A.
It is the intent of this § 400-28 to provide standards for the design of commercial establishments and nonresidential uses (referred to as commercial establishments) to assure the compatibility of the nonresidential development with the surrounding character of the Borough. This shall be accomplished by:
(1)
Siting buildings, parking areas and other facilities and improvements
based upon the particular topography of development site;
(2)
Designing buildings with consideration of architectural style and
type of construction material in keeping with the surrounding landscape
and development pattern, using wood or wood-like siding (exposed cinder-block
construction shall not be permitted);
(3)
Providing safe and convenient access from the public right-of-way
based on the existing area-wide traffic circulation pattern and the
expected traffic generated by the proposed use;
(4)
Designing parking areas to complement patterns of traffic flow and
to provide adequate off-street parking for shopping center patrons;
(5)
Maintaining to the greatest extent possible natural vegetation and
provide landscaping as an integral part of the overall design of the
proposed use and parking areas;
(6)
Considering the impact of stormwater, noise, traffic and lighting
on surrounding land uses and providing buffers to minimize adverse
impacts; and
(7)
Being consistent with any design guidelines adopted by the Borough.
B.
Land development. Any proposed commercial establishment shall be
considered a "land development" as defined by the Pennsylvania Municipalities
Planning Code[1] and Chapter 300, Subdivision and Land Development, and shall comply in all respects with all the requirements for plan submission and content for land developments contained therein, as well as the information which follows. The Borough may also require any additional information, studies or reports as it deems necessary to meet the intent of this and other Borough ordinances.
(1)
Location, widths and names of all existing or prior platted streets
and utility rights-of-way, parks and other public open spaces, permanent
buildings and structures, houses or permanent easements, and zoning
and municipal boundary lines within 500 feet of the tract;
(2)
A traffic flow chart showing circulation patterns from the public
right-of-way and within the confines of the shopping center.
(3)
Location and dimensions of vehicular drives, entrances, exits, acceleration
and deceleration lanes;
(4)
Location, arrangement and dimensions of automobile parking space,
width of aisles, width of bays, angle of parking;
(5)
Location, arrangement and dimensions of truck loading and unloading
spaces and docks;
(6)
Location and dimensions of pedestrian entrances, exits, walks;
(7)
Location, height and materials of walls, fences, screen plantings,
and other landscaped areas.
(8)
Preliminary architectural drawings for all buildings;
(9)
Location, size, height and orientation of all signs other than signs
flat on building facades.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Site design process. The applicant shall demonstrate to the Borough,
by the submission of the necessary land development site plans, that
the commercial establishment has been designed as follows:
(1)
Mapping of conservation areas [see § 400-19D(4)(a)] to identify all areas of the site which will remain undisturbed, along with noting site development practices which will be used to assure nondisturbance.
(2)
Locating the building site.
(3)
Locating required buffers.
(4)
Laying out street access, parking/loading areas, and other required
or proposed improvements.
D.
Ownership. The site proposed for any multiple-occupant commercial
establishment shall be held in single ownership or in unified control,
and the applicant shall provide to the Borough evidence of said ownership
and/or control.
The intent of this § 400-29 is to regulate the development and operation of all development in the Borough and to protect the environment and the public health, safety and general welfare. No land or building shall be used or occupied in such manner which creates any dangerous, injurious, noxious or otherwise objectionable condition in such amount to adversely affect the surrounding area, and any such activity is hereby declared to be a public nuisance. However, any use permitted by this chapter may be undertaken and maintained if it conforms to all applicable requirements of this chapter, including the standards in this § 400-29 which are intended to limit nuisance elements. The following performance standards shall apply to all proposed new or expanded nonresidential uses and residential uses explicitly referenced by a specific section.
A.
Yards and buffers.
(1)
Unless otherwise regulated by this chapter, where a commercial or manufacturing use is proposed contiguous to any R-1 or R-2 District or any existing residential structure not in the R-R District, the minimum size of the abutting yard shall be increased by 50%, and a landscaped buffer not less than five feet in width in the C-1 District and 10 feet in width in other districts shall be provided in accord with this § 400-29A. Storage of equipment, supplies, products or any other materials shall not be permitted in any front yard or side yard.
(2)
In the case of conditional uses and special exceptions, landscaped
buffers may be required by the Borough in any yard in order to assure
the protection of adjoining uses by providing visual barriers that
block the glare of lights; reduce noise; serve as a protective barrier
by blocking physical passage to dangerous areas; reduce air pollution,
dust and litter; and to otherwise maintain and protect the rural character
of the district.
(a)
In determining the type and extent of the buffer required, the
Borough shall take into consideration the design of the project structure(s)
and site; topographic features which may provide natural buffering;
existing natural vegetation; and the relationship of the proposed
project to adjoining areas.
(b)
Additional buffer width may be required for conditional uses
and special exceptions.
(c)
A mix of ground cover and shrubbery vegetation and canopy trees,
of such variety compatible with the local climate, may be required
so that a dense screen not less than six feet in height will be formed
within three years of planting.
(d)
Berms and landscaped walls or fences compatible with the principal
building design may be incorporated in the required buffer. Front-yard
buffers shall be provided in the same manner to a height of not less
than four feet; however, all clear sight triangles shall be maintained.
(e)
In any case, special consideration shall be given to existing
residential uses and sites where residential uses are likely to be
developed. In cases where the adjoining use is a commercial use or
when two or more adjacent properties are developed under a common
site plan, the width and density of the buffer may be reduced if the
Borough shall determine that the proposed use and adjoining use(s)
are not incompatible.
(f)
Design details of buffers shall be included on the site plan, and buffers shall be considered "improvements" for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 300, Subdivision and Land Development. It shall be the responsibility of the property owner to maintain all buffers in good condition and replace any dying or dead plants or deteriorating landscape material.
B.
Landscaping. A landscaping plan for the proposed project shall be prepared by the developer for review and approval by the Borough. Landscaping shall be considered an improvement for the purposes of regulation by Chapter 300, Subdivision and Land Development. The landscaping plan shall include the overall design of the landscaping proposed, the type and size of vegetation to be utilized, and details of installation. Landscaping shall be installed to the following minimum standards:
(1)
All disturbed areas of the site shall be included in the landscaping
plan, and those areas immediately adjacent to buildings and walkways
shall be given extra consideration.
(2)
Adequate pedestrian walkways shall be provided for access from parking
areas and to common use areas and shall be an integral part of the
landscaping, and shall be consistent with the architectural type of
the project, and shall be a minimum of four feet in width.
(3)
Plants shall be of a type which are proven successful in the Borough's
climate.
(4)
Where landscaping is required to serve as a buffer (e.g., between
the project and adjoining properties or between buildings and parking
areas), the plants used shall be of the evergreen type and of adequate
size to provide an effective buffer within a reasonable number of
years.
(5)
The variety of landscape materials shall be consistent with building
architecture and the surrounding area, and plant type shall be appropriate
for the size and location of the space it is to occupy.
(6)
All unusable areas in and around parking areas shall be landscaped.
(7)
Attractive natural features of the site, including mature trees,
shall be preserved to the greatest extent possible.
(8)
Plastic landscape materials shall not be used in place of live trees,
shrubs, ground cover or other vegetation.
(9)
All trees to be planted shall have a trunk diameter of at least two
inches as measured one foot above the ground.
(10)
Ground cover shall be spaced to allow for complete fill-in within
one year of the date of planting.
(11)
Adequate soil preparation in accord with accepted landscape
industry practices shall be required.
(12)
All landscaping shall be maintained in good growing condition
by the property owner.
C.
Operations and storage.
(1)
All facilities and operations of any principal use, including the
storage of raw material, finished products, fuel, machinery and equipment
and any other materials or supplies, shall be enclosed and carried
out within a building or shall, as required by the Borough for conditional
uses and special exceptions, be provided with larger setbacks and/or
buffers to afford protection to adjoining uses and any public road
rights-of-way. Unenclosed uses and activities shall, in any case,
be a minimum of 100 feet from any existing residential structure or
any R-R, R-1 or R-2 District, unless a greater setback is required
by the Borough. Storage of equipment, supplies, products or any other
materials shall not be permitted in any front yard or side yard.
(2)
Storage of materials, supplies or products in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted. Trailers, painted one color without advertising and maintained in good condition, may be used as accessory structures, provided all wheels and axles are removed; the trailers are erected and maintained as structures and are screened from view from adjoining properties in accord with § 400-29A of this chapter. Trailers, painted one color without advertising and maintained in good condition, shall be permitted for storage for a temporary period on the site of an ongoing construction project. The placement of said trailers shall be for a specified time as stated in the required permit from the Borough; shall meet the setback requirements of this chapter; and shall not be used for the storage of any flammable or hazardous material except in accord with applicable state and federal regulations.
D.
Fire and explosion hazards. All activities involving any manufacturing,
production, storage, transfer or disposal of inflammable and explosive
materials shall be provided with adequate safety devices against the
hazard of fire and explosion, and adequate firefighting and fire-suppression
equipment and devices standard in the industry shall be required.
Burning of waste materials in open fires is prohibited. The relevant
provisions of federal, state and local laws and regulations shall
also apply. Details of the potential hazards and details of planned
safety and accident response actions shall be provided by the developer
for review by the local fire company(ies). In the case of conditional
uses and special exceptions, larger setbacks, additional buffer areas
or fencing may be required by the Borough if the nature of the proposed
use, as determined by the Borough, so requires.
E.
Radioactivity or electric disturbance. No activities shall be permitted
which emit dangerous radioactivity, electrical disturbance or electromagnetic
radiation adversely affecting the operation of any person or any equipment
other than that of the creator of such disturbance. All applicable
federal regulations shall apply.
F.
Noise.
(1)
Maximum permissible sound levels.
(a)
No person shall operate or cause to be operated on property
any source of continuous sound (any sound that is steady, fluctuating
or intermittent with a recurrence greater than one time in any fifteen-second
interval) in such a manner as to create a sound level that exceeds
the limits set forth for the receiving land use category in the following
Maximum Sound Levels Table when measured at the property line of the
receiving land use.
|
Maximum Sound Levels
| ||||
|---|---|---|---|---|
|
Category Limits (dBA)
| ||||
|
Period
|
Commercial
|
Manufacturing
|
All Others
| |
|
Monday to Saturday, 7:00 a.m. to 9:00 p.m.
|
65
|
70
|
60
| |
|
Saturday, 9:00 p.m. to Monday. 7:00 a.m.
Monday to Friday, 9:00 p.m. to 7:00 a.m.
Legal holidays, 12:00 Midnight to 12:00 Noon
|
60
|
70
|
50
| |
(b)
The maximum sound levels listed in the Maximum Sound Levels
Table above do not apply to the following noise sources:
[1]
Emergency alerts.
[2]
Emergency work to provide electricity, water or other public
utilities when public health or safety is involved.
[3]
Snow removal or road repair.
[4]
Domestic power tools between 8:00 a.m. and 9:00 p.m.
[5]
Explosives and construction operations between 7:00 a.m. and
6:00 p.m., Monday through Saturday.
[6]
Agriculture and forestry operations between 6:00 a.m. and 9:00
p.m.
[7]
The operation of legally registered and inspected motor vehicles
designed for use on public highways.
[8]
Public celebrations authorized by the Borough.
[9]
Railroads.
[10]
The unamplified human voice.
[11]
Outdoor sports or entertainment activities approved
by the Borough.
(2)
For any source that emits a pure tone, the maximum sound level limits
in the table above shall be reduced by five dBA. For any source that
emits an impulsive sound (a sound of short duration, with an abrupt
onset and rapid decay and an occurrence of not more than one time
in any fifteen-second interval), the excursions of sound pressure
level shall not exceed 20 dBA over the ambient sound pressure level,
regardless of time of day or night or receiving land use using the
fast meter characteristic of a Type II meter, meeting the ANSI specification
SI.4-1971, as amended.
G.
Vibration. No vibration shall be permitted which is detectable without
instruments at or beyond the property line, and no use shall generate
any vibration which is capable of causing damage to buildings, structures,
equipment alignment or structural soundness. This requirement shall
not apply to occasional blasting conducted in accord with applicable
regulations that may be necessary during construction of streets,
structure and utilities.
H.
Lighting and glare. The standards of this § 400-29H shall apply to all uses, including residential and agricultural.[1]
(1)
Purpose. The standard established in this section sets forth criteria
to require and set minimum standards for outdoor lighting to:
(a)
Provide lighting in outdoor public places where public health,
safety and welfare are potential concerns.
(b)
Protect drivers and pedestrians from the glare of nonvehicular
light sources that shine into their eyes and thereby impair safe traverse.
(c)
To protect the privacy of property owners by limiting the potential
for glare and light trespass from poorly aimed, placed, applied, maintained
or shielded outdoor lighting installations located on adjacent properties
and roadways.
(d)
To set forth outdoor lighting requirements which are consistent
with lighting industry standards and practices, available technologies,
and the lighting sciences.
(2)
Application. Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse, including but not limited to multiple-family dwelling unit, commercial, industrial, public recreational and institutional uses. The Board of Supervisors may require lighting to be incorporated for other uses or locations, as it deems necessary. The glare-control requirements in this section apply to lighting in all above-mentioned uses as well as sign, architectural, landscaping and residential lighting. Lighting shall be controlled in both height and intensity to maintain community character, and lighting designs shall be an inherent part of the project design. The standards of the Illuminating Engineering Society (IES) shall be used as a guideline for the said design. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site, and all required lighting shall be considered improvements for the purpose of regulation by Chapter 300, Subdivision and Land Development.
(3)
CANDELA
CANDELA DISTRIBUTION
CANDLEPOWER
CUTOFF
(a)
(b)
(c)
(d)
FLOODLIGHT
FOOTCANDLE
FULLY SHIELDED LIGHT FIXTURE
GLARE
(a)
(b)
(c)
(d)
(e)
ILLUMINANCE
ILLUMINATION
LAMP
LIGHT
LIGHT TRESPASS
LUMEN
LUMINAIRE
LUMINANCE
LUX
NADIR
NIGHTTIME
SPOTLIGHT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Unit of luminous intensity, describing the intensity of a
light source in a specific direction.
A curve, often on polar coordinates, illustrating the variation
of luminous intensity of a lamp or luminaire in a plane through the
light center.
Luminous intensity expressed in candelas A measure of luminous
intensity of a light source in a specific direction, measured in candelas.
A light distribution where a negligible amount of light is
permitted at a horizontal plane located at the bottom of a luminaire.
Light above the horizontal plane at the bottom of a luminaire is not
limited, but cutoff luminaires usually have very little light above
the luminaire.
FULL CUTOFFA light distribution where no light is permitted at or above a horizontal plane located at the bottom of a luminaire. There will be little or no light at the angles that are usually associated with glare.
SEMICUTOFFA light distribution where slightly more light is permitted at a horizontal plane located at the bottom of a luminaire than the cutoff distribution. Like cutoff, light above the horizontal plane at the bottom of a luminaire is not limited, but the amount of light above the luminaire is relatively small.
NONCUTOFFA light distribution that can produce considerable light above the horizontal plane located at the bottom of a luminaire.
CUTOFF ANGLE (OF A LUMINAIRE)The angle, measured up from the nadir (i.e., straight down), between the vertical axis and the first line of sight at which the bare source (the bulb or lamp) is not visible.
A fixture designed to "flood" a well-defined area with light.
A unit of illuminance. The English measurement unit of illuminance
(or light level) on a surface. One lumen is equal to one footcandle
per square foot. A unit of light intensity stated in lumens per square
foot and measurable with an illuminance meter; aka, footcandle or
light meter. One footcandle is equal to 10.76 lux; one lux is equal
to 0.093 footcandle.
A light fixture constructed in such a manner that all light
emitted by the fixture, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of
the luminaire, is projected below the horizon.
Light that hinders or bothers the human eye. The sensation
produced by luminances within the visual field that is sufficiently
greater than the luminance to which the eyes are adapted to cause
annoyance, discomfort or loss in visual performance or visibility.
The degree of glare is described as such:
BLINDING GLAREGlare that is so intense that, for an appreciable length of time after it has been removed, no object can be seen.
DIRECT GLAREGlare resulting from high luminances or insufficiently shielded light sources in the field of view.
DISABILITY GLAREThe effects of stray light in the eye whereby visibility and visual performance is significant enough to keep a person from seeing adequately.
DISCOMFORT GLAREGlare that produces discomfort. It does not necessarily interfere with visual performance or visibility.
REFLECTED GLAREGlare resulting from reflections of high luminances in polished or glossy surfaces in the field of view.
The quantity of light measured in footcandles or lux. A term
that quantifies light striking a surface or a plane point. It is expressed
either in lumens per square foot (footcandles/the English unit) or
lumens per square meter (lux/the metric unit). The areal density of
the luminous flux incident at a point on a surface. One footcandle
is equal to 10.76 lux; one lux is equal to 0.093 footcandles.
An alternative term for "illuminance." Commonly used in a
qualitative or general sense to designate the act of illuminating
or the state of being illuminated.
A generic term for a man-made source of light.
Radiant energy that is capable of exciting the retina and
producing a visual sensation. The visible portion of the electromagnetic
spectrum extends from about 380 to 770 nanometers.
Light emitted by a lighting installation which extends beyond
the boundaries of the property on which the installation is sited;
spill light; obtrusive light; undesirable illumination, including
the following examples:
Unit of measurement of luminous flux representing the quantity
of light being produced by a lamp or emitted from a luminaire.
A complete lighting unit consisting of one or more lamps
(light sources), together with the parts designed to control the light
distribution and other mechanical and electrical components.
A term that quantifies directional brightness of a light
source (e.g., a lamp, luminaire, reflecting material) or of a surface
that is illuminated and reflects light. The emitted or reflected light
from a surface relates directly to perceived "brightness." The unit
of luminance is the candela per square meter (cd/m2). Measurable with a luminance meter.
A unit of light intensity stated in lumens per square meter.
There are approximately 10.76 lux per footcandle.
The point directly below the luminaire when the luminaire
is pointed down (zero-degree angle).
The hours between the end of evening civil twilight and the
beginning of morning civil twilight. Civil twilight ends in the evening
when the center of the sun's disk is 6° below the horizon
and begins in the morning when the center of the sun's disk is
6° below the horizon.
A fixture designed to light only a small, well-defined area.
(4)
Criteria.
(a)
Illumination levels for nonresidential uses. Illumination of
nonresidential uses, where required by this chapter, shall have intensities
and uniformity ratios in accordance with the most current recommended
practices of the Illuminating Engineering Society of North America
(IESNA) Lighting Handbook, from which typical uses are presented in
the following table.
(b)
Outdoor light standards for all uses.
[1]
Any lamp over 2,000 initial lumens installed shall be fully
shielded such that the lamp itself is not directly visible from any
other residential property.
[2]
The use of more than one luminaire or lamp of 2,000 initial
lumens for the purpose of illuminating the same area shall not be
permitted.
[3]
Examples of lamp types of 2,000 lumens and below are 100-watt
standard incandescent; 15-watt cool white fluorescent; 15-watt compact
fluorescent; 18-watt low-pressure sodium.
(5)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting
application.
(b)
For lighting horizontal tasks such as roadways, sidewalks, entrances
and parking areas, fixtures shall meet full cutoff criteria (no light
output emitted above 90° at any lateral angle around the fixture).
(c)
Fixtures shall be equipped with or be modified to incorporate
light-directing and/or -shielding devices such as shields, visors,
skirts or hoods to redirect offending light distribution and/or reduce
direct or reflected glare.
(6)
Control of nuisance and disabling glare.
(a)
All outdoor lighting shall be aimed, located, designed, fitted
and maintained so as not to present a hazard to drivers or pedestrians
by impairing their ability to safely traverse and so as not to create
a nuisance by projecting or reflecting objectionable light onto a
neighboring use or property.
(b)
All outdoor lighting fixtures shall be fully shielded in such
a manner that no light is emitted above a horizontal plane passing
through the lowest point of the light-emitting element, so that direct
light emitted above the horizontal plane is eliminated.
(c)
Floodlights and spotlights shall be so installed or aimed that
they do not project their output into the windows of neighboring residences,
adjacent uses, skyward or onto a public roadway. Floodlights or spotlights
must be aimed no higher than 45° above straight down (halfway
between straight down and straight to the side) when the source is
visible from any off-site residential property or public roadway.
The use of searchlights or laser source lights for advertising or
entertainment purposes is prohibited.
(d)
To mitigate nuisance glare and sky-lighting consequences, automatic
switching devices such as time clocks or combination motion detectors
and photocells, to permit the extinguishing of outdoor lighting fixtures,
is preferable.
(e)
All illumination for advertising signs, buildings and/or surrounding
landscapes for decorative, advertising or aesthetic purposes is prohibited
between 11:00 p.m. and sunrise, except that such lighting situated
on the premises of a commercial establishment may remain illuminated
while the establishment is actually open for business and until one
hour after closing.
(f)
Illumination for flagpole lighting may not exceed 10,000 lumens.
(g)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of fixture-mounting height,
wattage, aiming angle and fixture placement.
(h)
Externally illuminated signs and billboards shall use only fixtures
mounted at the top of the sign and aimed downward. Such fixtures shall
be automatically extinguished between the hours of 11:00 p.m. and
dawn except as specifically approved by appropriate officers or agents
of the Borough.
(i)
Directional fixtures for such applications as facade, fountain,
feature and landscape illumination shall be aimed downward so as not
to project their output beyond the objects intended to be illuminated.
Additionally, they shall be extinguished between the hours of 11:00
p.m. and dawn.
(j)
The use of white strobe lighting, flashing, flickering or pulsating
for tall structures such as smokestacks, chimneys and radio/communications/television
towers is prohibited during nighttime hours, except as may be required
by the Federal Aviation Administration or other governmental agency.
(7)
Nonconforming lighting. Any lighting fixture or lighting installation
existing on the effective date of this chapter that does not conform
with the requirements of this chapter shall be considered as a lawful
nonconformance, subject to the following:
(a)
Unless minor corrective action is deemed by the Borough to be
an acceptable alternative, a nonconforming lighting fixture or lighting
installation shall be made to conform with the applicable requirements
of this chapter, when:
(b)
Nonconforming lighting fixtures and lighting installations shall
be made to conform with the requirements of this chapter or removed
within seven years after the effective date of this chapter.
(8)
Exemptions.
(a)
Emergency lighting, used by police, firefighting or medical
personnel, or at their direction, is exempt from all requirements
of this code for as long as the emergency exists.
(b)
Temporary lighting installations, which include but are not
limited to, seasonal or holiday displays, carnivals, community fairs,
traveling circuses, may be employed on a temporary basis not to exceed
30 days in duration.
I.
Smoke. Smoke, fumes, gas, dust or any other atmospheric pollutant
not in compliance with PA DEP requirements.
J.
Odors. No emission shall be permitted of odorous gases or other odorous
matter not in compliance with PA DEP requirements.
K.
Surface water and groundwater protection. All activities involving
the possible contamination of surface water or groundwater shall be
provided with adequate safety devices to prevent such contamination.
In cases where any earth disturbance will result in the excavation
of bedrock, the Borough may require the applicant to submit a report
from a qualified engineer or geologist detailing the geologic structure
of the area proposed to be disturbed and identifying the probable
impacts on groundwater supply and quality. Details of the potential
hazards (including the groundwater characteristics of the area in
which the use is proposed) and details of planned safety devices and
contamination response actions shall be provided by the developer.
The Borough may require a plan to be submitted for review and approval
and may require security for ensuring contamination response. Monitoring
wells and water quality testing may also be required by the Borough.
The developer shall also provide details about the use of groundwater
and any processes that could result in the depletion of groundwater
supplies. No use shall be permitted which would result in the depletion
of groundwater supplies. In cases where the use is of such a nature
that large volumes of groundwater are required, the developer shall
provide appropriate hydrogeologic studies which clearly establish
that the proposed use will not cause a reduction in the quantity or
the quality of groundwater supplies available to other properties
located within 1,000 feet of any portion of the property where the
proposed use will be located.
L.
Stormwater management and soil erosion control.
(1)
A stormwater management plan and soil erosion control plan may be required for review and approval. Said plan shall be prepared and implemented pursuant to the standards contained in Chapter 300, Subdivision and Land Development, or other applicable Borough regulations and County Conservation District standards, and shall be based on generally accepted engineering principles appropriate for the proposed use.
(2)
The protection of the quality of groundwater and surface water shall
be an integral part of all proposed stormwater management practices,
and all stormwater management plans shall include an element specifically
addressing water quality. The plan shall provide for the minimization
of the discharge of "first flush" sediments off the project site or
directly to infiltration structures. Containment of "first flush"
sediments shall be accomplished by accepted and proven engineering
design and practice, including but not limited to the use of grass
buffer/filter strips, grass swales, detention basins, sediment traps,
and special inlet devices.
M.
Waste materials. No liquid, solid, toxic or hazardous waste shall
be stored or disposed in any commercial area, either above or below
ground level, except for the temporary storage thereof pending removal
from the premises. Such temporary storage and handling of waste shall
be in a designated area and shall be conducted in compliance with
all applicable state and federal regulations in order to prevent any
water, soil or air contamination and shall be screened from view of
adjoining properties and any public road right-of-way by fencing or
other buffers. In addition, no waste discharge is permitted into any
reservoir, sewage or stormwater disposal system, stream, open body
of water or onto the ground. All waste materials shall be disposed
of only in accord with all applicable state and federal regulations,
and applications for any use which results in waste materials regulated
by the state or federal government shall include a list of all such
wastes and the method of temporary storage, handling and disposal.
N.
Handicapped access. Access for handicapped persons to all uses shall
be provided in accord with all applicable state and federal requirements.
O.
Settling and/or storage ponds and reservoirs. All ponds, reservoirs
or other such structures which are associated with any manufacturing
or industrial process, any sewage or waste disposal process, or an
agricultural manure management operation shall be fenced or shall
otherwise be physically controlled to prevent access by the public.
Said fence shall be not less than four feet high and of a design to
restrict access to the area to be controlled. Any such structure which
contains any material which is poisonous, toxic or caustic shall be
considered a conditional use, and the Borough Council shall, at a
minimum, require that such structure be enclosed by a chain-link fence
not less than eight feet high.
P.
Security. In cases where deemed necessary by the Borough (detention
facilities and drug treatment centers, for example), the applicant
shall provide a plan addressing security needs to protect the health
and safety of the public as well as the occupants of the proposed
facility. Such plan shall include a description of the specific services
to be offered; types of patients and/or residents to be served; and
the staff to be employed for this purpose. The plan shall identify
the forms of security normally required with care of the type to be
offered and detail the specific measures to be taken in the construction,
development and operation of the facility so as to provide appropriate
security. The plan shall, at a minimum, reasonably restrict unauthorized
entry and/or exit to and from the property and provide for effective
separation from adjoining residences by means of fencing, signs, or
a combination thereof. The plan shall also address measures to ensure
that lighting and noise is controlled, particularly with respect to
loudspeakers or other amplification devices and floodlights.
Q.
Water supply. All uses shall be provided with an adequate and safe
water supply, as demonstrated by evidence to be provided by the applicant
documenting that the siting, density and design of all proposed residential,
commercial, industrial and other developments or uses will assure
the availability of reliable, safe and adequate water supplies to
support the proposed land use(s) within the capacity of available
water resources.
R.
Sewage disposal.
(1)
Sewage disposal shall be provided by a system meeting the needs of
the proposed use and the requirements of the Borough and the Pennsylvania
Department of Environmental Protection. Discharge to such system shall
be limited to normal, domestic and human bodily wastes unless the
treatment system has been specifically designed to handle other wastes
or the wastes are pretreated in accord with Pennsylvania Department
of Environmental Protection or local sewer authority requirements.
No discharge of wastes, by-products or materials in any way associated
with a production process, health care or veterinary facility medical
wastes, funeral home wastes, or other commercial wastes shall be permitted
to any subsurface, land-application or other soil-based sewage disposal
system.
(2)
Any sewage treatment plant facilities shall be a minimum of 100 feet
from any public or private road right-of-way or property line.
S.
Other regulations. The Zoning Officer, Planning Commission, Borough
Council or the Zoning Hearing Board, as the case may be, may require
documentation from the applicant demonstrating that the project complies
with all other applicable local, state and federal regulations, and
said proposal has obtained all required permits, certifications and
authorizations, including but not limited to those from the Pennsylvania
Department of Transportation, the Pennsylvania Department of Environmental
Protection, the Pennsylvania Department of Labor and Industry, the
Federal Emergency Management Agency and the United States Environmental
Protection Agency.[3]
A.
The intent of this § 400-30 is to provide the identification of environmental and community impacts and means of mitigation of impacts of development projects in the Borough. The Borough Council, Planning Commission or Zoning Hearing Board, as the case may be, may, based upon the nature of a project and potential impacts on the Borough, require the developer to prepare and submit to the Borough an environmental impact statement (EIS) for the following types of developments and uses:
(1)
Industrial parks.
(2)
Light manufacturing or manufacturing or industrial uses.
(3)
Junkyards.
(4)
Natural resource uses.
(5)
Natural resource uses processing.
(6)
Agricultural products processing.
(7)
Solid waste facilities and staging areas.
(8)
Warehouses and trucking terminals.
(9)
Any use involving the initial or cumulative disturbance of 87,120
or more square feet of soil surface areas.
(10)
Any use involving the initial or cumulative construction, installation
and/or placement of 43,560 square feet or more of buildings, structures
or other impervious surface areas.
(11)
Any use involving development in any floodplain area.
B.
The requirements of this § 400-30 may be applied to any other proposed conditional use or special exception which, for reasons of location, design, existing traffic or other community or environmental considerations, as determined by the Borough, warrants the application of the study required as contained herein in order to determine what conditions should be required to mitigate any adverse effects of the proposed use. The Borough Council, Planning Commission or Zoning Hearing Board, as the case may be, may waive certain components of the EIS should such components be deemed unnecessary for certain uses.
C.
Purpose of EIS. The purpose of the EIS is to disclose the environmental
consequences of a proposed action for consideration by the Borough
for the determination of approval or denial of the project and, if
the project is approved, for the establishment of conditions of approval.
This requirement is made in order to protect the natural environment
with respect to water quality, water supply, soil erosion, pollution
of all kinds, flooding and waste disposal, and to preserve trees and
vegetation, to protect watercourses, air resources and aquifers.
D.
Contents of EIS.
(1)
an environmental impact statement shall include a description of
the proposed use, including location in relationship to other projects
or proposals, with adequate data and detail for the Borough to assess
the environmental impact. The EIS shall also include a comprehensive
description of the existing environment and the probable future effects
of the proposal. The description shall focus on the elements of the
environment most likely to be affected as well as potential regional
effects and ecological interrelationships.
(2)
At a minimum, the EIS shall include an analysis of the items listed
below regarding the impact of the proposed use and the mitigation
of any such impacts, and said proposal shall comply with all other
standards included in this chapter and other Borough ordinances:
(b)
Surface waters.
[1]
Distance of site from nearest surface water and headwaters of
streams.
[2]
Sources of runoff water.
[3]
Rate of runoff from the site.
[4]
Destination of runoff water and method of controlling downstream
effects.
[5]
Chemical additives to runoff water on the site.
[6]
Submission of an erosion and sediment control plan meeting the
requirements of the PA DEP and the Lackawanna County Conservation
District.
(c)
Ground cover, including vegetation and animal life.
(d)
Topographic and geologic.
[1]
Maximum existing elevation of site.
[2]
Minimum existing elevation of site.
[3]
Maximum proposed elevation of site.
[4]
Minimum proposed elevation of site.
[5]
Description of the topography of the site and any special topographic
features and any proposed changes in topography.
[6]
Surface and subsurface geology.
(g)
Sewage disposal.
[1]
Sewage disposal system (description and location on the site
of system).
[2]
Expected content of the sewage effluent (human waste, pesticides,
detergents, oils, heavy metals, other chemicals).
[3]
Expected daily volumes of sewage.
[4]
Affected sewage treatment plant's present capacity and
authorized capacity.
(l)
Critical impact areas. Any area, condition or feature which
is environmentally sensitive or which, if disturbed during construction,
would adversely affect the environment. Critical impact areas include,
but are not limited to, stream corridors, streams, wetlands, slopes
greater than 15%, highly acid or highly erodible soils, areas of high
water table, and mature stands of native vegetation and aquifer recharge
and discharge areas.
(m)
Historic resources. Identification of structures or sites of
historic significance and probable effect of project.
(n)
Transportation network. Existing network traffic volumes and
capacities and need for improvements required by project.
(o)
Law enforcement. Existing law enforcement capabilities of the
Borough and state, and assessment of the impact of the proposed development
on said law enforcement agencies along with actions proposed to mitigate
any burdens created by the development.
(p)
Community facilities and services. Existing community facilities
and services and how the proposed use will affect those facilities
and services, including projected needs for additional facilities
and services.
(q)
Economic and other social impacts. The local economy and social
structure and how the proposed use is likely to affect it.
(r)
Additional requirements. In addition to the above requirements,
the Planning Commission and/or Borough Council or the Zoning Hearing
Board may require such other information as may be reasonably necessary
for the Borough to evaluate the proposed use for its effect on the
community.
E.
Additional considerations. The following shall also be addressed:
(1)
A description of alternatives to the proposed use.
(2)
A statement of any adverse impacts which cannot be avoided.
(3)
Environmental protection measures, procedures and schedules to minimize
damage to critical impact areas during and after construction.
(4)
A list of all licenses, permits and other approvals required by municipal,
county or state law and the status of each.
(5)
A listing of steps proposed to minimize environmental damage to the
site and region during and after construction.
F.
Qualifications. The EIS shall be prepared by a professional architect,
landscape architect, planner, engineer or other qualified individual
whose qualifications have been previously approved by the Borough
Council or the Zoning Hearing Board, as the case may be.
G.
Procedures for evaluating the environmental impact statement shall
be as follows:
(1)
Upon receipt of the application, the Borough shall forward the EIS
to the Borough Engineer and any other agency or firm which the Borough
may desire for consultation.
(2)
The above-mentioned agencies shall review the applicant's EIS
and shall report their comments to the Planning Commission and Borough
Council or Zoning Hearing Board.
(3)
The Planning Commission and/or Borough Council or Zoning Hearing
Board may require the opinion of experts in its review of the EIS.
(4)
Fees for the costs of such consultation, as described in § 400-30G(1) and (3) above, shall be paid by the applicant.
(5)
Copies of the EIS shall be on file and available for inspection in
the Borough office.
(6)
The Planning Commission shall evaluate the proposed project and the
EIS and recommend action on same to the Borough Council or Zoning
Hearing Board.
All uses permitted by this chapter shall be subject to the following
special conservation performance standards, which shall apply to any
lands that are characterized as steep slopes, wetlands or floodplains.
The procedures and standards are as follows:
A.
Steep slope areas. Steep slopes shall be defined as slopes in excess
of 25% grade, as determined by the Zoning Officer from United States
Geological Survey topographic maps or NRCS soil maps. In cases where
the slope cannot be specifically determined by said means, the Zoning
Officer may require the applicant to provide certification from a
professional engineer or registered land surveyor of the slope in
question. Slope shall be measured at the points where any earth will
be disturbed or where structures or other improvements are proposed.
Any use or development of such steep slope areas shall be considered
a conditional use, and in reviewing applications for use of sites
partially or wholly included within an area identified as steep-sloped,
the Borough Council and Planning Commission shall be satisfied that
the following performance standards have been or will be met:
(1)
An accurate map prepared by a registered surveyor in the Commonwealth
of Pennsylvania has been submitted showing property boundaries, building
and drive locations, contours at two-foot intervals and any areas
to be graded. The proposed location of other factors shall also be
shown, including streams, wetlands, areas subject to landslides and
extent of vegetative cover.
(2)
A grading and drainage plan has been prepared showing existing and
proposed ground surfaces, plans for drainage devices, plans for walls
or cribbing, etc., map of the drainage area affected, computation
of the amount of runoff expected, an erosion control plan and schedule
for completion of work.
(3)
Impervious surfaces are kept to a minimum.
(4)
No finished grade where fill is used shall exceed a fifty-percent
slope.
(5)
Where fill is used to later support structures, a minimum compaction
of 90% of maximum density shall be achieved.
(6)
At least 50% of the area to be used for any building or construction
purposes shall be less than fifteen-percent slope.
(7)
Soils characterized by the Natural Resources Conservation Service
as highly susceptible to erosion shall be avoided.
(8)
Roads and utilities shall be installed along existing contours to
the greatest extent possible.
(9)
Any steep slope areas also characterized by seasonal high-water tables
shall be avoided.
(10)
Natural vegetation shall be preserved to as great a degree as
possible.
(11)
In cases where structures are proposed, the applicant shall
submit plans to the Zoning Officer detailing how the limitations of
slope will be mitigated by the design of the structure(s).
B.
Wetlands. If the Borough determines that wetlands may be present
or may be impacted by the proposed development, the Borough may require
wetlands, as defined and regulated by the Pennsylvania Department
of Environmental Protection, the United States Army Corps of Engineers
and the United States Fish and Wildlife Service, to be delineated
on any application proposing a new use or expanded use of land. The
applicant shall be responsible for said delineation and shall warrant
that said wetlands have been properly delineated. If no wetlands are
present, the applicant shall provide a certified statement to that
effect. No development shall be undertaken by the applicant except
in accord with all state and federal wetland regulations, and the
applicant shall provide to the Borough evidence of such compliance.
No zoning approval granted by the Borough shall in any manner be construed
to be an approval of compliance by the applicant with any state or
federal wetland regulations, and the Borough shall have no liability
or responsibility to the applicant or any other person for compliance
with said regulations.
C.
Buffer for water bodies. For the purposes of protecting water quality
and ensuring recreational access to water bodies, a buffer zone/building
setback of not less than 25 feet shall be maintained from any body
of water or stream, unless a greater setback is required by other
Borough regulations. No buildings, structures (except uncovered docks),
sewage disposal systems or other impervious surfaces (except approved
boat launches and street and driveway crossings) shall be constructed
or placed within these buffer zones. In residential subdivisions,
this strip shall be protected via a protective easement.
