
The location of any existing bodies of watercourses, identified
floodplain areas, limits of earth disturbance, and, if available,
information that pertains to the floodway and the flow of water, including
direction and velocities.
(f)
Plans of all proposed buildings, structures and other development,
drawn at suitable scale, showing the following:
(g)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
[2]
Documentation, certified by a registered professional engineer,
to show that the cumulative effect of any proposed development within
an AE Area without floodway when combined with all other existing
and anticipated development, will not increase the base flood elevation
more than one foot at any point.
[3]
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood.
[4]
[5]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control and stormwater
management.
(5)
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., planning commission, municipal engineer, etc.) for review and
comment.
D.
Basic development standard. In designated floodplain areas, only the following types of activities/development in compliance with this § 400-706 shall be permitted:
(1)
Activities/development that are compatible with maintaining the existing hydrologic regime and do not alter the cross sectional dimension of the floodplain and its storage capacity, except in compliance with this § 400-706.
(2)
Activities/development permitted under Title 25, Chapter 105
of the Pennsylvania Code, or conveyances required by Title 25, Chapter
102.
E.
Identification of floodplain areas.
(1)
Identification. The identified floodplain area shall be any
area of Polk Township, classified as a special flood hazard area (SFHA)
in the Flood Insurance Study (FIS) and the accompanying Flood Insurance
Rate Maps (FIRMs) dated May 2, 2013, and issued by the Federal Emergency
Management Agency (FEMA) or the most recent revision thereof, including
all digital data developed as part of the Flood Insurance Study.
(2)
Adoption of FIS and FIRMs. The FIS and FIRMs referenced in § 400-706E(1), Identification, and any subsequent revisions and amendments are hereby adopted by Polk Township and declared to be part of this § 400-706.
(3)
Description of identified floodplain areas.
(a)
The identified floodplain area shall consist of the following
specific areas:
[1]
Floodway area. Those areas identified as Floodway on the FIRM
as well as those floodway areas which have been identified in other
available studies or sources of information for those AE areas where
no floodway has been identified in the FIS. The floodway represents
the channel of a watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation by more than one foot at any
point.
[2]
AE area without floodway. Those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA and for which base
flood elevations have been provided in the FIS but no floodway has
been delineated.
[3]
A area. Those areas identified as an A Zone on the FIRM included
in the FIS prepared by FEMA and for which no base flood elevations
have been provided. For these areas, elevation and floodway information
from other federal, state, or other acceptable source shall be used
when available. Where other acceptable information is not available,
the base flood elevation shall be determined by using the elevation
of a point on the boundary of the identified floodplain area which
is nearest the construction site.
(b)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
(4)
Changes in identification of area. The identified floodplain
area may be revised or modified by Polk Township where studies or
information provided by a qualified agency or person document the
need for such revision. However, prior to any such change to the special
flood hazard area, approval must be obtained from the Federal Emergency
Management Agency (FEMA). Additionally, as soon as practicable, but
not later than six months after the date such information becomes
available, a community shall notify the FEMA of changes to the special
flood hazard area by submitting technical or scientific data.
(5)
Boundary disputes. Should a dispute concerning any identified
floodplain boundary arise, an initial determination shall be made
by the Floodplain Administrator and any party aggrieved by this decision
or determination may appeal to the Zoning Hearing Board. The burden
of proof shall be on the appellant.
F.
Prohibited development. In identified floodplain areas, the following
shall be prohibited:
(1)
Buildings. All buildings, except as permitted on certain lots or parcels of record pursuant to § 400-706K(1), Existing lots or parcels of record.
(2)
Floodway. No new construction or development shall be permitted
in any floodway area. In the absence of a delineated floodway area,
no new construction or development shall be permitted within the area
measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Pennsylvania Department of Environmental
Protection and Polk Township.
(3)
Sewage disposal. On-lot or community subsurface sewage disposal systems, except as permitted on certain lots or parcels of record pursuant to § 400-706K(1), Existing lots or parcels of record.
(4)
Developments of special concern.
(b)
Manufactured home park or subdivision. The commencement of,
or any construction of, a new manufactured home park or manufactured
home park or subdivision, or substantial improvement to an existing
manufactured home park or manufactured home subdivision.
(c)
Recreational vehicles. The parking of any recreational vehicle
unless it is fully licensed and ready for highway use.
(d)
Fill. The placement of fill material that is not associated
with a permitted activity.
(e)
Mineral extraction. Structures associated with mining or oil
and gas production, i.e., water storage, fluid containment, or well
pads.
(f)
Dangerous materials and substances. Any type of development
or activity shall be prohibited which will be used for the production
or storage of any of the following dangerous materials or substances;
or, which will be used for any activity requiring the maintenance
of a supply of more than 550 gallons, or other comparable volume,
of any of the following dangerous materials or substances on the premises;
or, which will involve the production, storage, or use of any amount
of radioactive substances. The following list of materials and substances
are considered dangerous to human life:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulphur and sulphur products.
[17]
Pesticides (including insecticides, fungicides,
and rodenticides).
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
[19]
Any other substance as determined by the Township.
G.
Permitted activities/development. The following activities/development are permitted in identified floodplain areas, provided such activity/development does not involve any activity/development prohibited by § 400-706F, Prohibited development:
(1)
Agricultural activities.
(2)
Plant nurseries.
(3)
Forestry and seed production.
(4)
Fish hatcheries.
(5)
Parking lots constructed to existing grade.
(6)
Temporary fairs or carnivals.
(7)
Accessory uses for residential purposes.
(8)
Private sportsmen's club activities (for example, archery, hunting,
horse shoes, etc.).
(9)
Athletic facilities.
(10)
Orchards.
(11)
Wildlife sanctuaries.
(12)
Boat launch sites constructed to existing grade.
(13)
Stormwater conveyance and stormwater management facilities for
water quality.
(14)
The parking of recreational vehicles which are fully licensed
for highway use.
(15)
Development on certain lots or parcels of record pursuant to § 400-706K(1), Existing lots or parcels of record.
H.
Unspecified activities/development. Any activity/development not expressly permitted in § 400-706G, Permitted activities/development, shall only be permitted by variance and shall be undertaken only in full compliance with § 400-706L, Variances, and § 400-706M, Design and construction standards. However, no activity/development shall be permitted which involves any activity/development expressly prohibited by § 400-706F, Prohibited development.
I.
Watercourses; stream banks.
(1)
Alteration or relocation of watercourse, restoration of banks.
(a)
Alteration or relocation of watercourse.
[1]
No encroachment, alteration, improvement or development of any
kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action, the Federal Emergency Management
Agency, and the Pennsylvania Department of Community and Economic
Development have been notified in writing by the applicant by certified
mail, and until all required permits or approvals have been first
obtained from the Department of Environmental Protection, Northeast
Regional Office, and other applicable agencies. The applicant shall
provide the Township with proof of the required notifications and
copies of any responses.
[2]
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(b)
Restoration of unstable stream banks. No stream bank restoration
or stabilization projects shall be undertaken until the applicant
provides a detailed report addressing the fluvial geomorphology of
stable reaches above and below the unstable reach. Any restoration
or stabilization project shall include all necessary measures to ensure
the maintenance of stability in the adjacent stable reaches of the
stream channel.
(2)
Letter of map revision. Technical or scientific data shall be
submitted by the applicant to FEMA for a Letter of Map Revision (LOMR)
as soon as practicable but within six months of the completion of
any new construction, development or other activity resulting in changes
in the base flood elevation. The situations when a LOMR or a Conditional
Letter of Map Revision (CLOMR) are required are:
(a)
Any development that causes a rise in the base flood elevations
within the floodway;
(b)
Any development occurring in Zone AE without a designated floodway,
which will cause a rise of more than one foot in the base flood elevation;
or
(c)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges).
J.
Existing structures in floodplain area. The provisions of this § 400-706 do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure in the identified floodplain area, the following provisions shall apply:
(1)
Expansions. Any substantial improvement to an existing structure
which results in the horizontal expansion of the structure within
the floodway shall be prohibited.
(2)
Floodways. No vertical expansion or enlargement of an existing
structure shall be allowed within any floodway area that would cause
any increase in the base flood elevation.
(3)
AE area without floodway. No expansion or enlargement of an
existing structure shall be allowed within any AE area without floodway
that would, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
(4)
AE area without floodway and a area. No permitted expansion
or enlargement of an existing structure shall be allowed within 50
feet landward from the top-of-bank of any watercourse within any AE
area which lacks a designated floodway or within any A area unless
necessary permits are obtained from the Department of Environmental
Protection and Polk Township.
(5)
Danger to human life. No modification, alteration, reconstruction, or improvement of any kind to an existing structure shall be permitted which involves any activity which may endanger human life as listed in § 400-706F(4)(f).
(6)
Substantial improvements. Any modification, alteration, reconstruction,
or improvement of any kind to an existing structure, to an extent
or amount of 50% or more of its market value, shall constitute a substantial
improvement and shall be undertaken only in full compliance with the
provisions of this chapter.
(7)
Less-than-substantial improvements. Any modification, alteration,
reconstruction, or improvement of any kind to an existing structure,
to an extent or amount of less than 50% of its market value, shall
be elevated to the greatest extent possible.
(8)
Construction codes. The above activity shall also address the
requirements of the 34 Pa. Code, as amended, and the 2009 IBC and
the 2009 IRC.
K.
Existing lots or parcels of record and newly created lots or parcels.
(1)
Existing lots or parcels of record. In the case where an existing lot or parcel of record is located wholly within an identified floodplain area, or where the usable area of an existing lot or parcel of record is located partially within an identified floodplain area which is found to be inadequate for the proposed development, the development listed in § 400-706F(1), Buildings, § 400-706F(3), Sewage disposal, and § 400-706F(4)(d), Fill, shall be permitted in accordance with the design and construction standards of § 400-706M, Design and construction standards, subject to the following:
(a)
The applicant shall demonstrate to the satisfaction of the Floodplain
Administrator that a building area which meets all applicable setbacks,
coverage, slope and other requirements cannot be provided outside
the identified floodplain area.
(b)
Any sewage disposal system shall be placed outside the identified
floodplain area, unless the Township Sewage Enforcement officer determines
that there is inadequate suitable area outside the identified floodplain
area, in which case the seepage area shall be elevated to at least
the regulatory flood elevation.
(c)
The applicant shall demonstrate to the satisfaction of the Floodplain Administrator that the design and construction standards of § 400-706M, Design and construction standards, can and will be met.
(d)
The Floodplain Administrator may consult the Township Engineer,
the Township Sewage Enforcement Officer, the Building Inspector and
any other consultant deemed necessary in making a determination.
(f)
No permit will be granted for any construction, development,
use or activity within any AE area without floodway unless it is demonstrated
that the cumulative effect of the proposed development would not,
together with all other existing and anticipated development, increase
the BFE more than one foot at any point.
(2)
Newly created lots or parcels.
(a)
After the effective date of this § 400-706, every lot or parcel created for development purposes shall contain an area adequate for the proposed use outside of an identified floodplain area, except as provided in § 400-706K(2)(b) below. The subdivision plan and deed for any such parcel shall include a restriction that the parcel shall not be used for any development.
(b)
After the effective date of this § 400-706, the subdivision plan and deed for any parcel created for non-development purposes (e.g., forestry or agriculture) which contains any identified floodplain area shall include a restriction that the parcel shall not be used for any development which does not comply with the Township floodplain regulations in effect when such development is proposed.
(c)
All subdivision proposals containing at least 50 lots or at
least five acres, whichever is the lesser, in identified floodplain
areas where base flood elevation data are not available, shall be
supported by hydrologic and hydraulic engineering analyses that determine
base flood elevations and floodway information. The analyses shall
be prepared by a licensed professional engineer in the format required
by FEMA for a Conditional Letter of Map Revision or Letter of Map
Revision. Submittal requirements and processing fees shall be the
responsibility of the applicant.
L.
Variances. If compliance with any of the requirements of this § 400-706 would result in an exceptional hardship to a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon the applicant's filing a completed application for variance from the Zoning Hearing Board, grant relief from the strict application of the requirements, in accordance with the procedures contained in § 400-1207, Zoning Hearing Board; hearings and decisions, and the following:
(1)
Alternatives analysis. No variance shall be granted until the
applicant has performed an alternatives analysis to find practicable
alternatives to development in the identified floodplain area.
(2)
Floodway. No variance shall be granted for any construction,
development, use, or activity within any floodway area that would
cause any increase in the BFE. Where a variance may be granted, necessary
permits shall be obtained from the Department of Environmental Protection
Regional Office. Within any floodway area, no encroachments, including
fill, new construction, substantial improvements, or other development
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(3)
AE area without floodway. No variance shall be granted for any
construction, development, use, substantial improvement or activity
within any AE Area without floodway that would, together with all
other existing and anticipated development, increase the BFE greater
than one foot at any point.
(4)
AE area without floodway and A area. No variance shall be granted
for any construction, development, use, substantial improvement or
activity within 50 feet landward from the top-of-bank of any watercourse
within any AE area which lacks a designated floodway or within any
A area unless necessary permits are obtained from the Department of
Environmental Protection and Polk Township.
(5)
Elevation required. Any building permitted by variance shall be elevated to the regulatory flood elevation. Within any identified floodplain area, any new construction or substantial improvement of a residential structure or nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. The regulatory flood elevation is defined as the BFE plus a freeboard safety factor of 1 1/2 feet. In A Zones, the regulatory flood elevation shall be determined in accordance with § 400-706E(3)(a)[3], A Area.
(6)
Design and construction standards. Any development permitted by variance shall comply with the requirements of § 400-706M, Design and construction standards, and all other applicable requirements of the National Flood Insurance Program.
(7)
Substantial improvements. The Zoning Hearing Board may grant a variance to the prohibition of substantial improvements to existing structures in identified floodplain areas provided all requirements of this § 400-706L, Variances, are satisfied.
(8)
Developments of special concern. No variance shall be granted for any development of special concern identified in § 400-706F(4), Developments of special concern.
(9)
Least modification. If granted, a variance shall involve only
the least modification necessary to provide relief.
(10)
Conditions. In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this § 400-706.
(12)
Review factors. In reviewing any request for a variance, the
Zoning Hearing Board shall determine that the granting of the variance
will not:
M.
Design and construction standards. The following minimum standards,
in addition to all applicable National Flood Insurance Program requirements,
shall apply to any construction and development approved within any
identified floodplain area:
(1)
Residential and nonresidential structures.
(a)
In AE zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
(b)
In A zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 400-706E(3)(a)[3], A Area, of this chapter.
(c)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be
utilized.
(2)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc. or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(3)
Manufactured homes.
(b)
Installation of manufactured homes shall be done in accordance
with the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the United States Department of Housing and Urban
Development's Permanent Foundations for Manufactured Housing, 1984
Edition, draft or latest revision thereto, shall apply, and 34 Pa.
Code (Chapters 401 through 405) so that the lowest floor of the manufactured
home is at least 1 1/2 feet above the base flood elevation.
(c)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot be provided
or were not established for the unit's proposed installation.
(4)
Accessory structures. Structures accessory to a principal building
need not be elevated to remain dry, but shall comply, at a minimum,
with the following requirements:
(a)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(b)
The cumulative floor area of such structures erected after the effective date of this § 400-706 shall not exceed 100 square feet.
(c)
The structure shall have a low damage potential.
(d)
The structure shall be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets shall be elevated to the regulatory
flood elevation.
(f)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc. are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc. or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(5)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal feet unless
substantiated data, justifying steeper slopes are submitted to, and
approved by the Floodplain Administrator.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(6)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner
in accordance with all applicable Township stormwater control requirements.
The system shall ensure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(7)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewage facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewage facilities and systems shall be designed to
prevent the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and local regulations for such systems. If such system is permitted,
it shall be located so as to avoid impairment to it, or contamination
from it, as a result of a flood.
(8)
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(9)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(10)
Storage. All materials that are buoyant, flammable, and explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 400-706F(4)(f), Dangerous materials and substances, shall be stored at or above the regulatory flood elevation.
(11)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(12)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(13)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain, without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(14)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
(16)
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(17)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(18)
Uniform Construction Code coordination. The standards and specifications contained 34 Pa. Code (Chapters 401 through 405, as amended), and not limited to the following provisions shall apply to the above and other sections and subsections of this § 400-706, to the extent that they are more restrictive and/or supplement the requirements of this § 400-706.
N.
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COMPLETELY DRY SPACE
DEVELOPMENT
ESSENTIALLY DRY SPACE
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP
FLOOD INSURANCE STUDY
FLOODPLAIN AREA
FLOODWAY
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PRACTICABLE ALTERNATIVE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STREAM
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
VIOLATION
WATERCOURSE
Definitions. Words and phrases used in this § 400-706 shall have the meanings set forth in this § 400-706N, Definitions. Words not defined in this § 400-706N, but defined in Article III, Definitions, shall have the meanings set forth in Article III. All other words and phrases shall be given their common, ordinary meaning, unless the context requires otherwise.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zone AE that indicates the water surface elevation resulting from
a flood that has a one-percent-or-greater chance of being equaled
or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
Any structure having a roof supported by columns or walls,
used for the shelter, housing, or enclosure of persons, animals, or
property. "Building" shall be interpreted as including the words "or
part thereof."
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The Official Map on which the Federal Emergency Management
Agency has delineated both the areas of special hazards and the risk
premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
Any structure that is any of the following:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after May 2, 2013, and includes any subsequent improvements
to such structures. Any construction started after September 30, 1987,
and before May 2, 2013, is subject to the ordinance in effect at the
time the permit was issued, provided the start of construction was
within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An alternative that is available and capable of being done
after taking into consideration cost, existing technology and logistics
in light of overall project purposes.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) plus a freeboard safety factor
of 1 1/2 feet.
An area in the floodplain subject to a one-percent-or-greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A or AE.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first, alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
See "watercourse."
Any man-made object having ascertainable stationary location
on or in land or water, whether or not affixed to the land. The term
structure shall include: buildings, manufactured homes, signs, fences,
walls, towers, swimming pools, porches, garages, storage tanks that
are above ground, and similar objects. "Structure" shall be interpreted
as including the words "or part thereof."
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage"
regardless of the actual repair work performed. The term does not,
however, include any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety
code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living
conditions.
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this chapter,
must comply with all ordinance requirements that do not preclude the
structure's continued designation as a historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certificates, or other evidence of compliance required in Code
of Federal Regulations at 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3),
(e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.
It is the intent of this § 400-707 to preserve the rural character of the Township by requiring the conservation of trees and other vegetation, especially during the land development process, and by requiring property line buffers. This effort will also minimize the detrimental effects of soil erosion and sedimentation and stormwater runoff. The Township's agricultural and other open land are vital to the rural character of the Township, which is the keystone of the local economy, and the preservation of that character will protect and promote the public welfare. This § 400-707 is not intended to prescribe specific cutting practices; or to prevent or hinder any landowner from realizing financial return from the sale of trees; or to prevent or hinder commercial tree harvesters from operating in the Township. (Note: This § 400-707 shall not apply to agricultural uses and lands owned by the Commonwealth of Pennsylvania or the Pennsylvania Game Commission.)
A.
Natural vegetation. In order to minimize soil erosion and stormwater
run-off, and to preserve the rural character of the Township, natural
vegetation shall be maintained to the greatest extent possible.
(1)
Clearing of vegetation shall be limited to those areas of the
site needed for proposed and required improvements.
(2)
Any part of a site where existing vegetation has been disturbed
and which is not used for buildings, structures, loading or parking
spaces and aisles, sidewalks, designated storage areas or other improvements,
shall be provided with an all-season ground cover and shall be landscaped.
(3)
In the case of conditional uses and special exceptions, additional
landscaping, screening and/or buffers may be required by the Township
where the same are determined by the Township as necessary to protect
adjoining uses.
B.
Buffer areas. In addition to the requirements of § 400-707A, the following requirements shall apply to all parcels in C and I Districts:
(1)
Until such time as a development plan is approved for the parcel,
a buffer of not less than 75 feet in width shall be maintained along
all property lines and any road right-of-way. Existing vegetation
in this buffer area shall not be disturbed except that trees may be
harvested to the extent that the basal area of trees in the seventy-five-foot
buffer area shall not be reduced below 50% of the basal area present
before cutting or below 65 square feet per acre, whichever is higher.
Any such reduction shall be by thinning the vegetation across the
entire buffer so that the buffer is maintained along all property
lines and road rights-of-way. Basal area is the area in square feet
per acre occupied by tree stems at 4.5 feet above the ground, normally
measured by a calibrated prism or angle gauge.
(2)
Clearing of vegetation and landscaping for a development project shall be in accord with an overall plan to be submitted with the zoning and land development plan application. Such clearing shall not be initiated until the application is approved by the Township. For the purposes of installation, landscaping shall be considered an improvement in accord with Chapter 345, Subdivision and Land Development. The clearing and landscaping plan shall show the type and extent of existing vegetation, the area proposed for clearing and proposed landscaping.
The grading of a lot, parcel or any site involving cuts and/or
fills with an average depth greater than five feet over an area of
one acre or more shall require a conditional use permit when such
grading is not part of an approved subdivision or land development
plan. When a conditional use permit is required, the following standards
and requirements shall apply:
A.
Plan. The applicant shall submit a grading plan and drainage plan
and report, prepared by a registered engineer or land surveyor, which
include existing and proposed contours with an interval not exceeding
two feet at a scale not greater than 50 feet to the inch, and an analysis
of existing and proposed conditions.
B.
Stormwater. The proposed grading shall not result in an increase
in the rate of stormwater runoff from the site, nor an alteration
of the existing points of discharge from the property without the
written approval of all affected property owners.
C.
Slopes. No resulting slope shall be steeper than two horizontal to
one vertical unless it is constructed according to a suitable design
of an alternative slope which has been prepared and certified by a
registered professional engineer and accepted by the Township.
D.
Hazardous conditions. The proposed grading shall not result in a
condition hazardous to the public. During construction, suitable fences
or barriers shall be installed where necessary to maintain the public
safety.
E.
Clear zone. The proposed grading shall not adversely affect the clear
zone, as defined by PennDOT, of any public road.
F.
Erosion and sedimentation control. The applicant shall obtain all
required approvals for soil erosion and sedimentation from the Monroe
County Conservation District and PA DEP and provide copies to the
Township.
Traffic impact studies are required for certain activities to
enable the Township to assess the effect on the transportation system
in and around the Township and to:
A.
Ensure that proposed uses do not adversely affect the transportation
network.
B.
Identify any traffic problems associated with site access.
C.
Determine traffic problems on private, Township, county or state
roads in the project traffic study area.
D.
Assist in the protection of the safety of the motoring public, air
quality, and energy conservation.
E.
TIS requirement.
(1)
Thresholds. A TIS shall be required for all proposals that are
projected to generate 150 or more trip-ends per project peak hour
or 1,500 trip-ends or more per day based on the latest edition of
Trip Generation published by the Institute of Transportation Engineers.
A TIS shall also be required for additions to a use, changes of use
and replacements of nonconforming uses that increase the total traffic
(i.e., existing plus new traffic) above the peak hour or daily thresholds.
(2)
Other projects.
(a)
The Board of Supervisors, Planning Commission, or Zoning Hearing
Board, as the case may be, may also, based upon the nature of a project
and potential impacts on the Township, require the developer to prepare
and submit to the Township a TIS for the following types of developments
and uses:
[1]
Industrial parks.
[2]
Light manufacturing or manufacturing or industrial uses.
[3]
Junkyards.
[4]
Mineral extraction.
[5]
Mineral processing.
[6]
Agricultural products processing.
[7]
Solid waste facilities and staging areas.
[8]
Warehouses and trucking terminals.
[9]
Concentrated animal feeding operations.
[10]
Any use involving the initial or cumulative disturbance
of 87,120 or more square feet of soil surface areas.
[11]
Any use involving the initial or cumulative construction,
installation and/or placement of 43,560 square feet or more of buildings,
structures or other impervious surface areas.
[12]
Any use involving development in any floodplain
area.
[13]
Any drive-in stand/use.
(b)
The requirements of this § 400-709 may be applied to any other proposed conditional use or special exception, which for reasons of location, design, existing traffic or other community or environmental considerations, as determined by the Township, warrants the application of the study required contained herein in order to determine what conditions should be required to mitigate any adverse effects of the proposed use. The Board of Supervisors, Planning Commission, or Zoning Hearing Board, as the case may be, may waive certain components of the TIS should such components be deemed unnecessary for certain uses.
F.
Professional requirements. The TIS shall be prepared by a registered
professional engineer or transportation planner with verifiable experience
in preparing such studies.
G.
Study methodology.
(1)
State roads. In cases where PennDOT requires a TIS for access
to a state road, a separate TIS shall not be required by the Township.
If PennDOT does not require a TIS, and the traffic from the proposed
use meets or exceeds the peak hour or daily thresholds, a TIS using
PennDOT methodology shall be required.
(2)
Township roads. If a TIS is required for access to a Township
road, the TIS shall be prepared in accord with PennDOT methodology.
