A.
The lot and yard requirements for any new building
or use shall not include any part of a lot that is required by any
other building or use to comply with the requirements of this chapter.
No required lot or area shall include any property, the ownership
of which has been transferred subsequent to the effective date of
this chapter, if such property was a part of the area required for
compliance with the dimensional requirements applicable to the lot
from which such transfer was made.
B.
No portion of a principal building or structure shall
be built within the minimum depth of front, side or rear yards as
specified by this chapter. Driveways are permitted in yards.
If the alignment of existing buildings on either
side of a lot and within a distance of 50 feet of the proposed building
and fronting on the same side of the same street in the same block
is nearer to the street than the required front yard, the Borough
Council may accept the average of such existing front yards as the
required front yard for the proposed building.
[Amended 3-12-1996 by Ord. No. 266; 4-14-2015 by Ord. No. 361; 10-13-2015 by Ord. No. 368;5-8-2018 by Ord. No.
386]
No building shall exceed a height of 35 feet, except as provided
in the following and except as provided in other provisions of this
chapter.
A.
The height limitations specified for each district
in this chapter shall not apply to the following: church steeples,
belfries, cupolas, monuments, or flagpoles. The maximum height for
these structures shall not exceed 50 feet, and the minimum setback
from the base of any such structure and any property line shall not
be less than 50 feet.
A.
Principal buildings, structures, or uses shall be
established only on lots with frontage on a public street or road
improved to meet Borough standards. The length of the lot frontage
along a street shall be no less than 25 feet. Lot width shall be measured
at the minimum building setback line and shall be equal to the minimum
lot width required for the use and district except as permitted for
lane lots.
B.
Lane lots. Lane lots are lots which have access by
means of a strip of land or lane connecting the lot to the road but
which do not have the required minimum lot width at the required front
yard line; they shall not be permitted, except under the following
conditions:
(1)
Lane lots will be permitted for single-family detached
units only.
(2)
The minimum lot area required shall be exclusive of
the area of the lane.
(3)
Each lane lot shall have its own lane which shall
be owned by the lot owner in fee simple.
[Amended 4-14-2015 by Ord. No. 361]
(4)
The width of the lane portion of the lot may not be
less than 25 feet.
(5)
The minimum front yard setback for the structure shall
measured from the point where the lot first reaches the minimum lot
width from the applicable use or district.
On a corner lot or at a point of entry on a public road, nothing shall be erected, placed or allowed to grow in a manner which obscures vision. The requirements for a clear sight triangle, as specified in Chapter 385, Subdivision and Land Development, of the Code of the Borough of New Britain, shall be met.[1]
[Amended 9-14-1999 by Ord. No. 281]
A.
General standards. Lights for all nonresidential uses
shall be designed to minimize undesirable off-premises effects. Outdoor
illumination in all districts shall be diffused or shielded in such
a manner as not to create any hazardous situations for passing vehicular
traffic or a nuisance to persons residing in the area. No use shall
produce glare off the premises by illumination originating on the
premises. No bare or direct light source shall be visible beyond the
lot lines. This applies to all pole-mounted lights, building-mounted
lights, sign lights, walkway lights, and any other type of illumination.
No light shall shine directly into windows or onto streets and driveways
off the premises. These standards shall not apply to decorative lights
that are temporarily displayed during seasonal holidays.
B.
Types of pole-mounted lights permitted. Lighting shall
be provided by fixtures with a height not more than 15 feet in all
zoning districts. Height shall be measured from the ground to the
uppermost point of the light fixture. Light fixtures shall be a shoebox-type
fixture where the light source is not visible from the property line.
Borough Council may consider other types of light fixtures, instead
of the shoebox type, if the light source is not visible or if it can
be shielded in a satisfactory manner.
C.
Lighting plan required. Any outdoor lighting such
as pole-mounted, building, sign, canopy, or sidewalk illumination,
and driveway lights, shall be shown on the lighting plan in sufficient
detail to allow determination of the effects to adjacent properties,
traffic safety and overhead sky glow. The Borough must approve the
lighting plan prior to final plan approval.
D.
Light at the property line. Illumination from light originating on
the site shall not exceed 0.3 footcandle at the lot line. Overhead
light pollution caused by unshielded or bright lights shall not be
permitted. No light shall shine directly into windows or onto streets
and driveways in such a manner as to interfere with or distract driver's
vision or be a nuisance to property owners or residents.
[Amended 5-8-2018 by Ord.
No. 386]
A.
A lot with frontage on two or more streets (corner
lots and through lots) shall have a building set back from each street
not less than the required front yard. In cases of a corner lot, a
rear yard is required, but such yard may be any yard not facing a
public street. The remaining yard shall be a side yard. In cases of
through lots, one yard shall be designated on the plans as the rear
yard and one yard as a front yard for purposes of locating accessory
buildings.
B.
Lots with three sides shall have one front yard, one
side yard, and one rear yard.
Outdoor collection stations shall be provided
for garbage and trash removal. Trash container enclosures shall be
screened from all adjoining properties and shall be located a minimum
of 20 feet from any property line and shall not be located within
any required buffer. These stations shall be located to the rear of
the structure and shall be screened from view and landscaped. Trash
containers shall not be located between the street and the front of
any building.
A.
All applicants for subdivision, land development or
building permits shall meet the following standards of environmental
protection. Site alterations, regrading, filling, or clearing of vegetation
prior to the submission of plans for development shall be a violation
of this chapter.
(1)
Floodplains. Areas identified as within the floodplain of the one-hundred-year recurrence flood shall not be altered, regraded, filled or built upon except in conformance with § 450-41, Floodplain regulations. The floodplain area shall be those areas which are subject to the one-hundred-year flood as identified in the Flood Insurance Study dated May 18, 1999, and the accompanying maps prepared by the Federal Emergency Management Agency, or the most recent revision thereof. It is the intent of this chapter to prohibit any building in or disturbance of the floodplain except where relief has been granted in accordance with this chapter.
[Amended 5-11-1999 by Ord. No. 280]
(2)
Floodplain soils. All such areas shall not be altered, regraded, filled or built upon except in conformance with § 450-41, Floodplain regulations. Where a floodplain has been delineated, this line shall be used the define the floodplain rather than floodplain soils lines.
[Amended 5-11-1999 by Ord. No. 280]
(3)
Steep slopes. In areas of steep slopes, the following
standards shall apply:
(4)
Forest or wooded areas. No more than 20% of any forest or wooded areas, as defined by this chapter, and the associated understory plants and trees may be cleared or developed. The remaining 80% shall be preserved and protected. This restriction also applies to the provisions of § 450-51C.
[Amended 4-13-1999 by Ord. No. 279]
(5)
Lakes, ponds, waters of the commonwealth, or watercourses.
These areas shall not be altered, regraded, developed, filled, piped,
diverted, or built upon except as specifically authorized herein and/or
where required permits and approvals have been obtained authorizing
such activities form the Department of Environmental Protection and/or
the U.S. Army Corps of Engineers.
(6)
Large trees. Trees measuring 16 inches or more in
diameter shall be preserved or shall be replaced where preservation
is not feasible. For every tree which exceeds 16 inches in diameter
which is removed, replacement trees with a minimum diameter of three
inches shall be planted on the site so that the total diameter-inches
of replacement trees is equal to 1/2 the total diameter-inches of
trees removed.
(7)
Wetlands. Wetlands shall not be altered, regraded,
developed, filled, piped, diverted, or built upon except as specifically
authorized herein and/or where required permits and approvals have
been obtained authorizing such activities form the Department of Environmental
Protection and the U.S. Army Corps of Engineers.
B.
Protection of areas with natural resource restrictions.
(1)
Areas with natural resource restrictions due to slopes, woodlands, wetlands, floodplains, floodplain soils, streams, watercourses, and tree protection areas should be left undisturbed to the extent specified herein and not occupied by structures, driveways, on-lot septic systems or other improvements. No portion of the building envelope or yard areas in which parking or accessory structures are permitted shall be occupied by natural resources as defined above. This area shall not include any lands which have a resource protection requirement of 100%, nor shall this area contain any portion of those resource restricted lands that may not be developed or disturbed in accordance with § 450-38A.
(2)
Areas outside of the building envelope of the lot
(the area of the lot excluding all required yard areas, setbacks,
and easements) may contain natural resources as defined herein, provided
that those areas so affected must be identified on the recorded plans
for the subdivision or land development or on the building permit
application and shall be subject to a deed restriction to prevent
any disturbance or development of these areas.
B.
Buffer.
(1)
A completely planted visual barrier or landscape screen
of sufficient density and height to constitute an effective screen
shall be provided and maintained in the following locations:
(a)
Between the C-1, SC, C-2, C-3, HC, E-I, C-U,
LI, MUO and West Butler MUO Districts and any other residential district
(R-1, R-2, MHP, and VH) or property in residential use; buffer width
shall be not less than 25 feet.
[Amended 3-12-1996 by Ord. No. 266; 4-18-2016 by Ord. No. 373; 10-9-2018 by Ord. No. 391; 2-8-2022 by Ord. No. 417]
(2)
The buffer shall be planted along the side and rear
property lines and may be located within the required side or rear
yard setbacks. Where existing planting, topography, or man-made structures
are deemed acceptable for screening purposes by Borough Council, the
number of plants required may be reduced. The buffer shall be met
by the applicant for subdivision or land development approval on his/her
lot.
C.
Landscaped fencing required around uses. A solid fence not exceeding six feet in height shall be provided around uses which are required by Article IV to have a separation from surrounding properties. A required fence shall have along the exterior perimeter a planting area containing trees and hedges designed to provide a year-round landscaped area to add to the visual screening.
D.
Any portion of a lot in nonresidential use which is
not used for buildings, structures, parking, aisles, sidewalks, or
designated storage areas shall be planted with an all-season ground
cover and shall be landscaped according to an overall plan.
E.
All mechanical and electrical equipment not enclosed
in a structure shall be fully screened from view from any point in
a manner compatible with the architectural and landscaping style of
the lot.
F.
Plant materials list. The following plant materials
are acceptable for street tree plantings and buffer plantings. Minimum
sizes of trees to be planted are specified. Borough Council may permit
other plant types if they are hardy to the area, are not subject to
blight or disease, and are of the same general character and growth
habit as those listed below. All planting material shall meet the
standards of the American Association of Nurserymen.
|
Canopy trees (2 1/2 inch caliper)
| ||||
|
Acer ginnala - Amur maple
| ||||
|
Acer rubrum - Red maple
| ||||
|
Acer saccharum - Sugar maple
| ||||
|
Betula alba - European white birch
| ||||
|
Betula papyrifera - Paper birch
| ||||
|
Fagus grandifolia - American beech
| ||||
|
Fagus sylvatica - European beech
| ||||
|
Fraxinus americana - White ash
| ||||
|
Fraxinus Pennsylvania lanceolata - Green ash
| ||||
|
Gleditsia triacanthos inermis - Thornless honeylocust
| ||||
|
Liquidambar syraciflua - Sweet gum
| ||||
|
Liriodendron tulipifera - Tulip tree
| ||||
|
Phellodendron amurense - Amur cork tree
| ||||
|
Platanus acerifolia - London plane tree
| ||||
|
Quercus alba - White oak
| ||||
|
Quercus borealis - Red oak
| ||||
|
Quercus coccinea - Scarlet oak
| ||||
|
Quercus palustris - Pin oak
| ||||
|
Quercus phellos - Willow oak
| ||||
|
Robina psuedoacacia inermis - Thornless black
locust
| ||||
|
Sophora japonica - Japanese pagoda tree
| ||||
|
Tilia - Linden - all species hardy to the area
| ||||
|
Zelkova serrata - Japanese Zelkova
| ||||
|
Flowering trees
| ||||
|
Amelanchier canadensis - Shadblow serviceberry
|
5-6 feet
| |||
|
Cornus florida - Flowering dogwood
|
5-6 feet
| |||
|
Cornus kousa - Kousa dogwood
|
5-6 feet
| |||
|
Cornus mas - Cornelian cherry dogwood
|
5-6 feet
| |||
|
Crataegus phaenopyrum - Washington hawthorn
|
5-6 feet
| |||
|
Koelreuteria paniculata - Golden rain tree
|
8-10 feet
| |||
|
Laburnum vossi - Goldenchain tree
|
8-10 feet
| |||
|
Magnolia soulangeana - Saucer magnolia
|
5-6 feet
| |||
|
Magnolia virginiana - Sweetbay magnolia
|
5-6 feet
| |||
|
Malus baccata - Siberian crab
|
8-10 feet
| |||
|
Malus floribunda - Japanese flowering crab
|
8-10 feet
| |||
|
Malus hopa - Hopa red-flowering crab
|
8-10 feet
| |||
|
Oxydendrum arboreum - sourwood
|
5-6 feet
| |||
|
Prunus kwanzan - Kwanzan cherry
|
8-10 feet
| |||
|
Prunus yedoensis - Yoshino cherry
|
8-10 feet
| |||
|
Pyrus calleryana Bradford - Callery pear
|
8-10 feet
| |||
|
Evergreens (4–5 feet)
| ||||
|
Ilex opaca - American holly
| ||||
|
Picea abies - Norway spruce
| ||||
|
Picea omorika - Siberian spruce
| ||||
|
Picea pungens - Colorado spruce
| ||||
|
Pinus nigra - Austrian pine
| ||||
|
Pseudotsuga menziesii - Douglas fir
| ||||
|
Hedge
| ||||
|
Crataegus intricata - Thicket hawthorn
|
3–4 feet
| |||
|
Forsythia intermedia - Border forsythia
|
4–5 feet
| |||
|
Rhamnus frangula Columnaris - Tallhedge buckthorn
|
3–4 feet
| |||
|
Syringa chinensis - Chinese lilac
|
3–4 feet
| |||
|
Syringa vulgaris - Common lilac
|
4–5 feet
| |||
|
Viburnum alatus - Viburnum
|
4–5 feet
| |||
|
Shrubs
| ||||
|
a.
|
Juniperus virginiana - Upright juniper
|
4–5 feet
| ||
|
Pyracantha lalandi - Laland firethorn
|
5–6 feet
| |||
|
Taxus capitata - Upright yew
|
2 1/2–3 feet
| |||
|
Taxus hicksii - Hicks yew
|
2 1/2–3 feet
| |||
|
b.
|
Euonymus alatus - Winged euonymus
|
3–4 feet
| ||
|
Hamamelis vernalis - Vernal witch hazel
|
4–5 feet
| |||
|
Hamamelis virginiana - Common witch hazel
|
4–5 feet
| |||
|
Ilex verticillata - Winterberry
|
4–5 feet
| |||
|
Rhamnus frangula - Glossy buckthorn
|
4–5 feet
| |||
|
Viburnum dentatum - Arrowood viburnum
|
4–5 feet
| |||
|
Viburnum lantana - Wayfaringtree viburnum
|
4–5 feet
| |||
A.
Intent. It is the intent of these regulations to prevent
land, structures, or buildings from being used or occupied in any
manner so as to create any dangerous, injurious, noxious or otherwise
objectionable fire, explosive, radioactive or other hazardous condition;
noise or vibration; smoke, dust, odor or other form of air pollution;
electrical or other disturbance; glare or heat; liquid or solid refuse
or wastes; condition conducive to the breeding of rodents or insects;
or other substance, condition or elements (all referred to herein
as "dangerous or objectionable elements") in a manner or amount as
to adversely affect the surrounding area.
B.
Noise.
(1)
Inspection and testing. Upon presentation of appropriate
credentials, the Zoning Officer or other duly appointed official may
enter and inspect any private property or place for purposes of testing
for violations of these sound performance standards or to locate the
source of any noise disturbance. When permission is refused, the aforesaid
official may obtain a search warrant from a court of competent jurisdiction
upon a showing of probable cause that a violation of this chapter
exists. All tests shall be conducted by a sound level meter which
is accepted in the trade as being of average quality and sensitivity.
(2)
Impulsive sound. No sound shall be permitted for a
duration of more than five seconds or more than two incidents within
a twenty-four-hour period which is above the level of 110 dBA at any
real property boundary upon which the source of the sound is located.
(3)
Noise-sensitive zones. The property upon which any
hospital, school, nursery, rehabilitation center, sanitarium, nursing
home, convalescent home, or home for the aged is located shall be
designated as a "noise-sensitive zone." The measure of the dBA level
at the boundary line of any such noise-sensitive zone shall comply
with the general sound standard as set forth in this section, except
all dBA ratings shall be lowered by a factor of 15 dBA for computation
purposes.
(4)
General sound standard. All sound sources, including nonconforming
uses, shall comply with the general sound standard for the district
in which they are located, unless covered specifically by another
section herein.
[Amended 5-8-2018 by Ord.
No. 386]
|
dBA Rating Limit
| ||
|---|---|---|
|
Day
|
Night
| |
|
Land Use Category
|
(Mon.-Fri. 7:00 a.m.-7:00 p.m.)
(Sat. and Sun. 9:00 a.m.-7:00 p.m.)
|
(Mon.-Fri. 7:00 p.m.-7:00 a.m.)
(Sat. and Sun. 7:00 p.m.-9:00 a.m.)
|
|
All residential districts, education/institutional districts,
park/open space districts and college/university districts
|
60
|
50
|
|
Shopping center
|
75
|
65
|
|
C-1, C-2, C-3 Districts
|
75
|
65
|
|
Light industrial
|
75
|
65
|
|
Mobile home park
|
60
|
50
|
|
All measurements shall be taken at the property boundary of
the sound source.
| ||
(5)
Specific prohibitions. The following acts and the causes thereof
are declared to be in violation of this chapter:
[Amended 5-8-2018 by Ord.
No. 386]
(a)
Operating, playing, or permitting the operation or playing of
any radio, television, phonograph, sound amplifier, musical instrument,
or other such device between the hours of 7:00 p.m. and 7:00 a.m.
in such a manner as to create a noise disturbance across a real property
line or within a noise-sensitive zone.
(b)
Owning, possessing, or harboring any animal which frequently
or for any continued duration howls, barks, crows, or makes any other
sound so as to create a noise disturbance across any real property
boundary or within a noise-sensitive zone.
(c)
Performing any construction operation or operating or permitting
the operation of any tools or equipment used in construction, drilling,
or demolition work between the hours of 7:00 p.m. and 7:00 a.m. if
such operation creates a noise disturbance across a real property
boundary line or within a noise-sensitive zone. This section does
not apply to domestic power tools or to vehicles which are designed
for transportation use on public highways.
(d)
Repairing, rebuilding, modifying, testing, or operating a motor
vehicle, motorcycle, recreational vehicle or powered model vehicle
in such a manner as to cause a noise disturbance across a real property
boundary or within a noise-sensitive zone. This section shall not
apply to operation on public highways of any vehicle in a normal manner.
(e)
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool, snowblower or similar
device (used outdoors) between the hours of 9:00 p.m. and 7:00 a.m.
so as to cause a noise disturbance across any nonindustrial real property
boundary or within a noise-sensitive zone.
(6)
Exceptions.
[Amended 5-8-2018 by Ord.
No. 386]
(a)
The provisions of this chapter shall not apply to the emission
of sound for the purpose of alerting persons to the existence of an
emergency, the emission of sound in the performance of emergency work,
or the performance of municipal service operations or activities.
(b)
A temporary permit for exceeding the above limits may be issued
by the Borough Manager upon due cause shown, in consultation with
the Borough Zoning Officer and Borough Engineer.
C.
Air pollution.
(1)
No use shall emit or cause or allow to be emitted
or permit to escape into the open air any air contaminant of a quantity
or quality which will violate any provision of this chapter.
(2)
No use shall operate or maintain or permit to be operated
or maintained any equipment, installation or device which by reason
of its operation or maintenance will discharge contaminants to the
air in excess of the limits prescribed herein unless he shall install
and maintain in conjunction therewith such control equipment as will
prevent the emission into the open air of any air contaminant in a
quantity or quality that will violate any provision of this chapter.
(3)
Smoke. There shall be no emission into the atmosphere
from any operation of visible gray smoke of a shade darker than No.
1 on the Ringelmann Smoke Chart as published by the United States
Bureau of Mines, except that visible gray smoke of a shade not darker
than No. 2 on shade chart may be emitted for a period or periods aggregating
four minutes in any eight-hour period. These provisions, applicable
to visible gray smoke, shall also apply to visible smoke of any other
color.
(4)
Other air pollutants. There shall be no emission of
fly ash, dust, dirt, fumes, vapors or gases into the atmosphere from
any operation to any extent that would cause any damage to the public
health, to animals, or vegetation or other forms of property or which
can cause excessive soiling of any point beyond the lot line of the
use creating the emission. No emission of liquid or solid particles
from any chimney or otherwise shall exceed 0.3 grains per cubic foot
of the covering gas at any point beyond the lot line of the use creating
the emission. For measurement of the amount of particles in gases
resulting from combustion, standard correction shall be applied to
a stack temperature of 500° F. and 50% excess air in the stack
at full load.
(5)
All applicable standards of the Pennsylvania Department
of Environmental Protection and the U.S. Environmental Protection
Agency regarding air pollution or airborne contaminants shall be adhered
to by all uses in the Borough. This applies to fugitive contaminants,
particulate matter emissions, sulfur compound emissions, toxic materials,
and any other air contaminants regulated by the state and federal
authorities. The most stringent standards shall apply.
(6)
Permits.
(a)
It shall be unlawful for any person to install,
alter, enlarge or make additions to any existing or new facilities,
equipment or operation that may be a source of air contaminants or
to install, alter, enlarge or make additions to any existing or new
equipment, devices or apparatus, the use of which may eliminate, reduce
or control the emission of air contaminants, until an application,
including plans and specifications has been filed with the Borough
and a permit has been issued following review and approval by the
Borough Engineer and Borough Council.
(b)
Where a permit also is required from the Commonwealth
Department of Environmental Protection, no Borough permit shall be
issued until the state permit has been obtained and evidence of the
same has been given to the Borough.
(7)
Toxic materials. In addition to the Ambient Air Quality
Standards of the Commonwealth of Pennsylvania, the release of toxic
materials shall be in accordance with the fractional quantity permitted
by this chapter, of those toxic materials currently listed in the
threshold limit values adopted by the American Conference of Governmental
Industrial Hygienists. Unless otherwise stated, the measurement of
toxic matter shall be at ground level or habitable elevation, and
shall be the average of any twenty-four-hour sampling period. The
release of airborne toxic matter shall not exceed 1/30 of the threshold
limit values adopted by the American Conference of Governmental Industrial
Hygienists. Unless otherwise stated, the measurement of toxic matter
shall be at ground level or habitable elevation, and shall be the
average of any 24 hours sampling period. The release of airborne toxic
matter shall not exceed 1/30 of the threshold limit value beyond the
district boundary lines.
D.
Electrical and electromagnetic interference. There
shall be no electrical or electromagnetic disturbance at any point
at or beyond the property lines of the use where the disturbance originates.
E.
Fire and explosion. All activities and all storage
of flammable and explosive materials at any point shall be provided
with adequate safety and firefighting devices.
F.
Vibration.
(1)
No use shall cause vibrations exceeding the maximum
values specified in this section. The maximum vibration is given as
particle velocity, which may be measured directly with suitable instrumentation
or computed on the basis of placement and frequency. When computed,
the following formula shall be used:
|
PV = 6.38 F x D
| ||||
|
Where:
| ||||
|
PV
|
=
|
Particle velocity, inches per second
| ||
|
F
|
=
|
Vibration frequency, cycles per second
| ||
|
D
|
=
|
Single amplitude displacement of the vibration,
inches
| ||
(2)
At any adjacent lot line, PV shall not exceed 0.10
inches per second; except, within any residential district, PV shall
not exceed 0.02 inches per second. Where vibration is produced as
discrete impulses and such impulses do not exceed a frequency of 100
per minute, then the values in these values may be multiplied by two.
(3)
Particle velocity shall be the vector sum of three
individual components measured simultaneously in three mutually perpendicular
directions.
G.
Glare and heat.
(1)
No direct or sky-reflected glare, whether from floodlights
or from high-temperature processes such as combustion or welding or
otherwise, so as to be visible at the lot line shall be permitted.
These regulations shall not apply to signs or lighting of parking
areas otherwise permitted by this chapter. There shall be no emission
or transmission of heat or heated air so as to be discernible at the
lot line.
(2)
Any operation or activity producing glare shall be
conducted so that direct or indirect light from the source shall not
cause illumination in excess of 0.5 footcandles when measured in any
residential or commercial district.
(3)
No heat from any use shall be sensed at any property
line to the extent of raising the temperature of air or materials
more than 1° F.
H.
Nonradioactive liquid or solid wastes, and storage.
(1)
There shall be no discharge at any point into any
public or private sewage disposal system or stream, or into the ground,
of any liquid or solid materials except in accordance with the laws
and regulations of the United States, the State of Pennsylvania, Bucks
County, and New Britain Borough.
(2)
All outdoor storage facilities for fuel, raw materials,
and products, and all fuel, raw materials and products stored outdoors,
shall be enclosed by an approved safety fence.
(3)
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transported off the lot by
natural causes or forces, nor shall any substance which can contaminate
a stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any stream or watercourse.
(4)
All materials or wastes which might cause fumes or
dust, or which constitute a fire hazard, or which may be edible or
otherwise attractive to rodents or insects, shall be stored outdoors
only if enclosed in containers adequate to eliminate such hazards.
(5)
All outdoor storage facilities for fuel, raw materials,
products, waste, or similar material, shall be shielded from view
of the public highways and any residential or recreational use.
I.
Odor. Odorous material released from any operation
or activity shall not exceed the odor threshold beyond the lot line,
measured either at ground level or habitable elevation. Odor threshold
is defined as the lowest concentration of odorous matter that produced
an olfactory response in normal human beings. Odor thresholds shall
be measured in accordance with ASTM D1931-57 "Standards Method for
Measurement of Odor in Atmosphere (Dilution Method)" or its equivalent.
J.
Application of performance standards.
(1)
Any use established or changed to and any building,
structure or land developed, constructed or used for any use or any
accessory use thereto shall comply with all the performance standards
herein set forth.
(2)
If any existing use or building or other structure
is extended, enlarged or reconstructed, the performance standards
herein set forth shall apply to such extended, enlarged or reconstructed
portion or portions of such use, building or other structure.
(3)
Determinations necessary for administration and enforcement
of performance standards set forth herein range from those which can
be made with satisfactory accuracy by a reasonable person using normal
senses and no mechanical equipment to those requiring great technical
competence and complex equipment for precise measurement. It is the
intent of this chapter that:
(a)
Where determinations can be made by the Zoning
Officer or other Borough employees using equipment normally available
to the Borough or obtainable without extraordinary expense, such determinations
shall be so made before notice of violation is issued.
(b)
Where technical complexity or extraordinary
expense makes it unreasonable for the Borough to maintain the personnel
or equipment necessary for making difficult or unusual determinations,
procedures shall be available for causing corrections of apparent
violations of performance standards, protecting individuals from arbitrary,
capricious and unreasonable administration and enforcement of performance
standard regulations and protecting the general public from unnecessary
costs for administration and enforcement.
(c)
If the Zoning Officer finds, after making determinations
in the manner set forth in this chapter, that there is a violation
of the performance standards set forth herein, he shall take or cause
to be taken lawful action to cause correction to within the limits
established by such performance standards. Failure to obey lawful
orders concerning such corrections shall be punishable under the provisions
of this chapter and the Pennsylvania Municipalities Planning Code.
(4)
If, in the considered judgment of the Zoning Officer,
there is probable violation of the performance standards set forth
herein, the procedures for enforcement of this chapter shall be followed.
K.
No one shall park or store a truck with a gross vehicle
weight of 26,000 pounds or more, which must be driven by an operator
with a commercial drivers license, in an area zoned R-1, R-2, VH,
MHP, C-U and E-I within New Britain Borough.
[Added 8-8-2000 by Ord. No. 284]
[Amended 5-11-1999 by Ord. No. 280; 5-10-2005 by Ord. No. 299; 2-24-2015 by Ord. No. 362; 5-8-2018 by Ord. No.
386]
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Flood Plain Management Act
of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Council
of the Borough of New Britain does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
General provisions.
(1)
Intent. The intent of this section is to:
(a)
Promote the general health, welfare, and safety of the community.
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
Applicability.
(a)
It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, any construction
or development anywhere within the Borough of New Britain unless a
permit has been obtained from the floodplain administrator.
(3)
Abrogation and greater restrictions. This section 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 section, the more restrictive shall apply.
(4)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this
section is considered reasonable for regulatory purposes and is based
on accepted engineering methods of study. Larger floods may occur,
or flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This section
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.
(b)
This section shall not create liability on the part of the Borough
of New Britain or any officer or employee thereof for any flood damages
that result from reliance on this section or any administrative decision
lawfully made thereunder.
C.
Administration.
(1)
Designation of the floodplain administrator.
(a)
The Zoning Officer is hereby appointed to administer and enforce
this section and is referred to herein as the "floodplain administrator."
The floodplain administrator may:
[1]
Fulfill the duties and responsibilities set forth in these regulations;
[2]
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
[3]
Enter into a written agreement or written contract with another
agency or private-sector entity to administer specific provisions
of these regulations.
(b)
Administration of any part of these regulations by another entity
shall not relieve the community of its responsibilities pursuant to
the participation requirements of the National Flood Insurance Program
as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(c)
In the absence of a designated floodplain administrator, the
floodplain administrator duties are to be fulfilled by the Borough
Manager.
(2)
Permits required. A permit shall be required before any construction
or development is undertaken within any area of the Borough of New
Britain.
(3)
Duties and responsibilities of the floodplain administrator.
(a)
The floodplain administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this section and all other
applicable codes and ordinances.
(b)
Prior to the issuance of any permit, the floodplain administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
(c)
In the case of existing structures, prior to the issuance of
any development/permit, the floodplain administrator shall review
the history of repairs to the subject building, so that any cumulative
substantial damage concerns can be addressed before the permit is
issued.
(d)
During the construction period, the floodplain administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(e)
In the discharge of his/her duties, the floodplain administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this section.
(f)
In the event the floodplain administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the floodplain administrator shall revoke the permit
and report such fact to the Council for whatever action it considers
necessary.
(g)
The floodplain administrator shall maintain in perpetuity all
records associated with the requirements of this section, including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(h)
The floodplain administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program.
(i)
The responsibility, authority and means to implement the commitments
of the floodplain administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this section as the floodplain administrator/manager.
(j)
The floodplain administrator shall consider the requirements
of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions
thereof.
(4)
Application procedures and requirements.
(a)
Application for such a permit shall be made, in writing, to
the floodplain administrator on forms supplied by the Borough of New
Britain. Such application shall contain the following:
[1]
Name and address of applicant.
[2]
Name and address of owner of land on which proposed construction
is to occur.
[3]
Name and address of contractor.
[4]
Site location, including address.
[5]
Listing of other permits required.
[6]
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.
[7]
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(b)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
permits shall provide all the necessary information in sufficient
detail and clarity to enable the floodplain administrator to determine
that:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this section 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;
and
[7]
Electrical, heating, ventilation, plumbing, and air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the floodplain
administrator to make the above determination:
[1]
A completed permit application form.
[2]
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[a]
North arrow, scale, and date;
[b]
Topographic contour lines, if available;
[c]
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and development;
[d]
The location of all existing streets, drives, and
other accessways; and
[e]
The location of any existing bodies of water or
watercourses, identified floodplain areas, and, if available, information
pertaining to the floodway, and the flow of water, including direction
and velocities.
[3]
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
[4]
The following data and documentation:
[a]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area [see Subsection D(1)], when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
[b]
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.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
[c]
[d]
The appropriate component of the Department of
Environmental Protection's "Planning Module for Land Development."
[e]
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.
(d)
Applications for permits shall be accompanied by a fee, payable
to the municipality, based upon the estimated cost of the proposed
construction as determined by the floodplain administrator.
(5)
Review by Bucks County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the applicant to the Bucks County Conservation District for review
and comment prior to the issuance of a permit. The recommendations
of the Bucks County Conservation District shall be incorporated into
the proposed plan.
(6)
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the floodplain
administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, etc.) for review and
comment.
(7)
Changes. After the issuance of a permit by the floodplain administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the floodplain
administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to the floodplain administrator
for consideration.
(8)
Placards. In addition to the permit, the floodplain administrator
shall issue a placard, which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit and the date of its issuance and be signed by
the floodplain administrator.
(9)
Start of construction.
(a)
Work on the proposed construction or development shall begin
within 180 days after the date of issuance of the development permit.
Work shall also be completed within 12 months after the date of issuance
of the permit or the permit shall expire, unless a time extension
is granted, in writing, by the floodplain administrator. The issuance
of development permit does not refer to the zoning approval.
(b)
The "actual start of construction" 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/or 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.
(c)
Time extensions shall be granted only if a written request is
submitted by the applicant, who sets forth sufficient and reasonable
cause for the floodplain administrator to approve such a request and
the original permit is compliant with the ordinance and FIRM/FIS in
effect at the time the extension is granted.
(10)
Enforcement.
(a)
Notices. Whenever the floodplain administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
section, or of any regulations adopted pursuant thereto, the floodplain
administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
[1]
Be in writing;
[2]
Include a statement of the reasons for its issuance;
[3]
Allow a reasonable time, not to exceed a period of 30 days,
for the performance of any act it requires;
[4]
Be served upon the property owner or his agent, as the case
may require; provided, however, that such notice or order shall be
deemed to have been properly served upon such owner or agent when
a copy thereof has been served with such notice by any other method
authorized or required by the laws of this state;
[5]
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this section.
(b)
Penalties. Any person who fails to comply with any or all of
the requirements or provisions of this section or who fails or refuses
to comply with any notice, order or direction of the floodplain administrator
or any other authorized employee of the municipality shall be guilty
of an offense and, upon conviction, shall pay a fine to the Borough
of New Britain of not less than $25 nor more than $600, plus costs
of prosecution. In addition to the above penalties, all other actions
are hereby reserved, including an action in equity for the proper
enforcement of this section. The imposition of a fine or penalty for
any violation of, or noncompliance with, this section shall not excuse
the violation or noncompliance or permit it to continue. All such
persons shall be required to correct or remedy such violations and
noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated, in noncompliance with this section may be declared
by the Council to be a public nuisance and abatable as such.
(11)
Appeals.
(a)
Any person aggrieved by any action or decision of the floodplain
administrator concerning the administration of the provisions of this
section may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the floodplain administrator.
D.
Identification of floodplain areas.
(1)
Identification.
(a)
The identified floodplain area shall be:
[1]
Any areas of Borough of New Britain classified as special flood
hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated March 21, 2017, 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; and
[2]
Any community-identified flood hazard areas.
(b)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Borough of New Britain and declared
to be a part of this section.
(2)
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(a)
The Floodway Area shall be those areas identified in the FIS
and the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
[1]
Within any Floodway Area, no encroachments, including fill,
new construction, substantial improvements, or other development,
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
[2]
Within any Floodway Area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection's regional office and a variance
is granted by the Zoning Hearing Board.
(b)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
[1]
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
(c)
The A Area/District 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
sources 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. In lieu of the above,
the municipality may require the applicant to determine the elevation
with hydrologic and hydraulic engineering techniques. Hydrologic and
hydraulic analyses shall be undertaken only by professional engineers
or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the municipality.
(d)
Community-identified flood hazard areas shall be those areas
where the Borough of New Britain has identified local flood hazard
or ponding areas, as delineated and adopted on a local flood hazard
map using best available topographic data and locally derived information,
such as flood of record, historic high-water marks, soils or approximate
study methodologies.
(3)
Changes in identification of area. The identified floodplain area may be revised or modified by the Council 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 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 the changes to the special flood hazard area by submitting technical or scientific data. See Subsection E(1)(b) for situations where FEMA notification is required.
(4)
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Borough
of New Britain, and any party aggrieved by this decision or determination
may appeal to the Council. The burden of proof shall be on the appellant.
(5)
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
E.
Technical provisions.
(1)
General.
(a)
Alteration or relocation of watercourse.
[1]
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection's regional office.
[2]
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
[3]
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(b)
When a community proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the Floodway; or any development occurring in Zones A1-30 and Zone
AE without a designated floodway, which will cause a rise of more
than one foot in the base flood elevation; or alteration or relocation
of a stream (including, but not limited to, installing culverts and
bridges):
[1]
The applicant shall (as per 44 CFR 65.12) apply to FEMA for
conditional approval of such action prior to permitting the encroachments
to occur.
[2]
Upon receipt of the Administrator's conditional approval of
map change and prior to approving the proposed encroachments, a community
shall provide evidence to FEMA of the adoption of floodplain management
ordinances incorporating the increased base flood elevations and/or
revised floodway reflecting the post-project condition.
[3]
Upon completion of the proposed encroachments, a community shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR Part
67.
(c)
Any new construction, development, uses or activities allowed
within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this section and any other
applicable codes, ordinances and regulations.
(d)
Within any identified floodplain area, no new construction or
development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse.
(2)
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Subsection H, then the following provisions apply:
(a)
Residential structures.
[1]
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
[2]
In A Zones, where there are no base flood elevations specified on the FIRM, 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 Subsection D(2)(c) of this section.
[3]
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, where they are more restrictive.
(b)
Nonresidential structures.
[1]
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
[2]
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with Subsection D(2)(c) of this section.
[3]
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations," published by the
United States Army Corps of Engineers (June 1972, as amended March
1992), or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
[4]
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, where they are more restrictive.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor (including basements)
is prohibited.
[2]
Partially 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.
[3]
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,
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
(d)
Historic structures. Historic structures undergoing repair or
rehabilitation that would constitute a substantial improvement, as
defined in this section, must comply with all ordinance requirements
that do not preclude the structure's continued designation as an historic
structure. Documentation that a specific ordinance requirement will
cause removal of the structure from the National Register of Historic
Places or the State Inventory of Historic Places must be obtained
from the Secretary of the Interior or the State Historic Preservation
Officer. Any exemption from ordinance requirements will be the minimum
necessary to preserve the historic character and design of the structure.
(e)
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed 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 600 square feet.
[3]
The structure will have a low damage potential.
[4]
The structure will 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,
collapse, and lateral 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.
(3)
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(a)
Fill.
[1]
Within any identified floodplain area, the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in Subsection H, then the following provisions apply. If fill is used, it shall:
[a]
Extend laterally at least 15 feet beyond the building
line from all points;
[b]
Consist of soil or small rock materials only; sanitary
landfills shall not be permitted;
[c]
Be compacted to provide the necessary permeability
and resistance to erosion, scouring, or settling;
[d]
Be no steeper than one vertical to three horizontal
feet, unless substantiated data justifying steeper slopes are submitted
to, and approved by, the floodplain administrator; and
[e]
Be used to the extent to which it does not adversely
affect adjacent properties.
(b)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(c)
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 waste disposal system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
[4]
The design and construction provisions of the UCC and FEMA No.
348, "Protecting Building Utilities from Flood Damages," and the "International
Private Sewage Disposal Code" shall be utilized.
(d)
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.
(e)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(f)
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 Subsection E(4), Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(g)
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.
(h)
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.
(i)
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.
(j)
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.
(l)
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.
(m)
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.
(n)
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 through 405, as amended), and
not limited to the following provisions, shall apply to the above
and other sections and subsections of this section, to the extent
that they are more restrictive and supplement the requirements of
this section:
(4)
Development which may endanger human life. Within any identified floodplain area, any structure of the kind described in Subsection E(4)(a) below shall be prohibited. If a variance is obtained in accordance with the criteria in Subsection H, then the following provisions apply [Subsection E(4)(b), (c) and (d)]:
(a)
In accordance with the Pennsylvania Flood Plain Management Act,
and the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which will be used for the production or storage of any
of the following dangerous materials or substances; or 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 will involve the production,
storage, or use of any amount of radioactive substances shall be subject
to the provisions of this section, in addition to all other applicable
provisions. The following list of materials and substances are considered
dangerous to human life:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulphur and sulphur products.
[17]
Pesticides (including insecticides, fungicides,
and rodenticides).
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
(b)
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection E(4)(a) above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(c)
Within any Floodway Area, any structure of the kind described in Subsection E(4)(a) above shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection E(4)(a) above shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with Subsection E(1), (2) and (3).
(d)
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in Subsection E(4)(a) above shall be built in accordance with Subsection E(1), (2) and (3), including:
[1]
Elevated, or designed and constructed, to remain completely
dry up to at least 1 1/2 feet above base flood elevation; and
[2]
Designed to prevent pollution from the structure or activity
during the course of a base flood.
[3]
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations" (United States Army
Corps of Engineers, June 1972 as amended March 1992), or with some
other equivalent watertight standard.
(5)
Special requirements for subdivisions and development. All subdivision
proposals and development proposals containing at least 50 lots or
at least five acres, whichever is the lesser, in identified floodplain
areas where base flood elevation data are not available shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision and letter of map revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
(6)
Special requirements for manufactured homes.
(a)
Within any identified floodplain area, manufactured homes shall
be prohibited. No variance shall be granted.
F.
Prohibited activities.
(1)
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within any identified floodplain area. No variance
shall be granted.
G.
Existing structures in identified floodplain areas.
(1)
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection G(2) shall apply.
(2)
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(a)
No expansion or enlargement of an existing structure shall be allowed within any identified floodplain area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in Subsection D(2)(c).
(b)
The above activity shall also address the requirements of 34
Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
(c)
Within any Floodway Area/District [see Subsection D(2)(a)], no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
(d)
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 and/or floodproofed
to the greatest extent possible.
(e)
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "cumulative substantial damage"
shall be undertaken only in full compliance with the provisions of
this section.
H.
Variances.
(1)
General. If compliance with any of the requirements of this section
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Borough of New Britain Zoning Hearing
Board may, upon request, grant relief from the strict application
of the requirements.
(2)
Variance procedures and conditions. Requests for variances shall be considered by the Borough of New Britain in accordance with the procedures contained in Subsection C(11) and the following:
(a)
No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In an A Area/District, BFEs are determined using the methodology in Subsection D(2)(c).
(b)
No variance shall be granted for development pertaining to manufactured homes [Subsection E(6)] or to prohibited activities (Subsection F). Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Subsection E(4), Development which may endanger human life.
(c)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(d)
In granting any variance, the Borough of New Britain shall attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety, and welfare and to
achieve the objectives of this section.
(f)
(g)
A complete record of all variance requests and related actions
shall be maintained by the Borough of New Britain. In addition, a
report of all variances granted during the year shall be included
in the annual report to FEMA.
(h)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
I.
Definitions.
(1)
General. Unless specifically defined below, words and phrases used
in this section shall be interpreted so as to give this section its
most reasonable application.
(2)
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
CUMULATIVE SUBSTANTIAL DAMAGE
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VARIANCE
VIOLATION
Specific definitions. As used in this section, the following terms
shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, and A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period 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.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
Any structure that is:
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study but may include additional areas identified by the community. See Subsection D(1) and (2) for the specifics on what areas the community has included in the identified floodplain area.
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 section.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective start date of this section, and includes
any subsequent improvements to such structures. Any construction started
after April 2, 1979, and before the effective start date of this section
is subject to the ordinance in effect at the time the permit was issued,
provided the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
Flood Insurance Rate Map (FIRM), dated April 2, 1979, whichever is
later, and, as such, would be required to be compliant with the regulations
of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM), dated April 2, 1979, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, 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 after 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
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, the cost of which 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 cumulative substantial damage, regardless of the actual repair
work performed. The term does not, however, include any project for
improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999, applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable to the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
A grant of relief by a community from the terms of a floodplain
management regulation.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
A.
General standards.
(1)
Existing parking. Structures and uses in existence
at the date of adoption of this chapter shall not be subject to the
requirements of this article so long as the kind or extent of use
is not changed, provided that any parking facility now serving such
structures or uses shall not in the future be reduced below such requirements.
(2)
Change in requirements. Whenever there is an alteration
of a structure or a change or extension of a use which increases the
parking requirements according to the standards of this chapter, the
total additional parking required for the alteration, change or extension
shall be provided in accordance with the requirements of that section.
(3)
Conflict with other uses. No parking area shall be
used for any use that interferes with its availability for the parking
need it is required to serve.
(4)
Continuing obligation. All required facilities shall
be provided and maintained as long as the use exists which the facilities
were designed to serve. Off-street parking facilities shall not be
reduced after their provision, except upon the approval of the Zoning
Hearing Board and then only after proof that, by reason of diminution
in floor area, seating area, the number of employees, or change in
other factors controlling the regulation of the number of parking
spaces, such reduction is in conformity with the requirements of this
article. Such facilities shall be designed and used in such a manner
as to at no time constitute a nuisance, a hazard, or an unreasonable
impediment to traffic.
(5)
Maintenance of parking areas. For parking areas of
three or more vehicles, the area not landscaped and so maintained,
including driveways, shall be graded, surfaced with asphalt or other
suitable material, and drained to the satisfaction of the Borough
Engineer to the extent necessary to prevent dust, erosion, or excessive
water flow across streets or adjoining property. All off-street parking
spaces shall be marked so as to indicate their location.
B.
Joint use. Two or more uses may provide for required
parking in a common parking lot if the total space provided is not
less than the sum of the spaces required for each use individually.
The number of spaces required in a common parking facility may be
reduced below this total only if it can be demonstrated to the Zoning
Hearing Board that the hours or days of peak parking needed for the
uses are so different that a lower total will provide adequately for
uses served by the facility.
C.
Parking space design.
(2)
Accessible parking spaces for disabled persons: one
handicapped-accessible space in any parking area having between one
and 25 spaces; two handicapped-accessible spaces in any parking area
having between 26 and 50 spaces, or as may otherwise by required by
the Americans with Disabilities Act.
(3)
All dead-end parking aisles shall be designed to provide
sufficient backup area for the end stalls of the parking lot.
(4)
Drives and parking aisles shall be designed so that
each motor vehicle may proceed to and from a parking stall without
requiring the moving of any other motor vehicle, except for parking
areas for single-family detached dwellings.
D.
Parking lot access and traffic control. In order to
minimize traffic congestion and hazard, control street access in the
interest of public safety, no off-street parking lot for motor vehicles
shall abut directly a public street unless separated from the street
by a raised curb and barrier planting strip, wall or other barrier
except at accessways. Each parking area shall have no more than two
accessways to any one public street for each 150 feet of frontage.
E.
Location of parking spaces. Required off-street parking
spaces shall be on the same lot or premises with the principal use
served. Parking areas for nonresidential uses may occupy no more than
half the minimum required yard area, which shall be the yard area
closer to the principal use, so that the yard area at the outer edge
of the property is left open and is not occupied by parking. No parking
area shall, however, be located closer than 25 feet from a front lot
line.
F.
Reduction of nonresidential parking requirements.
In order to prevent the establishment of greater number of parking
spaces than is actually required to serve the needs of nonresidential
uses, Borough Council, after consulting with the Planning Commission
and Borough Engineer, may permit a conditional reduction of parking
space if the following conditions are satisfied:
(1)
The design of the parking lot, as indicated on the
land development plan, must designate sufficient space to meet the
parking requirements of this chapter. The plan shall also illustrate
the layout for the total number of parking spaces.
(2)
The conditional reduction shall provide for the establishment
of not less than 70% of the required number of parking spaces, as
specified in this chapter. This initial phase of the parking provision
shall be clearly indicated in the plan.
(3)
The balance of the parking area conditionally reserved
shall not include areas for required buffer yards, setbacks, or areas
which would otherwise be unsuitable for parking spaces due to the
physical characteristics of the land or other requirements of this
chapter. This parking area which is reserved shall be located and
have characteristics so as to provide amenable open space should it
be determined the additional parking spaces are not required. The
developer shall provide a landscaping plan for the reserved area with
the land development plan.
(4)
The developer shall enter into a written agreement
with Borough Council that, after one year following the issuing of
the last occupancy permit, the additional parking spaces shall be
provided at the developer's or owner's expense should it be determined
that the required number of parking spaces are necessary to satisfy
the need of the particular land development.
(5)
At the time of the above stated agreement, the developer
or owner shall post a performance bond or other securities to cover
the expense of a traffic study to be undertaken by a registered traffic
engineer of Borough Council's choosing, who shall determine the advisability
of providing the full parking requirement.
(6)
Land which has been determined and designated by Borough
Council as areas of reserved parking rather than as required parking
shall not be used to provide parking spaces for any addition or expansion
but shall remain as open space.
G.
Parking requirements for uses.
(2)
Nonresidential uses.
[Amended 3-12-1996 by Ord. No. 266; 4-13-1999 by Ord. No. 279; 4-14-2015 by Ord. No. 361; 4-18-2016 by Ord. No.
373; 5-8-2018 by Ord. No. 386; 10-9-2018 by Ord. No. 391; 2-8-2022 by Ord. No. 417]
|
Use
|
Number of Required Parking Spaces
| |||
|---|---|---|---|---|
|
Adult commercial
|
1 off-street parking space for every 100 square
feet of gross floor area.
| |||
|
Automobile body repair and/or paint shop
|
1 off-street parking space for each service
bay plus space for employee parking.
| |||
|
Automobile sales
|
1 off-street parking space for each 500 square
feet of gross interior floor area, plus 1 space for each employee.
Customer parking must be clearly designated and separated from area
for vehicle sales and storage space.
| |||
|
Automobile service station and/or car wash
|
2 off-street parking spaces for each service
bay plus 2 spaces for every 100 square feet of convenience shopping
space.
| |||
|
Bank or financial establishment
|
1 off-street parking space for each 100 square
feet of gross area used or intended to be used for servicing customers.
| |||
|
Beer/soda distributor
|
1 off-street parking space for each 200 square
feet of retail floor area.
| |||
|
Bed-and-breakfast
|
1 off-street parking space for each guest room plus two spaces
for the owner-operator.
| |||
|
Brewery/Brewpub/Micro-Winery/Distillery
|
1 space for every 3 seats for patron use or 1 space per 50 square
feet of gross floor area, whichever is greater, plus 1 space per employee
on the largest shift
| |||
|
Cemetery
|
None
| |||
|
College or university
|
Parking for facilities open to the general public
shall be in accordance with the use which most closely resembles uses
defined in this chapter.
| |||
|
Commercial entertainment or sports facility
|
1 off-street parking space for each 4 seats
provided for patron use, or at least 1 off-street parking space for
each 100 square feet of gross floor area used or intended to be used
for service to customers, patrons, clients, guests or members, whichever
requires the greater number of off-street parking spaces. If the commercial
entertainment or sports facility use is contained within a shopping
center, the parking requirements for the entertainment use as set
forth in this subsection shall be met separately and shall not be
calculated on the basis of the shopping center use parking requirements.
| |||
|
Community center
|
1 off-street parking space for each 200 square
feet of floor area used or intended to be used for service to customers,
patrons, clients, guests, or members.
| |||
|
Contractor services
|
1 off-street parking space for every employee
on the largest shift, plus 1 space for each company vehicle normally
stored on the premises, plus 5 additional spaces for visitor parking.
| |||
|
Convenience store
|
1 off-street parking space for every 150 square
feet gross floor area.
| |||
|
Craft village
|
Parking requirements shall be determined on
the basis of floor area devoted to retail and fabrication operations
and shall meet the following requirements:
| |||
|
1 off-street parking space for each 200 square
feet of floor area devoted to retail sales; plus
| ||||
|
1 off-street parking space for each 500 square
feet of floor area devoted to fabrication and assembly; plus
| ||||
|
1 off-street parking space for every 600 square
feet of outdoor area devoted to outdoor sales.
| ||||
|
Cultural facility
|
1 off-street parking space for each 300 square feet of gross
area used or intended to be used for servicing visitors.
| |||
|
Day-care center
|
1 off-street parking space for each teacher,
administrator, and maintenance employee, plus 1 additional space for
each 5 children.
| |||
|
Eating place
|
1 off-street parking space for each 50 square
feet of total floor area devoted to patron service.
| |||
|
Eating place with drive-through
|
1 off-street parking space for every 2 seats
or 3 off-street parking spaces for every 100 square feet of gross
floor area, whichever requires the greater number of off-street parking
spaces.
| |||
|
Emergency services
|
3 off-street parking spaces for every 4 employees
on the 2 major shifts at maximum employment.
| |||
|
Fuel storage and distribution
|
One off-street parking space for every employee
on the largest shift, plus 1 space for each company vehicle normally
stored on the premises.
| |||
|
Funeral home
|
1 off-street space for every 3 seats of capacity.
| |||
|
Hospital
|
One space for every two patient beds plus one
space for every 200 square feet of gross floor area used primarily
for outpatient services. All parking shall be accommodated on the
same lot as the hospital use and no parking shall be permitted on
street.
| |||
|
Kennel
|
1 off-street parking space for each employee
plus 1 space for every 10 animals capable of being housed in the facility.
| |||
|
Library/museum
|
1 space per 250 square feet of gross floor area.
| |||
|
Light manufacturing
|
1 off-street parking space for every employee
on the largest shift, plus 1 space for each company vehicle normally
stored on the premises, plus 5 additional spaces for visitor parking.
| |||
|
Lumber yard/planing mill
|
1 off-street parking space for every employee
on the largest shift, plus 1 space for each company vehicle normally
stored on the premises.
| |||
|
Medical marijuana dispensary
|
1 off-street parking space for every 250 square feet of gross
floor area
| |||
|
Medical marijuana grower/processor
|
1 off-street parking space for every employee on the largest
shift, plus 1 space for each company vehicle normally stored on the
premises, plus 5 additional spaces for visitor parking.
| |||
|
Motel-hotel
|
1 off-street parking space for each rental room
or suite, plus 1 additional off-street parking space for each employee.
| |||
|
Nursery/greenhouse/ garden center
|
1 off-street parking space for every 300 square
feet of space devoted to retail sales.
| |||
|
Nursing home or personal care boarding home
|
1 space for every 3 patient beds.
| |||
|
Office, business or professional
|
1 off-street parking space for each 250 square
feet of gross floor area.
| |||
|
Office, governmental
|
1 space for every 200 square feet of gross floor
area.
| |||
|
Office, medical
|
1 off-street parking space per 150 square feet
of gross floor area.
| |||
|
Personal service business
|
1 off-street parking space for each 200 square feet of gross
area used or intended to be used for servicing customers.
| |||
|
Place of worship
|
1 off-street parking space for each 3 seats
provided in the main assembly area.
| |||
|
Private club
|
1 off-street parking space for every 200 square
feet of total floor area used or intended to be used for service to
customers, patrons, clients, guests, or members.
| |||
|
Psychiatric center or clinic
|
1 space for each patient or inmate bed.
| |||
|
Public recreation facility
|
1 off-street parking space for each 5 persons
of total capacity.
| |||
|
Repair shop
|
1 off-street parking space for each 300 square
feet of gross floor area.
| |||
|
Research
|
1 off-street parking space for every employee
on the largest shift, plus 1 space for each company vehicle normally
stored on the premises, plus 5 additional spaces for visitor parking.
| |||
|
Retail store, large
|
5.5 spaces per 1,000 square feet of commercial
floor space.
| |||
|
Retail trade and services
|
1 off-street parking space for every 200 square
feet of gross floor area used or intended to be used for servicing
customers.
| |||
|
School:
| ||||
|
Kindergarten
|
1 off-street parking space for each faculty
member and employee plus 2 additional spaces per classroom
| |||
|
Elementary school
|
1 off-street parking space for each faculty
member and employee plus 1 space per 2 classrooms and offices.
| |||
|
Junior high school
|
1 off-street parking space for each faculty
member and employee plus 1 space per 2 classrooms and offices.
| |||
|
Senior high school
|
1 off-street parking space per faculty member
and employee plus 1 space per 10 students of projected building capacity.
| |||
|
Shopping center
|
5.5 spaces per 1,000 square feet of gross leasable
floor space.
| |||
|
Sober living facility
|
A minimum of 3 spaces per facility. Garage spaces do not count
as required parking spaces. 1 additional off-street parking space
shall be provided for each nonresident staff person. 1 additional
off-street parking space shall be provided for each additional 2 residents
over 5, unless demonstrated that such individuals are incapable or
not permitted to operate a motor vehicle during the period of residency.
| |||
|
State liquor store
|
1 off-street parking space for each 200 square
feet of retail floor area.
| |||
|
Telecommunications facility
|
2 off-street parking spaces or 1 space per employee,
whichever requires the greater number of spaces
| |||
|
Trade or commercial school
|
1 off-street parking space per 3 students.
| |||
|
Truck sales
|
1 off-street parking space for each 500 square
feet of gross interior floor area, plus 1 space for each employee.
Customer parking must be clearly designated and separated from area
for vehicle sales and storage space.
| |||
|
Truck terminal or bus storage
|
1 off-street parking space for every employee
on the largest shift, plus 1 space for each vehicle normally stored
on the premises.
| |||
|
Utilities
|
2 off-street parking spaces, or 1 space per
employee, whichever requires the greater number of spaces.
| |||
|
Veterinary office
|
3 off-street parking spaces for each doctor.
| |||
|
Warehousing and distribution
|
1 off-street parking space for every employee
on the largest shift, plus 1 space for each company vehicle normally
stored on the premises.
| |||
|
Wholesale trade
|
1 off-street parking space for every employee
on the largest shift, plus 1 space for each company vehicle normally
stored on the premises, plus 5 additional spaces for visitor parking.
| |||
(3)
Accessory uses.
|
Use
|
Number of Required Parking Spaces
| |
|---|---|---|
|
Accessory family apartment
|
1 off-street space, in addition to those required
for the residence in which the use is located.
| |
|
Accessory office
|
3 off-street parking spaces in addition to spaces
otherwise required. Maximum of 6 on-lot spaces is permitted.
| |
|
Apartment in combination
|
1 off-street parking space in addition to those
required for the principal use.
| |
|
Bed-and-breakfast
|
1 off-street parking space for each guest room,
in addition to those required for the residence in which the use is
located.
| |
|
Boarding
|
1 off-street space for each boarder, in addition
to those required for the residence in which the use is located.
| |
|
Home occupation
|
None in addition to those required for residential
use.
|
