[Ord. 658, 4/9/2015]
1.
All uses shall comply with the requirements of this Part. Compliance
shall be determined by the Zoning Officer with respect to permitted
uses, by the Zoning Hearing Board with respect to special exceptions
and by the Board of Supervisors with respect to conditional uses.
In order to determine whether a proposed use will conform to the requirements
of this chapter, the Township may obtain a qualified professional
consultant's report, whose cost for services shall be borne by the
applicant.
2.
All projects that require the additional use of new facilities or
essential services, such as sewers, storm drains, fire hydrants, potable
water, public streets, street lighting and similar services, shall
obtain such approval as required by the agency providing such service
prior to project approval. Nonavailability of essential services shall
be a basis for denial of any permit or approval under this chapter
until such services are available. All service extensions shall be
designed and installed in full conformance with the service provider's
standards for such service, and shall be subject to review, permit
and inspection as required by the service provider.
[Ord. 658, 4/9/2015]
Fire protection and firefighting equipment acceptable to the
National Fire Protection Association shall be readily available where
there is any activity involving the handling or storage of flammable
or explosive material.
[Ord. 658, 4/9/2015]
No activity shall emit dangerous radioactivity at any point
or cause electrical disturbance adversely affecting the operation
of any equipment in the vicinity or to the extent that the operator
of any equipment not owned and/or operated by the creator of such
disturbance is adversely affected.
[Ord. 658, 4/9/2015]
1.
No use in any zoning district which by the nature of its use, operation
or activity produces noise of objectionable character or volume as
prescribed below will be permitted as measured from a lot line of
the subject property. For purposes of this chapter, the noise level
will be measured in decibels (dBA) which indicate the sound pressure
level obtained from a frequency weighting network corresponding to
the A-scale on a standard sound level meter.
A.
Residential Uses. At no point on or beyond the boundary of any lot
containing a residential use shall the exterior noise level located
on such lot exceed 60 dBA for more than two hours during a twenty-four-hour
period.
B.
Nonresidential Uses. At no point on or beyond the boundary of any lot containing a nonresidential use (excluding industrial uses, which are addressed by § 27-404, Subsection 1C) shall the exterior noise level located on such lot exceed 65 dBA for more than eight hours during a twenty-four-hour period.
C.
Industrial Uses. At no point on or beyond the boundary of a lot containing
an industrial use shall the exterior noise level located on such lot
exceed 75 dBA for a period of eight hours during a twenty-four-hour
period.
2.
Noise resulting from alarms, sirens, emergency work, normal lawn and landscaping care, traffic and agricultural use shall be exempt from the requirements of this section. Noise from construction or maintenance activities shall be exempt from the requirements of this section provided that the activities occur during the hours established by the Construction Code [Chapter 5, Part 1].
3.
No noise from recordings, loudspeakers or public address systems
shall be allowed which interferes with the reasonable enjoyment of
adjacent residential properties.
4.
Sound levels shall be measured with a sound level meter or sound
level octave band analyzer that conforms to the standards and specifications
published by the American Standards Association. Noise incapable of
being so measured, such as those of an irregular intermittent nature,
shall be controlled so as not to become a nuisance to adjacent uses.
(American Standard Sound Levels for Measurement of Noise and Other
Sounds, 224, 3-1944, American Standards Association, Inc., New York,
New York, shall be used.)
[Ord. 658, 4/9/2015]
1.
Vibrations detectable without instruments on neighboring property
in any district shall be prohibited, except that temporary vibration
as a result of construction activity shall be permitted.
[Ord. 658, 4/9/2015]
1.
For purposes of this section, the "odor threshold" is defined as
the minimum concentration in air of a gas, vapor or particulate matter
that can be detected by the olfactory systems of a panel of three
observers appointed by the Board of Supervisors.
2.
No use, other than agricultural operations, in any zoning district
may generate any odor that reaches the odor threshold measured at:
3.
The release of odorous matter from any zoning district across residential or commercial district boundary lines shall be so controlled that at ground level or at habitable elevation, the concentration shall not exceed the odor threshold. As a guide in determining qualities of offensive odors, Table III, "Odor Threshold," Chapter 5, Air Pollution Abatement Manual, by Manufacturing Chemists Association, Inc. (as amended), may be used.
4.
Further, those standards for the control of odorous emissions established
by the DEP shall also be applied in all zoning districts. Where an
odor is deemed offensive, a duly authorized Township representative
may refer the matter to the DEP where it has jurisdiction relative
to an established airshed.
[Ord. 658, 4/9/2015]
The maximum amount of smoke emission permitted shall be determined
by the use of the Standard Ringelmann Chart issued by the United States
Bureau of Mines. No smoke of a shade darker than No. 2 shall be permitted.
[Ord. 658, 4/9/2015]
1.
No pollution of air by fly ash, dust, dirt, vapors, gases, or other
substance shall be permitted which is harmful to human health, animals,
vegetation, or other property, or which can cause soiling of property.
2.
Where determined necessary by the Township, no permits or approvals
may be issued under this chapter with respect to any land development
until the Allegheny County Health Department has certified to the
permit/approval-issuing authority that the appropriate state permits
have been received by the developer and/or landowner or that the developer
and/or landowner will be eligible to receive such permits and that
the land development is otherwise in compliance with applicable air
pollution laws.
[Ord. 658, 4/9/2015]
1.
Lighting devices that produce greater than 0.1 footcandles of direct
or reflected glare at the property line of a lot or adjoining street
right-of-way shall not be permitted.
2.
The average intensity of outdoor lighting on a lot shall be 2.0 footcandles,
whereas the maximum intensity of direct or reflected glare on the
ground at any given point on the lot shall be 8.0 footcandles, unless
otherwise approved by the Board of Supervisors.
3.
The structure height of a lighting device shall not exceed 25 feet
for residential uses outside of the street right-of-way. The structure
height of a lighting device shall not exceed 35 feet for nonresidential
uses outside of the street right-of-way with the exception of such
devices for stadiums, driving ranges, amphitheaters, parks, or playgrounds,
or unless approved by the Board of Supervisors.
[Ord. 658, 4/9/2015]
No erosion by wind or water shall be permitted which will carry
objectionable substances onto neighboring properties.
[Ord. 658, 4/9/2015]
1.
Water pollution shall be subject to the standards established by
the Department of Environmental Protection (DEP), the Environmental
Protection Agency (EPA) and the Pennsylvania Fish and Boat Commission.
2.
No use in any zoning district may discharge any waste contrary to
the provision of the state law governing discharges of radiological,
chemical or biological wastes into surface or subsurface waters.
3.
No use in any zoning district may discharge into the sanitary sewage
treatment facilities any waste that cannot be adequately treated by
biological means.
[Ord. 658, 4/9/2015]
2.
All lands, regardless of their slope, from which structures or natural
cover has been removed or otherwise destroyed shall be appropriately
graded and seeded within a reasonable time of such clearance activity.
The phrase "a reasonable time" shall be interpreted to be within two
weeks after construction activities are completed, unless those activities
are completed between the time period of November 1 through April
1, in which case, the required sodding or seeding must commence within
two weeks of April 1 and be completed within a reasonable time period
thereafter. This shall be rigidly applied to construction activities
in order to accomplish the intent of keeping erosion to an absolute
minimum. During nongrowing seasons, appropriate measures shall be
taken such as, but not limited to, siltation dams, to prevent erosion
by wind or water. In addition to the measures stated above, the developer
and/or landowner shall provide assurances that all requirements will
be complied with at the beginning of the next growing season.
[Ord. 658, 4/9/2015]
1.
The primary purpose of maintaining a watercourse buffer is preventing
nonpoint pollution from entering a watercourse. These buffers serve
a variety of pollution prevention roles, helping to control sediment,
remove nutrients, stabilize streambanks, and moderate water temperature.
2.
Watercourse buffers are divided into three principle zones: Zone
1 — Undisturbed Forest; Zone 2 — Managed Forest; and Zone
3 — Grasslands.
A.
Zone 1, "Undisturbed Forest," is the fifteen-foot area nearest to
the watercourse. The primary function of this area is to help stabilize
banks and prevent sediment from entering the watercourse. No cutting,
fill or other disturbance of the land in this zone is permitted except
when necessary to provide access to repair public utilities and/or
eroding watercourse banks, eliminate invasive species, remove dead
or diseased vegetation, or to plant additional vegetation.
B.
Zone 2, "Managed Forest," is a thirty-five-foot to sixty-foot wide
area, between Zone 1, "Undisturbed Forest," and Zone 3, "Grasslands,"
where trees may be selectively harvested to help promote nutrient
removal and home gardening is permitted if the slope of the land is
15% or less. No cutting, fill or other disturbance of the land in
this zone is permitted. If the slope of the land exceeds 15%, the
area shall not be disturbed and trees shall not be removed, except
when necessary to provide access to repair public utilities and/or
eroding watercourse banks, eliminate invasive species, remove dead
or diseased vegetation, or to plant additional vegetation.
C.
Zone 3, "Grasslands," is a zero-foot to twenty-foot wide area that
consists of dense grasses to trap sediment and to convert concentrated
stormwater flow to uniform sheet flow. This zone may be disturbed
during construction.
3.
Multipurpose walking and biking trails shall be permitted to be located
within a watercourse buffer.
4.
If disturbed, a watercourse buffer shall be restored as follows.
Zones 1 and 2 shall be restored by planting trees and shrubs in a
random, natural pattern. To restore a buffer, two-inch caliper trees
shall be planted at a minimum rate of one tree per every 16 square
feet. Shrubs shall be planted at a minimum rate of two per every eight
square feet, with shrubs concentrated along the area of Zone 1 nearest
the watercourse and the area of Zone 2 nearest Zone 3. Additional
trees and shrub plantings, including trees that are less than two-inch
caliper are encouraged. Restored buffer areas shall contain at least
two tree and two shrub species appropriate for a streamside/watercourse
location. If a watercourse buffer is not disturbed during construction,
buffer restoration is not required.
5.
The minimum width of a watercourse buffer shall be 50 feet measured
from the top of the channel bank. The minimum fifty-foot buffer shall
be provided on each side of the watercourse.
[Ord. 658, 4/9/2015]
The environmental performance standards analysis of this Part
4B provides a rational methodology for:
A.
Protecting persons and property from hazards resulting from the inappropriate
development of land in areas that contain sensitive natural resources.
B.
Inventorying the sensitive natural resources located within a particular
lot.
C.
Establishing the intensity and location of development in relation
to the natural capabilities of the land to support such development.
D.
Laying out all proposed buildings, structures, streets and utilities
principally within the portions of a lot that contain no sensitive
natural resources.
[Ord. 658, 4/9/2015]
[Ord. 658, 4/9/2015; as amended by Ord. No. 683, 3/6/2019]
This Part shall be applicable to all subdivisions and land developments, except that the requirements of § 27-424, Subsection 1A and B, shall not apply to single-family-dwelling subdivisions or single-family-dwelling land developments where the size of each lot equals or exceeds 80,000 square feet.
[Ord. 658, 4/9/2015]
Protection of the Township's sensitive natural resources is
governed by the following standards:
A.
Steep Slopes. The following standards, including those contained in Table 27-9, "Slope Disturbance Restrictions" of this chapter, shall apply to all grading and/or disturbance of steep slopes. If any of the delineated steep slope areas include unstable soils or geologic features which indicate possible instability, the additional standards contained in § 22-304 (Preliminary Geotechnical Investigation) and § 22-305 (Comprehensive Geotechnical Investigation) of the Subdivision and Land Development Ordinance [Chapter 22] shall apply.
(1)
Steep Slopes Between 15% and 25%. No more than 60% of steep
slope areas with existing grades between 15% and 25% shall be stripped
of vegetation or disturbed through grading. Grading and clearing for
streets on these slopes shall be limited to that necessary to accommodate
the cartway and shoulders or berms. Wherever possible, streets should
follow the contours of the land.
(2)
Steep Slopes Between 25% and 40%. No more than 30% of steep
slope areas with existing grades between 25% and 40% shall be stripped
of vegetation or disturbed through grading. Grading and clearing for
streets on these slopes shall be limited to that necessary to accommodate
the cartway and shoulders or berms. Wherever possible, streets should
follow the contours of the land.
(3)
Steep Slopes Exceeding 40%. No development or disturbance shall
be allowed on existing steep slope areas exceeding 40%. Limited disturbance
for utilities may be allowed where no reasonable alternative location
exists.
|
Table 27-9
| |
|---|---|
|
Slope Disturbance Restrictions
| |
|
Slope
|
Maximum Slope Disturbance
|
|
0 to 15%
|
100%
|
|
>15% to 25%
|
60%
|
|
>25% to 40%
|
30%
|
|
>40%
|
0%
|
B.
Unstable Soils.
(1)
Unstable soils include red beds and colluvial soils.
(2)
If a developer proposes to disturb unstable soils:
(a)
The developer shall also submit a stability report prepared by a professional geotechnical engineer licensed in the Commonwealth of Pennsylvania addressing the anticipated environmental and structural impacts of the proposed development, as well as the construction techniques and mitigation measures needed to protect the public health safety and welfare. The stability report shall conform to the requirements of § 22-305 of the Subdivision and Land Development Ordinance [Chapter 22].
(b)
The Township Engineer or Township Geotechnical Engineer shall
review the stability report and supporting data and make a recommendation
to the Township as to whether the proposed development conforms to
the requirements of applicable Township ordinances and sound engineering
practice.
(c)
To ensure foundation stability, the Township Engineer or Township
Geotechnical Engineer may require core borings at designated building
footprint sites.
C.
Wetlands.
(1)
Wetlands shall not be disturbed except that:
(a)
Wetlands that are less than 100 square feet in area that provide
minimal environmental benefit may be disturbed if mitigated. The Township
encourages on-site relocation and enhancement.
(b)
Wetlands may be disturbed to the minimum extent necessary to
provide access to the site, provided that such disturbance complies
with all applicable federal and state laws and regulations.
(c)
In the AP District, wetlands may be disturbed where necessary
for the safe or orderly development of the airport in compliance with
federal and state laws, regulations, directives, and guidance documents
pertaining to airport development and operations (including those
issued by the Federal Aviation Administration), provided that the
disturbance of such wetlands complies with all applicable federal
and state and federal laws and regulations.
(2)
The Township encourages developers to design the site in a fashion
which integrates existing wetlands into the site's landscaping.
(3)
The developer shall also comply with all applicable federal
and state wetlands laws and regulations.
D.
Floodways.
(1)
In any subdivision or land development, floodways shall not
be disturbed except that:
(a)
Flood retention dams, culverts and bridges approved by the Department
of Environmental Protection may be constructed in the floodway.
(b)
Trails, ballfields and other forms of passive recreation not
involving construction of any building may be constructed in the floodway.
(c)
Floodways may be disturbed to the minimum extent necessary to
provide access to the site, provided that such disturbance complies
with all applicable federal and state laws and regulations.
(3)
Surface parking areas or similar paved open areas shall not
be constructed within the floodway.
E.
Watercourses, Lakes, Water Bodies.
(1)
Watercourses, lakes and water bodies shall not be disturbed
except that:
(a)
Watercourses, lakes and water bodies may be disturbed to the
minimum extent necessary to provide access to the site.
(b)
In the AP District, watercourses, lakes and water bodies may
be disturbed where necessary for the safe or orderly development of
the airport in compliance with federal and state regulations, directives,
and guidance documents pertaining to airport development and operations
(including those issued by the Federal Aviation Administration), provided
that the disturbance of any such watercourse, lake or water body complies
with all applicable federal and state regulations.
(c)
Water bodies that are less than 100 square feet in area that
provide minimal environmental benefit may be disturbed if mitigated.
The Township encourages on-site relocation and enhancement.
(2)
No more than one watercourse crossing shall be permitted per
land development, except in accordance with the following:
(a)
Watercourse crossings shall be minimized to the greatest extent
practical through the use of common streets and driveways. Only one
watercourse crossing will generally be permitted. Greater than one
watercourse crossing shall only be permitted if access through a common
street or driveway is not possible due to extraordinary topographic
conditions of the site.
(b)
The width of the disturbed area for the crossing shall not exceed
100 feet.
(c)
The crossing must be essential to access the site. No other
access route to the site is feasible.
(e)
The developer shall take additional precautions and use best
management practices to reasonably ensure that sediment and other
nonpoint pollutants will not enter the watercourse.
(f)
The developer shall obtain any required permits from appropriate
federal, state, county, and/or local agencies having jurisdiction
over such matters prior to work beginning on the site.
(g)
If the crossing includes a culvert or a bridge, that culvert/bridge
shall be sufficiently oversized to provide an acceptable margin of
safety to allow for potentially increased storm flows over time.
[Ord. 658, 4/9/2015]
1.
Purpose. The purpose of providing incentives is to promote the efficient
use of land, infrastructure and economic resources; to provide development
flexibility; to enhance development longevity, to enhance overall
development quality; to improve the environment and to enhance the
overall quality of life for the residents of the Township.
2.
Slope Disturbance Credit. The incentive offered by this subsection
is a slope disturbance credit that can be used to permit additional
slope disturbances on land areas between 15% and 25% slope. The disturbance
credit shall be used within the same development where the development
enhancement(s) are being provided.
A.
Methods. A developer may incorporate one or more of the following
methods to obtain slope disturbance credits:
(1)
Stormwater Run-Off Reduction Measures. The developer may propose
one or more of the following items:
(a)
Groundwater Recharge. Provide area(s) for groundwater recharge
through on-site stormwater infiltration for an amount of impervious
area equal to one times the additional disturbed area. The minimum
required recharge volume shall be equal to 1 1/2 inches of runoff
for the area defined.
(b)
Additional Landscaping. Install additional landscaping equal to one times the additional disturbed area. This additional landscaping may be used to stabilize cut and fill slopes; to increase the habitat value of any on-site stormwater management facility; to reestablish watercourse buffers or for other on-site uses. The additional landscaping shall be installed in conformance with the planting requirements of Bufferyard 1, and the developer shall have the option to utilize the Forest Style Planting Conceptual Plan or the Prairie Style Planting Conceptual Plan as illustrated in Appendix 27-D. Watercourse buffers shall conform to the planting requirements for watercourse buffer in § 27-413, Subsection 4, of this chapter.
(c)
Porous Pavement. Utilize porous pavement to reduce stormwater
runoff. The porous pavement utilized shall be incorporated into the
stormwater management plan for the site and used to help minimize
the stormwater volume required to be detained on the site. The size
of the additional disturbance permitted shall be equal to the amount
of porous pavement. An illustration of typical porous pavement construction
is included within Appendix 27-F of this chapter. Porous pavement
installed shall conform to acceptable industry and government standards.
(d)
Green Roof. A developer that utilizes green roof construction
in a building design shall receive an additional disturbance credit
equal to a maximum of 100% of the total surface area of the green
roof. Green roof construction shall conform to accepted industry and
government standards.
(2)
Environmental Cleanup and Improvement.
(a)
If the development site contains environmental contamination
or other hazards due to previous land uses as identified in a phase
one environmental assessment, the developer may propose to clean up
the contamination/hazard. For example, the developer may propose to
remove landfilled hazardous materials, propose to remove mining highwalls,
or propose the remediation and treatment of abandoned mine drainage.
(b)
The developer shall describe the value of the remediation offered,
the developer's role either directly or indirectly in causing the
contamination/hazard, and the additional slope disturbance credit
that the developer is seeking. The Township Engineer and the Township
Environmental Advisory Council shall review the request and make a
recommendation to the Planning Commission and the Board of Supervisors
on the relative value of the improvement.
(c)
The Board of Supervisors shall consider the reviews and other
evidence provided and decide if a slope disturbance credit is warranted
to help clean up the site. If the Board of Supervisors finds that
a credit is warranted, it shall also set the amount of the slope disturbance
credit to be granted to the developer.
(d)
This incentive shall only be available to parties not directly
or indirectly responsible for causing the contamination and/or hazard.
(3)
Voluntary Street Right-of-Way Dedication. A developer who voluntarily
dedicates additional right-of-way to the Township (and/or to PennDOT
in the case of a state street) for which the need has been identified
on the Township Official Map shall receive a maximum additional slope
disturbance credit equal to the total right-of-way area dedicated
to the Township (and/or to PennDOT), provided that no additional compensation
is granted to the developer for the dedication of the right-of-way.
(4)
Use of Preferred Materials for External Building Facade. A developer
who voluntarily agrees to face the exterior walls of buildings proposed
within a development with brick, stone and/or glass shall receive
a slope disturbance credit equal to the wall area covered with brick
and/or stone. Each principal building proposed within the development
shall have a minimum two-thirds of its total exterior wall area covered
with these materials to qualify for this credit.
3.
Parking Incentives.
A.
Common Off-Street Parking Areas. To encourage efficient, well planned
and landscaped off street parking areas, two or more adjoining buildings
may create a common parking area. Such common parking areas shall
be eligible for up to a 10% reduction in the overall number of required
parking spaces, provided that a shared parking analysis is provided
to show that the reduction is justified and that the proposed common
parking area employs improved design elements in terms of one or more
of the following:
B.
Parking Garage/Structure Incentive in the BP District and M-1 District.
Where a parking garage/structure is proposed in the BP District or
M-1 District and the footprint of the parking garage/structure covers
less than 10% of the site, the footprint of the parking garage/structure
shall not be included in the maximum lot coverage calculation.
4.
Planned Residential Development (PRD) Incentives. Maximum site density
may be increased by up to 25% in the R-1 District and up to 15% in
any other residential district by incorporating one or more of the
following provisions:
B.
A density bonus of 2 1/2% of the site density for developments
that include common, active recreational facilities including, but
not limited to:
C.
A density bonus of 2 1/2% of the site density for developments
that include an internal multi-purpose trail system throughout the
project and a connection of that trail system to a public sidewalk
system or other trail system located or planned adjacent to the site.
Multi-purpose trails designed in lieu of the construction of sidewalks
shall not be eligible for this incentive, unless the trail constructed
is available for use by the general public and is at least eight feet
in width.
D.
A density bonus of 5% of the site density for developments in which
all principal buildings on the site are constructed with a minimum
of 75% of the exterior building facade being brick or stone.
E.
A density bonus for developments that correct off-site street deficiencies
near the site or provide a donation in lieu for the Township to upgrade
existing off-site streets, traffic signals, and intersections within
the Township. The rate of density bonus for developments incorporating
this provision is based on the value of the improvements as set by
the Township Engineer's review. Developments incorporating this provision
shall receive a bonus according to the following:
(1)
A bonus of 2 1/2% of the site density, if the improvement
is valued at less than $750 per unit.
(2)
A bonus of 5% of the site density, if the improvement is valued
between $750 per unit and $1,000 per unit.
(3)
A bonus of 7 1/2% of the site density, if the improvement
is valued at greater than $1,000 per unit.
F.
A density bonus of 2 1/2% of the site density for developments
in which at least 25% of the units include basic accessibility features
including, at a minimum, the following:
G.
A density bonus of 2 1/2% of the site density for developments
in which the minimum bufferyard used to separate the site from all
surrounding land uses is at least twice that of the required bufferyard.
