A.
Existing lots of record less in area or frontage than permitted.
When a lot occurs in any zone district in which single-family dwellings
are permitted and was recorded with Allegheny County prior to adoption
of this chapter but contains less area and/or has less frontage abutting
a public or private road that has been established by this chapter
for the zoning district where the lot is located, such a lot may be
developed without need for a variance, provided:
(1)
The lot does not abut, along a common side property line, another
lot or lots in the same ownership at the time development was proposed,
and which if combined with the first lot, would produce a property
meeting or exceeding the minimum requirements of the zone district;
(2)
No further reduction in depth of front, side or rear yards is needed
to accomplish development; and
B.
Minimum lot size/space for on-lot septic systems. When a property
is dependent upon on-lot sewage disposal, it shall not be developed
unless it contains at least one acre of area, width at the front lot
line of at least 150 feet, provided that any regulations in the zone
district containing the property do not require a larger area or greater
frontage than is herein required, and has received an on-lot septic
system permit from the Allegheny County Health Department. A property
of sufficient area already recorded at the time of adoption of this
chapter, but proposed for development lacking access to public sewers,
may be developed if found acceptable for on-lot sewage disposal after
percolation tests or "open pit tests" as prescribed by the Allegheny
County Department of Health and receipt of a permit from the Allegheny
County Department of Health.
C.
Lot frontage measurement. Lot frontage shall be measured along the
street right-of-way line abutting the property, except that developers
owning lots abutting a cul-de-sac portion of the street may use the
distance between side lot lines measured along the front setback line
as the lot frontage measurement, provided the lot has at least 30
feet frontage on the abutting street right-of-way. Landowners wishing
to develop lots abutting the cul-de-sac portion of a street may use
the distance between the side lot lines measured along the front setback
line, provided the distance along the front setback line equals or
exceeds the required frontage measurement in the zoning district,
and provided further that the lot has at least 30 feet frontage on
the abutting cul-de-sac line, and provided further that the lot meets
all area and bulk requirements for the zoning district.
D.
Structures within easements and rights-of-way.
(1)
No structures, temporary or permanent, shall be placed within any
easement or right-of-way utilized for the purposes of, but not limited
to, ingress, egress, sanitary sewer lines, storm sewer lines, drainage,
or other utilities.
(2)
Unless determined by the Zoning Officer to be detrimental to the
health, safety and welfare of the public, mailboxes, landscaping,
etc., may be placed within said areas, but shall be placed at the
owner's own risk. The property owner shall be solely liable for
any harm to person or property caused by the placement of such structures
and shall be solely responsible for any and all damage caused to such
structures by Township or others entering the easement or right-of-way
to maintain or service utilities or public improvements therein and
for all costs associated with the removal or replacement of such structures.
However, masonry type construction of any type is prohibited within
a ROW.
[Amended 5-24-2017 by Ord. No. 796]
E.
Mobile home parks: see § 310-78A(32).
Refer to Figure 1 to determine the front, side, and rear yard
areas of a lot.
A.
Corner. In lots that abut two streets intersecting at one corner
of the property, the setback from each street to the building line
shall be the front yard setback for the zone district containing the
lot. The side yard setback requirements for the zoning district shall
be used as the rear yard setback and for the remaining side yards.
B.
Front yards on undeveloped lots. Where an undeveloped lot occurs
between two developed lots which are not in conformance with existing
setbacks, the developer may place a principal structure on the undeveloped
lot setback from the front lot line the average distance of the setback
of the two adjacent principal structures, but not less than 15 feet.
C.
Variations in side yards permitted. When a proposed side wall of
an existing structure or a proposed addition is not parallel to the
adjacent side lot line, the structure may be placed so that the average
distance of the nearer and further corners of the side wall to the
side lot line equals or exceeds the required side yard setback for
the zone district containing the lot but in no case shall any point
of the structure be closer than 1/2 the required side yard setback
for the zone district or 10 feet, whichever is greater.
[Amended 9-27-2017 by Ord. No. 797]
D.
Projections into required yards.
(1)
All projections from the wall surface of a primary residential structure,
including but not limited to chimneys, canopies, eaves, cornices,
stairwells, fire escapes, bay windows, balconies, porches or patios,
whether such projections reach to the ground or not, shall be considered
a part of the structure in determining setbacks from property lines.
However, such projections may extend not more than two feet into required
yard areas, provided such projections, except eaves, are not more
than six feet in width.
(2)
Pool filters and air-conditioning units shall be set back as far
as accessory structures from property and street right-of-way lines
and, in addition, shall be screened by evergreen landscaping or a
low wall to reduce noise and visual intrusion.
(3)
Satellite dishes. For the purpose of this chapter, satellite dishes
shall meet the following requirements:
(a)
Ground-mounted.
[1]
No dish shall be constructed in any front or side yard, but
shall be constructed to the rear of the residence or main structure.
Satellite dishes may only be placed in any front or side yard if the
quality of the reception is impaired or prevented, based on the documentation
of a satellite dish provider or installer and accompanying affidavit,
duly notarized, indicating that the quality of the reception would
be impaired or prevented.
[2]
The dish, including its concrete base slab or other structure,
shall meet the rear and side yard setbacks for all accessory structures
in the zoning district where located.
[3]
No dish shall be linked, physically or electronically to a receiver
which is not located on the same lot, premises or parcel of land as
is the earth station.
[4]
A dish shall not exceed a grade height of 12 feet.
[5]
All structural supports shall be of galvanized metal.
[6]
Wiring between a dish and a receiver shall be placed at least
four inches beneath the surface of the ground within rigid conduit.
[7]
A dish must be bonded to a grounding rod.
E.
Buffer yards shall be required along entire perimeter in conjunction
with the development of any property, except with the development
of property for single-family detached residential dwellings, as shown
on the following Table E. Required or granted buffer yards shall be
included in land development plans as a conservation easement for
any single-family developments and shall be recorded as part of any
approved plan.
[Amended 5-24-2017 by Ord. No. 796]
|
Table E - Required Buffer Yards
| ||
|---|---|---|
|
| ||
|
KEY:
|
C = Conservation
| |
|
R = Residential
| ||
|
Development Proposed
|
Required Buffer Yard
| ||||
|---|---|---|---|---|---|
|
A
|
B
|
C
|
D
| ||
|
Multifamily (including PRDs)
| |||||
|
Within or adjoining single-family or conservation
|
X
| ||||
|
Within or adjoining multifamily
|
X
| ||||
|
Within or adjoining any NC or HC
|
X
| ||||
|
Within or adjoining undeveloped C or R
|
X
| ||||
|
Within or adjoining any commercial in RD
|
X
| ||||
|
Within or adjoining any industrial or ORD
|
X
| ||||
|
Commercial in NC or HC
| |||||
|
Within or adjoining single-family
|
X
| ||||
|
Within or adjoining multifamily
|
X
| ||||
|
Within or adjoining undeveloped C or R
|
X
| ||||
|
Within or adjoining any NC or HC
|
X
| ||||
|
Within or adjoining any commercial in RD
|
X
| ||||
|
Within or adjoining any industrial or ORD
|
X
| ||||
|
Commercial in RD
| |||||
|
Within or adjoining single-family
|
X
| ||||
|
Within or adjoining multifamily
|
X
| ||||
|
Within or adjoining any NC or HC
|
X
| ||||
|
Within or adjoining any commercial in RD
|
X
| ||||
|
Within or adjoining undeveloped C or R
|
X
| ||||
|
Within or adjoining any industrial or ORD
|
X
| ||||
|
Industrial, institutional, assembly, educational or ORD
| |||||
|
Within or adjoining any C or R
|
X
| ||||
|
Within or adjoining undeveloped C or R
|
X
| ||||
|
Within or adjoining any commercial
|
X
| ||||
|
Within or adjoining any industrial or ORD
|
X
| ||||
|
Single-family or duplex PRD
| |||||
|
Within or adjoining any conservation
|
X
| ||||
|
Within or adjoining any residential A or B
|
X
| ||||
|
Within or adjoining any residential C or D
|
X
| ||||
|
Within or adjoining any commercial
|
X
| ||||
|
Within or adjoining any industrial or ORD
|
X
| ||||
(1)
The type of buffer yard for the property being developed shall be
based upon the zoning district classification of the adjoining property,
not the use of the adjoining property.
(2)
In some instances, the existing natural topography and vegetation
on the site may fulfill the buffer yard requirements, if: the required
distance from any side or rear lot lines are met; the area is adequately
treed; and the existing topography and vegetation provide a visual
screen, which, in the opinion of the Environmental Advisory Council
and Township Council, is at least equivalent to the required buffer
yard.
|
TABLE D
 |
10-8
|
 |
10-9
|
(3)
Buffer yards defined. The buffer yards identified in § 310-59E, listed as A, B, C, and D, are hereby defined as follows, and can be viewed in Table D. Low-level shrubs, hedges or mounds shall be of such height that a person facing a passenger car with the shrubs, hedges or mound between him/her and the car could observe the car's low-beam lights only as a result of the diffused or reflected light from the headlights and not because the main, direct beam from those lights was observable. Ground cover is required for each buffer yard. If vegetative cover is used, the maintenance of the ground cover shall be in conformance with the then-adopted version of the IPMC.
(a)
Buffer yard A.
[1]
No structures or uses, including but not limited to, buildings,
accessory structures, parking spaces, access drives and lighting devices,
may be located closer than 35 feet to any side or rear lot line; provided,
however, that if the width of any such buffer yard would exceed, respectively,
more than 10% of the width or depth of the subject lot as it existed
as of the effective date of this chapter, measured along a perpendicular
line running from the relevant side or rear lot line, then the size
of the buffer yard shall be established through the following formula.
[2]
On a lot or property with a width or depth of greater than 250
feet, but less than 350 feet, the buffer yard required shall be 10%
of that minimum dimension on that particular side of the property.
For example, on lots with a width greater than 350 feet, the buffer
yard for the rear yard shall be 10% of the depth of the property.
The buffer yards for the side yards shall remain the minimum requirement
of 35 feet. On a lot with a width of less than 350 feet, and a depth
greater than 350 feet, the buffer yards on the side yards shall be
10% of the width of the property. The buffer yard for the rear yard
shall remain the minimum requirement of 35 feet. In no event, however,
shall the side or rear buffer yard be less than 25 feet.
[3]
This buffer yard shall contain two rows of trees. Each row shall
consist of a mixture of deciduous (40%) and evergreen (60%) trees,
spaced within the row, 15 feet apart, measured from the vertical center
line of adjacent trees. The two rows shall be staggered in the manner
shown on the drawings in Table D, which shall result in adjacent trees
in the two different rows being no more than 7.5 feet apart, measured
from the vertical center line of the trees.
[4]
In addition to the above-noted required trees, a row of low-level
evergreen shrubs or hedges shall be planted, or earthen mounding shall
be constructed in the buffer yard which will provide a year-round
visual screen capable of acting as a barrier to light beams emanating
from the headlights of passenger cars.
(b)
Buffer yard B.
[1]
No structures or uses, including but not limited to, buildings,
accessory structures, parking spaces, access drives, and lighting
devices, may be located closer than 25 feet to any side or rear lot
line.
[2]
This twenty-five-foot buffer yard shall contain a row of plantings
which shall be comprised of a mixture of deciduous (40%) and evergreen
(60%) trees. These trees shall be spaced 15 feet apart measured from
the center of the trees.
[3]
In addition to the above-noted required trees, a row of low-level
evergreen shrubs or hedges shall be planted, or earthen mounding shall
be constructed in the buffer yard which shall provide a year-round
visual screen capable of acting as a barrier to light beams emanating
from the headlights of passenger cars.
(c)
Buffer yard C.
[1]
No structures or uses, including but not limited to buildings,
accessory structures, parking spaces, and lighting devices, may be
located any closer than 15 feet to any side or rear lot line. Interconnecting
access drives between development sites may be permitted to extend
through the buffer yard. Plantings required within this area shall
be relocated in another area of the site.
[2]
This fifteen-foot buffer yard shall contain a row of planting
which shall be comprised of a mixture of deciduous (40%) and evergreen
(60%) trees. These trees shall be spaced 15 feet apart measured from
the center of the trees.
[3]
In addition to the above-noted required trees, a row of low-level
evergreen shrubs or hedges shall be planted or earthen mounding shall
be constructed in the buffer yard which shall provide a year-round
visual screen capable of acting as a barrier to light beams emanating
from the headlights of passenger cars.
(d)
Buffer yard D. No structures or uses, including but not limited
to buildings, accessory structures, parking spaces, and lighting devices,
may be located any closer than 10 feet to any side or rear lot line.
Interconnecting access drives between development sites may be permitted
to extend through the buffer yard. Plantings required within this
area shall be relocated in another area of the site. This ten-foot
buffer yard shall contain a row of planting which shall be comprised
of deciduous (40%) and evergreen (60%) trees. These trees shall be
spaced no more than 15 feet apart measured from the center of the
trees.
(e)
Creativity in design is encouraged. Planting of a different
configuration may substitute for any required buffer yard, subject
to the approval of the Township Council, the proposed design accomplished
everything meant to be accomplished by the above standard buffer yard
plantings, i.e., screening, improved aesthetics, etc.
(f)
All buffer yards, as required, shall be provided by the developer
or applicant/owner of the subject parcel during the initial phase
of construction, where a project is developed in phases, and maintained
throughout the development period and thereafter.
(4)
When the yard width specified In Subsection E(3)(a) through (d) is in conflict with the provision of Table A[2] or any other ordinance of the Township of Hampton, the
greater distance shall apply. The planting requirement shall be adhered
to regardless of the yard requirement.
[2]
Editor's Note: Table A is included at the end of this
chapter.
(5)
In instances where an existing structure houses the principal use of the property, and is located within any required buffer yard, a buffer yard of not less than the minimum distance from the existing structure to the property line shall be required. This reduced buffer yard width shall apply only to the yard area in which the existing structure encroaches. If the existing structure is located within the required buffer yard on one side of the building, the required buffer yard, as determined by § 310-59E, shall apply on all other yard areas. All planting requirements shall be adhered to regardless of the buffer yard width.
(6)
All yard areas not utilized for parking facilities, driveways, gardens,
the planting of trees or shrubs, perennials, or similar uses, must
be seeded, sodded, or landscaped within a reasonable period of time.
"Reasonable period of time" shall be determined on a case-by-case
basis and based upon existing weather conditions and forecasts.
(a)
The required plantings of trees and/or shrubs must occur as
long as, or as soon as, the soil is not frozen to a depth greater
than two inches; and
(b)
The required sodding or seeding, and/or planting of perennials,
must occur by October 15 or by the end of April, whichever most immediately
follows the initial occupancy.
(7)
Where trees already exist, as defined by Subsection E(9) below, within the required buffer yard, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Township has given written authorization permitting the removal. This permission will not be unreasonably denied; however, those who violate this section shall be subject to a maximum penalty authorized by this chapter. When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. All such replacement planting shall be in accordance with accepted conservation practices.
(8)
All trees required to be planted within the buffer yard shall be
a minimum of one-and-one-half-inch caliper and shall be planted in
accordance with accepted conservation practices. All required trees
shall be a minimum of six feet in height at time of planting, measured
from the ground adjacent to the planted tree to the top of the tree.
(9)
Any existing trees within the required buffer yard which are a minimum
of four inches DBH shall be preserved and shall count as a required
tree within the buffer yard. At no point, however, shall any required
additional trees be separated at a distance greater than the distance
specified in the required buffer yard.
(10)
It shall be the responsibility of the owner/applicant to assure
the continued growth of all required landscaping and/or to replace
the same in the event of frost, vandalism, disease or other reasons
for the discontinued growth of the required trees, shrubs or bushes.
A six-month time table for the replacement of diseased or dead plants
shall be observed from the date of Township notification about this
condition.
(11)
Stormwater management facilities and associated structures may
be maintained within a buffer yard, but the existence of such facilities
or structures shall not be a basis for a failure to meet the planting
requirements.
B.
Maximum heights allowed.
(2)
For accessory uses, the maximum height shall be 20 feet, not to exceed
one story. Accessory structure height is the vertical distance measured
between the average of the highest and lowest elevation at ground
level to the highest overall point of the structure.
[Amended 9-27-2017 by Ord. No. 797]
(3)
Signs shall not exceed the height limitation for permitted uses.
(4)
Refer also to § 310-78A(37) relating to wireless communication towers and equipment.
(5)
In PRDs in all areas, except RA and RB, a fourth story may be permitted
for equipment servicing the building, provided it is properly housed,
and which shall not exceed the 10 feet in height, and which may be
added to the third floor. Decorative domes may be permitted, provided
that the same shall not be habitable, and which shall likewise not
exceed 10 feet in additional height, but which may be added to a third
floor.
C.
Height exceptions.
(1)
Chimneys, exhaust stacks, church steeples, roof-mounted air-handling
equipment, and communications equipment shall be exempt from maximum
height requirements after review of the proposal by the Planning Commission
and approval by Township Council based on location of the structure
in relation to neighboring properties and streets, and height related
to function. If such structures exceed 35 feet in height above the
ground, they shall not be approved unless application for construction
is accompanied by a written opinion of a registered professional engineer
attesting to the ability of the structure to withstand maximum forces
upon it as to wind, ice and snow loads. Township Council may, where
roof-mounted equipment will be visible from a public street, and after
favorable review of the proposal by the Planning Commission and Environmental
Advisory Council, require that such equipment be screened or hidden
from view, or organized in arrangement to be visually acceptable.
Notwithstanding the foregoing, in no event shall chimneys, exhaust
stacks and roof-mounted equipment exceed a height above the building
by a distance, equal to 1/2 of the height of the building (from ground
level) upon which such structure is to be placed.
(2)
Church steeples shall in no event exceed a height in excess of 75
feet from ground level of the church structure; communications facilities
in no event shall exceed a height of 200 feet from ground level, except
for communications facilities designed and intended for use by governmental
or quasi-governmental entities, such as police, emergency medical
communications, public works, communications, etc.
All subdivisions and land developments shall be designed to
minimize environmental damage, by carefully fitting the subdivision
or development to the natural environment of the site. The purpose
of the regulations in this section is to avoid hazardous development,
protect natural resources, and promote the public health, safety,
and welfare.
A.
Protection of watercourses and wetlands. The purpose of the regulations in this section are to ensure that watercourses and wetlands will be preserved so that they may continue to convey and store water, provide habitat for flora and fauna, and serve as recreational and aesthetic resources. Any proposed encroachment on lakes, ponds, watercourses, floodplains or wetlands shall be regulated as per Chapter 155, Flood Damage Prevention, as amended, and the Pennsylvania Department of Environmental Protection (DEP) encroachment regulations.
(1)
Uses permitted in floodways.
(a)
All four uses listed below and no others are permitted in the
floodway, provided that no increase in the base flood elevation will
result:
[1]
Recreation uses such as: parks, picnic grounds, hiking and riding
trails, fishing areas, wildlife sanctuaries, nature preserves and
swimming areas.
[2]
Construction of crossings of the floodway by roads, bridges
and utility transmission areas.
[3]
Installation and maintenance of utility lines.
[4]
Dams and impoundment basins.
(b)
Uses of Subsection A(1)(a)[1], [2], [3] and [4] above shall be permitted only after the developer shall submit to the Township Engineer a copy of a water obstructions and encroachment permit from the Pennsylvania DEP, Division of Dams and Waterway Management, for the proposed use within the floodway, or evidence from said Department that such permit is not required.
(c)
The following shall not be placed or caused to be placed in
the designated floodway: fences, except two-wire fences; other matters
which may impede, retard, or change the direction of the flow of water
or that will catch or collect debris carried by such water, or that
is placed where the natural flow of the stream or floodwater would
carry the same downstream to the damage or detriment of either public
or private property adjacent to the floodway.
(2)
Uses permitted in floodplain area. The following uses and no others
are permitted in the floodplain area:
(3)
Nonconforming structures and uses (preexisting) in the floodway and floodplain shall be regulated as per Chapter 155, Flood Damage Prevention, as amended, and the Pennsylvania Department of Environmental Protection (DEP).
(4)
No filling, piping, draining or diverting shall be permitted in wetlands,
ponds or lakes unless a permit is obtained from the Pennsylvania Department
of Environmental Protection (DEP).
(5)
Setback or open space easement required. No grading, cutting, filling,
removal of vegetation, or other disturbance shall be permitted within
50 feet of the top of the bank of any watercourse or within 100 feet
of any pond, lake or wetland.
[Amended 5-24-2017 by Ord. No. 796]
(a)
In larger subdivisions and land developments, the required setback
area should be integrated into a system of open space. In smaller
subdivisions and land developments, the preservation of these open
space areas shall be ensured through recorded easements, deed restrictions,
or other means acceptable to the Township Council and upon review
of the EAC.
(b)
Where the required setback or easement would render a site unusable
under existing zoning regulation because of the limited size or dimensions
of a parcel of land prior to its subdivision, Township Council may
reduce the setback to no less than 25 feet along pond, lake, or wetland
edges. Any reduction in depth of setback which may be allowed by Township
Council does not supersede any requirement for a greater setback imposed
by federal or state regulations.
(c)
Minor earth disturbance and construction within the area of
the required setback or easement, required for access for development
in other areas of the site, may be allowed in accordance with all
regulations of the Department of Environmental Protection and Township
floodway or floodplain regulations.
(6)
Alteration of drainage. When a proposed subdivision or land development
encompasses or adjoins a watercourse, wetland, or springs area, the
design of the proposed development shall ensure that site drainage
is not altered in ways that will reduce the ability of any watercourse
or wetland to support the vegetation and animal life that characterized
the area before development.
B.
Erosion, sedimentation and stormwater runoff from any property shall be controlled as per Chapter 280, Subdivision and Land Development, and the Township's Grading Ordinance[1] and in accordance with the regulations of Pennsylvania
Code Title 25, Chapter 102. All earthmoving activities, regardless
of size, must have the appropriate erosion and sediment control BMPs
implemented and maintained. The Township will require the submittal
of a written erosion and sedimentation control plan for all earth
disturbances exceeding the minimum area of disturbance listed in Chapter
102.
C.
Protection of significant natural areas.
(1)
Every subdivision and land development site plan shall consider,
protect, and, to the maximum extent feasible, ensure the preservation
of the natural areas and resources that are identified in the following:
(2)
Where a proposed subdivision or land development includes an identified
natural feature, such as a rare or endangered species, which is regulated
by municipal, state, or federal law, the applicant shall provide evidence
of compliance with any applicable regulation.
(3)
Where proposed development sites include identified natural resources
that are not protected or regulated by municipal, state or federal
law, the development plan shall incorporate preservation of the feature
as an element in the site design, to the maximum extent feasible.
(4)
Wherever possible, prime scenic views from roads and/or hilltops
shall be preserved for public enjoyment.
(5)
Applicants for approval of subdivisions and land developments are
urged to include open space areas and facilities to meet the recreational
needs of residents and other users of the proposed development. Recreational
use may be made of areas where development is restricted for environmental
reasons. There may be opportunities to link open space within a development
to open space in adjoining areas and to create, over time, continuous
systems of open space that will add great value to the development
and to the community.
D.
Steep slopes and very steep slopes shall be protected as follows:
(1)
Very steep slopes (over 25%): no environmental disturbance of any
kind shall be permitted on these areas.
(2)
Steep slopes (15% to 25%), where any portion of the steep slope contains
soils identified on the Township of Hampton Soils Maps as having a
high landslide-prone risk; no environmental disturbance of any kind
shall be permitted in the steep slope areas containing the high-risk
landslide-prone soils.
(3)
Steep slopes (15% to 25%), where any portion of the steep slope contains
soils identified on the Township of Hampton Soils Maps as having a
moderate landslide-prone risk; disturbances not exceeding 25% of the
steep slope areas containing the moderate-risk landslide-prone soils
may be permitted, provided the applicant demonstrates to the satisfaction
of the Township Engineer and Township Council that such disturbances
will not adversely impact the stability of the soils.
(4)
Steep slopes (15% to 25%), not involving any areas identified on
the Township of Hampton Soils Maps as having landslide-prone soils:
no more than 50% of the steep slope area may be environmentally disturbed.
(5)
In instances where it can be demonstrated to the satisfaction of the Township Council that no adverse environmental impacts will occur, the determination of the percent slope may be calculated using the average percent slope. (See Article IV, Terminology, § 310-11, the definition of "slope" for the formula to calculate this.) Use of the average percent slope may be utilized, provided that the following has been taken into consideration for making the judgment:
(c)
In the case of 15% to 25% slopes that have a high landslide
risk, or very steep slopes over 25%, Council shall also look at the
total area of the proposed disturbance in relation to the total area
of the entire site and base their decision on the total amount of
overall disturbance to the site, the least possible disturbance being
the goal.
(d)
In the case of 25% and over slopes which are also shown to have
landslide-prone soils, such a waiver should only be given in the instance
of an extremely difficult site from the standpoint of environmental
constraints, and then given only for the minimum amount of disturbance
needed for the owner to realize a reasonable use and monetary return
for his property.
E.
Preservation of historic and/or architectural resources.
(1)
Structures of known historic or architectural significance and location
of known or probable archaeological sites shall be identified on the
existing conditions map and described in the preliminary application
materials.
(2)
Where the presence of such features is known or suspected, or where
required by DEP or another permitting agency, the applicant shall
notify the Pennsylvania Historical Museum Commission (PHMC) of the
proposed development and request a determination concerning the presence
of significant resources from the PHMC.
(a)
A copy of the notification to the PHMC shall be submitted with
the application for preliminary approval.
(b)
Township Council shall condition preliminary approval upon the
applicant's receipt from PHMC of a determination that:
[1]
No significant resources are present on the site or that the
proposed-development will not adversely impact resources that may
be present; or
[2]
Significant resources are present or likely to be present on
the site; together with an approved plan or program for the mitigation
of any adverse impacts of the proposed development upon the historic
or archaeological resource.
[3]
A copy of the required determination by the PHMC shall be submitted
with an application for final approval, and no development requiring
such a determination shall be finally approved without it.
F.
Vegetation shall be protected as follows:
(1)
Preservation of large or unique trees. All healthy trees with trunks
equal to, or exceeding 24 inches DBH, or any tree which may be noteworthy
because of its species, age, uniqueness, rarity, or status as a landmark
due to historical or other cultural associations, and which is located
within the area of disturbance, shall be preserved unless removal
is deemed absolutely necessary. Criteria for evaluating the necessity
for removal shall include the following:
(a)
The health of the tree, whether it is dead or diseased beyond
remedy, or whether it is likely to endanger the public or an adjoining
property.
(b)
Other constraints of the site, where the applicant demonstrates
to the satisfaction of Township Council that no reasonable alternative
exists and that removal of a tree is necessary for construction of
building foundation, roads, trenching for utilities, or other essential
improvements.
(c)
In the case where the required replacement ratio will exceed
the capacity of the site.
(2)
Large or unique trees which cannot be preserved shall be replaced,
either with identical species or with a mix of equally long-lived
native species as follows:
(a)
For every tree with a twenty-four-inch DBH or larger, at least
six trees with a minimum caliper of 1 1/2 inch; or shrubs may
be substituted for up to four of the six replacement trees at a ratio
of 2:1.
(b)
The placement and spacing of the replacement trees shall be
subject to the approval of Township Council and advice from the EAC,
but shall at a minimum be such to ensure the health and longevity
of the replacement trees.
(3)
Preservation of other trees and vegetation in general. No removal
of trees, shrubbery, foliage, grass, or other natural growth shall
be permitted, except in conformance with the provisions of this chapter
of the Township of Hampton regulating land use and development, except
that the activity of grubbing shall be permitted.
(4)
The mass or large-scale cutting of trees and clearing of vegetation
for the sole purpose of clearing land, unless incidental to imminent
development, is prohibited. "Grubbing," as defined, is permitted for
aesthetic, safety or other concerns. This language is not intended
to prohibit the culling of diseased, dead or dying plants or trees;
the development of flower or vegetable gardens; the removal of single
trees or clumps of vegetation for aesthetic, safety or other concerns.
It prohibits the mass or large-scale defoliation of property preparatory
to development until 30 days before the proposed development actually
takes place.
(5)
In addition to the large or unique trees in Subsection F(1):
(a)
Existing trees which are six inches DBH or more shall be preserved
unless they are located in the actual space to be occupied by a structure,
or unless it can be clearly shown to be detrimental to the proposed
development.
(b)
Existing trees which are 12 inches to 24 inches DBH and are
removed for development shall be replaced with an identical species,
or equally long-lived tree species, with a minimum two-and-one-half-inch
caliper on a one-for-one basis.
(6)
All trees to be preserved shall be protected during construction
by utilizing the following procedures:
(a)
The critical root zone shall be protected by securely staked
fencing with a minimum height of 36 inches surrounding the tree, or
tree area, at a minimum, distance of the tree's drip line. No
storage or placement of any soil or construction materials, including
construction wastes, shall occur within the fenced area. Cables, ropes,
signs and fencing shall not be placed on protected trees.
(b)
The operation of heavy equipment over root systems of such trees
shall be minimized in order to prevent soil compaction.
(c)
Where existing ground levels are raised, drainage tiles shall
be placed vertically at old soil level and tops brought up to the
surface of the ground and filled with course, crushed stone or gravel.
The tiles should be placed to the perimeter of the drip line of the
tree at a maximum of four feet apart.
(7)
Any tree trunks or exposed roots which are damaged during construction
shall be protected from further damage by being treated immediately
with professional procedures.
(8)
Nondormant trees shall be given an application of a more phosphorus-based
fertilizer to aid in their recovery from possible damage caused by
construction operations.
(9)
Any existing trees which are to remain on the site, according to
the approved site plan, shall be immediately marked on the site in
some bold manner, so that they are not cut down in error. In the event
that any of these trees designated to remain are cut down or killed
during construction, they shall be replaced with the same species
as follows:
(a)
In the case of mature and larger trees, but less than 24 inches
DBH, the minimum size allowed for a replacement shall be at least
three inches in caliper for deciduous and 10 feet in height for coniferous
trees.
G.
Disturbance of existing biological communities on the site shall
be minimized, such that, except where clearly infeasible or in conflict
with other Township objectives of higher priority, the most mature
ecological community on a site after development must be as mature
as that before development.
H.
All disturbed topsoil shall be stockpiled, protected from erosion,
and replaced after construction on the site over all graded, nondeveloped
areas so that there might be approximately four inches of topsoil
there.
I.
Avoidance of hazardous development.
(2)
Undermined areas. No land development involving the construction
of buildings and no subdivision of land intended to create lots for
building construction shall be approved on a site which has been undermined
at shallow depths or in an area where there is evidence of past subsidence
unless the applicant demonstrates that the proposed subdivision or
land development will be safe and will not create hazards for adjacent
properties. Evidence of safety shall be one of the following:
(a)
If the site or any area of the site has been undermined and
has 100 feet or less of overburden, evidence of the safety of the
proposed subdivision or land development shall require site investigation
and certification in writing by a professional engineer, experienced
in subsidence risk assessment, that the proposed development will
be safe.
(b)
If the site has been undermined at a depth exceeding 100 feet
of overburden, a subsidence risk assessment by a professional engineer
and written certification that the proposed subdivision or land development
will be safe may be required if the Township, the County, or the applicant
has knowledge of any past occurrences of subsidence in the general
vicinity of the site.
(3)
Landslide-prone areas.
(b)
When a limited disturbance of unstable areas is requested by
an applicant, evidence of the safety of any proposed disturbance shall
require site investigation and certification in writing by a registered
soils engineer, engineering geologist, or professional engineer with
experience in soils engineering, that the proposed activity will not
create or exacerbate unsafe conditions.
(4)
Contaminated sites. Township Council shall not approve the subdivision
or development of land which is known to contain substances which
are classified as hazardous unless the site has been made safe for
the proposed development.
(a)
A contaminated site shall be considered safe for subdivision or development when a remediation plan has been completed and approved by DEP, subject to the provisions of Subsection I(4)(b) below.
(b)
If a remediation plan includes limitations on uses, or other
site restrictions that would not apply to other property in the same
zoning district, these same limitations and/or restrictions must be
included with the proposed subdivision or land development when it
is considered for approval by the Township Council.
(c)
The subdivision of contaminated land, not including any development
or earth disturbance, may be approved prior to remediation if a notation
approved by Township Council, after advice from the Township Engineers,
is placed on the recorded plan, which indicates that the site or specified
lots within the site contain or may contain hazardous substances.
The following standards governing the operation of permitted
activities in any commercial, office, multifamily residential or industrial
district shall apply when they are more restrictive than applicable
controls of Allegheny County or the Commonwealth of Pennsylvania:
A.
The developer shall produce evidence that the requirements of Allegheny
County and the Commonwealth of Pennsylvania have been or will be met
in the conduct of the proposed operation both during and after development.
B.
The following are maximum allowable emissions as measured along property
boundaries:
(1)
Noise: 50 decibels, whether steady or intermittent, along the boundary
of the property containing the noise source, except noise of transportation
in motion, or construction of a building, which shall be excluded.
(a)
Exemptions to noise standards. The maximum permissible sound
level limits set forth above shall not apply to any of the following
noise sources:
[1]
Sound needed to alert people about an emergency or building,
equipment, or facility security alarms.
[2]
Repair or construction work to provide electricity, water or
other public utilities between the hours of 7:00 a.m. and 9:00 p.m.,
except for clearly emergency repairs, which are not restricted by
time.
[3]
Household power tools and lawn mowers between the hours of 8:00
a.m. and 9:00 p.m.
[4]
Construction operations (including the occasional use of blasting
in construction) and repairs of public facilities (including sidewalks
and streets) within the hours of 7:00 a.m. and 9:00 p.m., except for
clearly emergency repairs, which are not restricted by time.
[5]
Agricultural activities, but not exempting kennels.
[6]
Motor vehicles traveling on state-owned streets.
[7]
Public celebrations and/or performances, specifically authorized
by the municipal government body or a county, state, or federal government
agency or body.
[8]
Railroads and aircraft.
[9]
Unamplified human voices.
[10]
Routine ringing of bells and chimes by a place
of worship.
[11]
Police firing range activities.
[12]
Oil and gas development [Phase 1 stage only shall meet the requirements established in § 310-78A(36)].
(2)
Smoke. Density equivalent to Number 2 on the Ringelmann detection
chart measured along property boundaries.
(3)
Glare. In no case shall illumination exceed those parameters established in § 310-66H(1). The exception to this being an installation for the purpose of illumination of an intersection at a public street or commercial driveway intersection with a public road. However, any installation of this type of lighting shall be of the shielded variety.
(4)
Odors. Odors created by any manufacturing or processing operation
shall not be discernible beyond the property carrying on a manufacturing
or processing operation.
C.
The following controls on potentially noxious side effects of industrial
operations shall also apply and the developer shall demonstrate to
the Township Council's satisfaction, that if activities likely
to produce these side effects will be a part of the operation, then
measures will be taken to conform to these controls:
(1)
Dust. Shall be gathered within the structure housing the process
producing the dust.
(2)
Radioactivity or electrical disturbance. No activities shall be permitted
which emit dangerous radioactivity or electrical disturbance beyond
the boundary of the property upon which such disturbance originates.
(3)
(4)
Waste disposal.
(a)
Solid.
[1]
Solid waste shall be removed from construction sites as soon
as the container is full or reaches permitted capacity, and shall
meet all Pennsylvania Department of Transportation requirements for
transportation from the site.
[2]
Solid refuse waste from households, commercial restaurants,
food stores, etc., shall be removed from every property at least once
weekly for pest control, sanitation and health reasons.
(b)
Liquid. Liquid waste shall be directed to the sanitary public
sewer or, if certain liquid wastes are not permitted to enter the
sewers, they shall be removed from the property producing them and
disposed of in a manner complying with state regulations.
D.
Industrial standards. The following standards shall apply to all
research, development and industrial construction or development,
whether new facilities, or expansion of existing operations, proposed
after the enactment of this chapter:
(1)
The buffer yard areas are to be constructed and maintained according to § 310-59E of this chapter. Plantings shall be maintained at their natural height thereafter. The design of the planted buffer yard shall be determined on a case-by-case basis by a landscape architect or horticulturist paid by the developer. The design shall consider topography and proposed and existing vegetation, and shall be acted upon by the Township Council after review and recommendation by the Environmental Advisory Council.
(2)
The operation is one listed as a permitted use or conditional use in § 310-40, Light Industrial District, § 310-41, Heavy Industrial District, and § 310-42, Office, Research and Development District, is clean and quiet (meaning that it is in conformance with Subsection B) and in addition, the operation generates no vibration, gas accumulation or radiation detectable outside of any of the buildings.
(3)
The constituents of process stack emissions, such as particulates,
sulfur dioxide, noxious gases and volatile organic compounds, shall
be identified by the operator as to the chemical compounds and mass
emission rates (such as pounds per day, etc.). Further, such emissions
into the air shall be reduced to the lowest level attainable by best
available control technology, as defined in the comment below. Such
technology is to be proposed by the operator and accepted by the Township
after receiving advice from a mutually agreed upon consultant. Emissions
shall be subject to annual testing by a qualified, independent consultant
approved by the Township and hired by the operator, who shall submit
all test results, broken down by chemical and mass emission rate,
to the Township. Further, when and if it is made known that there
is a hazardous air pollutant as defined in Section 112 of the Clean
Air Act, then, on a case-by-case basis, the operator will be required
to provide continuous monitoring on process stack emissions for the
hazardous pollutants. The Township shall be notified any time that
the normal emission rate is exceeded by more than 25% for three consecutive
on shifts.
|
Comment: "Best available control technology" is an emission
limitation based on the maximum degree of reduction of each process
stack emission constituents, which the mutually agreed upon consultant
determines on a case-by-case basis to be achievable, taking into account
environmental and economic impacts and other costs. The best available
control technology so determined may be more stringent, but not less
stringent, in terms of emission reduction required, than the determination
of best available control technology for the same process stack emission
accepted by the Allegheny County Health Department in its administration
as set forth in Article 20 of the Rules and Regulations of the Allegheny
County Health Department with air pollution control.
|
(4)
The proposed plan of the development of the property as indicated
by the location, height and bulk of the building or buildings and
signs, the arrangement of vehicular entrances and interior road network,
the layout of the parking lots and truck servicing areas, the site
grading, landscaping and tree planting, and the existing development
of adjacent properties are shown on a rendered architectural drawing
which also specifies the proposed exterior materials of the building
or buildings.
(5)
Access to the property is directly from an arterial road, except
for an optional controlled exit to a second road for emergency use
only.
(6)
No materials, either solid or liquid, used in or produced by the
assembly or limited manufacturing operation, including waste or residual
products, are stored outside the building or buildings, except on
a temporary basis, except that nitrogen may be stored outside in closed
containers located so as to be out of view by observers on adjacent
properties or streets and secured as required by the Department of
Labor and Industry, the Department of Environment Protection and the
Occupational Safety and Health Act regulations.
(7)
Lighting to illuminate parking lots, signs and/or buildings is directed downward from the source and away from adjacent streets and residential properties, or a sign may be internally or backlighted, provided no light source is more than 30 feet off the ground directly below and the light intensity does not exceed those parameters established in § 310-66H.
(8)
All utility lines on the property are placed underground.
E.
Performance standards procedure.
(1)
Prior to construction and operation. Any application for a building
permit for construction in the Light Industrial District, the Office,
Research and Development District or the Heavy Industrial District
shall be accompanied by expert evidence with the cost borne by the
owner of the property, that the proposed use will be operated in accordance
with these performance standards. Such statements shall describe in
detail the proposed use and process relative to compliance with this
chapter and any change in the future to the process, as described
by the applicant or by a successor company, shall be presented to
the Township for approval to insure continued compliance.
(2)
Continued compliance. Continued compliance with performance standards
is required and continued compliance with these performance standards
shall be enforced by the Zoning Officer.
(3)
Determination of violation. The Zoning Officer shall investigate any purported violation of performance standards. If it is determined that a violation exists, such violation shall be terminated as provided in Subsection E(4) following.
(4)
Termination of violation. All verified violations shall be terminated within 30 days of the decision of the Zoning Officer and shall be deemed a separate violation for each day following the thirty-day period and subject to penalties as set forth in Article XX of this chapter. Appeal from the Zoning Officer's decision shall be to the Zoning Hearing Board.
A.
Any developer or owner of property in any zoning district who proposes to construct a new building or enlarge an existing building for any use other than as a single-family dwelling shall provide the Planning Commission 20 copies of the plans described in Subsection F. Where an owner or developer proposes to enlarge or relocate parking areas, access drives, signs or other permanent features in his plan, he shall provide the Planning Commission with 20 copies of the plans and supporting drawings sufficient to illustrate his proposal. No zoning permit or occupancy permit shall be issued for any use upon any lot except a single-family dwelling until a site development plan has been submitted, reviewed and approved in accordance with the provisions established in this chapter and Chapter 280, Subdivision and Land Development; providing, however, that the existing structures where the occupancy is being changed without any change in use category or new construction or addition to structure and without change in site are exempt from this requirement.
(1)
Where a property owner desires to improve the facade of the building
aesthetically, and such improvement shall not constitute an enlargement
of the building, no additional site plan review shall be required,
provided:
(a)
The improvement does not reduce or eliminate parking spaces.
(b)
The area located within the improvement is not and may not be
used for any activity or purpose.
(c)
Such improvement does not interfere with any fire lanes, access drives or traffic patterns or violate any activities in Subsection F(2)(b)[3], [7] and [9].
(d)
The improvement does not violate any setback or height requirements
and in general complies with all ordinances relative to any such structure.
(e)
Notwithstanding the foregoing, all required permits must be
applied for.
(2)
Revised site plans shall not be required to be submitted when a property owner wishes to construct an accessory structure or to construct an addition to a previously approved primary structure in any of the zoning districts referenced in Subsection A which is less than 1,000 square feet not affecting any parking spaces or access aisles or other permanent features on the site and which structures are not placed on or within 10 feet of any rights-of-way, easements or parking areas. Placement of any such structures shall be in conformity with all applicable Township regulations (i.e., setback requirements, height limitations, permits, etc.). Multiple accessory structures, or additions to previously approved primary or accessory structures that meet or exceed the 1,000 square foot limit, shall require a revised site plan.
B.
Shared access lane. Any developer or owner of property in any commercial, office research and development, or industrial district who proposes to construct a new building or enlarge an existing building, or any developers or owners of property situate in a commercial, office research and development, or industrial district who desire to use a common entrance from a public street for purposes of ingress, egress and regress may, upon the submission of an appropriate site plan, in accordance with the provisions of this chapter, and of Chapter 280, Subdivision and Land Development, obtain such approval, provided that such shared access driveway shall:
(1)
Extend in length no further than 800 feet;
(2)
Be no less than 35 feet in width containing a paved cart way of no
less than 24 feet in width;
(3)
Shall not allow parking spaces within 10 feet of the paved cart way;
(4)
Shall record the appropriate irrevocable right-of-way agreement in
the office of the Recorder of Deeds of Allegheny County; and
C.
Change of principal permitted use.
(1)
When a property containing a single permitted use changes use or is abandoned for a period of one year and the property is located in one of the districts identified in Subsection A, the developer or property owner shall file a site plan meeting the requirements contained in Subsection F(2) unless the use is referred to in § 310-119B and is similar in nature to the previous use. The site plan shall be forwarded directly to the Township Council at least 10 days prior to their agenda meeting for its review and possible approval at their next scheduled regular meeting. If the new proposed use has parking requirements different than the previous use and requires the creation of additional parking spaces or areas, then a revised site plan shall be required.
(2)
If the existing condition of the site does not conform with any provisions
of this chapter, where appropriate, the Township Council may require
the developer or property owner to construct or install improvements
to the site in order to bring it into compliance with the current
standards of this chapter, i.e., adding landscaping and buffer yards.
(3)
This process shall only apply in situations when the primary use of the site is changing and does not apply to sites with multiple uses, i.e., a strip mall. The enlargement, modification or alteration of any permanent features on the site shall require the developer or owner to follow the review procedures outlined in Subsection E.
D.
If a developer or owner proposes a use listed as a conditional use in §§ 310-37C, 310-38C, 310-39C, 310-40C, 310-41C, and 310-42C of this chapter, he shall first or simultaneously receive approval of his proposal under the requirements of Article XII before proceeding to satisfy the requirements of this section.
(1)
In the event that a variance from the requirements of this chapter
is also requested by the developer, it must be approved by the Zoning
Hearing Board before a favorable decision on the site plan is made
by Township Council. Such request for a variance shall be accompanied
by a copy of a written request for an extension of time submitted
to Council for an extension of time for action on the site plan application.
If the developer fails to agree to the extension of time, the Township
Council shall act on the application as though no variance has been
granted.
(2)
The Planning Commission and Environmental Advisory Council should
review the site plan while a variance request is being reviewed by
the Zoning Hearing Board and may recommend approval, rejection, or
approval with conditions before a decision is reached by the Zoning
Hearing Board.
E.
Procedure for consideration and approval.
(1)
The developer or owner shall submit the required plans to the Township
at least 10 working days prior to the regular meeting of the Township
Council, for referral by Township Council at their next regular meeting
to the Planning Commission and Environmental Advisory Council.
(2)
At their next regularly scheduled meetings following referral, the
Planning Commission and Environmental Advisory Council shall review
the plans as to conformity with this chapter; the physical arrangement
and appearance of the structures on the property; vehicular access
and circulation into and within the property; parking layout; pedestrian
walks; likely congestion or other dangerous conditions that may be
created by the proposed development in adjacent roads; storm drainage
systems, signs, outdoor lighting, landscaping and other features of
the proposal that may be pertinent to the public health and safety.
The developer or owner or their representative is urged to attend
these meetings.
(3)
The Planning Commission and Environmental Advisory Council may recommend
to: approve; approve with conditions; or reject the proposal as presented.
The developer or owner may make revisions as suggested by the Planning
Commission and/or Environmental Advisory Council and resubmit plans
to the Planning Commission and the Environmental Advisory Council.
The Environmental Advisory Council may also assign a Tracker to assist
in monitoring the project for compliance with the projects approved
development and landscaping plans. The Tracker, if any, shall report
his or her findings directly to the Zoning Officer.
(4)
Immediately after the Planning Commission and Environmental Advisory
Council have made their recommendations and after the developer or
owner proposes no further revisions, the plans shall be submitted
to the Township Council, which shall review them at its next regular
meeting along with the Planning Commission's and Environmental
Advisory Council's recommendations. The Township Council shall
approve or reject the plan, or they may approve it with conditions,
which shall be attached to any permit issued for any construction
on the property.
(5)
After final approval by the Township Council, no changes shall be
made in a plan unless the changes are first reviewed by the Planning
Commission and the Environmental Advisory Council, and then approved
by the Township Council. A change in scheduling or sequence in the
development of a plan to be carried out over a time period and approved
on this basis shall require review and approval as for any other change.
(6)
Separate building permits shall be required for each structure to
be erected as part of an approved group of structures on a site regardless
of the proposed timing of the construction of each. Site development
work, including but not limited to paving, storm drainage structures
and landscaping, shall be included as part of the work covered under
the building permit and subject to the same completion requirements
as for the structure.
(7)
In addition to meeting all buffer yard requirements, at least 10%
of any property to be developed shall be landscaped per recommendation
of the Environmental Advisory Council and approval by the Township
Council. Not less than 5% of the total property area shall be landscaping
in that portion lying between the principal structure on the property
and the abutting street right-of-way. Landscaping shall be primarily
vegetation and should provide a combination of several components
such as grassed areas, shrubbery, trees, ground cover, boulders or
other features and shall be mulched and maintained. Submitted drawings
shall clearly show all landscaping elements by type and location.
(8)
To the extent possible, parking and truck loading areas shall be arranged to be hidden from view from adjacent residential areas, or screened from view by use of appropriate landscaping materials, fencing or earth mounding, or any combination of these. Parking and loading areas must meet the provisions established in §§ 310-59E, 310-65H and 310-79G.
(9)
Once the plan is approved, the development must occur within 24 months,
unless an extension is requested in writing, and approved by Township
Council. If not, the site plan approved is void, and a new plan must
be submitted for review.
F.
Contents of site plan submission.
(1)
Twenty-six copies of the site plan shall be presented in prints at
a scale not smaller than one inch equals 50 feet, six full-size copies
and 20 eleven-inch-by-seventeen-inch copies. An electronic copy of
all submitted material must also be included. A location map at a
scale of not less than one inch equals 2,000 feet shall also be provided,
on the same sheet if desired, indicating the site in relation to major
roads and major landmarks in the vicinity.
(2)
The site plan shall contain, where applicable, at least the following information. Additional information may be required by the Planning Commission at its discretion. For existing structures where only the use is changing, see Subsection C.
(a)
Existing conditions.
[1]
Contours at two-foot intervals; except where slopes exceed 25%,
which shall be at ten-foot intervals. Show existing contours with
dashed lines and numbered clearly. State location and elevation of
datum to which contour elevations refer: datum used shall be a known,
established benchmark. Contours plotted from USGS quadrangle map will
not be acceptable for properties with slopes over 15%.
[3]
Soils. Identify soil series in the Soil Survey of Allegheny
County and plot the soil limits on the base map.
[4]
Regulated water of the commonwealth and required setback as
defined in Title 25, Environmental Resources, Chapter 1-5, Dam Safety
and Waterway Management. If any part of the site lies within a floodplain,
as indicated on a certified FEMA map, plot the floodway and the one-hundred-year
floodplain boundary on the base map and reference the community panel
number, map name, date, and map panel numbers.
[5]
Vegetative cover. Provide a brief description of the vegetative
cover of the site, including type (meadow, woodland, wetland, etc.).
Show location of any woodlands on the base map. Trees over six feet
DBH shall also be mapped if they are in or near the proposed area
of disturbance.
[6]
Significant natural features, including plant and wildlife habitat
area for rare or endangered species, wetlands, or any other natural
feature identified in the Allegheny County Natural Heritage Inventory.
[7]
Potentially hazardous features, including quarry sites, surface
and subsurface mines, undermined area, underground fires, solid waste
disposal sites, contaminated areas, and landslide-prone areas. Show
approximate location and cite source information.
[8]
Significant cultural features, including cemeteries, burial
sites, archeological sites, historic buildings, structures, plaques,
markers, or monuments. Show approximate location and cite source information.
(b)
Proposed conditions.
[1]
Bearings and distances of all property lines and area of property
in feet;
[2]
Location of adjacent road curbs or edge of paving and existing
and proposed curb cuts;
[3]
Public sanitary sewer, water supply, stormwater management,
gas, electric, telephone, and utility lines overhead or underground,
existing and proposed, in streets, rights-of-way or in easements,
inside the property or within 50 feet of a boundary;
[4]
Proposed regarding at two-foot intervals or spot elevations
50 feet apart in two directions over the property if it is relatively
flat, as determined by Township Engineers. The contours or spot elevations
should extend 50 feet beyond the property lines;
[5]
Location, height and use of all existing structures to remain
and new structures, with structures to be removed shown by a dotted
outline;
[6]
Distances between all proposed structures or additions and property
lines;
[7]
Paving including access drives from adjacent streets and parking
and loading areas on the property, traffic circulation patterns, treatment
of edges, parking layout with dimensions of aisles and spaces and
planting areas, number of spaces, pedestrian walkways, proposed sloping
of surfaces to storm drainage system, devices to retard stormwater
drainage, and profiles of the proposed storm and sanitary sewers;
[8]
Proposed pedestrian and bicycle circulation route, including
any easement or rights-of-way;
[9]
Proposed public or semipublic areas, reserved areas, common
ground, open space areas, and any related conditions or restrictions;
[10]
Proposed landscaping, including the names, sizes,
quantities, and approximate location of all proposed plant materials,
as well as walls, fences, outdoor lighting, etc.;
[11]
Proposed signs showing elevation view and noting
height of the top of the sign above the ground below, and dimensions
of sign faces and distances from property lines;
[12]
Elevation of each wall of each proposed structure
showing architectural treatment, or, optionally, a rendered perspective
drawing of a structure showing two walls, at least one facing the
access street;
[13]
The name and address of the owner, developer,
engineer and architect (if involved) with the Pennsylvania seals and
signatures of the professional preparing the surveys and drawings,
together with verification from the owner, if not the developer, that
he concurs with the plan; and
[14]
North arrow, graphic scale, title and date of
submission.
G.
Request for additional information. Whenever it is determined by
the Planning Commission and/or the Environmental Advisory Council
that additional information is needed in order to make a proper decision
related to the site plan application, Township Council may notify
the applicant of such and the information must be provided at the
applicant's expense before the application will be considered
complete.
H.
Additional requirements. Whenever unusual circumstances arise not
normally considered by requirements and standards, the Township Council
may impose conditions upon application approvals that are consistent
with the purpose and objectives of this chapter.
A.
Environmental report requirements. If one or more of the following
circumstances exist as part of the site plan application, the Planning
Commission or Environmental Advisory Council may recommend to Township
Council that an environmental impact statement will be required as
part of the application:
(1)
Development in undermined areas with less than 100 feet of overburden,
as designated by the United States Geological Survey.
(2)
Development or encroachment involving a natural stream or watercourse
or wetland.
(3)
Development within a landslide-susceptibility area as designated
by the United States Geological Survey.
(4)
Development involving the removal of 10,000 square feet or more of
woodland, as designated by the United States Geological Survey, or
development involving the removal of natural vegetation of five acres
or more in area.
(5)
Any industrial development.
B.
Environmental report content.
(1)
(2)
An assessment of the environmental impact of the proposed development with particular attention paid to those items outlined in Subsection A.
(3)
A list of all licenses, permits and other approvals required by municipal,
county, or state law and the status of each. The approvals and permits
should be required before final consideration of the site plan.
(4)
A list of steps proposed to minimize environmental damage to the
site and region during construction and operation. The consideration
of soil erosion, preservation of trees, protection of watercourses,
protection of air resources, and noise control are some factors to
be considered.
(5)
Evidence that the environmental impact statement was prepared by
a professional, competent in the field of concern, i.e., a soils engineer
for excavation or soils problems, a geologist or geotechnical consultant
for undermining and landsliding problems, etc.
C.
Waiver of environmental report requirement. The Township Council
may waive the requirement for an Environmental Impact Statement after
review of the Environmental Advisory Council, if an applicant requests
said waiver in writing, and further, provided said development meets
all standards of this chapter, will be served by both public water
and sewer systems, does not involve the relocation, improvement or
alterations of any watercourse, and no portion of the site is located
within a flood hazard or flood-prone or slide-prone area as designated
by the United States Geological Survey.
D.
Waiver of requirements. Provided the site plan application is in
conformance with all other applicable municipal ordinances, that the
applicant has requested such in writing, and the Planning Commission
or Environmental Advisory Council has reviewed the request, the Township
Council may waive, alter, or reduce any requirement or standard of
this section under the following circumstances:
The standards contained in this section are intended to promote
public health, safety, and welfare by filtering noise, softening or
diverting light and glare, modifying climatic conditions such as wind
and heat, reducing stormwater runoff and air pollution, and controlling
traffic hazards. The standards are also intended to increase the value
to the community from new developments by recognizing the role that
landscaping plays in overall community appearance and livability.
In general, all areas of a site proposed for development shall be
landscaped with trees, shrubs, ground covers, grasses, and other herbaceous
plants, except for those areas which are occupied by buildings, roads,
parking lots or other structures, or those areas left in their natural
state. Landscaping shall be provided for all uses and development
in all zoning districts in accordance with the following:
A.
Planting required in buffer yards as outlined in § 310-59E cannot be substituted for any required planting mandated for this section. However, any existing healthy shade trees which are not disturbed and are not located within a required buffer yard and are a minimum of two inches DBH shall count towards the required number of trees to be planted outside of the buffer yard.
B.
A landscaping plan, with detailed drawings, must be submitted and
must contain and present the following information:
(1)
All required buffer yards with proposed plantings (identifying ground
cover and each proposed tree or bush) drawn to scale and identifying
the height and width of any proposed mounds.
(2)
All required plantings, independent of any buffer yard requirements
(identifying ground cover and each tree, shrub, the use of sod or
seeding, etc., and known to prosper in this area) drawn to scale.
(4)
Any existing trees or vegetation which are to be preserved, accurately
identifying their relative location, approximate size and name.
(5)
Any existing trees or vegetation which will be removed, accurately
identifying their relative location.
C.
At least one deciduous shade tree must be planted for each 1,000 square feet of net floor area in conjunction with any nonresidential development unless as provided in Subsection G. Street trees, if required, may be counted toward this requirement, but interior parking lot trees shall not be counted.
D.
At least one deciduous shade tree must be planted for each dwelling
unit in conjunction with any multifamily development. Street trees
may be counted toward this requirement.
E.
All trees which are required to be planted as per the regulations
of this section shall be minimum of two-and-one-half-inch caliper
at the time of planting and shall be planted in accordance with accepted
conservation practices. They shall be spaced with regard to the ultimate
spread of the fully developed canopy, but with the following maximum
spacing requirements:
F.
In conjunction with the development of property for any use, the applicant must show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property. "Imminent development" is defined in Article IV.
G.
Street trees. All new nonresidential developments may provide street
trees, in accordance with the following standards, and all new residential
developments, at the developer's discretion, may provide street
trees in accordance with the following standards:
(1)
Street trees, if required or provided, shall be provided along the
entire length of the street right-of-way and on both sides of the
street if the street lies within the development.
(2)
All street trees shall be located between 10 feet to 15 feet off
of the street right-of-way.
(3)
Street trees shall be located to enable the maintenance of utilities,
required sight distances, and visibility of street and traffic signs.
(4)
The species chosen shall provide shade and shall be appropriate to
the location. Factors such as microclimate, soils, habit of growth,
salt and disease tolerance, proximity of sidewalks, overhead utility
lines, and social condition (likelihood of soil compaction, damage
from air pollution, dogs, deer, etc.) shall be considered.
(5)
Any new street and/or parking lot trees in nonresidential areas shall
be protected by tree grates and/or permanent fencing if suitable protected
areas have not been provided.
(6)
Mature trees, woodlands, or other high-quality existing vegetation
which remains undisturbed adjacent to the street right-of-way may
be used in the place of, or in conjunction with, the requirements
of this section.
H.
Landscaping of parking lots. Landscaping in the interior of parking
areas shall be designed to provide visual and climatic relief from
large expanses of paving, and to channelize and define areas for safe
pedestrian and vehicular circulation.
(1)
A minimum of 5% of the total area of any parking lot containing 30
spaces or less shall be landscaped, and at least 7% of the total area
of any parking lot containing more than 30 parking spaces shall be
landscaped. For this requirement, the "total area of any parking lot"
includes all parking spaces, lanes, roads or aisles for motorized
vehicular traffic.
(2)
Groupings of at least one large (ultimate height exceeding 40 feet)
shade tree and three shrubs, or one medium (ultimate height 25 feet
to 40 feet) shade tree, one small (ultimate height not exceeding 25
feet) tree, and three shrubs shall be planted for every 10 parking
spaces and shall be disbursed throughout the interior of the parking
lot. In order to insure the survival of the plant material, the minimum
planting area for either grouping will be 110 square feet.
(4)
Trees required in this section shall be planted in protected areas
such as along walkways, or within curbed islands located between rows
of parking spaces, at the ends of bays, or between parking stalls.
Both the overall plan and the species to be planted must be reviewed
by the Environmental Advisory Council. This is not meant to prohibit
some other innovative landscaping plan, especially for small parking
lots, but any plan must be deemed to be at least equivalent to the
above scheme.
(5)
Curbed landscaping islands shall have a minimum width of nine feet,
including curbing.
I.
All yard areas not utilized for structures, driveways, planting strips or parking facilities must be seeded, sodded or landscaped within a reasonable period of time. The phrase "reasonable period of time" shall be given the same interpretation given that phrase as it is used in § 310-59E(6) of this chapter.
J.
In the case of single-family home development/subdivisions, all street
trees, if provided (and any other landscaping required) must be installed
prior to the issuance of the occupancy permits for the individual
home site. In addition, no subdivision streets, or phases thereof,
shall be accepted by the Township of Hampton until the required landscaping
plan as shown on the approved final plan has been completed.
B.
Residential A (RA) District.
(1)
In a plan of lots approved for the RA District, the front yard setback
line may average 50 feet, with the minimum front yard setback line
being 40 feet, and the maximum being 60 feet.
(2)
Land with slopes between 15% and 25% are permitted 1/2 density credit.
(3)
Land with slopes over 25% are permitted 1/4 density credit.
C.
Residential B (RB) District.
(1)
In a plan of lots approved for the RB District, the front yard setback
line may average 40 feet, with the minimum front yard setback line
being 35 feet, and the maximum 45 feet.
(2)
The side yard requirements of 40 feet is the total required. One
side yard may be a minimum of 15 feet.
(3)
Land with slopes between 15% and 25% are permitted 1/2 density credit.
(4)
Land with slopes over 25% are permitted 1/4 density credit.
D.
Residential C (RC) District.
(1)
In a plan of lots approved for the RC District, the front yard setback
line may average 30 feet, with the minimum front yard setback line
being 25 feet, and the maximum 35 feet.
(2)
The side yard requirements is a total of 25 feet. One side yard may
be a minimum of 10 feet. If a buffer yard is required as part of the
land development proposal, the width of the required buffer yard shall
be used for determining the side yard setback requirement.
(3)
The minimum distance between principal structures on the property
shall be 30 feet.
(4)
The density standards for townhouse and apartment units shall be
a maximum of four units per acre.
(5)
Each building shall be located on not less than 2,000 square feet
of land area per unit.
(6)
Land with slopes between 15% and 25% are permitted 1/2 density credit.
(7)
Land with slopes over 25% are permitted 1/4 density credit.
(8)
In order to preserve the openness of the townhouse/apartment development,
fences along the lot lines which would enclose any property shall
be prohibited.
E.
Residential D (RD) District.
(1)
The minimum distance between principal structures on the property
shall be 25 feet.
(2)
The side yard requirement of 25 feet is the total required; one side
yard may be a minimum of 10 feet. If a buffer yard is required as
part of the land development proposal, the width of the required buffer
yard shall be used for determining the side yard setback requirement.
(4)
The density standards for townhouses and apartment dwellings and
area and space requirements shall be as follows:
(a)
Townhouse: maximum of eight units per acre.
(b)
Apartment: maximum of eight units per acre.
(c)
Each building shall be located on not less than 2,000 square
feet of land area per unit.
(d)
Each unit shall have a minimum of 16 feet of frontage on a road
right-of-way.
(e)
In order to preserve the openness of the townhouse/apartment
development, fences along the lot lines which would enclose any property
shall be prohibited.
(5)
Land with slopes between 15% and 25% are permitted 1/2 density credit.
(6)
Land with slopes over 25% are permitted 1/4 density credit.
F.
Highway Commercial (HC) District.
(1)
The side yard requirements are a total of 20 feet, with each side
yard being a minimum of 10 feet. If a buffer yard is required as part
of the land development proposal, the width of the required buffer
yard shall be used for determining the side and rear yard setback
requirements.
(2)
The minimum distance between principal structures on a lot shall
be 50 feet.
(4)
The density standards for apartment units shall be a maximum of 20
units per acre. There is no minimum acreage requirement.
G.
H.
Lighting.
(1)
Outdoor lighting standards. Except as otherwise specified herein,
outdoor lighting standards listed below apply to all new multifamily
residential, nonresidential developments and to replacement fixtures
in all zoning districts. Township Council may grant exceptions to
the shielding requirements, maximum level of illumination, and height
of outdoor light fixtures for outdoor recreation facilities on park
sites with the finding that the light impacts do not create a public
nuisance for abutting residential property.
(a)
Shielding required. Except as otherwise exempt, all outdoor
lighting shall be constructed with full shielding. Where the light
source from an outdoor light fixture is visible beyond the property
line, and exceeds the established footcandle limit, shielding shall
be required to reduce glare so that the light source is not visible
from within any residential dwelling unit. Outdoor lighting for single-family
residential use shall be located and/or shielded in a manner to ensure
that the intensity and direction of exterior and security lighting
does not constitute a public nuisance to abutting residential dwellings.
See Figure 10-1.
|
Figure 10-1
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(b)
Level of illumination. During hours of darkness, the minimum
and average maintained footcandles of light shall be consistent with
the provisions listed below. A point-by-point photometric calculation
listing the number, type, height, and level of illumination of all
outdoor lighting fixtures shall be required in conjunction with the
development permit application and prior to issuance of a building
permit or site improvement plans to ensure compliance with these provisions.
[1]
Parking lots, driveways, trash enclosures/areas, public phones, and group mailboxes shall be illuminated with a minimum maintained one footcandle of light and an average not to exceed four footcandles of light. Also see § 310-79G(7).
[2]
Pedestrian walkways shall be illuminated with a minimum maintained
one-half footcandle of light and average not to exceed two footcandles
of light.
[3]
Exterior door of nonresidential structures shall be illuminated
during the hours of darkness, with a minimum maintained one footcandle
of light, measured within a five-foot radius on each side of the door
at ground level.
[4]
In order to minimize light trespass on abutting residential
property, illumination measured at the nearest residential structure
or rear yard setback line shall not exceed the moon's potential
ambient illumination of one-tenth footcandle.
(c)
Maximum height of freestanding outdoor light fixtures. The maximum
height of freestanding outdoor light fixtures for development abutting
residential property shall be 20 feet. However, the Planning Commission
may recommend exceptions to this height restriction in conjunction
with design review if the proposed lighting plan has negligible light
glare and spill impacts on adjoining residential properties. Otherwise,
the maximum height for freestanding outdoor light fixtures for nonresidential
properties shall be 30 feet.
(d)
Type of illumination. All new outdoor lighting fixtures shall
be energy efficient with a rated average bulb life not less than 10,000
hours and shall be of the shielded variety.
 |
(e)
Hours of illumination. Automatic timing devices shall be required
for all new outdoor light fixtures with off hours (exterior lights
turned off) between 11:00 p.m. and 6:00 a.m. However, outdoor lights
may remain on during business hours of operation for security purposes
(e.g., to illuminate walkways, roadways, equipment yards, and parking
lots). Outdoor lights may also remain on to illuminate flags representing
a country, state or other civic entity.
(f)
Outdoor sports field/outdoor performance area lighting.
[1]
The mounting height of outdoor sports field and outdoor performance
area lighting fixtures shall be reviewed on a case-by-case basis by
the Planning Commission.
[2]
All outdoor sports field and outdoor performance area lighting
fixtures shall be equipped with glare control package (louvers, shields,
or similar devices).
[3]
The fixtures must be aimed so that their beams are directed
and fall within the primary playing or performance area.
[4]
The hours of operation for the lighting system for any game
or event shall not exceed one hour after the end of the event.
(g)
Architectural/landscape lighting. Outdoor light fixtures used
to illuminate architectural and landscape features shall use a narrow
cone of light for the purpose of confining the light to the object.
(h)
Sign lighting. The artificial illumination of signs, both from
an internal or external source, shall be designed to eliminate negative
impacts on surrounding rights-of-way and properties.
(i)
Canopy lighting. Lighting associated with a canopy used for
vehicular shelters, including gas stations and car washes:
[1]
Canopy lights, such as service station lighting, shall be fully
recessed or fully shielded so as to ensure that no light source is
visible from, or causes glare on, public rights-of-way or adjacent
properties.
[2]
Lighting installed beneath a canopy shall be pointed downward
and substantially confined to the ground surface directly beneath
the perimeter of the canopy.
[3]
Lighting beyond the perimeter of the canopy shall be consistent
with the lighting ordinance for parking areas.
(2)
Lighting prohibited. Existing light fixtures legally permitted, authorized
prior to adoption of this chapter, may be maintained, but may not
be redirected and/or modified to increase nonconformity. The following
outdoor light fixtures shall be prohibited:
(a)
Neon tubing or band lighting along building structures as articulation.
(b)
Searchlights, lasers or other high-intensity beams.
(c)
Illumination of entire buildings. Building illumination shall
be limited to security lighting and lighting of architectural features
authorized by Township Council in conjunction with the required development
permit(s).
(d)
Roof-mounted lights, except for security purposes with motion
detection and full shielding, so that the glare of light source is
not visible from any public right-of-way.
(e)
Any light that imitates or causes visual interference with a
traffic signal or other necessary safety or emergency light.
(3)
Exceptions. This section's standards do not apply to the following
types of exterior lighting if one of the following criteria is met:
(a)
Ornamental lighting. Low-voltage light fixtures (12 volts or
less), low-wattage ornamental landscape lighting fixtures, and solar-operated
light fixtures having self-contained rechargeable batteries, where
any single light fixture does not exceed 175 initial light output
lumens that do not shine glare, emit direct illumination, or cast
a shadow onto adjacent property. Ornamental lighting used as a street
right-of-way lighting may be approved if reviewed by the Planning
Commission as part of a site plan submission.
(b)
Right-of-way lighting. Public lighting located within and/or
intended for the right-of-way. However, any installation of this type
of lighting shall be of the shielded variety.
(c)
Temporary lighting. Temporary lighting for approved public sporting
events, theatrical, television or performance events (requires prior
Township approval).
(d)
Required lighting. Lighting required by the Federal Aviation
Administration or other state or federal agency.
(e)
Public safety lighting. Temporary lighting for police, fire
or public safety construction and repair personnel.
(f)
Holiday decorations. Low-wattage lights used for holiday decoration
for no more than 60 days.
(g)
Historic, period or decorative light fixtures. Post top, wall
and hanging light fixtures (also referred to as "period lighting"
or "decorative lighting") may be used if they are:
(4)
Nonconforming lighting.
(a)
Conformance triggers. Any new lighting designed after the effective
date of this chapter must be in compliance with the requirements of
this chapter. Any lighting legally in existence before the effective
date of this chapter that does not comply with its requirements must
come into compliance upon the occurrence of any of the following events.
Any lighting illegally in existence before the effective date of this
chapter must come into compliance immediately upon adoption of this
chapter.
[1]
Alterations to existing lighting.
[a]
When poles and support structures are removed and
replaced for reasons other than acts of God or accidents, they must
be replaced with luminaries, poles and supports that comply with this
section; and
[b]
When luminaries are replaced without replacement
of poles or support structure, they must be replaced with luminaries
that comply with all provisions of this section. In no event, however,
may the existing light intensity levels be reduced below existing
lighting levels for the parking area. Routine maintenance, including
changing the lamp ballast, starter, photo control, lens, and other
required components, is permitted for all existing fixtures. When
a fixture housing is changed, the fixture must come into compliance.
[2]
New parking lots or parking lot additions. When a new parking
lot or addition to an existing parking lot is constructed, the new
lot or lot addition must be provided with lighting in compliance with
this section.
[3]
New structures, addition or replacement. When a site is improved
with new structures or additions to or replacements of existing structures,
the lighting for the new structure, addition or replacement on the
site must be upgraded with complying lighting and the parking lot
lighting must be upgraded with complying lighting over a portion of
the parking area that is equivalent to the amount of parking that
would be required for the new structure, addition or replacement.
[4]
Change of use. When the type of occupancy/use for a portion
or entire site or structure or site is changed, site lighting must
be upgraded throughout the site, as necessary, to comply with this
section for the structure, or portion thereof and the parking lot
be upgraded for the required parking for the occupancy as established
in this chapter.
[5]
Unoccupied sites. When a site has been unoccupied for a period
of one year, the lighting must be upgraded to fully comply with this
section prior to any reoccupation of the site.
[6]
Conditions of approval. When a development application is made
for a site, the Township Council may as a condition of approval require
compliance with any or all of the performance standards of this section,
and the extent of compliance required in such cases may be greater
than that otherwise required, if deemed reasonably necessary to protect
the public health, safety or welfare and to achieve the purposes of
this section.
[7]
Nuisance conditions. Lighting that creates a public nuisance
must be brought into compliance upon issuance of orders from the Zoning
Officer.
(b)
Regardless of the requirements of the section above, when requested
by the Township, nonconforming luminaries and lighting installations
shall be made to conform with the requirements of this chapter or
removed within three years from the effective date of this chapter.
(5)
Applicability. This chapter shall apply to all use and occupancy
classifications. Whenever an existing outdoor lighting fixture or
installation is being modified, extended, expanded or added to, that
fixture or installation shall be subject to the requirements of this
chapter. Owners or operators of nonconforming fixtures and installations
are encouraged to bring their outdoor lighting into voluntary compliance
with these requirements.
