A.
All uses shall be developed in a manner consistent
with the preservation of the quality of the existing environment and
of any natural amenities present on the site.
B.
All uses shall provide for the preservation and the
minimum destruction of natural drainage areas, minimum grading and
destruction of the ground surface, the preservation of substantial
stands of trees and forested areas and the preservation of attractive
views and any other natural features existing on the site.
Nuisances are prohibited pursuant to Ordinance
No. 396, Aldan Borough Property Maintenance Code.[1]
A.
Intent. The intent of this section is to control the
intensity of development on lands that are steeply sloped to avoid
severe erosion and sedimentation problems, to avoid the construction
of steep roads that are extremely difficult to maintain and keep free
of snow and ice, to avoid the safety hazards of driving in snow and
ice on steep streets and driveways, to avoid severe stormwater runoff
problems often created by construction in steeply sloped areas, to
avoid the high public expense of repairing and maintaining utilities
on steeply sloped lands and to steer development to lands that are
more physically suited for it.
B.
Applicability. This section shall apply to all land,
buildings and uses and all grading of land in preparation for building
in all zoning districts.
C.
BUILDING SITE
FIFTEEN-PERCENT SLOPE
IMPERVIOUS COVER
THIRTY-FIVE-PERCENT SLOPE
TWENTY-FIVE-PERCENT SLOPE
Definitions. For the purposes of this section, the
following definitions shall apply:
The land area proposed to include the actual location of
a principal building and an area of 25 feet around all outside structural
walls of such building.
Areas of land that have a net vertical change averaging 15
feet vertically for every 100 feet of horizontal distance, when measured
between the contours required to be submitted under this section.
The percent of the lot area covered by surfaces that have
a runoff coefficient of 0.8 or higher. In case of uncertainty, the
Borough Engineer shall have the authority to determine the runoff
coefficient of a type of material.
Areas of land that have a net vertical change averaging 35
feet vertically for every 100 feet of horizontal distance, when measured
between the contours required to be submitted under this section.
Areas of land that have a net vertical change averaging 25
feet vertically for every 100 feet of horizontal distance, when measured
between the contours required to be submitted under this section.
D.
Submission.
(1)
Any application for subdivision or land development
or any application for a zoning or building permit for a principal
building or principal use or any proposal to extensively alter the
preexisting contour of land shall include the submission of a detailed
topographic map if the existing lot involved includes any areas of
fifteen-percent or greater slope that total greater than 1,000 square
feet.
(2)
The topographic map shall be at a scale of one inch
equals 50 feet and shall show the preexisting contours of all lands
proposed for any subdivision, land development, building or use. Such
contours shall be at intervals of five feet of vertical change. Contours
shall be based on an actual field survey supervised and certified
by a registered land surveyor.
(3)
The topographic map shall clearly identify areas that
have a preexisting slope of between fifteen-percent and twenty-five-percent
slope, between twenty-five-percent and thirty-five-percent slope and
greater than thirty-five-percent slope.
(4)
The applicant shall clearly designate the proposed
building site, including an area 25 feet around the proposed building
location, for each lot that includes or is proposed to include any
areas of fifteen-percent or greater slopes. Such building location
shall then become binding, once approved, unless a subsequent submission
and approval occurs under this section.
E.
Uses and lot areas.
(1)
Permitted uses. The only uses that shall be permitted
on a building site that includes lands of fifteen-percent slope or
greater square feet shall be the following:
(a)
Single-family detached dwellings, each on one
individual lot.
(b)
Uses serving a governmental purpose and owned
by the Borough of Aldan.
(c)
Public recreation uses owned by a government
agency.
(d)
Uses that are clearly customarily and incidentally
accessory to a use permitted by this section.
(e)
Nature preserves, not involving any principal
buildings or commercial use.
(2)
Lot areas.
(a)
If a proposed building site would include any
areas with preexisting slopes of between 15% and 25%, but would not
include any areas of twenty-five-percent or greater slope, the following
requirements shall apply to each lot:
(b)
If a proposed building site would include any
areas with preexisting slopes of twenty-five-percent or greater, but
would not include any areas of thirty-five-percent or greater slope,
the following requirements shall apply to each lot:
(c)
If a proposed building site would include any
areas with preexisting slopes of thirty-five-percent or greater, the
following requirements shall apply to each lot:
F.
Slopes of roads and driveways.
(1)
No portion of any street proposed to be dedicated
to the Borough shall have a finished slope in excess of 10%.
(2)
No portion of any private street, accessway or driveway
shall have a finished slope in excess of 12%.
(3)
If road or driveway slope standards that are more
restrictive are required under another applicable ordinance, those
more restrictive standards shall apply.
G.
Grading. The requirements of this section shall apply
to the contours of land that existed at the time of the adoption of
this chapter. The contours of land regulated by this section shall
not be changed prior to submission and regulation under this section.
H.
Floodplain: see also Borough ordinances that regulate
construction within the one-hundred-year floodplain and within alluvial
soils areas.
All areas within 100 feet of the center line
of a stream or creek that has an officially mapped one-hundred-year
floodplain shall be maintained in surfaces that are nonimpervious
to water.
All proposed uses in designated floodplains
shall comply with Borough Ordinance No. 373, as amended from time
to time, relating to floodplains.[1]
A.
Permit required. All activities which require the
moving of earth or the filling or excavation of an area, except for
street construction, shall obtain a zoning permit issued by the Zoning
Officer with the concurrence of the Borough Engineer. Finish grading
or incidental grading of a lot and minor earthmoving from one place
to another on a lot for landscaping or agricultural purposes shall
not require a zoning permit.
B.
Grading regulations.
(1)
The existing grade shall not be increased so that
unstable slopes are created.
(2)
The surface area of any yard adjacent to a building
or structure shall be graded so that surface water will be drained
away from such structure.
(3)
The deposit of soils, detritus or other debris (as
a result of site preparation, grading, or excavating) shall not be
unsightly or detrimental to any property, street, sewer or natural
waterways.
(4)
All Pennsylvania Department of Environmental Protection
and County Soil and Water Conservation District regulations shall
apply.
A.
All methods of sewage and waste treatment and disposal
shall be approved by the Pennsylvania Department of Environmental
Protection and in accordance with the sewage plan for the Borough.
B.
The standards of the regulations specified in Subsection A above or the following standards (whichever is more restrictive) shall apply:
(1)
Discharged wastes shall not contain any of the following:
(a)
Toxic substance.
(b)
Gasoline, benzene, naphtha, fuel, oil or other
flammable or explosive liquid, solid or gas.
(c)
Cyanides or halogens.
(d)
More than 10 parts per million (ppm) of the
following gases: hydrogen sulfide, sulfur dioxide or nitrogen dioxide.
(e)
A chlorine demand in excess of 15 ppm.
(f)
Phenol in excess of 0.0005 ppm.
(g)
Grease, fats or oils or any oily substance in
excess of 100 ppm or exceeding a daily average of 25 ppm.
(h)
Liquid having a temperature higher than 150°
Fahrenheit.
(i)
Matter containing any ashes, cinders, sand,
mud, straw shavings, metal, glass, rags, feathers, tar, plastics,
wood, paunch manure or any solid or viscous substance capable of causing
obstructions or other interference with the proper operation of a
sewage treatment plant.
(k)
Liquid having a pH lower than 5.0 or higher
than 9.0 or having any other corrosive property capable of causing
damage or hazard to structures, equipment or personnel.
(l)
Material which would be harmful to the treatment
of sewage.
(2)
Acidity and alkalinity of wastes shall be neutralized
with a pH 7.0 as a daily average on a volumetric basis, with a temporary
variation of pH 5.0 to 9.0.
A.
No person shall operate or cause to be operated on
private or public property any source of continuous sound (any sound
which is static, fluctuating or intermittent with a recurrence greater
than one time in any fifteen-second interval) in such a manner as
to create a sound level which exceeds the limits set forth for the
receiving land use category in the following table when measured at
or within the property boundary of the receiving land use:
|
Sound Level Limits by Receiving Land Use
and Time
| ||||
|---|---|---|---|---|
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
| ||
|
Residential, public space,
|
1) 7:00 a.m. to 10:00 p.m.
|
60 dBA
| ||
|
open space or institutional
|
2) 10:00 p.m. to 7:00 a.m., plus Sundays and
legal holidays
|
50 dBA
| ||
|
Commercial or business
|
1) 7:00 a.m. to 10:00 p.m.
|
65 dBA
| ||
|
2) 10:00 p.m. to 7:00 a.m., plus Sundays and
legal holidays
|
60 dBA
| |||
|
Industrial
|
At all times
|
70 dBA
| ||
B.
For any source of sound which emits a pure tone, the maximum sound level limits set forth in Subsection A shall be reduced by five decibels (dBA).
C.
The maximum permissible sound level limits set forth in Subsection A shall not apply to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
(2)
Emergency work to provide electricity, water or other
public utilities when public health or safety are involved.
(3)
Domestic power tools between the hours of 7:00 a.m.
and 9:00 p.m. on Mondays through Fridays and between 8:00 a.m. and
9:00 p.m. on Saturdays and 10:00 a.m. to 5:00 p.m. on Sunday.
(4)
Explosives and construction operations.
(5)
Agricultural.
(6)
Motor vehicles traveling on a road or highway.
(7)
Public celebrations specifically authorized by the
Borough.
(8)
Surface carriers engaged in commerce by railroad.
(9)
The unamplified human voice.
D.
For any source of sound which emits an impulsive sound
(a sound of short duration, with an abrupt onset and rapid decay and
an occurrence of not more than one time in any fifteen-second interval),
the excursions of sound pressure level shall not exceed 20 dBA over
the ambient sound pressure level, regardless of time of day or night
or receiving land use, using the fast meter characteristic of a Type
II meter, meeting the ANSI specifications SI.4-1971.
A.
No person shall operate or permit the operation of
any device or conduct or permit any use to be conducted that creates
vibration which is above the vibration perception threshold of an
individual at or beyond the property boundary of the source (if on
private property) or at 50 feet from the source (if on a public space
or public right-of-way).
B.
For the purposes of Subsection A, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
No person shall operate or permit the operation
of any device or conduct or permit any use to be conducted which does
not conform with the standards established under the State Air Pollution
Control Act of January 9, 1960, Public Law 2119, as amended, and Title
25, Rules and Regulations, Department of Environmental Protection,
Subpart C, Protection of Natural Resources, Chapter III Air Resources.
All uses shall minimize the production of light,
heat or glare that is perceptible beyond any property line of the
lot on which the light, heat or glare is produced.
Every use requiring power shall be so operated
that any service lines, substations or other facility shall:
A.
No person shall operate or permit the operation of
any device or conduct or permit any use to be conducted which does
not comply with the regulations of the Pennsylvania Department of
Environmental Protection Division of Radiology, the Federal Nuclear
Regulatory Commission and the Federal Interstate Commerce Commission.
B.
No person shall conduct or permit any use to be conducted
which causes electrical disturbances (except from domestic household
appliances) to adversely affect any equipment at any time other than
the equipment creating the disturbance.
