A.
It is the intent of this § 215-34 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 Borough. This shall be accomplished by:
(1)
Siting buildings, parking areas and other facilities
and improvements based upon the particular topography of the development
site;
(2)
Designing buildings with consideration of architectural
style and type of construction material in keeping with the surrounding
landscape and development pattern using wood or wood-like siding (exposed
cinder-block construction shall not be permitted);
(3)
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;
(4)
Designing parking areas to complement patterns of
traffic flow and to provide adequate off-street parking for shopping
center patrons;
(5)
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;
(6)
Considering the impact of stormwater, noise, traffic
and lighting on surrounding land uses and providing buffers to minimize
adverse impacts; and
(7)
Being consistent with any design guidelines adopted
by the Borough.
B.
Land development. Any proposed commercial establishment shall be considered a "land development," as defined by the Pennsylvania Municipalities Planning Code and Chapter 187, Subdivision and Land Development, and 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 Borough may also require any additional information, studies or reports as it deems necessary to meet the intent of this and other Borough 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 flow chart showing circulation patterns
from the public right-of-way and within the confines of the shopping
center;
(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,
and walks;
(7)
Location, height, and materials of walls, fences,
screen plantings, and other landscaped areas;
(8)
Preliminary architectural drawings for all buildings;
and
(9)
Location, size, height, and orientation of all signs
other than signs flat on building facades.
C.
Site design process. The applicant shall demonstrate
to the Borough 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 § 215-23E) 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.
D.
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 Borough evidence of
said ownership and/or control.
A.
The intent of this § 215-35 is to regulate the development and operation of all development in the Borough 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 § 215-35 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 § 215-35 shall not apply to normal agricultural uses unless explicitly referenced by a specific section.
B.
Yards and buffers:
[Amended 12-18-2006 by Ord. No. 8-2006]
(1)
Unless otherwise regulated by this chapter, where a commercial or manufacturing use is proposed contiguous to any R-1, R-2 or R-3 District the minimum size of the abutting yard shall be increased to 50 feet. This setback area shall remain undisturbed except for any buffers required by Chapter 187, Subdivision and Land Development.
(2)
Storage of equipment, supplies, products or any other
materials shall not be permitted in any required front yard, rear
yard or side yard.
(3)
In the case of conditional uses and special exceptions,
landscaped buffers may be required by the Borough in any yard 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 character of the district.
(a)
In determining the type and extent of the buffer
required, the Borough 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 Borough, shall not be less than provided by Chapter 187, Subdivision and Land Development.
(c)
Special consideration may be given to existing
residential uses and sites where residential uses are likely to be
developed.
(d)
Design details of buffers shall be included on the site plan and shall comply with the landscaping requirements of Chapter 187, Subdivision and Land Development, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 187, Subdivision and Land Development.
C.
Landscaping. A landscaping plan meeting the requirements of Chapter 187, Subdivision and Land Development, for the proposed project shall be submitted by the developer for review and approval by the Borough. Landscaping shall be considered an improvement for the purposes of regulation by Chapter 187, Subdivision and Land Development.
D.
Operations and storage. All facilities and operations
of any principal use, including the storage of raw material, finished
products, fuel, machinery and equipment and any other materials or
supplies, shall be enclosed and carried out within a building or they
shall, as required by the Borough for conditional uses and special
exceptions, be provided with larger setbacks and/or buffers to afford
protection to adjoining uses and any public road rights-of-way.
(1)
Unenclosed uses and activities shall, in any case,
be a minimum of 100 feet from any existing residential structure or
any R-1, R-2 or R-3 District, unless a greater setback is required
by the Borough.
(2)
Storage of equipment, supplies, products or any other
materials shall not be permitted in any front yard or side yard.
(4)
Areas for the storage and sale of seasonal merchandise
shall be permanently defined with walls and/or fences.
(5)
Outdoor display and storage and storage containers
shall not encroach on any portion of a walkway, accessway or required
parking or loading spaces.
(6)
Vehicles or trailers with wheels shall not be used as storage containers (see definition in Article III).
(7)
No materials or wastes shall be deposited in such
form or manner that they may be carried off by natural causes or forces,
nor shall any substance that can contaminate a stream or watercourse,
or otherwise render such stream or watercourse undesirable as a source
of water supply or recreation, or that will destroy aquatic life,
be allowed to enter any stream or watercourse.
(8)
All materials or wastes that might cause fumes or
dust, that are fire hazards, or that may be attractive to rodents
or insects, shall be stored outdoors only if enclosed in containers
adequate to eliminate such hazards.
E.
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 fire-fighting
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 provided by
the developer for review by the local fire company(ies). In the case
of conditional uses and special exceptions, larger setbacks, additional
buffer areas or fencing may be required by the Borough if the nature
of the proposed use as determined by the Borough so requires.
F.
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.
G.
Noise.
(1)
No person shall operate or cause to be operated on
property any source of continuous sound (any sound that is steady,
fluctuating, or intermittent with a recurrence greater than one time
in any fifteen-second interval) in such a manner as to create a sound
level that exceeds the limits set forth for the receiving land use
category in the following Maximum Sound Levels Table when measured
at the property line of the receiving land use.
|
Maximum Sound Levels
| |||
|---|---|---|---|
|
Category Limits (dBA)
| |||
|
Period
|
Commercial
|
Manufacturing
|
All Others
|
|
Monday to Saturday, 7:00 a.m. to 9:00 p.m.
|
65
|
70
|
60
|
|
Saturday, 9:00 p.m. to Monday. 7:00 a.m.
Monday to Friday, 9:00 p.m. to 7:00 a.m.
Legal holidays, 12:00 MIDNIGHT to 12:00 NOON
|
60
|
70
|
50
|
(2)
The maximum sound levels listed in the Maximum Sound
Levels Table above do not apply to the following noise sources:
(a)
Emergency alerts.
(b)
Emergency work to provide electricity, water,
or other public utilities when public health or safety is involved.
(c)
Snow removal or road repair.
(d)
Domestic power tools between 8:00 a.m. and 9:00
p.m.
(e)
Explosives and construction operations between
7:00 a.m. and 6:00 p.m., Monday through Saturday.
(f)
Agriculture and forestry operations between
6:00 a.m. and 9:00 p.m.
(g)
The operation of legally registered and inspected
motor vehicles designed for use on public highways.
(h)
Public celebrations authorized by the Borough.
(i)
Railroads.
(j)
The unamplified human voice.
(k)
Outdoor sports or entertainment activities approved
by the Borough.
(3)
For any source that emits a pure tone, the maximum
sound level limits in the table above shall be reduced by five dBA.
For any source that emits an impulsive sound (a sound of short duration
with an abrupt onset and rapid decay, and an occurrence of not more
than one time in any fifteen-second interval), the excursions of sound-pressure
level shall not exceed 20 dBA over the ambient sound-pressure level,
regardless of time of day or night or receiving land use, using the
"fast meter" characteristic of a Type II meter, meeting the ANSI specifications
S1.4-1971, as amended.
H.
Vibration. No vibration shall be permitted which is
detectable without instruments at or beyond the property line, and
no use shall generate any vibration which is capable of causing damage
to buildings, structures, equipment alignment, or structural soundness.
This requirement shall not apply to occasional blasting conducted
in accord with applicable regulations that may be necessary during
construction of streets, structure and utilities.
I.
Lighting and glare. The standards of this subsection shall apply to all uses including residential and agricultural. Any proposal which is considered a land development as defined by Chapter 187, Subdivision and Land Development, shall be governed by the lighting and glare design 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 § 215-35I and violations shall be subject to the enforcement provisions of this chapter.
[Amended 11-7-2011 by Ord. No. 5-2011[1]; 12-2-2013 by Ord. No. 5-2013]
(1)
Purpose. This subsection sets minimum standards for outdoor lighting
to:
(a)
Provide lighting in outdoor public places where public health,
safety and welfare are potential concerns.
(b)
Protect drivers and pedestrians from the glare of nonvehicular
light sources that shine into their eyes and thereby impair safe traverse.
(c)
Protect the privacy of property owners by limiting the potential
for glare and light trespass from poorly aimed, placed, applied, maintained
or shielded outdoor lighting installations located on adjacent properties
and roadways.
(d)
Set forth outdoor lighting requirements which are consistent
with lighting industry standards and practices, available technologies,
and the lighting sciences.
(2)
Application.
(a)
Outdoor lighting shall be required for safety and personal security
in areas of public assembly and traverse, including but not limited
to multifamily dwellings and commercial, industrial, public recreational,
and institutional uses.
(b)
All driveways, aisles, maneuvering spaces, vehicular service
areas, and spaces between or around buildings, designed for use by
more than four cars after dusk, other than those accessories to a
single dwelling, shall be illuminated between sunset and sunrise in
accord with the recommendations of the Society of Illuminating Engineers
at no cost to the Borough.
(c)
The Council shall require lighting to be incorporated for other
uses or locations, as it deems necessary.
(d)
The glare control requirements in this section apply to lighting in all of the above-mentioned uses as well as sign, architectural, landscaping, and residential lighting. Lighting shall be controlled in both height and intensity to maintain community character; and lighting designs shall be an inherent part of the project design. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site, and all required lighting shall be considered improvements for the purpose of regulation by Chapter 187, Subdivision and Land Development.
(3)
CANDELA
CANDELA DISTRIBUTION
CANDLEPOWER
CUTOFF
CUTOFF ANGLE OF A LUMINAIRE
FLOODLIGHT
FOOTCANDLE
FULL CUTOFF
FULLY SHIELDED LIGHT FIXTURE
GLARE
(a)
(b)
(c)
(d)
(e)
ILLUMINANCE
ILLUMINATION
LAMP
LIGHT
LIGHT TRESPASS
LUMEN
LUMINAIRE
LUMINANCE
LUX
NADIR
NIGHTTIME
NONCUTOFF
SEMICUTOFF
SPOTLIGHT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Unit of luminous intensity, describing the intensity of a
light source in a specific direction.
A curve, often on polar coordinates, illustrating the variation
of luminous intensity of a lamp or luminaire in a plane through the
light center.
Luminous intensity expressed in candelas. A measure of luminous
intensity of a light source in a specific direction, measured in candelas.
A light distribution where a negligible amount of light is
permitted at a horizontal plane located at the bottom of a luminaire.
Light above the horizontal plane at the bottom of a luminaire is not
limited, but cutoff luminaires usually have very little light above
the luminaire.
The angle, measured up from the nadir (i.e., straight down),
between the vertical axis and the first line of sight at which the
bare source (the bulb or lamp) is not visible.
A fixture designed to "flood" a well-defined area with light.
A unit of illuminance. The English measurement unit of illuminance
(or light level) on a surface. One lumen is equal to one footcandle
per square foot. A unit of light intensity stated in lumens per square
foot and measurable with an illuminance meter, aka footcandle or light
meter. One footcandle is equal to 10.76 lux, and one lux is equal
to 0.093 footcandles.
A light distribution where no light is permitted at or above
a horizontal plane located at the bottom of a luminaire. There will
be little or no light at the angles that are usually associated with
glare.
A light fixture constructed in such a manner that all light
emitted by the fixture, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of
the luminaire, is projected below the horizon.
Light that hinders or bothers the human eye. The sensation
produced by luminances within the visual field that is sufficiently
greater than the luminance to which the eyes are adapted to cause
annoyance, discomfort, or loss in visual performance or visibility.
The degree of glare is described as follows:
BLINDING GLAREGlare that is so intense that for an appreciable length of time after it has been removed, no object can be seen.
DIRECT GLAREGlare resulting from high luminances or insufficiently shielded light sources in the field of view.
DISABILITY GLAREThe effects of stray light in the eye whereby visibility and visual performance is significant enough to keep a person from seeing adequately.
DISCOMFORT GLAREGlare that produces discomfort. It does not necessarily interfere with visual performance or visibility.
REFLECTED GLAREGlare resulting from reflections of high luminances in polished or glossy surfaces in the field of view.
The quantity of light measured in footcandles or lux. A term
that quantifies light striking a surface or a plane point. It is expressed
either in lumens per square foot (footcandles/the English unit) or
lumens per square meter (lux/the metric unit). The areal density of
the luminous flux incident at a point on a surface. One footcandle
is equal to 10.76 lux, and one lux is equal to 0.093 footcandle.
An alternative term for illuminance. Commonly used in a qualitative
or general sense to designate the act of illuminating or the state
of being illuminated.
A generic term for a man-made source of light.
Radiant energy that is capable of exciting the retina and
producing a visual sensation. The visible portion of the electromagnetic
spectrum extends from about 380 to 770 nanometers.
Light emitted by a lighting installation which extends beyond
the boundaries of the property on which the installation is sited;
spill light; obtrusive light; undesirable illumination, including
the following examples:
Units of measurement of luminous flux representing the quantity
of light being produced by a lamp or emitted from a luminaire.
A complete lighting unit consisting of one or more lamps
(light sources) together with the parts designed to control the light
distribution and other mechanical and electrical components.
A term that quantifies directional brightness of a light
source (e.g., a lamp, luminaire, reflecting material) or of a surface
that is illuminated and reflects light. The emitted or reflected light
from a surface; relates directly to perceived "brightness." The unit
of luminance is the candela per square meter (cd/M2). Measurable with
a luminance meter.
A unit of light intensity stated in lumens per square meter.
There are approximately 10.76 lux per footcandle.
The point directly below the luminaire when the luminaire
is pointed down (0° angle).
The hours between the end of evening civil twilight and the
beginning of morning civil twilight. Civil twilight ends in the evening
when the center of the sun's disk is 6° below the horizon
and begins in the morning when the center of the sun's disk is
6° below the horizon.
A light distribution that can produce considerable light
above the horizontal plane located at the bottom of a luminaire.
A light distribution where slightly more light is permitted
at a horizontal plane located at the bottom of a luminaire than the
cutoff distribution. Like cutoff, light above the horizontal plane
at the bottom of a luminaire is not limited, but the amount of light
above the luminaire is relatively small.
A fixture designed to light only a small, well-defined area.
(4)
Criteria.
(a)
Illumination levels for nonresidential uses. Illumination of
nonresidential uses, where required by this chapter, shall have intensities
and uniformity ratios in accordance with the most current recommended
practices of the Illuminating Engineering Society of North America
(IESNA) Lighting Handbook.
(b)
Average lighting levels should not exceed the values provided
in Exhibit 1.
|
Exhibit 1, Maximum Average Light Levels
| |
|---|---|
|
Land Use
|
Footcandles
|
|
Pedestrian areas/sidewalks
|
1.0
|
|
Building entries
|
5.0
|
|
Streetlighting
|
1.0
|
|
Parking areas with high nighttime activity
|
4.0
|
|
Parking areas with low nighttime activity
|
2.0
|
|
Playgrounds
|
5.0
|
|
Sports grounds
|
20.0
|
|
Site perimeter
|
0.5
|
|
Local road (residential)
|
0.4
|
|
Collector road (commercial)
|
1.0
|
|
Source: North Carolina Dark Skies Association and Chittenden
County Regional Planning Commission
| |
(c)
Outdoor light standards for all uses.
[1]
Any lamp over 2,000 initial lumens, installed, shall be fully
shielded such that the lamp itself is not directly visible from any
other property.
[2]
The use of more than one luminaire or lamp of 2,000 initial
lumens for the purpose of illuminating the same area shall not be
permitted.
[3]
Examples of lamp types of 2,000 lumens and below are: 100-watt
standard incandescent; 15-watt cool-white fluorescent; 15-watt compact
fluorescent; and 18-watt low-pressure sodium.
(5)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting
application.
(b)
For lighting horizontal tasks such as roadways, sidewalks, entrances
and parking areas, fixtures shall meet IESNA full cutoff criteria.
(c)
Fixtures shall be equipped with or be modified to incorporate
light directing and/or shielding devices such as shields, visors,
skirts or hoods to redirect offending light distribution and/or reduce
direct or reflected glare.
(d)
The use of floodlighting, spotlighting, wall-mounted fixtures,
decorative globes and other fixtures shall meet IESNA full cutoff
criteria.
(6)
Control of nuisance and disabling glare.
(a)
All outdoor 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.
(b)
All outdoor lighting fixtures shall be fully shielded in such
a manner that no light is emitted above a horizontal plane passing
through the lowest point of the light-emitting element, so that direct
light emitted above the horizontal plane is eliminated.
(c)
Floodlights and spotlights shall be so installed or aimed that
they do not project their output into the windows of neighboring residences,
adjacent properties, skyward or onto a public roadway. Floodlights
or spotlights must be aimed no higher than 45° above straight
down (i.e., halfway between straight down and straight to the side).
The use of searchlights or laser-source lights for advertising or
entertainment purposes is prohibited.
(d)
During periods of nonuse of a nonresidential facility the illumination of the property shall be reduced so that the lighting intensity levels shall not exceed 25% of the levels normally permitted by § 215-35I for the use, but in no case shall they be less than the minimum levels for safety or security as invoked by IESNA. Reductions should not be applied to facilities subject to intermittent night use, such as hospitals and transportation terminals.
(e)
All illumination for advertising signs, buildings and/or surrounding
landscapes for decorative, advertising or aesthetic purposes is prohibited
between 11:00 p.m. and dawn, except that such lighting situated on
the premises of a commercial establishment may remain illuminated
while the establishment is actually open for business, and until one
hour after closing.
(f)
Unless otherwise permitted by Borough Council such as for safety
and security, lighting shall be controlled by automatic switching
devices such as time clocks or combination motion detectors and photocells
to permit extinguishing offending light sources between 11:00 p.m.
and dawn, to mitigate nuisance glare and sky lighting consequences.
(g)
Illumination for flagpole lighting may not exceed 10,000 lumens.
(h)
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 fixtures, shields
and baffles, and appropriate application of fixture-mounting height,
wattage, aiming angle and fixture placement.
(i)
Externally illuminated signs and billboards shall use only fixtures
mounted at the top of the sign and aimed downward. Such fixtures shall
be automatically extinguished between the hours of 11:00 p.m. and
dawn, except that such lighting situated on the premises of a commercial
establishment may remain illuminated while the establishment is actually
open for business, and until one hour after closing, except as specifically
approved by appropriate officers or agents of the Borough.
(j)
Directional fixtures for such applications as facade, fountain
feature and landscape illumination shall be aimed downward so as not
to project their output beyond the objects intended to be illuminated.
Additionally, they shall be extinguished between the hours of 11:00
p.m. and dawn except that such lighting situated on the premises of
a commercial establishment may remain illuminated while the establishment
is actually open for business, and until one hour after closing, except
as specifically approved by appropriate officers or agents of the
Borough.
(k)
The use of white strobe lighting, flashing, flickering or pulsating
lights is prohibited, except as may be required by the Federal Aviation
Administration or other governmental agency.
(l)
Fixtures shall not be mounted in excess of 20 feet above finished
grade. Fixtures not meeting IESNA cutoff criteria shall not be mounted
in excess of 16 feet above finished grade.
(m)
The intensity of illumination projected off the property shall
not exceed 0.1 vertical footcandle, measured at 30 inches above the
ground at the property line.
(n)
All lighting shall be arranged so to prevent glare into adjoining
properties and streets.
(7)
Post-installation inspection. The Borough reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of § 215-35I and if, appropriate, to require remedial action at no expense to the Borough.
(8)
Nonconforming lighting. Any lighting fixture or lighting installation
existing on the effective date of this chapter that does not conform
with the requirements of this chapter shall be considered as a lawful
nonconformance, subject to the following:
(a)
Unless minor corrective action is deemed by the Borough to be
an acceptable alternative, a nonconforming lighting fixture or lighting
installation shall be made to conform with the applicable requirements
of this chapter, when:
(9)
Recreation uses. The nighttime illumination of outdoor recreational
facilities for such aerial sports as outdoor riding arenas, baseball,
basketball, soccer, tennis, track and field, and football typically
necessitate higher than normally allowed fixture 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 Borough is satisfied that the health,
safety and welfare rights of nearby property owners and the Borough
as a whole have been properly protected. When recreational uses are
specifically permitted by the Borough for operation during hours of
darkness, the following requirements shall apply:
(a)
Lighting shall be accomplished through the use of fixtures conforming
to IESNA full-cutoff criteria.
(b)
Racetracks and such recreational venues as golf driving ranges,
trap-shooting facilities and outdoor riding arenas that necessitate
the horizontal, or near horizontal projection of illumination, shall
not be permitted to be artificially illuminated.
(c)
Recreational facilities for basketball, baseball, football,
soccer, miniature golf, tennis or track shall not be illuminated if
located within a residential district or sited on a nonresidential
property located within 1,000 feet of a property containing a residential
use.
(d)
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 11:00 p.m., regardless of such
occurrences as extra innings or overtimes.
(e)
Maximum mounting heights for recreational lighting shall be
in accordance with the following:
(f)
To assist in determining whether lighting will be permitted,
applications for illuminating recreational facilities shall be accompanied
not only with the information required in this section below, 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 fixture mounting heights, horizontal
and vertical aiming angles and fixture arrays for each pole locations.
[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 § 215-35I.
[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.
(10)
Exemptions:
(a)
Emergency lighting, used by police, fire-fighting, or medical
personnel, or at their direction, is exempt from all requirements
of this chapter for as long as the emergency exists.
(b)
Temporary lighting installations, which include but are not
limited to seasonal or holiday displays, carnivals, community fairs,
and traveling circuses, may be employed on a temporary basis not to
exceed 30 days in duration.
[1]
Editor's Note: Any inadvertent rescindment of Ord. No. 5-2011
by Ord. No. 2-2014, adopted 1-6-2014, was corrected 5-5-2014 by legislative
action of the Borough Council.
J.
Smoke. No emission of smoke shall be permitted from
any chimney or otherwise, except in full compliance with Pennsylvania
Department of Environmental Protection requirements.
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 ground water protection (see also Article XIII, Wellhead Protection Overlay District). All activities involving the possible contamination of surface or ground water 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 Borough 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 Borough may require a plan to be submitted for review and approval and may require security for ensuring contamination response. Monitoring wells and water quality testing may also be required by the Borough. 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 groundwater 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 2,500 feet of any portion of the property where the proposed use will be located.
O.
Waste materials. No liquid, solid, toxic or hazardous
waste shall be stored or disposed in any commercial 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 governments 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 regulations.
Q.
Settling and/or storage ponds and reservoirs. All
ponds, reservoirs or other such structures which are associated with
any manufacturing or industrial process, any sewage or waste disposal
process, or agricultural manure management operation 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 structure
which contains any material which is poisonous, toxic or caustic shall
be enclosed by a chain link fence not less than eight feet high.
R.
Security. In cases where deemed necessary by the Borough
(e.g., correctional facilities and drug treatment centers), 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, types 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 along with the type of care
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.
[Amended 12-2-2013 by Ord. No. 5-2013]
S.
Water supply. All uses shall be connected to the public
water system serving the Borough.
T.
Sewage disposal. Sewage disposal shall be provided
by a system meeting the needs of the proposed use and the requirements
of the Borough 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. Wastes discharged
to the Borough's central sewage collection and treatment system shall
meet all requirements established by the Borough's Municipal Authority.
U.
Other regulations. The Zoning Officer, Planning Commission,
Council 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
that 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, the Federal Office of Safety
and Health Administration, and the U.S. Environmental Protection Agency.
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 rodents and insects.
A.
The intent of this § 215-37 is to provide the identification of environmental and community impacts and means of mitigation of impacts of development projects in the Borough. An environmental impact statement (EIS) shall be required for the following types of developments and uses:
(1)
Industrial parks.
(2)
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 area.
(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.
B.
The requirements of this § 215-37 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 Borough, warrants the application of the study required herein in order to determine what conditions will be required to mitigate any adverse effects of the proposed use. The Council, Planning Commission, or Zoning Hearing Board, as the case may be, may waive certain components of the EIS if such components are 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 Borough 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,
to preserve trees and vegetation, and to protect watercourses, air
resources and aquifers.
D.
Contents of EIS. An EIS shall include a description
of the proposed use, including location relationship to other projects
or proposals, with adequate data and detail for the Borough 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.
E.
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:
(2)
Surface waters.
(a)
Distance of site from nearest surface water
and head waters of streams.
(b)
Sources of runoff water.
(c)
Rate of runoff from the site.
(d)
Destination of runoff water and method of controlling
downstream effects.
(e)
Chemical additives to runoff water on the site.
(f)
Submission of an erosion and sediment control
plan meeting the requirements of the PA DEP and the Monroe County
Conservation District.
(3)
Ground cover including vegetation and animal life.
(4)
Topographic and geologic.
(a)
Maximum existing elevation of site.
(b)
Minimum existing elevation of site.
(c)
Maximum proposed elevation of site.
(d)
Minimum proposed elevation of site.
(e)
Description of the topography of the site and
any special topographic features, and any proposed changes in topography.
(f)
Surface and subsurface geology.
(7)
Sewage disposal.
(12)
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, mature stands of native vegetation,
and aquifer recharge and discharge areas.
(13)
Historic resources. Identification of structures
or sites of historic significance and probable effect of the project.
(14)
Transportation network. Existing network traffic
volumes and capacities and need for improvements required by the project.
(15)
Law enforcement. Existing law enforcement capabilities
of the Borough and state, and assess the impact of the proposed development
on said law enforcement agencies along with actions proposed to mitigate
any burdens created by the development.
(16)
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.
(17)
Additional requirements. In addition to the
above requirements, the Planning Commission and/or Council or the
Zoning Hearing Board may require such other information as may be
reasonably necessary for the Borough to evaluate the proposed use
for its effect on the community.
F.
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.
G.
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
Borough Council or the Zoning Hearing Board, as the case may be.
H.
Procedures for evaluating the EIS.
(1)
Upon receipt of the application, the Borough shall
forward the EIS to the Borough Engineer and any other agency or firm
which the Borough may desire for consultation.
(2)
The above-mentioned agencies shall review the applicant's
EIS and report their comments to the Planning Commission and Council
or the Zoning Hearing Board.
(3)
The Planning Commission and/or Council or the Zoning
Hearing Board may require the opinion of experts in its review of
the EIS.
(4)
Fees for the costs of such consultation as described
in H(1) and H(3), above, shall be paid by the applicant.
(5)
Copies of the EIS shall be on file and available for
inspection in the Borough office.
(6)
The Planning Commission shall evaluate the proposed
project and the EIS and recommend action on same to the Council or
the 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 flood plains. The procedures and standards are as follows:
A.
Steep slope areas. Development on steep slopes shall
be prohibited. 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 Soil Conservation Service 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 professional engineer or registered land surveyor of the slope
in question.
B.
Buffers.
(2)
Buffer overlap. Where resource buffers may overlap,
the more restrictive requirements shall apply.
(3)
Preexisting lots or parcels/development in outer buffers.
In the case of legally preexisting lots or parcels (approved prior
to the effective date of this chapter) where the usable area of a
lot or parcel lies within an outer buffer area which precludes development
of the lot or parcel in accord with this chapter, the development
may only be permitted by variance.
(4)
Improvements to existing structures in outer buffers.
The provisions of this section do not require any changes or improvements
to be made to lawfully existing structures in buffers. However, when
any substantial improvement to a structure is proposed which results
in a horizontal expansion of that structure, the improvement may only
be permitted by variance.
(5)
Wetlands and vernal ponds.
(a)
Wetland identification. Wetlands shall be identified
in accord with the 1987 U.S. Army Corps of Engineers' Manual for Identifying
and Delineating Wetlands, and properly flagged and surveyed on site
to ensure they are protected.
(b)
Wetland and vernal pond buffer delineation.
A fifty-foot inner buffer and one-hundred-foot outer buffer, measured
perpendicular to and horizontally from the edge of the delineated
wetland or vernal pond for a total distance of 150 feet, shall be
maintained for all wetlands and vernal ponds.
[1]
Inner buffer. Measured perpendicular to and
horizontally from the edge of the delineated wetland or vernal pond
for a distance of 50 feet.
[a]
Stormwater conveyance required
by the Borough, buffer maintenance and restoration, the correction
of hazardous conditions, stream crossings permitted by DEP and unpaved
trails shall be permitted.
[b]
No other earth disturbance, grading,
filling, buildings, structures, new construction, or development shall
be permitted.
[2]
Outer buffer. Measured perpendicular to and
horizontally from the outer edge of the inner buffer for a distance
of 100 feet resulting in a total buffer of 150 feet.
[a]
Stormwater conveyance required by the Borough, buffer maintenance and restoration, the correction of hazardous conditions, stream crossings permitted by DEP, unpaved trails, and limited forestry activities that do not clear cut the buffer (e.g., selective regeneration harvest) in accord with a forestry management plan shall be permitted, provided no buildings are involved, and those activities permitted under Subsection B(3) and (4).
[b]
The area of the buffer impacted
shall not exceed 20% of the outer buffer.
(6)
Lakes and ponds.
(a)
Inner buffer. An inner buffer around lakes and
ponds shall not be required.
(b)
Lake and pond outer buffer delineation. A fifty-foot
outer buffer, measured perpendicular to and horizontally from the
edge of any water body, shall be maintained around any water body.
(c)
Permitted activities/development. Stormwater
conveyance required by the Borough, buffer maintenance and restoration,
the correction of hazardous conditions, lakefront views, boat docks
and unpaved trails shall be permitted, provided no buildings are involved.
The area of the buffer impacted by permitted activities shall not
exceed 35% of the buffer on the subject parcel.
(7)
Streams.
(a)
Stream buffer delineation. A fifty-foot inner
buffer and one-hundred-foot outer buffer, measured perpendicular to
and horizontally from the top-of-bank on both sides of any stream
for a total distance of 150 feet, shall be maintained on both sides
of any stream. (See figure below.)
[1]
Inner buffer. Measured perpendicular to and
horizontally from the top-of-bank of the stream for a distance of
50 feet.
[a]
Stormwater conveyance required
by the Borough, buffer maintenance and restoration, the correction
of hazardous conditions, stream crossings permitted by DEP, fish hatcheries,
wildlife sanctuaries and boat launch sites constructed so as not to
alter the floodplain cross section, and unpaved trails shall be permitted,
providing no buildings are involved.
[b]
No other earth disturbance, grading,
filling, buildings, structures, new construction, or development shall
be permitted.
 |
[2]
Outer buffer. Measured perpendicular to and
horizontally from the outer edge of the inner buffer for a distance
of 100 feet, resulting in a total buffer of 150 feet.
[a]
Stormwater conveyance required
by the Borough, buffer maintenance and restoration, the correction
of hazardous conditions, agricultural activities, plant nurseries,
parking lots constructed to existing grade, temporary fairs and carnivals,
accessory uses for residential purposes, private sportsmen's club
activities, athletic facilities, orchards, wildlife sanctuaries, boat
launch sites, stream crossings permitted by DEP and unpaved trails
shall be permitted, provided no buildings are involved.
[b]
In areas of the outer buffer which
are not wetlands, vernal ponds or slopes of more than 15%, stormwater
management facilities which improve the water quality of stormwater
discharge shall be permitted unless prohibited by other Borough or
state requirements.
[c]
No other earth disturbance, grading, filling, buildings, structures, new construction, or development shall be permitted, except as provided for in § 215-38B(3) and B(4).
[d]
Limited forestry activities that
do not clear cut the buffer (e.g. selective regeneration harvest)
in accord with a forestry management plan shall be permitted, provided
no buildings are involved.
C.
Floodplain management.
[Amended 1-7-2013 by Ord.
No. 2-2013]
(1)
General provisions.
(a)
Intent. This Subsection C is intended to:
[1]
Promote the general health, welfare, and safety of the community.
[2]
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
[3]
Minimize danger to public health by protecting water supply
and natural drainage.
[4]
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
[5]
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.
(b)
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, in addition to the authority provided by the Pennsylvania Municipalities Planning Code, this Subsection C is adopted as authorized by the Pennsylvania Flood Plain Management Act of 1978.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(c)
Applicability. This Subsection C shall apply to all new construction, development, and improvements, including the placement of fill material, in any identified floodplain area.
[1]
It shall be unlawful for any person, partnership, business or
cooperation to undertake, or cause to be undertaken, any construction
or development anywhere within the Borough of Mount Pocono unless
a permit has been obtained from the floodplain administrator.
[2]
A permit shall not be required for minor repairs to existing
buildings or structures unless required by other provisions of this
chapter.
(d)
Warning and disclaimer of liability.
[1]
The degree of flood protection sought by the provisions of this Subsection C is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study.
[2]
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 Subsection C 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.
(e)
Abrogation and greater restrictions. This Subsection C 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 Subsection C, the more restrictive shall apply.
(f)
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Subsection C shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the chapter, which shall remain in full force and effect, and, for this purpose, the provisions of this Subsection C are hereby declared to be severable.
(2)
Administration.
(a)
Designation of the floodplain administrator. The Borough of Mount Pocono Zoning Officer is hereby appointed to administer and enforce this Subsection C and is referred to herein as the "floodplain administrator."
(b)
Zoning permits required. A zoning permit shall be required before
any construction or development is undertaken within any area of the
Borough of Mount Pocono, including identified floodplain areas.
(c)
Duties and responsibilities of the floodplain administrator. In addition to the duties and responsibilities of the Zoning Officer established by this Subsection C, the floodplain administrator shall:
[1]
State and federal law. Prior to the issuance of any permit,
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 U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
[2]
Construction codes. The floodplain administrator shall consider
the requirements of the 34 Pa. Code and the 2009 IBC and the 2009
IRC or latest revisions thereof.
(3)
Application procedures and requirements. Applications shall be made in accord with § 215-104 of this chapter and, in addition to the information required by § 215-104C, applications shall included 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)
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 demonstrate that:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform with 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.
(d)
In addition to those items required pursuant to § 215-105C(3)(c), the following data and documentation is required:
[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
a special flood hazard area, 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]
Detailed information needed to determine compliance with § 215-38C(13)(i), Storage, and § 215-38C(6)(d)[8], Development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 215-38C(13)(i) and § 215-38C(6)(d)[8] which are intended to be used, produced, stored or otherwise maintained on site.
[b]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 215-38C(13)(i) during a base flood.
[5]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[6]
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.
(e)
In addition to those items required pursuant to § 215-105C(3)(c), plans shall include the following:
(4)
Basic development standard. In floodplain areas, only the following
types of activities/development will be permitted:
(a)
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.
(b)
Activities/development permitted under Title 25, Chapter 105,
of the Pennsylvania Code, or conveyances required by Title 25, Chapter
102.
(5)
Identification of floodplain areas.
(a)
Identification.
[1]
The identified floodplain area shall be any areas of the Borough
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]
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Borough and declared to
be part of this subsection.
(b)
A Areas.
[1]
Shall be 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.
[2]
In lieu of the above, the Borough may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality.
(c)
Changes in identification of area. The floodplain area may be
revised or modified by the Borough where studies or information provided
by a qualified agency or person documents 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 FEMA of changes to the special flood hazard area by submitting
technical or scientific data.
(d)
Boundary disputes. Should a dispute concerning any identified
floodplain boundary arise, the 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.
(6)
Prohibited development. In floodplain areas, the following shall
be prohibited:
(a)
Buildings. All walled and roofed buildings.
(b)
Any new construction or development that will in any manner
retard, divert or alter the natural flow of floodwaters on the site,
except activities permitted by the Pennsylvania Department of Environmental
Protection under Title 25, Chapter 105, of the Pennsylvania Code,
or conveyances required by Title 25, Chapter 102.
(c)
No new construction or development shall be permitted within the area measured 50 feet landward from the top-of-bank of any watercourse, except as permitted per § 215-38B(7).
(d)
Developments of special concern.
[2]
Manufactured home park or subdivision. The commencement of,
or any construction of, a new manufactured home park or manufactured
home subdivision, or substantial improvement to an existing manufactured
home park or manufactured home subdivision.
[3]
Mobile home park. The commencement of, or any construction of,
a new mobile home park or substantial improvement to an existing mobile
home park.
[4]
Recreational vehicles. The parking of recreational vehicles.
[5]
Fill. The placement of fill material that is not associated
with a permitted activity.
[6]
Sewage disposal. On-lot or community subsurface sewage disposal
systems.
[7]
Mineral extraction. Structures associated with mining or oil
and gas production, i.e., water storage, fluid containment, or well
pads.
[8]
Dangerous materials or 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:
[a]
Acetone.
[b]
Ammonia.
[c]
Benzene.
[d]
Calcium carbide.
[e]
Carbon disulfide.
[f]
Celluloid.
[g]
Chlorine.
[h]
Hydrochloric acid.
[i]
Hydrocyanic acid.
[j]
Magnesium.
[k]
Nitric acid and oxides of nitrogen.
[l]
Petroleum products (gasoline, fuel oil, etc.).
[m]
Phosphorus.
[n]
Potassium.
[o]
Sodium.
[p]
Sulfur and sulfur products.
[q]
Pesticides (including insecticides, fungicides,
and rodenticides).
[r]
Radioactive substances, insofar as such substances
are not otherwise regulated.
[s]
Any other substance as determined by the Borough.
(7)
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 § 215-38C(4):
(a)
Agricultural activities.
(b)
Plant nurseries.
(c)
Forestry and seed production.
(d)
Parking lots constructed to existing grade.
(e)
Fish hatcheries.
(f)
Temporary fairs or carnivals.
(g)
Accessory uses for residential purposes.
(h)
Private sportsmen's club activities (for example, archery,
hunting, horse shoes, etc.).
(i)
Athletic facilities.
(j)
Orchards.
(k)
Wildlife sanctuaries.
(l)
Boat launch sites constructed to existing grade.
(m)
Unpaved trails.
(n)
Stream crossings permitted by DEP.
(8)
Unspecified activities/development. Any activity/development not expressly permitted in § 215-38C(7) shall only be permitted by variance and shall be undertaken only in full compliance with § 215-38C(12) and § 215-38C(13). However, no activity/development shall be permitted which involves any activity/development expressly prohibited by § 215-38C(6).
(9)
Watercourses; stream banks.
(a)
Alteration or relocation of watercourse.
[1]
Alteration or relocation of watercourse.
[a]
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 Borough with proof of the required notifications and copies of
any responses.
[b]
No encroachment, alteration, or improvement of
any kind shall be made to any watercourse unless it can be shown that
the activity will not reduce or impede the flood-carrying capacity
of the watercourse in any way.
[2]
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.
(b)
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:
(10)
Existing structures in floodplain area. The provisions of this § 215-38C 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:
(a)
Substantial improvement. Any substantial improvement to an existing
structure shall be prohibited in any floodplain area.
(b)
Expansion or enlargement. 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 A Area unless necessary
permits are obtained from the Department of Environmental Protection
regional office.
(c)
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 § 215-38C(6)(d)[8].
(d)
Less than substantial improvement. 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.
(e)
Repetitive loss. Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of repetitive loss shall only be permitted by variance and shall be undertaken only in full compliance with § 215-38C(10) and § 215-38C(11).
(f)
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.
(11)
Newly created lots or parcels.
(a)
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 useable area of a lot or parcel partially within any identified floodplain area is found to be inadequate for the proposed development, any prohibited development listed in § 215-38C(6) may only be permitted by variance in accord with § 215-38C(12).
(b)
Newly created lots or parcels.
[1]
After the effective date of this Subsection C, every lot or parcel created for development purposes shall contain an area adequate for the proposed use outside of a floodplain area, except as provided in Subsection C(11)(b)[2], below. The subdivision plan and deed for any such lot or parcel shall include a restriction that the lot or parcel shall not be used for any development which does not comply with the Borough floodplain regulations in effect when such development is proposed.
[2]
After the effective date of this Subsection C, the subdivision plan and deed for any lot or parcel created for non-development purposes (e.g., forestry or agriculture) which contains any identified floodplain area shall include a restriction that the lot or parcel shall not be used for any development which does not comply with the Borough floodplain regulations in effect when such development is proposed.
[3]
No variance shall be granted for any development in any floodplain area contained within any lot or parcel created after the effective date of this Subsection C. No variance shall be granted for any development in any floodplain area contained on any development plans submitted after the effective date of this Subsection C.
[4]
All subdivision proposals at least 50 lots or at least five
acres, whichever is the lesser, 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 flood way information. The analyses shall be prepared by a licensed
professional engineer in a format required by FEMA for a conditional
letter of map revision or letter of map revision. Submittal requirements
and processing fees shall be the responsibility of the applicant.
(12)
Variances. If compliance with any of the requirements of this Subsection C would result in an exceptional hardship to a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 215-110 and the following:
(a)
Alternatives analysis. No variance shall be granted until the
applicant has performed an alternatives analysis to find practicable
alternatives to development in the floodplain area.
(b)
A Areas. 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 A Area
unless necessary permits are obtained from the Department of Environmental
Protection regional office.
(c)
Design and construction standards. Any development permitted by variance shall comply with the requirements of § 215-38C(13) and all other applicable requirements of the National Flood Insurance Program.
(d)
Developments of special concern. No variance shall be granted for any development of special concern identified in § 215-38C(6)(d)
(e)
Newly created lots or parcels. No variance shall be granted for any development in any identified floodplain area contained within any lot or parcel created after the effective date of this Subsection C.
(g)
Review factors. In reviewing any request for a variance, the
Zoning Hearing Board shall consider that the granting of the variance
will not:
(h)
Record. A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year under this § 215-38C(12) shall be included in the annual report to FEMA.
(13)
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
floodplain area:
(a)
Residential and nonresidential structures.
[1]
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 § 215-38C(5)(a) of this chapter.
[2]
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.
(b)
Space below the lowest floor.
[1]
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.
[2]
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[a]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
(c)
Manufactured homes.
[2]
Installation of manufactured homes shall be done in accordance
with the manufactures' 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 U.S. 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 Chapter 401 to 405.
[3]
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.
(d)
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:
[1]
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles or to the storage
of tools, material, and equipment related to the principal use or
activity.
[2]
Floor area shall not exceed 100 square feet.
[3]
The structure shall have a low damage potential.
[4]
The structure shall be located on the site so as to cause the
least obstruction to the flow of floodwaters.
[5]
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
[6]
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
[7]
Sanitary facilities are prohibited.
[8]
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of 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:
[a]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
(e)
Fill. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from
all points;
[2]
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
[3]
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
[4]
Be no steeper than one vertical foot to two horizontal feet
unless substantiated data justifying steeper slopes are submitted
and approved by the Borough; and
[5]
Be used to the extent to which it does not adversely affect
adjacent properties.
(f)
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 Borough stormwater control requirements.
The system shall insure 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.
(g)
Water and sanitary sewer facilities and systems.
[1]
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
[2]
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site sewage system shall be located within
any identified floodplain area.
(h)
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.
(i)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life and not listed in § 215-38C(6)(d)[8] shall be stored at or above the regulatory flood elevation.
(j)
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.
(k)
Anchoring.
[1]
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
[2]
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(l)
Floors, walls and ceilings.
[1]
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
[2]
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
[3]
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
[4]
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(m)
Paints and adhesives.
[1]
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
[2]
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
[3]
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
(o)
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.
(p)
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.
(14)
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
DEVELOPMENT
FLOOD
FLOOD INSURANCE RATE MAP
FLOOD INSURANCE STUDY
FLOODPLAIN AREA
FLOODWAY
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
NEW CONSTRUCTION
RECREATION VEHICLE
(a)
(b)
(c)
(d)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
VIOLATION
Definitions. Words and phrases in this Subsection C shall have the meanings set forth in this subsection. Words and phrases not defined in this Subsection C but defined in § 215-12 shall be given the meanings set fort in § 215-12. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called the "100-year flood"). See Identification
of Floodplain section.
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a 1% 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 man-made change to improved or unimproved real estate,
including, but not limited, to the construction, reconstruction, renovation,
repair, expansion, or alteration of the 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 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.
Any area of the Borough, classified as special flood hazard
areas (SFHAs) 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.
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.
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 Subsection C.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers and other similar vehicles
which are placed on the site for more than 180 consecutive days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after January 7, 2013, and includes any subsequent improvements
to such structures. Any construction started after May 28, 1982, the
effective date of community's first floodplain management ordinance
adopted by the community, and before January 7, 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 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 permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation plus a freeboard safety factor of
1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions for which the cost of repairs at the time of each such flood
event, on average, equals or exceeds 25% of the market value of the
structure before the damages occurred.
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the FIRM as Zone A,
AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided 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.
Anything constructed or erected on the ground or attached
to the ground including, but not limited to, buildings, sheds, manufactured
homes, fences, walls, storage tanks, and other similar items. This
term includes any man-made object having an ascertainable stationary
location on or in land or water whether or not affixed to land.
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
or repetitive loss, regardless of the actual repair work performed.
The term does not, however, include any project for improvement of
a structure to correct existing violation of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are minimum necessary
to assure safe living conditions. Historic structures undergoing repair
or rehabilitation that would constitute a substantial improvement,
as defined in this subsection, must comply with all ordinance requirements
that do not preclude the structure's continued designation as
a historic structure. Documentation that specific ordinance requirements
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.
B.
Permit. Any activity which will result in the earth disturbance of more than 2,500 square feet of land area shall require a zoning permit. This § 215-39 shall not apply to:
C.
Plan. The applicant shall include with the application
for a zoning permit a plan setting forth the details of the earth
disturbance and including any additional information deemed necessary
by the Borough to determine compliance.
D.
Soil erosion and sedimentation and stormwater control.
Any earth disturbance shall comply with all applicable Borough, state
and federal regulations.
E.
Drainage. Any excavations for the removal of topsoil
or other earth products must be adequately drained to prevent the
formation of pools of water and shall not create drainage problems
for adjacent properties or public streets.
F.
Excavation. Unless specifically permitted, open excavations
shall not be maintained, except those excavations made for the erection
of a building or structure for which a permit has been issued.
G.
Storage piles. Excavation materials shall not be stored
in piles on a property for more than one year before being redistributed
and graded on the property or removed from the property.
H.
Dust. Dust problems shall be minimized during the
excavation, storage, removal, and hauling of excavated materials.
I.
Bedrock disturbance; aquifer protection. In cases
where any earth disturbance will result in the excavation of bedrock,
the Borough 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 and how such impacts will be mitigated.
J.
Revegetation/reforestation. The plan shall include
provisions for the revegetation, stabilization, and/or reforestation
of any disturbed areas.
K.
Soil suitability. Disturbed areas shall be prepared
for revegetation using soil in an amount and of a type necessary to
support the vegetation.
A.
It is the intent of this section to preserve the character
of the Borough 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. This section
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 Borough.
B.
Natural vegetation. In order to minimize soil erosion
and stormwater runoff, natural vegetation shall be maintained to the
greatest extent possible.
(1)
Clearing of vegetation shall be limited to those areas
of the site approved 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 Borough, where the same are determined by the Borough as necessary
to protect adjoining uses.
C.
Buffer areas. In addition to the requirements of § 215-40B, the following requirements shall apply to all parcels in all districts:
(1)
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. 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. This buffer shall be
maintained until such time as a development plan is approved for the
parcel in accord with this chapter.
(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 Borough. For the purposes of installation, landscaping shall be considered an improvement in accord with Chapter 187, 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.
A.
Traffic impact studies are required for certain activities,
to enable the Borough to assess the effect on the transportation system
in and around the Borough and to:
(1)
Ensure that proposed uses do not adversely affect
the transportation network.
(2)
Identify any traffic problems associated with site
access.
(3)
Determine traffic problems on private, Borough, county
or state roads in the project traffic study area.
(4)
Assist in the protection of the safety of the motoring
public, air quality, and energy conservation.
B.
TIS requirement.
(1)
Thresholds. A TIS shall be required for all subdivisions
and land developments that, at buildout, are projected to generate
50 or more trip-ends per project peak hour or 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. The Council may also, based on the
recommendation of the Planning Commission and information supplied
in a site plan or permit application, make a finding that there are
potential traffic issues due to the nature of the specific business
or site. The finding shall specifically set forth the basis of the
Council's concerns and the specific issues involved. A TIS may be
required in such instances to address those specific traffic issues
even though the total traffic is less than the specified thresholds.
The scope of such a TIS shall, however, be confined to such issues.
C.
Professional requirements. The TIS shall be prepared
by a registered professional traffic engineer or transportation planner
with verifiable experience in preparing such studies.
D.
Study methodology and area.
(1)
Methodology. The TIS shall be in accord with the Institute
of Transportation Engineers' recommended methodology and Pennsylvania
Department of Transportation guidelines.
(2)
Study area. The study area for the traffic study shall
be based on engineering criteria and an understanding of existing
traffic conditions at the site. It shall represent that area likely
to be affected by the development, where highway users are likely
to experience a change in the existing level of service. The study
limits shall be initially agreed upon by the developer, his engineer
and the Borough's Engineer. The study area shall be specifically subject
to the approval of the Council with the advice of the Borough Engineer
and/or a qualified traffic engineer.
E.
Study contents. The TIS shall contain the following
elements:
(1)
The study area boundary and identification of the
roadways included within the study area.
(2)
A general site description, including:
(a)
Size, location, existing and proposed land uses
and dwelling types, construction staging, and completion date for
the proposed project.
(b)
Existing land uses, approved and recorded subdivision
and land developments, and subdivisions and land developments proposed
but not yet approved and recorded in the study area that are agreed
upon by the developer, his traffic engineer, and the Borough's Engineer
as having bearing on the development's likely impact.
(c)
Within the study area, a description of existing
roadways and intersections (geometrics and traffic signal control)
as well as improvements contemplated by government agencies or private
parties.
(3)
An analysis of existing conditions, including:
(a)
Daily and peak hour(s) traffic volumes. Schematic
diagrams depicting daily and peak hour(s) traffic volumes shall be
presented for roadways within the study area. Turning movement and
main-line volumes shall be presented for the three peak-hour conditions
(a.m., p.m. and site generated). However, only main-line volumes are
required to reflect daily traffic volumes. The source and/or method
of computation for all traffic volumes shall be included.
(b)
Volume/capacity analyses at critical points.
Utilizing techniques described in the Highway Capacity Manual Transportation
Research Board Special Report 209 (1985 or latest edition) or derivative
monographs, an assessment of the relative balance between roadway
volumes and capacity are to be described. The analysis shall be performed
for existing conditions (roadway geometry and traffic signal control)
for the appropriate peak hours.
(c)
Level of service at critical points. Based on
the results obtained in the previous subsection, levels of service
(A through F) shall be computed and presented, along with a description
of typical operating conditions at each level of service.
(d)
Accident locations. A tabulation of accident
locations during the most recent three-year period.
(4)
An analysis of future conditions without the proposed
development. The future year(s) for which projections are made will
be specified by the Borough and will be dependent on the timing of
the proposed development. The following information shall be included:
(a)
Daily and peak-hour(s) traffic volumes. This
section shall clearly indicate the method and assumptions used to
forecast future traffic volumes. Regardless of the methods and other
assumptions used, no TIS shall assume less than two-percent-per-year
growth in traffic levels without the proposed development unless there
are particular limitations applicable to a given highway that prevent
such growth from being realized (e.g., a dead-end road with no room
for further development). Schematic diagrams depicting projected future
daily and peak-hour(s) traffic volumes shall be presented for the
roadways within the study area. Projected turning movement and main-line
volumes shall be presented for the three peak-hour conditions (a.m.,
p.m. and site generated). The source and/or method of computation
for all projected traffic volumes shall be included.
(b)
Volume/capacity analyses at critical locations.
The ability of the existing roadway system to accommodate future traffic
(without site development) shall be described in this section. If
roadway improvements or modifications are committed for implementation,
the volume/capacity analysis shall be presented for these conditions.
(c)
Levels of service at critical points. Based
on the results obtained in the previous subsection, levels of service
(A through F) shall be determined.
(5)
Trip generation. The amount of traffic generated by
the site shall be presented in this section for daily and the three
peak-hour conditions (a.m., p.m. and site generated). The trip-generation
rates used in this phase of the analysis shall be justified and documented
to the satisfaction of the Council. Trip Generation (latest edition)
published by the Institute of Transportation Engineers shall be used
unless the Council approves other studies.
(6)
Trip distribution. The direction of approach for site-generated
traffic shall be presented in this section for the appropriate time
periods. As with all technical analysis steps, the basic method and
assumptions used in this work shall be clearly stated in order that
the Borough can replicate these results.
(7)
Traffic assignment. This section shall describe the
utilization of study-area roadways by site-generated traffic. The
proposed traffic volumes shall then be combined with the projected
future traffic volumes without the project to describe main-line and
turning movement volumes for future conditions with the site developed
as the applicant proposed.
(8)
Analysis of future conditions with development. This
section shall describe the adequacy of the roadway system to accommodate
future traffic with development of the site. Any unique characteristics
of the site or within the study (i.e., holiday shopping) affecting
traffic shall be considered. If staging of the proposed development
is anticipated, analysis for each stage of completion shall be made.
The following information shall be included:
(a)
Daily and peak-hour(s) traffic volumes. Main-line
and turning-movement volumes shall be presented for the highway network
in the study area as well as driveways for the appropriate time periods.
(b)
Volume/capacity analysis at critical points.
A volume/capacity analysis comparable to those required above for
existing conditions and projected future conditions without the project
shall be performed for the appropriate peak hours for future conditions
with the site developed as proposed.
(c)
Levels of service at critical points. As a result
of the volume/capacity analysis, the level of service on the study-area
roadway system shall be computed and described in this section.
(9)
Recommended improvements. If the analysis indicates
that unsatisfactory levels of service (levels of service D, E or F)
as described in Highway Capacity Manual (Transportation Research Board
Special Report 209, 1985 or latest edition) will occur on study-area
roadways, a description of proposed improvements to remedy deficiencies
shall be included in this section. Such proposals shall not include
committed projects by the Borough and state that have been described
and analyzed as required above. The following information shall be
included:
(a)
Proposed recommended improvements. Describe
the location, nature and extent of proposed improvements to assure
sufficient roadway capacity. Accompanying this list of improvements
shall be preliminary cost estimates.
(b)
Signs. Specific recommendations shall be included
for the placement of traffic control signs (e.g., stop signs, speed
limit signs, no parking signs, etc.) conforming to state and Borough
regulations.
(c)
Volume/capacity analysis at critical points.
Another iteration of the volume/capacity analysis shall be described
which demonstrates the anticipated results of making these improvements.
(d)
Levels of service at critical points. As a result
of the revised volume/capacity analysis presented in the previous
subsection, levels of service for the highway system with improvements
shall be presented.
(10)
Conclusion. The last section of the report shall
include a clear, concise description of the study findings.
(11)
Implementation. All traffic improvements or
improved levels of service shall be incorporated into the subdivision
plan and/or land development plan and implemented and installed at
the applicant's expense as permitted by law.
