[Ord. No. 2007-219, 7/19/2007; as amended by Ord. No. 2016-253, 6/28/2016]
1.
General Provisions. All structures and land uses hereafter erected,
enlarged, moved, created, changed in intensity or substantially altered
shall be provided with the amount of off-street parking, loading space,
access aisles, fire lanes and driveways required by the terms of this
chapter to meet the needs of persons using or occupying such structures
or land.
A.
Parking, General. Off-street vehicular parking facilities shall be
provided in accordance with the following standards:
(1)
Off-street parking facilities may be located in any required
front, side or rear yard, but not within an existing recorded right-of-way
or any required buffer area.
(2)
Except when provided for residential parking, off-street parking
areas shall be constructed with a wearing surface over a minimum of
four inches of stone base and shall be properly graded and drained
to dispose of all surface water in compliance with the Borough's stormwater
management standards.[1]
(3)
Commercial and industrial parking areas shall be arranged and
marked for the orderly and safe circulation, loading, parking and
storage of vehicles and shall be adequately illuminated if designed
for use by more than 10 cars after dusk.
(4)
If determined necessary by the Borough Council, parking areas
for commercial and industrial uses which generate the need for more
than five parking spaces shall be screened from any abutting property
used for residential purposes. Screening may be accomplished through
the placement of adequate buildings, solid fencing and/or the provision
and maintenance of heavy planting in the form of a mix of contiguous
evergreen and deciduous trees or other suitable landscaping as approved
by the Borough Council.
B.
Loading and Unloading Space.
(1)
All commercial and industrial establishments shall provide off-street
loading and unloading and commercial vehicle storage space adequate
for their needs. This required space will be provided in addition
to established requirements for patron and employee parking. In no
case where a building is erected, converted or enlarged for commercial,
manufacturing or business purposes shall the public right-of-way be
used for loading or unloading of materials.
(2)
The minimum size loading space shall be 60 feet in depth, 12
feet in width, with an overhead clearance of 14 feet.
C.
Table of Spaces by Use.
[Amended by Ord. No. 2017-258, 11/14/2017]
(1)
Each required off-street parking area shall provide for parking
spaces at a minimum of nine feet by 20 feet. Where access to such
area is from a public street, adequate turnaround space shall be provided
out of the right-of-way.
(2)
The minimum number of spaces required is as follows:
|
Use
|
No. of Spaces
|
|---|---|
|
Assembly and processing plants and Laboratories
|
1 for every 3 employees, plus 1 for each 2,000 square foot of
gross floor area
|
|
Automobile and vehicle refueling/recharging with or without
ancillary vehicle services and/or convenience retail
|
1 space for each 200 square feet of gross building area; 1 space
for each employee on a work shift with the greatest number of employees;
and 2 spaces for each service bay. Areas for automobile and vehicle
refueling/recharging are not to be considered as parking spaces.
|
|
Churches
|
1 space for every 0.5 seats in the main assembly room
|
|
Commercial recreation
|
1 space for every 4 persons at peak usage
|
|
Day-care centers
|
1 space for each 200 square feet of floor area
|
|
Distribution center and warehouses
|
1 space for each 2 employees on the largest shift, plus 1 space
for each 3,000 square feet of gross floor area
|
|
Funeral homes
|
1 space for every 5 seats
|
|
General offices
|
1 space for each 300 square feet of floor area
|
|
Hospitals and clinics
|
5 spaces for each practitioner on duty, plus 1 space for each
2 beds
|
|
Manufacturing and warehousing
|
1 space for each 500 square feet of gross floor area, plus 1
space for each employee and/or person involved in the operation, service
and maintenance of the facility on the largest shift
|
|
Medical office
|
1 space for each 200 square feet of gross floor area
|
|
Motels, hotels
|
1 space for each sleeping room; 1 space for each 65 square feet
of floor area designed or utilized for eating or drinking and/or for
conferences or banquets; and 1 space for each employee and/or person
involved in the operation, service and maintenance of the facility
on the largest shift
|
|
Personal care home, long-term nursing facility
|
1 space for each 2 beds, plus 1 space for each 2 employees and/or
persons involved in the operation, service and maintenance of the
facility on the largest shift
|
|
Personal services including barber and beauty shops
|
1 space for each 200 square feet of gross floor area or 2 spaces
for each service chair and 1 space for every employee and/or person
involved in the operation, service and maintenance of the facility
on the largest shift
|
|
Public or private grade or middle schools
|
1 space for each classroom, plus 1 space for 50 students at
design capacity
|
|
Public or private high school
|
1 space for each teacher and staff member, plus 1 space for
every 10 students
|
|
Residential dwellings
|
Single-family residential, duplexes and multiplexes: 2 spaces
for each dwelling; multifamily residential: 1.5 spaces for each dwelling
unit, plus 1 space for each 4 dwelling units for visitor parking
|
|
Restaurants, drinking establishments
|
1 space for every 2.5 seats, plus 1 for each employee and/or
person involved in the operation, service and maintenance of the facility
on the largest shift
|
|
Retail business
|
5.5 spaces per 1,000 square feet of gross floor area
|
|
Theaters and assembly halls
|
1 space for every 2.5 seats
|
D.
Access Aisles.
(1)
Parking access aisles shall have adequate provisions for ingress
and egress to all parking spaces as provided in the following table:
|
Type of Parking Space
|
Minimum Width of Access Aisle
(feet)
|
|---|---|
|
Parallel
|
12 feet
|
|
Angle (up to 45%)
|
14 feet
|
|
Angle (46% to 60%)
|
16 feet
|
|
Perpendicular (90%)
|
24 feet
|
(2)
Angled parking, other than 90°, shall have access aisles
restricted to one-way traffic lanes, permitting head-in parking.
E.
Fire Lanes.
(1)
Fire lanes shall be provided for all commercial and industrial
uses and occupancies and all residential uses and occupancies involving
10 or more residential units.
(a)
Fire lanes shall be a minimum of 24 feet in width, unless the
applicant provides and demonstrates, to the satisfaction of the Planning
Commission, an access plan for fire and emergency vehicles and services
that is adequate to meet the safety and emergency services for the
use and occupancy. Any access plan must be reviewed and approved,
in writing, by the New Stanton Fire Department and by the ambulance
service primarily serving the Borough.
(b)
Turns in fire lanes shall be constructed with a minimum radius
of 25 feet at the inside curbline and a minimum radius of 50 feet
at the outside curbline.
(c)
Fire lanes connecting to streets shall be provided with curb
cuts extending at least two feet beyond each edge of the fire lane.
F.
No driveway, access aisle or street used for interior circulation
shall have traffic lanes less than 12 feet in width.
G.
Access aisles for drive-through facilities and bank drive-through
windows and automated teller machines shall be a minimum 12 feet in
width.
H.
Driveways and curb cuts shall have direct alignment with driveways
and curb cuts on opposite lots, provided they meet all other requirements
of this chapter.
I.
Shared Driveways and Cross Access Between Parking Areas.
(1)
To reduce traffic congestion and the number of curb cuts along
public streets, shared driveways and cross access between parking
areas on adjacent parcels shall be encouraged. Cross-access drives
through rear or side yard access drives shall be constructed parallel
to the public street.
(2)
When two adjacent property owners agree to share driveways and provide cross access between their parcels, the Borough may agree to decrease the amount of parking required in accordance with the shared parking provisions set forth below. Shared driveways and cross access drives shall meet the minimum Borough street standards as set forth in Chapter 22, Subdivision and Land Development, or in Chapter 21, Streets and Sidewalks, whichever is applicable.
J.
Shared Parking.
(1)
The use of shared parking for two or more adjoining land uses,
whether located in a mixed-use development or separately owned, shall
be encouraged, provided the applicant can demonstrate that sufficient
spaces will be available to meet the needs of all uses as established
in the following subsections.
(a)
To accommodate the usage of the same parking spaces for two
or more land uses, a lower number of the required parking spaces may
be permitted where peak demand for parking occurs during different
hours. The following provisions apply to shared parking:
1)
The required parking for mixed uses shall be computed as follows:
[a]
Determine the minimum amount of parking required for each land
use.
[b]
Using the table below, determine the number of spaces needed
by each use for each of the four time periods by multiplying the parking
required for each use by the corresponding percentage of use for that
time period.
|
Weekday
|
Weekend
| |||
|---|---|---|---|---|
|
Use
|
Daytime (8:00 a.m. to 6:00 p.m.)
|
Evening (6:00 p.m. to 11:00 p.m.)
|
Daytime (8:00 a.m. to 6:00 p.m.)
|
Evening (6:00 p.m. to 11:00 p.m.)
|
|
Office/industrial
|
100%
|
10%
|
10%
|
5%
|
|
Retail/personal services
|
60%
|
90%
|
100%
|
70%
|
|
Motel/hotel
|
75%
|
100%
|
75%
|
100%
|
|
Residential
|
50%
|
75%
|
100%
|
80%
|
|
Restaurant
|
75%
|
100%
|
100%
|
100%
|
|
Entertainment/ recreational
|
40%
|
100%
|
80%
|
100%
|
|
All other uses
|
100%
|
100%
|
100%
|
100%
|
[c]
Calculate the total number of spaces needed for all uses for
each time period.
[d]
The time period with the highest number of parking spaces required
for the sum of all uses shall be the number of parking spaces required.
[e]
Where the hours of operation for a specific use or uses differ
substantially from those assumed in the above table, the applicant
can request that a parking needs analysis be used to calculate the
parking need for the corresponding time periods. The applicant shall
have the burden of establishing the intended hours of operation and
the Borough, upon review of such information, may agree at its discretion
that different percentages be used to calculate the parking needs.
The parking needs analysis shall be prepared at the applicant's expense
by a person or firm trained and certified to perform such studies.
[f]
Subsequent changes in use or in the event the Borough determines
that inadequate parking which creates a public safety concern exists
then a new occupancy permit will be required and/or proof that sufficient
parking will be required.
(2)
Agreement for Shared Parking Plan. Where parking is being shared
between uses under separate ownership, a shared parking plan shall
be enforced through written agreement. An attested copy of the agreement
between the owners of record shall be submitted to the Zoning/Code
Enforcement Officer who shall forward a copy to the Borough Solicitor
for review and approval. Proof of recordation of the agreement shall
be presented to the Zoning/Code Enforcement Officer prior to issuance
of a certificate of occupancy. The agreement shall:
(a)
List the names and ownership interest of all parties to the
agreement and contain the signatures of those parties;
(b)
Provide a legal description of the land;
(c)
Include a land development plan showing the area of the parking
parcel;
(d)
Describe the area of the parking parcel and designate and reserve
it for shared parking unencumbered by any conditions which would interfere
with its use;
(e)
Agree and expressly declare the intent for the covenant to run
with the land and bind all parties and all successors in interest
to the covenant;
(f)
Assure the continued availability of the spaces for joint use
and provide assurance that all spaces will be usable to all participating
uses;
(g)
Describe the method by which the covenant, upon approval by
the Borough, may be revised; and
(h)
Provide that the Borough shall have the right to enforce the
agreement.
K.
Location of Parking Areas.
(1)
Except where shared parking is being used, all parking shall
be provided on the same lot with the principal use it is intended
to serve.
(2)
In residential districts, no parking shall be permitted in the
required front yard, except in a driveway that leads directly to a
dwelling unit or an integral or detached garage.
L.
Minimum Standards for Parking Areas.
(1)
Parking areas requiring 5,000 or more square feet of land-disturbance
area shall be graded for proper drainage and surfaced as to provide
durable and dustless macadam constructed of asphalt, concrete, prefabricated
pavers or other acceptable materials.
(2)
A drainage plan, consistent with the Borough's stormwater management
requirements, shall be submitted for parking areas requiring 5,000
or more square feet of land-disturbance area.
(3)
For all parking areas containing five or more spaces, the entire
street frontage, except where ingress or egress areas are proposed,
shall be curbed to restrict access to the parking area.
(4)
All parking areas requiring five or more spaces shall be clearly
delineated by painted lines, which shall be double-striped.
(5)
If required by the Planning Commission, parking spaces shall
be provided with bumper guards or wheel stops for pedestrian safety
or the protection of adjacent structures, property or landscaping.
(6)
No parking spaces shall be located closer to the edge of an
adjacent street right-of-way line or lot line than 10 feet or the
required buffer area setback.
(7)
Unless otherwise approved by the Planning Commission, accessible
parking spaces, passenger loading zones and access aisles shall have
a maximum slope and cross slope of 2%.
(8)
Parking lots shall be landscaped in accordance with the requirements of this chapter and/or Chapter 22, Subdivision and Land Development.
(9)
Upon special conditions or circumstances, the Borough Engineer
may recommend and the Planning Commission may approve the use of alternate
designs and materials for parking areas.
M.
Number of Required Parking Spaces for Similar Uses. The minimum number
of parking spaces required for each use is set forth in Table 3. B.,
above. If the proposed use or occupancy is not listed in that table,
then the use listed that is most similar to the proposed use or occupancy
shall be used by the Planning Commission as the standard for the determination
of the required parking spaces.
N.
Access Drives.
(1)
Residential. Access drives to any public street or highway in
a residential zone shall comply with the following:
(a)
An access drive may not exceed 20 feet in width at its intersection
with a public street or highway.
(b)
The number of access drives may not exceed two per lot for a
single-family dwelling on a single lot and one per unit for a multifamily
dwelling.
(c)
An access drive may not cross a street right-of-way line:
1)
Within five feet of a property line except for a common access
for two dwellings.
2)
Within 50 feet of the right-of-way line of an intersecting street
when entrance is from an arterial street.
3)
Within 35 feet of the right-of-way line of an intersecting street
when entrance is from a collector street.
4)
Within 25 feet of the right-of-way line of an intersecting street
when entrance is from a minor collector street.
5)
Within 15 feet of a fire hydrant.
(d)
An access drive must be located in safe relationship to sight
distance and barriers to vision. The drive may not exceed a slope
of 3% within 25 feet of the street right-of-way lines. Where a drive
enters a bank through a cut, the shoulders of the cut may not exceed
a three-to-one (horizontal to vertical) slope within 25 feet of the
point the drive intersects with the street right-of-way line.
(2)
Commercial and industrial access drives to any public street
or highway from a commercial or industrial development shall comply
with the following:
(a)
Access drives to public streets or highways shall be located
at least one 150 feet from any intersection with arterial or collector
streets, and 100 feet from any intersection with minor collector streets.
Access drives shall be designed to permit safe ingress and egress
and, where practicable, shall be located on minor collector or local
streets rather than collector or arterial streets.
(b)
No design shall be approved which is likely to create a traffic
hazard or endanger the public. Safety requirements to be imposed in
such a review shall include traffic control devices, acceleration
or deceleration lanes; turning lanes, traffic and lane markings and
signs. The developer shall be responsible for the construction of
any such traffic control devices.
[1]
Editor's Note: Original § 502, Access Drives, as
amended, was repealed 6-28-2016 by Ord. No. 2016-253.
[Ord. No. 2007-219, 7/19/2007; as amended by Ord. No. 2016-253, 6/28/2016]
1.
The Borough Council may permit exceptions to the height regulations
in each district where the following conditions are met:
A.
Except for signs, building height in excess of the height above base
grade shall be permitted in any district, provided all front, side
and rear yard depths are increased one foot for each additional foot
of height above the maximum permitted height for that district.
B.
The following structures are exempt from height regulations, provided
they do not constitute a hazard to pedestrians or property: private
residential television and radio towers, church spires, belfries,
monuments, ornamental towers and spires, parapets, chimneys, elevator
bulkheads, smokestacks, conveyors, flagpoles and farm silos.
[Ord. No. 2007-219, 7/19/2007]
1.
Authority. Signs may be erected and maintained only when in compliance with the provisions of this section and chapter and any and all other ordinances and regulations of this Borough which may be applicable. Types of signs not listed as permitted in a zoning district (unless provided for under Subsection 2, below) shall not be permitted in that zoning district.
2.
Exclusions. The following signs shall be permitted in all districts
and shall not be subject to the provisions of this section unless
otherwise specifically cited herein:
A.
Signs of a duly constituted local, state or federal governmental
body, including traffic or similar safety and regulatory devices,
legal notices, railway warning signals, memorial signs or tablets
(no zoning permit required).
B.
Small signs with a surface area not exceeding three square feet,
displayed for the direction or convenience of the public, which identify
landmarks, parking areas, convenience facilities and similar features
(no zoning permit required).
C.
One temporary nonlighted sign on property being developed or on a
construction site, not exceeding an area of 48 square feet, denoting
engineer, architect, developer, contractor or funding agencies and
related information regarding the development (no zoning permit required).
The sign shall be promptly removed upon completion of the development
or construction.
D.
Sign(s) placed on or affixed to currently licensed vehicles and/or
currently licenses trailers on private property.
3.
Permitted signs: R-A, R-1 and R-2 Districts. In the R-A, R-1 and
R-2 Districts, the following requirements shall apply.
A.
The following signs shall be permitted:
(1)
Permanent identification sign:
(a)
Permanent identification sign(s) for each dwelling unit, which
may cite the name of the occupant, address and other distinguishing
features of the structure or property. Such signs shall not exceed
two square foot in area and shall also comply with the provisions
of Ordinance No. 2006-216, as amended and supplemented (No zoning
permit required.)
(b)
Permanent subdivision/development identification sign(s) may
be erected at each entrance into the property or plan, which shall
only be illuminated with full cutoff luminaires. The maximum sign
area shall not exceed 24 square feet and shall be landscaped with
shrubs and/or ground cover under the entire area beneath the sign.
(2)
One temporary nonlighted real estate sign pertaining to the
sale, lease, hire or rental of property on which the sign is displayed,
not to exceed six square feet in area. No pole sign or ground sign
shall exceed five feet at its highest point above ground level. (No
zoning permit required.)
(3)
One announcement sign designating professional uses, group residential
facilities, day care or home occupations, provided that all such signs
shall be limited to six square feet in area.
(4)
One permanent announcement sign erected by churches, schools,
hospitals, cemeteries, municipal facilities or similar permitted uses,
which may include any appropriate message, provided that the area
of such sign shall not exceed 24 square feet in area. (No zoning permit
required.)
(5)
Temporary signs advertising a garage sale, street fair or other
temporary activity or a temporary sign directing persons to the location
of such activity. Such temporary signs cannot be placed for a period
exceeding seven days. Signs must be removed within 24 hours of termination
of the activity and shall not exceed 12 square feet in area. (No zoning
permit required.)
(6)
Signs relating to the sale on the property of farm products
produced on the premises in an R-A District and shall be limited to
a total of two such signs that do not exceed a cumulative total of
20 square feet in area. Such signs shall be displayed only when seasonal
sales are taking place and removed when not applicable.
(7)
Temporary signs relating to the sale of agricultural products
produced on the premises in residential districts shall be limited
to a total of two such signs that do not exceed a cumulative total
of 20 square feet in area. Such signs shall be displayed only when
seasonal sales are taking place and removed when not applicable (no
zoning permit required).
(8)
One announcement sign designating a home-based business (no-impact)
conducted on the residential property, provided that such sign shall
be limited to six square feet in area. No pole sign or ground sign
shall exceed five feet at its highest point above ground level.
B.
Signs, unless otherwise provided herein, shall comply with the following
requirements:
(1)
Signs mounted or painted on a wall, canopy or other portion
of a principal site structure shall not protrude more than 18 inches
beyond the wall on which said signs are mounted.
(2)
Signs in all agricultural and residential districts shall be
located a minimum distance of five feet from the street or road right-of-way
if no sidewalk exists and five feet from the inside edge of the walk
if such a walk exists.
(3)
No pole sign or ground sign shall exceed five feet at its highest
point above ground level. No sign shall be mounted on a building above
the eave line of a roof or extend above a public sidewalk or vehicular
right-of-way.
4.
Permitted signs: B-1, B-2, V-1, LI-1, LI-2 and T-1 Districts. In
the business, village, industrial and transportation districts, the
following requirements shall apply.
A.
The following signs shall be permitted:
(1)
Signs advertising the sale or rental or development of property,
not to exceed 20 square feet.
(2)
Signs indicating the location of premises, not to exceed four
square feet.
(3)
Business signs not to exceed 300 square feet.
(4)
Signs may be placed on the principal building or mounted on
a pole or another structure, but shall be no higher than 50 feet from
ground level in any case.
(5)
Temporary signs relating to the sale of agricultural products,
flowers, cut trees and other seasonal products shall be limited to
a total of six such signs, any of which may be two-sided, that do
not exceed a cumulative total sign face area of 72 square feet. Such
signs shall be displayed only when seasonal sales are taking place
and removed when not applicable. In no event shall such signs be placed,
erected or located on the property for more than 90 days. A permit
is required for the total number of seasonal signs placed, erected
or located on a property. The fee for such signage shall be established
by Council by resolution.
(a)
Such temporary seasonal signs shall be located a minimum distance
of five feet from the street or road right-of-way if no sidewalk exists
and five feet from the inside edge of the walk if such a walk exists.
(b)
No temporary seasonal sign located on a pole or as a ground
sign shall exceed five feet at its highest point above ground level.
No such sign shall be mounted on a building above the eave line of
a roof or extend above a public sidewalk or vehicular right-of-way.
B.
Signs shall be located a minimum distance of 10 feet from the street
right-of-way line.
C.
Sign height shall be subject to the following regulations:
(1)
No pole sign or ground sign shall exceed 50 feet at its highest
point above ground level.
(2)
The highest point of any proposed pole sign or ground sign to
be located within a 100-foot distance of the right-of-way of Interstate
70, the Pennsylvania Turnpike or Toll Road 66 shall be measured from
ground level or from the grade level of the center line of the right-of-way
of such roads at a point on said center line that is perpendicular
from the location of the proposed sign. If the center line of said
road is higher than the ground level where the proposed sign is to
be located and the owner desires to use the center line as the base
elevation to measure the height of said sign, then a landscaping strip
will be required for the increase in sign height, as follows:
5.
Electronic Variable Message Sign. An electronic variable message
sign may be permitted as a conditional use in B-1, B-2, V-1, LI-1
and LI-2 Districts when approved by the Borough Council, after submission
and review by the Zoning Officer, and provided that all of the following
requirements are met:
A.
Sign change of message shall be subject to the following regulations:
(1)
All messages shall remain unchanged for a minimum of one minute.
(2)
The time interval used to change from one complete message to
the next complete message shall be a maximum of one second.
(3)
There shall be no appearance of visual dissolve or fading, in
which any part of one electronic message appears simultaneously with
any part of a second electronic message.
(4)
There shall be no appearance of flashing or sudden bursts of
light, and no appearance of animation, movement, or flow of the message.
(5)
Any illumination, intensity or contrast of light level shall
remain constant.
B.
No electronic variable message sign shall be closer than 275 feet
in radius from a dwelling.
C.
No electronic variable message sign shall exceed 32 square feet.
D.
The maximum height of an electronic variable message sign is 25 feet.
E.
The sign shall not project over or be located within a public right-of-way.
F.
The sign shall be located a minimum distance of 10 feet from the
street right-of-way line.
G.
Only one permanent message board or an electronic variable message
sign shall be permitted on a lot, and no temporary/portable signs
will permitted on a lot once an electronic variable message sign is
utilized on that lot, regardless of how many tenants occupy the lot.
6.
Signs in Shopping Centers. Business signs established for shopping
centers shall meet the following criteria:
A.
Number of signs per each development center or park:
(1)
One freestanding pole sign or one freestanding ground sign at
each entrance.
B.
Total combined maximum area of all freestanding pole signs and/or
ground signs:
(1)
One hundred square feet at facilities with highway frontage
of 50 linear feet or less.
(2)
For facilities with highway frontage of between 51 linear feet
and 250 linear feet, the following requirements shall apply:
(3)
Five hundred square feet maximum at facilities with highway
frontage in excess of 250 linear feet.
C.
Signs per unit of use affixed to the subject premises within the
site shall be limited to one square foot of sign area per linear foot
of frontage up to a maximum of 100 square feet.
D.
Signs shall be located a minimum distance of 25 feet from the street
right-of-way line.
E.
No pole sign or ground sign shall exceed 50 feet at its highest point
above ground level. The highest point of any proposed pole sign or
ground sign to be located within a seventy-five-foot distance of the
right-of-way of Interstate 70, the Pennsylvania Turnpike or Toll Road
66 shall be measured from ground level or from the grade level of
the center line of the right-of-way of such roads at a point on said
center line that is perpendicular from the location of the proposed
sign. If the center line of said road is higher than the ground level
where the proposed sign is to be located and the owner desires to
use the center line as the base elevation to measure the height of
said sign, then a landscaping strip will be required for the increase
in sign height:
F.
No sign shall be set closer than 50 feet of a rear or side property
line.
7.
Portable or Mobile Signs. Portable or mobile signs and other similar
advertising displays may be used for special sales, announcement and
related purposes, subject to the following provisions:
A.
Display area of such signs shall not exceed 32 square feet.
B.
The sign shall be located a minimum distance of 10 feet from the
street right-of-way line.
C.
All lighting and illumination restrictions which apply to displays,
signs and structures under this chapter shall apply.
D.
Permits for the placement of such signs shall be issued for a maximum
of 30 consecutive days and may be renewed no more than one time during
any consecutive 180-day period.
8.
General Standards. The following standards shall apply to signs in
all zoning districts of the Borough of New Stanton.
A.
No sign, pole or required landscaping shall be located or constructed
to obstruct or interfere with any traffic control signal, sign, device
or clear sight triangle.
B.
All signs shall be constructed of durable materials; shall be kept
in good condition and repair; and shall not be permitted to become
unsightly or dilapidated. All signs must be constructed in such a
manner and of such materials that they do not present a safety hazard
to pedestrians or vehicles due to wind load or fragmentation under
either normal conditions or abnormally high wind conditions, specifically
wind gusts to 50 miles per hour.
C.
No sign shall be permitted that is deemed to constitute a hazard
of any kind.
D.
The following types of signs are prohibited in all zoning districts:
(1)
Illuminated sign(s) involving the movement or causing the illusion
of movement or flashing.
(2)
Sign(s) or device(s) with flashing, moving or similar lighting
or animation.
(3)
Snipe sign(s).
(4)
Rotating sign(s).
(5)
Sign(s) placed on or affixed to currently licensed vehicles
and/or currently licensed trailers which are parked on a public right-of-way
or public property, for two or more consecutive days, so as to be
visible from a public right-of-way where the apparent purpose is to
advertise a business or activity. This does not include those vehicle
signs on a vehicle that serve as identification for a company vehicle.
E.
A sign shall be removed within 30 days when the circumstances that
led to its erection no longer apply or if safety violations occur.
Circumstances that dictate sign removal shall include, but not be
limited to, the following:
(1)
The creation of a safety hazard.
(2)
Dilapidation.
(3)
Vacancy or termination of the subject business for more than
90 days.
(4)
Legal transfer of ownership of a property that involves a change
of name or business activity.
(5)
The completion of an event, business transaction or other activity
for which the sign was originally installed.
(6)
Any illegality under the provisions of this chapter or regulation
of a duly constituted governmental authority.
F.
Signs shall be subject to the following regulations:
(1)
All lighting and illumination of signs shall conform to regulations
regarding traffic hazards as specified in local and state regulations
and shall not cause undue distraction, confusion or hazard. All signs
shall not be continuously or intermittently illuminated in any manner
which can cause distraction or confusion, jeopardizing the safe movement
of pedestrian or vehicular traffic, or cause interference with the
peaceful use and enjoyment of nearby or adjacent properties and uses.
G.
Any bushes or shrubs required by this chapter or other Borough ordinances
where a sign is located which die shall be promptly removed and replaced
with new bushes or shrubs of like kind and equality.
H.
Signs of any type not identified as permitted in a zoning district
in this chapter shall not be permitted in the zoning district.
I.
A permit is required before a sign can be erected for home occupations,
business advertising and industrial signs. Road signs, streets signs,
political signs and for sale signs are exempt from this permit requirement.
A permit fee is required, payable to the Zoning and Code Officer,
in accordance with a schedule determined by the Borough Council for
all signs permitted under this chapter.
J.
Temporary political campaign signs are permitted provided they are
put up no earlier than 60 days before the election and removed within
seven days after the election.
K.
Advertising Signs (billboards).
(1)
Advertising signs with an advertisement or information pertaining
to business conducted off the property, shall be located on property
with frontage on the rights-of-way of the Pennsylvania Turnpike (Interstates
66 and 76) and Interstate 70, and within the SO-1 Sign Overlay District.
(2)
An applicant for such sign shall provide a site plan to the
Borough, which plan shall shown the location of the proposed sign,
the principal building on the property, where applicable, and a written
certification provided by a professional engineer as to wind load,
structural performance, lighting and orientation.
(3)
Any sign permitted under these provisions shall comply with
the following dimensional standards:
(a)
The total area of single face of the sign shall not exceed 1,200
square feet.
(b)
Double-faced signs shall not exceed 600 square feet per sign
face.
(c)
Maximum height shall not exceed 50 feet.
(d)
Maximum length shall not exceed 60 feet.
(e)
Minimum separation of 200 feet between the closest points of
two such signs shall be required.
L.
Signs. On certain properties where preexisting nonconforming sign
structures were installed for the erection of business advertising
signs, those signposts may be reused as follows:
(1)
Only the business currently operating on the property where
the signpost exists may use the signpost.
(2)
Prior to reuse of the existing signpost, an inspection by a
Professional Engineer shall be prepared and presented to the Borough.
(3)
When, in the opinion of the professional engineer, the signpost
cannot support the weight of the sign proposed, or other similar signage,
the signpost shall be removed at the owner's expense.
(4)
Existing signposts in need of repair or additional support shall
be renovated prior to issuance of a sign permit.
(5)
Existing signposts shall not be leased or offered to off-site
businesses for use.
(6)
All signs proposed to be attached to the existing signpost shall
comply with the applicable provisions of this section, specifically
the dimensional standards and wind loads.
9.
Sign Measurement.
A.
Sign Face Area.
(1)
The area of sign face enclosed in frames or cabinets shall be
determined based on the outer dimensions of the frame or cabinet surrounding
the sign face. Sign area shall not include foundations, supports and
other essential structures that do not serve as a backdrop or border
to the sign.
(2)
When a sign shall be on a base material and attached without
a frame, such as a wood or plastic panel, the dimensions of the base
material shall be used unless it is clear that part of the base contains
no sign, related display or decoration.
(3)
When signs shall be constructed of individual pieces or letters
attached to a building wall, sign area shall be determined by a perimeter
drawn around all the pieces or letters.
B.
Double-Faced Signs.
(1)
Any sign may be doubled-faced, provided that it has two parallel
surfaces that are opposite and matching in size, shape and message
and are not over 12 inches apart.
(2)
The sign shall be considered as one sign and only one face shall
be used to calculate the total size of the sign.
(3)
Should the two surfaces deviate from being parallel or should
they differ in size or shape, the sign shall be considered as two
signs and both sides will be used to calculate the total size of the
sign.
10.
Permits.
A.
A separate zoning permit shall be required for the erection of signs
under this chapter, except that no permit shall be required for the
following exclusions:
B.
Each application for a permit shall be accompanied by a drawing to
scale showing the proposed sign, the size, general characteristics,
method of illumination, the exact location of the sign in relation
to the lot and structure involved and other data as may be required
by the Zoning Officer.
C.
A fee shall accompany each application for a permit. Such fees shall
be established by resolution of the Borough Council.
[Ord. 85-119, 8/22/1985, § 3.7; as amended by Ord. No.
2007-219, 7/19/2007]
1.
Agricultural uses shall comply with the following requirements except
where such use is registered under the Agricultural Security Act:[1]
A.
Feed lots, fenced runs, pens and similar intensively used facilities
or structures for animal raising and care shall not be located within
100 feet of an abutting lot line with a residential dwelling on said
lot.
B.
Roadside stands for the seasonal sale of agricultural products grown on the property shall be permitted as an accessory use if they are erected at least 30 feet back from the right-of-way line and parking spaces are provided consistent with § 27-501.
C.
One additional single-family dwelling unit to be occupied by a family
member only is permitted provided the farm is in excess of 10 acres
and adequate water and sanitary sewage is provided.
[1]
Editor's Note: See 3 P.S. § 901 et seq.
[Ord. 85-119, 8/22/1985, § 3.8; as amended by Ord. No.
2007-219, 7/19/2007]
1.
Any home occupation shall comply with the following requirements:
A.
The home occupation shall be carried on by a member or members of
the family residing in the dwelling unit with a maximum of one unrelated
employee.
B.
Home occupations are restricted to one patient or client at a time
by appointment only.
C.
The home occupation shall be carried on wholly within the principal
structure and shall utilize a maximum of 20% of the gross floor area.
D.
Exterior displays (other than signs those permitted as an accessory
use), exterior indication of the home occupation or physical variation
from the residential character of the principal structure shall not
be permitted.
E.
The home occupation shall conform to all performance standards.
F.
Not more than one person outside the family shall be employed.
G.
There shall be no exterior storage of materials and no other exterior
indication of the "home occupation" or variation from the residential
character of the principal building.
H.
Permitted home occupations include, but are not limited to, physician,
attorney, engineer, architect, dressmaker, seamstress, artist, teacher,
(limited to one pupil at a time) or sales representative for home
use products which are retailed only through commissioned individuals
not employed by the manufacturer.
I.
An application for zoning use permit must be acquired from the Zoning
and Codes Officer prior to the establishment of a home occupation.
J.
The following are specifically not permitted: teacher of more than
one pupil at a time, veterinarian or store.
K.
Adequate off-street parking must be provided for the maximum number
of clients or customers who can be accommodated simultaneously, and
in no case shall this parking be less than the parking required for
such uses noted in Part 5.
[Ord. No. 2007-219, 7/19/2007]
1.
Land with development constraints and where the public health, safety
and general welfare are threatened by special development problems,
consisting of excessive slope or periodic flooding, shall conform
to the following additional regulations:
A.
Steep Slope.
(1)
Land having a slope in excess of 25% shall be deemed steep sloped
land. For the purpose of determining compliance with the area requirements
of this chapter, the area of steep slope land shall be computed at
1/10 the value of other land: that is, each 10 square feet of steep
slope land shall be counted as one square foot in determining compliance.
(2)
Land developed in such a manner that steep slopes or sharp drop-offs
are to be artificially created must provide either at least one foot
distance between the top (uppermost elevation) beginning of the steep
slope region and the adjoining property line for each foot of vertical
rise in the steep slope or sharp drop off area; or a retaining wall
which meets all applicable regulations and is approved by the Borough
Engineer for a slope of 45°. A protective fence is required where
the vertical distance between the top of the slope and the toe of
the slope is greater than six feet.
B.
Floodway Areas. In the floodway areas, no development shall be permitted
except where any rise in flood heights caused by the proposed development
will be fully offset by accompanying improvements which have been
approved by all appropriate local, county, state or federal authorities,
as required.
(1)
Permitted Uses. In the floodway areas, the following uses and
activities are permitted, provided that they are in compliance with
the use provisions of the zoning district and are not prohibited by
any other ordinance and provided that they do not require structures,
fill or storage of materials and equipment:
(a)
Agriculture, provided no buildings are located within the lands
subject to flooding.
(b)
Recreational uses, provided no buildings are located within
the lands subject to flooding.
(c)
Accessory residential uses, such as yard areas, gardens, play
areas and unpaved parking areas.
(d)
Accessory industrial and commercial uses, such as yard areas,
unpaved parking and loading areas.
C.
Flood-Fringe Areas and General Floodplain Areas. In the flood-fringe
and general floodplain areas, the development and/or use of land shall
be permitted in accordance with the regulations of the zoning district
wherein the land is situated, provided that all such uses, activities
and/or development shall be undertaken in strict compliance with the
floodproofing and related provisions contained herein.
D.
Special Provisions Applying to Construction or Development in Floodplain
Areas. In order to prevent excessive damage to buildings and structures
due to flooding conditions, the following provisions shall apply to
all proposed construction or development occurring in any of the floodplain
areas designated:
(1)
General.
(a)
Residential Structures. Within any designated floodway, general
floodplain area or flood-fringe area, the lowest floor, (including
basement) of any new or improved residential structure, shall be at
least 1 1/2 feet above the 100-year flood elevation.
(b)
Nonresidential Structures.
1)
Within any designated floodway, general floodplain area or flood-fringe
area, the lowest floor (including basement) of any new or improved
nonresidential structure shall be at least 1 1/2 feet above the
100-year flood elevation, or be designed and constructed so that the
space enclosed by such structure shall remain either completely or
essentially dry during any flood up to that height.
2)
Any structure, or part thereof, which will not be completely
or adequately elevated shall be designed and constructed to be completely
or essentially dry.
(2)
Design and Construction Standards.
(a)
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff to an appropriately designed detention facility in a safe and efficient manner. The system shall ensure drainage at all points along streets, and provide positive drainage away from buildings. The system shall be designed and constructed as per the applicable provisions of Chapter 22, Subdivision and Land Development.
(b)
Sanitary Sewer Facilities. All new or replacement sanitary sewer
facilities and private package sewage treatment plants (including
all pumping stations and collector systems) shall be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges
from the systems into the floodwaters. In addition, they shall be
located and constructed to minimize or eliminate flood damage and
impairment.
(c)
Potable Water Facilities. All new or replacement potable water
facilities shall be designed to minimize or eliminate infiltration
of floodwaters into the system, and be located and constructed to
minimize or eliminate flood damages.
(d)
Streets. The finished elevation of proposed new streets shall
be no more than one foot below the regulatory flood elevation.
(e)
Utilities. All utilities such as gas lines, electrical and telephone
systems being placed in flood-prone areas shall be located, elevated
(where possible) and constructed to minimize the chance of impairment
during a flood.
(f)
Fill. If fill material is used, the following shall dictate:
1)
A compaction and soils report prepared by a soils scientist
or geologist shall be submitted for review by the Borough Engineer.
2)
Fill shall consist of soil or small rock materials only; sanitary
landfills shall not be permitted.
3)
Fill material shall be graded no steeper than one vertical foot
to two horizontal feet, unless substantiated data justifying steeper
slopes are submitted to, and approved by, the Borough Engineer.
(g)
Place of Buildings and Structures. All buildings and structures
shall be constructed and placed on the lot so as to offer the minimum
obstruction to the flow of water. In so doing, consideration shall
be given to their effect upon the flow and height of floodwaters.
(h)
Anchoring.
1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or other movement.
2)
All air ducts, large pipes and storage tanks located at or below
the regulatory flood elevation shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation.
(i)
Floor, Walls and Ceilings. Where located at or below the regulatory
flood elevation:
1)
Wood flooring shall be installed to accommodate a lateral expansion
of the flooring, perpendicular to the flooring grain, without incurring
structural damage to the building.
2)
Plywood shall be of any exterior or marine grade and of a water-resistant
or waterproof variety.
3)
Walls and ceilings in nonresidential structures shall have sufficient
wet strength and be so installed as to survive inundation.
4)
Window frames, door frames, doorjambs and other components shall
be made of metal or other water-resistant material.
(j)
Electrical Systems.
1)
All electric water heaters, electric furnaces, electric air-conditioning
and ventilating systems and other electrical equipment or apparatus
shall be permitted only at elevations above the regulatory flood elevation.
2)
No electrical distribution panels shall be allowed at an elevation
less than three feet above the level of the 100-year flood elevation.
3)
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
(k)
Plumbing.
1)
Water heaters, furnaces and other mechanical equipment or apparatus
shall be permitted only at elevations above the regulatory flood elevation.
2)
No part of any on-site sewage disposal system shall be constructed
within any designated floodplain areas.
3)
Water supply systems and sanitary sewage systems shall be designed
to preclude infiltration of floodwaters into the systems and discharges
from the system into floodwaters.
4)
All gas and oil supply systems shall be designed to preclude
the infiltration of floodwaters into the systems and discharges from
the systems into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
(l)
Paint and Adhesives. Where located at or below the regulatory
flood elevation:
1)
Adhesives shall have a bonding strength that is unaffected by
inundation (i.e., marine or water-resistant quality).
2)
All wooden components (doors, trim, cabinets, etc.) shall be
sealed with a marine or water-resistant material or similar product.
3)
Paints or other finishes shall be capable of surviving inundation
(i.e., marine or water-resistant quality.
(m)
Storage. No materials that are buoyant, flammable, explosive
or in time of flooding could be injurious to human, animal or plant
life shall be stored below the regulatory flood elevation.
(n)
Strength of Structures. All structures shall be designed and
constructed so as to have the capability of resisting the hydrostatic
and hydrodynamic loads and pressures, and effects of buoyancy of a
100-year flood.
(3)
Existing Structures in Designated Floodplain Districts. Structures
existing in any designated floodplain area prior to the enactment
of this chapter, but which are not in compliance with these provisions,
may continue to remain subject to the following:
(a)
Existing structures located in a designated floodway area or
areas shall not be expanded or enlarged, unless the effect of the
proposed expansion or enlargement on flood heights is fully offset
by accompanying improvements.
(b)
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall include elevation changes and/or
floodproofing to the extent possible.
(c)
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall be undertaken only in full compliance
with the provisions of this chapter.
(4)
Development Which Poses Special Hazards in Floodplain Areas.
In addition to all other applicable provisions of this chapter, the
following land uses and activities are permitted only as special exceptions
if located partially or entirely within any floodplain area:
(b)
The commencement of, or the construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision;
(c)
Application Requirements. applicants for uses by special exception
as they relate to uses proposed in designated flood-prone areas shall
provide five copies of the following items and shall follow procedures
outlined in Part 6:
1)
A written request to the Zoning Hearing Board, including a completed
use by special exception application form.
2)
A locator map showing the area of the Borough in which the proposed
site is located.
3)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[a]
North arrow, scale and date.
[b]
Topography based upon the National Geodetic Vertical
Datum of 1929, showing existing and proposed contours at intervals
of two feet.
[c]
All property and lot lines, including dimensions
and the size of the site expressed in acres or square feet.
[d]
The location of all existing streets, drives, other
accessways and parking areas, with information concerning widths,
pavement types and construction and elevations.
[e]
The location of any existing bodies of water or
watercourses, buildings, structures and other public or private facilities,
including railroad tracks and facilities, and any other natural and
man-made features affecting, or affected by, the proposed activity
or development.
[f]
The location of the floodplain boundary line, information
and spot elevations concerning the 100-year flood elevations, and
information concerning the flow of water, including direction and
velocities.
[g]
The location of all proposed buildings, structures,
utilities and any other improvements.
[h]
Any other information which the Borough Zoning
and Codes Officer considers necessary for adequate review of the application.
(d)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at least a one inch/50 feet scale, showing
the following:
1)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections and exterior building elevations,
as appropriate.
2)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor.
3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a 100-year
flood.
4)
Detailed information concerning any proposed floodproofing measures.
5)
Cross-section drawings for all proposed streets, drives, other
accessways and parking areas, showing all rights-of-way and pavement
widths.
6)
Profile drawings for all proposed streets, drives and vehicular
accessways, including existing and proposed grades.
7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems and any other utilities and facilities.
(e)
The following certifications and documentation shall also be
provided for such uses by special exception:
1)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he/she represents.
2)
Certification from a registered professional engineer, architect
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the 100-year flood.
3)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person, which contains
a complete and accurate description of the nature and extent of pollution
that could occur from the development during the course of a 100-year
flood, including a statement concerning the effects such pollution
may have on human life.
4)
A statement, certified by a registered professional engineer,
architect or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on 100-year
flood elevations and flows.
5)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
6)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Westmoreland County Conservation District
and the Department of Environmental Protection to implement and maintain
soil erosion and sedimentation control.
7)
Any other applicable permits, such as, but not limited to, a
permit for any land disturbance activity (NPDES permit) regulated
by the Department of Environmental Protection.
8)
An evacuation plan which describes the manner in which the site
will be safely evacuated before or during the course of a 100-year
flood.
[Ord. 85-119, 8/22/1985, § 3.11; as amended by Ord. 97-173, 2/6/1997; and by Ord.
No. 2007-219, 7/19/2007]
1.
All mobile or manufactured homes shall comply with the following:
A.
Homes shall be constructed of approved materials and bear the certification
seal of the National Manufactured Housing Construction and Safety
Standards Act of 1974.
B.
All homes must be properly anchored to resist flotation, collapse,
or lateral movement as prescribed by FEMA requirements or in the alternative,
be placed on a permanent foundation.
C.
All homes must be completely enclosed or skirted to grade.
[Ord. No. 2007-219, 7/19/2007]
1.
Applicability. To assure that no major traffic-generating developments
are constructed without benefit of a traffic study, such studies shall
be conducted for all nonresidential developments on parcels of two
or more acres anticipated to generate 20 or more p.m. peak hour trips,
or a 30% increase in existing building coverage, in any business,
industrial or transportation districts, and all residential developments
of 10 or more single-family dwellings or 16 or more multifamily dwellings
in any agricultural, residential or village districts.
2.
Study Requirements.
A.
Inventory. The study shall examine the Borough's street and highway
network and make a preliminary determination as to the streets and
intersections likely to be affected by the proposed development. For
purposes of this finding, the expected addition of as many as 20 vehicles
per hour traveling in any direction along the affected street or approach
to an intersection during either the a.m. or p.m. peak hour shall
be deemed to be a significant effect. For these significantly affected
streets and roadways, an inventory of pavement widths and conditions,
travel speeds, traffic flow composition, twenty-four-hour traffic
flows along the streets and a.m. and p.m. peak street traffic hour
period (two hours each) turning movement counts at the intersections
shall be obtained. The physical inventory data shall include locations
and lengths of restricted sight distances, restricted lateral clearances,
traffic and parking regulatory controls and pertinent observations
concerning traffic operating conditions. Traffic flow data shall be
adjusted to represent the expected flow on an average annual day through
application of appropriate PennDOT adjustment factors.
B.
The most current available three-year history of accidents as filed
with the Police Department shall be obtained for each affected intersection.
Collision diagrams shall be prepared for any high-accident location
(five or more per year) along the affected street system.
3.
Traffic Flow Analyses.
A.
For each study intersection, a level-of-service capacity study, using
the techniques for signalized or unsignalized intersections as described
in the current edition of the Transportation Research Board's Highway
Capacity Manual, shall be completed. For these purposes, intersections
shall be treated as if they are signalized with an optimum timing
plan.
B.
Any section of the affected street system which is carrying 300 or
more vehicles per hour on a two-lane section also shall be subjected
to the appropriate capacity study.
C.
The presentation of the findings of these studies shall include findings
on what improvements, if any, are indicated as being needed under
existing conditions, and their relationship to the improvements and
priorities described in New Stanton Borough zoning, subdivision and
land development regulations. These findings shall include an examination
of the volume and accident warrants for signalization in the manual
on uniform traffic control devices, as they may apply to any of the
unsignalized study intersections which have need for immediate signalization.
4.
Trip Generation.
A.
The expected number of trips to be generated by the proposed development
shall be estimated for the a.m. and p.m. peak hours and for a twenty-four
hour period by use of the appropriate trip generation factors in the
current edition of Trip Generation, published by the Institute of
Transportation Engineers. The expected numbers of vehicles to be generated
to and from the site may be adjusted downward by the estimated proportion
of passersby in the existing flow which will be intercepted by the
new development. This adjustment shall be reasonable and, wherever
possible, based on actual survey results.
B.
In similar fashion, for complex multiuse sites, the number of off-site
movements may be adjusted downward by estimating the synergistic absorption
of movements between different generators on-site. Again, this adjustment
shall be reasonable and defendable.
5.
Trip Distribution.
A.
The expected distribution of the generated movements throughout the
defined study area shall be estimated for the a.m. and p.m. peak hours
and for a twenty-four-hour period. This distribution shall be based
on the best available information as to the likely movement directions
to and from the site. The directional distribution and magnitudes
of existing traffic flows may be employed for this purpose as well
as origin and destination data for the area which can be obtained
from the Southwestern Pennsylvania Commission (SPC).
B.
The distributed flows shall be added to the existing volumes and
turning movements for the a.m. and p.m. peak hour and for a twenty-four-hour
period. These shall then be the estimated flows which are expected
to prevail upon completion of the development.
6.
Staged Development.
A.
For projects which will take several years to complete, the projected
overall development plan shall be presented, and specific portions
for which permits are sought shall be sufficiently detailed to make
the above-described studies. The timetable for completion of each
section for which permits are sought shall be specified and the study
shall be broken into phases in accordance with this schedule.
B.
The trips for the first section shall be added to the existing flows
for a current year estimate and the trips for subsequent sections
shall be added to the estimated volumes expected on the street system
for each appropriate year, plus the generated trips added for each
prior section. It is to be noted that this procedure covers only those
sections for which permits are being sought and does not constitute
any obligation or assurance concerning future sections of the development
on the part of New Stanton Borough or the developer.
7.
Adjustment of Study Area. If the above studies shall disclose that
there are parts of the street system or intersection approaches beyond
those originally examined which will be affected in either peak hour
or to the extent of 20 or more added vehicles, the study area shall
be extended and necessary inventory data gathered to incorporate them
into the study process. Conversely, if any are found to fall below
that threshold, they may be dropped from further consideration.
8.
Impact Analyses.
A.
For each established study location, appropriate level-of-service
capacity studies shall be made to ascertain the expected impact on
the traffic flow. If the expected level of service is "D" or less,
appropriate corrective measures shall be identified and described.
If the prescribed corrective measures are already identified in the
New Stanton Borough zoning or subdivision and land development regulations,
that fact shall be noted. If the expected level-of-service has changed
from "D" to "E" or "F" as a result of the added traffic, that fact
shall also be noted.
B.
For each identified high-hazard location, and for each study intersection
with five or more accidents per year, studies shall be presented of
the extent to which these may be due to existing physical or control
conditions and the extent to which the added traffic may exacerbate
the condition. Appropriate corrective measures, along with their relationship
to the minimum levels of service established by New Stanton Borough,
shall be identified and described.
C.
If the developer desires to volunteer to undertake any of the identified
corrective measures at his cost in the interest of timely completion
in respect to his project, they should be identified in the impact
report.
9.
Site Access.
A.
The location and design details of all proposed site access points
shall be presented along with estimates of expected peak hour entrance
and exit flows and turning movements. Sight distances along the access
streets at the access points shall be stated and any proposed modifications
or controls of the access street which the developer proposed to build
or install shall be described. An analysis of the expected level of
hazard which may exist at the access points when in operation shall
be presented.
B.
In the case of multistage, multiyear projects, the overall development
project shall identify the anticipated final access point layout,
but only those access points being provided to handle the development
traffic for those sections which permits are requested need be subjected
to this detailed analysis.
10.
Study Presentation. Six copies of the completed traffic study shall
be submitted at the time applications for approvals are filed. The
professional person(s) responsible for the content of the report shall
be available to present and defend the report at subsequent technical
review meetings and formal hearings.
[Ord. No. 2007-219, 7/19/2007]
1.
No person shall conduct or allow to be conducted any temporary outdoor activity as defined in Part 1 (including those specifically listed herein) without first obtaining a temporary use permit therefor, where required, in compliance with the terms of this Part.
2.
A signed application on a form furnished by the municipality shall
be filed with the Zoning and Codes Officer 10 working days prior to
the commencement of the temporary outdoor activity.
3.
All temporary outdoor activities shall require review and approval
by the Zoning and Codes Officer and issuance of a temporary use permit,
including the following:
A.
Seasonal sale of produce whether from a portable stand or sectional
display unit wherein items are displayed;
B.
The sale of trees or shrubbery for seasonal events;
C.
The periodic sale of crafts such as leather goods, furniture or art
from a vehicle;
D.
The sale of special event T-shirts, clothing items, or sports related
items from a vehicle;
E.
Sidewalk sales and other similar activities, which shall be permitted
only in commercially zoned areas and only for a maximum of seven consecutive
days, limited to three per year;
G.
Carnivals;
H.
Circuses;
I.
Assemblies;
J.
Marathons, bicycle races or road rallies;
K.
Antique car shows; or
L.
Still or motion pictures made by any analog or digital recording
devices.
4.
Conditions for All Temporary Use Permits:
A.
All temporary uses shall be compatible with other uses permitted
in the zoning district in which the use is proposed. Multifamily yard
sales in residential zoning districts shall be considered compatible
only when the activity is conducted so as to minimize its impact on
surrounding properties.
B.
The temporary use shall not involve the construction or alteration
of any permanent structure.
C.
If the use involves the construction or placement of a temporary
structure, the structure shall be removed within 48 hours of the expiration
of the designated time period for the approved temporary use or upon
the completion of the construction project for which it is erected.
D.
The temporary use shall not involve the creation of any nuisance
to adjoining properties or public or private roads, including excessive
noise, odors, glare or vibrations. Items which will be considered
in making this determination will be: projected hours of operations;
volume of traffic; available parking, projected traffic patterns;
and type of activity.
E.
No person shall, in order to promote the sale or promotion of any
goods, wares, merchandise or services, or in connection with any trade
or business, operate from any premises, building, and vehicle or on
any street any horn, bell, chimes, loudspeaker or any other sound
device. No applicant shall permit the following on the permitted premises:
5.
Except for sidewalk sales and temporary structures and construction
trailers, the temporary use permit shall be issued for a period of
21 days. Any temporary use permit may contain conditions which the
Zoning and Codes Officer may deem necessary to minimize inconvenience
to the public. Such conditions may include, but are not limited to,
the hours during which the temporary outdoor activity may operate
and the duration of said activity and traffic safety measures. Further,
the Zoning and Codes Officer may require the applicant to make arrangements
with the Police Department of the municipality for traffic and crowd
control. All costs for said control measures shall be borne entirely
by the applicant. Violation of the conditions of the permit shall
render the permit null and void, constitute a violation of this Part
and subject the applicant to the penalties provided for in this chapter.
6.
Upon application, the Zoning and Codes Officer may renew and extend
the permit for a period of not more than seven days. One temporary
use permit and one renewal may be issued in any one twelve-month period,
except as otherwise specified. No extension is permitted for a sidewalk
sale. The permit shall be maintained on the property where the subject
temporary outdoor activity is conducted at all times and shall be
available on demand for inspection and review by any municipal official,
representative or employee.
7.
Temporary Structures and Construction Trailers. The Zoning and Codes
Officer shall issue a temporary use permit for occupancy of temporary
structures only when they are incidental to permitted nonresidential
uses, such as outdoor display or sales areas, or construction trailers,
sales offices or other temporary business offices to be maintained
during construction of any permanent structure or structures for which
a zoning/building permit has been issued, provided that all of the
following requirements have been met:
A.
Temporary use permits for temporary structures as herein defined
shall be granted for a period of not to exceed 12 months.
B.
The temporary use permit for temporary structures shall be canceled
upon written notice by the Zoning and Codes Officer or a designated
agent of New Stanton Borough, if construction of the permanent structure
is not diligently pursued or if the existing use is discontinued.
C.
All temporary structures shall be located at least 18 feet from any
property lines.
D.
All temporary structures which are proposed to be accessible to the
public shall be located at least 100 feet from any construction entrance
or from the foundation of any structures which is under construction.
E.
Vehicular access to all temporary structures which are proposed to
be accessible to the public shall be designed to ensure pedestrian
safety.
[Ord. No. 2007-219, 7/19/2007]
1.
Compliance.
[Amended by Ord. No. 2012-241, 12/7/2012]
A.
No use, land or structure in any district shall involve any element
or cause any condition that may be dangerous, injurious or noxious,
or cause offensive odor, smoke, dust, dirt, noise, vibration, glare,
excessive traffic, attract vermin or rodents or constitute a nuisance
or be a detriment to the health, safety, moral or general welfare
of the community or to any other person or property in the Borough.
All uses in all districts shall be subject to the following standards
of operation.
B.
In cases where the Borough determines that compliance cannot be adequately
determined from the information submitted by the applicant or issues
develop over the need for or the adequacy of compliance, the Borough
may require evaluation and report by a qualified consultant. In such
instance, the Borough shall advise the applicant of the Borough's
needs and first offer the applicant to address the Borough's issues
by an evaluation and report from a qualified consultant. In the alternative
the applicant shall authorized the Borough to select and engage such
consultant. In either case, the cost and expenses for such services
shall be borne by the applicant.
2.
Environmental Performance Standards. The developer shall determine
the presence of environmental or natural features on any site proposed
for land development and shall meet the following standards for environmental
protection. Site alterations, erosion and sedimentation control, regrading,
filling, the clearing of vegetation or timbering and forestry activities
without an appropriate and current permit prior to approval of the
plans for development shall be a violation of this Part.
A.
Floodway Delineation. One-hundred-year floodways shall be delineated
as per the provisions of the current Borough ordinance. Within the
floodway, the following uses and activities having a low flood damage
potential and not obstructing flood flows shall be permitted, provided
that they are in compliance with the provisions of the underlying
district and are not prohibited by any other ordinance, and do not
require structures, fill or storage of materials and equipment:
B.
Floodplains. For the purpose of this section, normally dry land area
adjacent to stream channels that is susceptible to being inundated
by overbank stream flows. Development activities shall be regulated
as per the provisions of the current Borough ordinance.
C.
Steep Slopes. In areas of steep slopes, i.e., those above 15%, the
following standards shall apply, except as approved by the Borough
Engineer:
D.
Forest. No more than 50% of any forest as defined may be cleared
or developed, unless trees are the primary crop being harvested.
E.
Ponds, Watercourses or Wetlands. No development, filling, piping
or diverting shall be permitted except for required roads and utility
line extensions, unless permitted by the appropriate state, county
or regulatory agency.
F.
Stormwater Drainage and Management. All plans shall comply with the provisions of Borough Ordinance No. 196 (2002), plus all applicable provisions of Chapter 22, Subdivision and Land Development, and all amendments thereto.
G.
Soil Erosion and Sedimentation. With any earth disturbance, there
shall be control of erosion and the protection of streams and ponds
from sedimentation in accordance with the "Clean Streams Law,"[1] P.L. 1987, Chapter 102 of Title 25 of the Pennsylvania
Code, and the "Soil Erosion and Sedimentation Control Manual" of the
Pennsylvania Department of Environmental Protection. In addition,
a soil erosion and sediment control plan (ES and SC plan) shall be
required as part of the application for any Borough permit where earth
disturbance or excavation will occur. As a minimum, where sediment
can be transported away from the disturbed area, a silt fence or straw
bale barrier shall be erected and maintained in working order until
vegetation is fully established as determined by the Pennsylvania
Department of Environmental Protection, or erosion-resistant ground
cover has been installed. Additional sediment pollution control measures
may be required where land development is more extensive than single-family
construction.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
3.
Odor. Those standards for the control of odorous emissions established
by the Pennsylvania Department of Environmental Protection (PADEP)
shall be applied in all zoning districts. Where an odor is deemed
offensive, a duly authorized Borough representative shall refer the
matter to the Pennsylvania Department of Environmental Protection
(PADEP) where it has jurisdiction relative to an established airshed.
4.
Storage and Waste Disposal.
A.
No highly flammable, explosive or toxic liquids, solids or gases
shall be stored in bulk (over 500 gallons), above the ground, except
in an enclosed building and except new tanks or drums of fuel connected
directly with energy devices or heating appliances located and operated
on the same lot as the tanks or drums of fuel.
B.
All new permanent bulk outdoor storage facilities for fuel over 500
gallons, raw materials and products and all fuel, raw materials and
products stored outdoors shall be enclosed by an approved safety fence.
C.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transported off the lot by natural causes
or forces; nor shall any substance which can contaminate wells, watercourses,
or potable water supplies otherwise render such wells, watercourses,
or potable water supplies undesirable as sources of water supply or
recreation; nor shall any substance which will destroy aquatic life
be allowed to enter any wells, watercourses, or potable water supplies,
where applicable. A Pennsylvania Department of Environmental Protection
approved plan for spill containment shall be submitted to the Borough
for review by the Borough Engineer prior to the issuance of any required
permit.
D.
Any materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers adequate to eliminate such hazards.
5.
Air Pollution. No emission at any point from any chimney or otherwise
of visible smoke in excess of that permitted by the air pollution
control regulations of the commonwealth agency with jurisdiction shall
be permitted.
6.
Dust, Fumes, Vapors, and Gases. The emission of dust, dirt, fly ash,
fumes, vapors or gases which can cause any damage to human health,
to animals, to vegetation, or to property or which can cause any soiling
or staining of persons or property at any point beyond the lot line
of the use creating the emission is herewith prohibited.
7.
Glare and Outdoor Lighting.
[Amended by Ord. No. 2012-241, 12/7/2012]
A.
No use shall produce a strong, dazzling light or a reflection of
a strong, dazzling light or employ unshielded illumination sources
beyond its lot lines or onto any public road. Spillover lighting from
parking areas shall not exceed two footcandles per square foot beyond
the property line.
B.
All exterior light fixtures, except lighting for residential and
agricultural uses and streetlighting and associated traffic safety
devices provided by a public utility or governmental entity within
a public right-of-way, shall comply with the following standards:
(1)
Outdoor luminaire design.
(a)
For lighting horizontal tasks, such as private drives, sidewalks,
entrances and parking areas, full cutoff luminaries shall be used.
(b)
Luminaries shall be equipped with 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.
(c)
Light fixtures, including mounting base, shall not exceed 35
feet in height above finished grade.
(2)
Glare control.
(a)
Glare control shall be accomplished primarily through the proper
selection and application of lighting equipment. Only after those
means have been exhausted shall vegetation, fences or similar methods
be considered acceptable for reducing glare.
(b)
Neither the direct nor reflected light from any exterior lighting
fixture shall create a disabling glare that would be a potential traffic
hazard for motor vehicles on public roads.
(c)
No exterior lighting fixture shall have any blinking, flashing
or fluttering lights or other illuminating devices which have a changing
light intensity, brightness or color. Deliberately induced sky-reflected
glare, caused by the use of searchlights, beacon light or laser source
lights for advertising or entertainment purposes, is prohibited.
(d)
The Zoning Officer may require that lighting be controlled by
automatic timing devices to extinguish light sources during specific
periods to mitigate the adverse consequences of light pollution when
such action is necessary to protect adjacent properties and uses.
8.
Vibrations. No use shall cause earth vibrations, or concussions detectable
beyond its lot lines without the aid of instruments, with the exception
of vibration produced as a result of temporary construction activity.
9.
Discharge. No discharge at any point into any private sewage disposal
system or stream or into the ground of any materials in such a way
or in such manner or temperature as can contaminate any public or
private water supply or otherwise cause the emission of dangerous,
noxious or objectionable elements, or the accumulation of solid wastes
conducive to the breeding of rodents or insects is permitted.
10.
Heat, Cold, Dampness or Movement of Air. No activities producing
heat, cold, dampness or movement of air are permitted which shall
produce any material effect on the temperature, motion or humidity
of the atmosphere at the lot line or beyond.
11.
Noise. No new use proposed in any district which by the nature of
its use, operation or activity produces noise of objectionable character
or volume as noted by a person of ordinary and reasonable sensibilities
at the property line of the parcel upon which the offending use is
located will be permitted. The following standards shall apply in
each district for any use in the district unless standards are established
for subcategories of uses, in which case such subcategory standards
shall apply:
[Amended by Ord. No. 2012-241, 12/7/2012]
A.
Steady-state noise emanated from stationary, portable or mobile equipment,
processes or facilities. Steady-state noise emanating from any equipment
or sources onto adjacent real properties or to a receiving property
within any district within the Borough, which will persist during
indefinite or periodic intervals of time of two hours or more in a
calendar day, or for a period of one hour during two or more days
in any seven consecutive days period, shall not exceed the maximum
noise levels set forth below:
(1)
Maximum noise level 7:00 a.m. to 10:00 p.m.: 60 dBA.
(2)
Maximum noise level 10:00 p.m. to 7:00 a.m.: 60 dBA. In addition,
if steady-state noise emanating from any equipment or sources onto
adjacent real properties or to a receiving property within any district
within the Borough exceeds 90 dBA for any period of 15 minutes or
more, but less than the time frames set forth above, then the applicant
or occupant shall install and maintain suitable noise baffles to reduce
such noise levels to meet the above standards in order to protect
the adjacent properties or receiving properties from such noise.
(a)
No person shall cause or permit any steady-state sound to emanate
from a source property which exceeds the levels set forth in this
section when measured at the following locations:
(c)
The use of residential maintenance equipment, including, but
not limited to, power mowers, on a temporary basis in residentially
zoned districts shall be exempt from the standards in this section.
B.
Sound measurements made to determine compliance with the conditions
and standards of these sections shall be made using a sound level
meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications
S1, 4-1971, or more current specifications.
12.
Electrical Disturbance or Radioactivity. No activities which emit
dangerous radioactivity or continuous, cumulative, low-level radiation
at any point are permitted, and no electrical disturbance adversely
affecting the operation at any point of any equipment other than that
of the creator of such disturbance shall be permitted.
13.
Maintenance of Yards and Property. The owner or lessee of any property
located near or adjacent to any developed property or area shall maintain
such property so that:
[Amended by Ord. No. 2012-241, 12/7/2012]
A.
All portions of the property shall be kept free of junk, debris,
disabled motor vehicles, and dangerous or noxious material.
B.
Any material stored outside an enclosed structure being used for
commercial or industrial purposes, as an incidental part of the primary
operation, shall be screened by opaque ornamental fencing, walls or
evergreen plant material in order to minimize visibility if the storage
area is readily visible from adjoining properties not owned by the
user. Materials shall not be deemed to include operable vehicles.
C.
The required screen shall have a height adequate to achieve its purpose.
Plant materials used for screening shall consist of dense evergreen
plants. They shall be of a kind or used in such a manner so as to
provide a continuous opaque screen within 24 months after commencement
of operations in the area to be screened. The Borough Council shall
require that either new planting or alternative screening be provided
if, after 24 months, the plant materials do not provide an opaque
screen.
D.
Landscaping in commercial and industrial districts adjacent to public
rights-of-way shall meet the following requirements:
(1)
Any part or portion of a site that is being occupied and that
is not used for buildings, loading or parking spaces and aisles, sidewalks
and designated storage areas shall be planted with an all-season ground
cover and shall be landscaped with trees and shrubs in accordance
with an overall landscape plan. A replacement program for nonsurviving
plants shall be included.
(2)
Any single parking area with 25 or more spaces shall utilize
at least 5% of its area in landscaping.
14.
Vehicle and Equipment Maintenance.
A.
In industrial and commercially zoned areas, all vehicles and movable
equipment repair done on the property shall be performed within an
enclosed building, except that minor maintenance activities may be
completed on the exterior of a lot where space has been provided for
the temporary parking or storage of vehicles and movable equipment.
B.
In residentially zoned areas, minor vehicle maintenance activities
on vehicles owned by the occupant may be conducted in driveways, but
in no case shall repairs be made on vehicles and movable equipment
which would result in the storage of said vehicles or movable equipment
on the exterior of the lot for more than 48 hours, unless said vehicles
are stored in an enclosed building.
15.
Water Supply. All new water wells which provide the primary source
of potable water for the residence of the same lot shall produce at
a minimum 3.5 gallons per minute, per well, continuously.
A.
Documentation shall be submitted to the Borough which verifies the
capacity of each new well providing the primary source of potable
water.
B.
No subdivision or land development which relies on well water as
the primary source of potable water shall be approved unless the minimum
capacity identified herein is met.
16.
Access. Residential subdivisions or land development with a maximum
of 60 dwelling units proposed may be provided with only one primary
point of access. When 61 or more dwelling units are proposed, the
subdivision or land development shall be provided with two points
of access to public rights-of-way.
17.
Design review requirement.
[Added by Ord. No. 2012-241, 12/7/2012]
A.
All zoning applications for development, improvement or modification
of sites in business or industrial zoning districts or involving an
industrial use regardless of zoning district shall be submitted to
the Borough Planning Commission for design review prior to approval
by the Zoning Officer (uses by right), Borough Council (conditional
uses) or the Zoning Hearing Board (special exceptions).
B.
Zoning applications shall include data and drawings in sufficient
detail for evaluation and review of:
(1)
Site location and physical characteristics.
(2)
Building locations: on-site and adjacent thereto.
(3)
Structure design and related amenities.
(4)
Accessory uses: storage, structures and parking.
(5)
Site access and adjacent traffic considerations.
(6)
On-site circulation.
(7)
Landscaping plan.
(8)
Drainage, utility and other support requirements.
(9)
Initial and projected use potential.
(10)
Any additional data deemed appropriate and necessary by the
Planning Commission to evaluate the proposed development.
(12)
Outdoor lighting plan.
[Ord. No. 85-119, 8/22/1985; as added by Ord. No. 86-126, 12/1/1986, § 2; as amended by Ord. No. 97-173, 2/6/1997; Ord. No. 2007-219, 7/19/2007; and by Ord. No. 2012-241, 12/7/2012]
1.
Subject to the provisions set forth in this amending section, oil
and gas operations shall be permitted as a conditional use in the
following zoning districts in the Borough: The RA District; R-1 District,
R-2 District, B-1 District, L-1 District and the L-2 District. The
following provisions and procedures shall be applicable to oil and
gas operations and related uses and activities in addition to the
requirements set forth elsewhere in this section:
A.
Review of Applications.
(1)
An application for oil and gas operations shall include the
following information and submittals:
(a)
The name and address of the applicant. [The applicant must qualify
as such under the terms and definitions of the Pennsylvania Municipalities
Planning Code (MPC).[1]] Under the MPC, an "applicant" is a landowner or developer,
as defined in the MPC, who has filed an application for development
including his heirs, successors and assigns. "Landowner" is defined
in the MPC as the legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he/she
is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land. A "developer"
is defined in the MPC as any landowner, agent of such landowner, or
tenant with the permission of such landowner, who makes or causes
to be made a subdivision of land or a land development. The applicant
shall submit with the application a copy of the document or documents
which establish that the applicant qualifies as such.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(b)
A copy of the well permit applied for and/or issued by the PADEP
for the well and/or oil and gas operations, including a copy of the
plat(s) submitted to PADEP in conjunction with such permit application.
(c)
The names and addresses of all surface owners of the property
which is the subject of the application.
(d)
The names and addresses of all residents of any building on
the subject property.
(e)
The names and addresses of all businesses operated in any building
on the subject property.
(f)
A description and location of any and all oil and gas operations
to be performed or undertaken on the subject property, whether temporary
or permanent, with estimated time frames for each activity.
(h)
When determined and required by the Borough as necessary to
conduct and review the application, a plat, prepared by and under
seal of a surveyor registered and licensed in the Commonwealth of
Pennsylvania, showing all current features and structures of and on
the subject property.
(2)
All fully completed and submitted applications for permitted
uses related to oil and gas operations shall be reviewed by the appropriate
officials and consultants of the Borough within 30 days of the completed
submission.
(3)
All fully completed and submitted applications for conditional
uses related to oil and gas operations shall be reviewed by the appropriate
officials, consultants, Planning Commission and Borough Council of
the Borough within 60 days of the completed submission.
B.
Prohibited activities.
(1)
The following types of oil and gas operations shall be prohibited
in the following Zoning Districts: V-1 District, B-2 Neighborhood
Business District and T-1 Transportation District:
(a)
Well location assessment, including seismic operations, well
site preparation, construction, drilling, hydraulic fracturing and
site restoration associated with an oil or gas well of any depth;
(b)
Water and other fluid storage or impoundment areas used exclusively
for oil and gas operations;
C.
Emergency Preparedness and Emergency Response Information.
(1)
Unconventional Wells. The operator of any unconventional well,
at time of application for a permit or a conditional use, shall provide
proof to the Borough that the operator has complied with or shall
comply with the requirements of 35 Pa.C.S.A. § 7321 and
the regulations adopted by the Pennsylvania Emergency Management Agency
and the Department of Environmental Protection pursuant to the authority
of 35 Pa.C.S.A. § 7321.
(2)
Conventional Wells. As part of a permit application or an application
for a conditional use, the applicant shall provide to the Borough
the emergency response information set forth herein and an emergency
preparedness and public safety plan. The emergency response information
shall contain all of the following:
(a)
A GPS coordinate address for each well, including an address
at both the access road entrance and the well pad site.
(b)
The name, address and phone number, including emergency twenty-four-hour
phone number, for the operator of the well.
(c)
An as-built plan for the property and features and facilities
on the well site, including detention ponds, retention ponds, waterlines,
gas lines and access roads.
(d)
File an emergency response plan with the Borough and the Westmoreland
County Emergency Management Organization which will provide, at a
minimum, a first responder's plan for potential emergencies, including
but not limited to explosions, fires, leaks, releases, ruptures and
geological activities.
(e)
In addition to the above, provide specific emergency preparedness
plans which are unique and particular to the site and operations.
(f)
Post a permanent, weatherproof, reflective sign at the entrance
road to each well site setting forth the specific address of that
site, the GPS coordinates for the site and the emergency contact phone
number for the operator.
D.
Equipment. Equipment directly associated with oil and gas operations,
pipelines, access roads and security features shall be permitted to
be located and used if:
(1)
It is necessary and directly associated with such oil and gas
activities.
(2)
It is located at or immediately adjacent to the oil and gas
operation sites or activities.
(3)
The activities are authorized and permitted by a state and federal
agency. The person using or intending to use such equipment shall
provide written proof of the applicable state and or federal permits
authorizing and permitting such activities.
E.
Floodplain. A gas well or gas well pad (site) shall not be built or located in a floodplain if the well pad (site) will contain a pit or impoundment for drilling wastes. Wells and well pads (sites) may be built and located in a floodplain if the wastes from such activities will be stored in tanks that are not located within the floodway section of the floodplain so long as said tanks comply with the requirements of Chapter 8, Floodplain Management.
F.
Uses Related to Oil and Gas Operations.
(1)
This chapter of the Code of Ordinances of the Borough of New
Stanton) is hereby amended and supplemented to authorize, as set forth
in this amending section, to the extent so provided and as required
and subject to the limitations, restrictions and prohibitions established
by the lawful provisions of Act 13 of 2012, the following uses, activities
and occupancies related to oil and gas operations in the zoning districts
of the Borough heretofore set forth in this amending section:
(a)
Oil and Gas Operations and Residential Districts.
1)
Natural gas compressor stations are not authorized to be constructed,
installed, located, occupied, or utilized in any residential zoning
districts.
2)
Natural gas processing plants are not authorized to be constructed,
installed, located, occupied, or utilized in any residential zoning
districts.
3)
Impoundment areas are not authorized to be constructed, installed,
located, occupied, or utilized in any residential zoning district.
4)
Wells and well sites are not authorized to be constructed, installed,
located, occupied, or utilized in any residential zoning districts
if the well site cannot be placed so that the wellhead is at least
500 feet from any existing building.
5)
Wells and well sites may be authorized to be constructed, installed,
located, occupied, or utilized in any residential zoning districts
as a conditional use if the well site is placed so that the wellhead
is at least 500 feet from any existing building and all of the following
are met:
[a]
The use and occupancy is approved by the Borough
Council as a conditional use and complies with all of the general
requirements for a conditional use; and
[b]
The outer edge of the well pad is 300 feet or more
from an existing building; and
[c]
All oil and gas operations (excluding impoundment
areas, natural gas compressor stations and natural gas processing
plants), other than the placement, use and repair of oil and gas pipelines,
water pipelines, access roads and security facilities, do not take
place within 300 feet of an existing building.
(b)
Impoundment Areas in Zoning Districts other than Residential
Districts. Impoundment areas shall be authorized as a conditional
use in any zoning district so identified elsewhere in this amending
section, other than a residential zoning district, if the edge of
the impoundment area is located at least 300 feet from an existing
building.
(c)
Natural Gas Compressor Stations in Agricultural and Industrial
Zoning Districts. Nature gas compressor stations shall be a conditional
use in the RA Zoning District and the LI-1 and LI-2 Industrial Zoning
Districts if the natural gas compressor building meets the following
standards:
1)
The natural gas compressor building is located 750 feet or more
from the nearest existing building or 200 feet from the nearest lot
line, whichever is greater, unless waived by the owner of the building
and adjacent lot; and
2)
The noise emanating from the site does not exceed a noise standard
of 60 dBa at the nearest property line or the applicable standard
imposed by federal law, whichever is less.
(d)
Natural Gas Compressor Stations in Other Zoning Districts Other
Than Residential, Agricultural and Industrial Zoning Districts. Natural
gas compressor stations shall not be authorized as a conditional use
or otherwise in any other zoning districts.
(e)
Natural Gas Processing Plants in Industrial Zoning Districts.
Nature gas processing plants shall be a conditional use in the LI-1
and LI-2 Industrial Zoning Districts if the natural gas compressor
building meets the following standards:
1)
The natural gas processing plant building is located 750 feet
or more from the nearest existing building or 200 feet from the nearest
lot line, whichever is greater, unless waived by the owner of the
building and adjacent lot; and
2)
The noise emanating from the site does not exceed a noise standard
of 60 dBa at the nearest property line or the applicable standard
imposed by federal law, whichever is less.
(f)
Natural Gas Processing Plants in Other Zoning Districts. Natural
gas processing plants are not authorized to be constructed, installed,
located, occupied, or utilized in any other zoning districts in the
Borough.
(g)
Except as modified by this amending section, oil and gas operations
shall be subject to, in addition to use regulations, the applicable
zoning district regulations of yard, frontage, setbacks, lot size
and area, lot width, net building area, site capacity calculations,
natural resource protection standards, provisions for off-street parking
and loading, floodplain standards, all overlay district regulations,
and to such other provisions as are specified in other provisions
of this section and this chapter.
1)
Where another use exists or is proposed for a parcel in addition
to oil and gas operations, each use must meet the required minimum
net building area. Each well site shall be calculated based upon the
pad or well site area where the well and its attendant facilities
are located, as well as any pond, impoundment, reservoir or access
road areas.
3)
A conditional use approval for a well shall be valid for a period
of one year from the date of the approval. If drilling of a well has
not been initiated within one year after the conditional use approval,
the conditional use approval shall expire. An extension may be granted
by the Borough of New Stanton Borough Council for an additional period
of time, not to exceed a maximum of one year, upon written request
by the applicant filled prior to the expiration of the original one-year
period, subject to the finding that the plan is in compliance with
all applicable provisions and requirements.
4)
Minimum lot size for oil and gas operations involving a well
site.
5)
All well site structures, equipment and operations within 200
feet of a residential structure or a place of public assembly shall
be fully screened from off-site view from such residential structure
or place of assembly. Methods of screening may include, but are not
limited to, any of the following methods, either individually or in
combination:
[a]
Existing or planted screening consisting of trees,
shrubs and other vegetation as well as topography, if sufficient proof
of the same is presented to the Council as part of the conditional
use process.
[b]
Fencing if sufficient proof of the same is presented
to the Council as part of the conditional use process.
6)
Unless other times and days are approved by the Council as a
condition of the grant of a conditional use, the hours of activity
for the siting, drilling, stimulating, inspection, servicing, completion
or alteration of the well and its site shall be limited to Monday
through Saturday, 7:00 a.m. to 7:00 p.m., except for emergencies.
7)
Noise.
[a]
The operator shall take all possible precautions
and measures to minimize the level and duration of noise created by
the oil and gas operations, including without limitation maximum muffling
of generators and construction of noise dissipaters or earthen berms.
All oil and gas operations must comply with the provisions of this
subsection as well as the general requirements applicable to noise
in all zoning districts.
[i]
These noise standards shall also apply to any gas
compressors and to all equipment used for well siting, drilling, stimulation,
completion, alteration, production and other related oil and gas operations.
[ii]
Based upon special site characteristics, additional
noise measures may be required upon inspection and determination by
the Borough.
[iii]
When taking noise measurements to determine whether
additional noise mitigation measures are necessary, sound pressure
levels shall be measured under conditions that are representative
of the most demanding assumptions related to the specific site. Consideration
shall be given to (including but not limited to) the nature and proximity
of adjoining properties; time of day; prevailing weather patterns;
amount of vegetative cover on or adjacent to the property; and topography
of the site.
[iv]
If, based upon special site conditions and analysis,
additional noise measurements are necessary, one or more of the following
additional noise abatement measures, listed below in ascending order
of mitigation, shall be required:
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[A]
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Acoustically insulated housing, or covers enclosing any motor
or engine;
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[B]
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Screening the site or noise emitting equipment by fence or landscaping;
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[C]
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Solid wall or fence of acoustically insulating material surrounding
all or part of the facility.
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[b]
The general noise standards applicable in all districts
are as follows:
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Noise: No new use proposed in any district which by the nature
of its use, operation or activity produces noise of objectionable
character or volume as noted by a person of ordinary and reasonable
sensibilities at the property line of the parcel upon which the offending
use is located will be permitted. The following standards shall apply
in each district for any use in the district unless standards are
established for subcategories of uses, in which case such subcategory
standards shall apply:
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A.
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Steady-state noise emanated from stationary, portable or mobile
equipment, processes or facilities. Steady-state noise emanating from
any equipment or sources onto adjacent real properties or to a receiving
property within any district within the Borough which will persist
during indefinite or periodic intervals of time of two hours or more
in a calendar day, or for a period of one hour during two or more
days in any seven-consecutive-days period shall not exceed the maximum
noise levels set forth below:
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(a)
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Maximum noise level 7:00 a.m. to 10:00 p.m.: 60 dBA.
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(b)
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Maximum noise level 10:00 p.m. to 7:00 a.m.: 60 dBA.
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In addition, if steady-state noise emanating from any equipment
or sources onto adjacent real properties or to a receiving property
within any district within the Borough exceeds 90 dBA for any period
of 15 minutes or more, but less than the time frames set forth above,
then the applicant or occupant shall install and maintain suitable
noise baffles to reduce such noise levels to meet the above standards
in order to protect the adjacent properties or receiving properties
from such noise.
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1.
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No person shall cause or permit any steady-state sound to emanate
from a source property which exceeds the levels set forth in this
section when measured at the following locations:
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(a)
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Within 25 feet of any receiving residence, occupied structure
or building located in any district; or
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(b)
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At any point along the boundary line between the source property
and the receiving property in any residential or village districts.
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2.
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Maximum permissible noise levels at any time in any residential
district or village are:
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(a)
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Daytime (7:00 a.m. to 10:00 p.m.): 60 dBA.
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(b)
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Nighttime (10:00 p.m. to 7:00 a.m.): 60 dBA.
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3.
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The use of residential maintenance equipment, including, but
not limited to, power mowers, on a temporary basis, in residentially
zoned districts shall be exempt from the standards in this section.
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B.
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Sound measurements made to determine compliance with the conditions
and standards of these sections shall be made using a sound level
meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications
S1, 4-1971, or more current specifications.
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(2)
The operator shall be responsible to keep all public and private
rights-of-way which are used to enter or exit the well site substantially
free from mud, dirt and other debris. If any substantial amount of
mud, dirt or other debris is carried on to public or private rights-of-way
from the well site, the operator shall clean the roads at regular
intervals.
(3)
The applicant shall file, with its application for a conditional
use, all plans for:
(a)
The transportation and delivery of equipment, machinery, water,
chemicals, products, material and items to be utilized in the siting,
drilling, stimulating, completion, alteration and operation of the
well;
(b)
The storage, transportation and removal of gas, hydrocarbons,
fracturing fluids, waste products and other items from the well site;
and
(c)
Roads, streets, alleys, rights-of-way, easements or other property
interests to be utilized for the transportation, delivery and/or removal
of equipment, machinery, chemicals, products, gas, hydrocarbons, fracturing
fluids, water, waste products and other items to and/or from the well
site.
[Ord. No. 2007-219, 7/19/2007]
1.
General. Landscape and buffer yard standards are intended to provide
natural transition areas between developed lots, tracts and parcels.
The standards will facilitate this in the following ways:
A.
Buffer yard standards, requiring appropriate buffers between incompatible
land uses, will reduce negative impacts of more intense uses relative
to less intense adjacent uses.
B.
General landscape standards are intended to assist in the development
of more attractively landscaped outdoor spaces and provide for a greater
sense of continuity within individual developments and smoother transition
from one development to another.
C.
The parking lot landscaping requirements should result in more shade,
reduced glare and heat buildup, and less of the visual monotony created
by large expanses of pavement and large numbers of parked cars.
2.
Buffer Yards.
A.
Purpose. Buffer yards shall be required around the periphery of new
developments as indicated, in order to provide a physical separation
between different land uses and in order to eliminate or minimize
potential nuisances such as dirt, litter, noise, glare of lights,
signs, and unsightly buildings or parking areas, or to provide spacing
to reduce adverse impacts of noise, odor, or danger from fires or
explosions.
B.
Location of Buffer Yards. Buffer yards, where required, shall be
located along the outer perimeter of a lot, tract or parcel proposed
for development abutting the parcel boundary line and extending the
full length of the line except for vehicular entrances. Buffer yards
shall not be located on any portion of an existing or dedicated public
or private street or right-of-way, but may be situated, wholly or
in part, within a required yard.
C.
Buffer Yard Type. The type and extent of buffer yard plantings or
screening shall be a function of the degree of potential incompatibility
of the adjacent land uses as set forth herein. New developments in
New Stanton Borough shall provide one of the following buffer yards,
as specified in this section:
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Buffer Yard A: Minimum Buffer Yard Width 10 feet
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Buffer Yard B: Minimum Buffer Yard Width 15 feet
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Buffer Yard C: Minimum Buffer Yard Width 25 feet
.tif.png "027 Bufferyard C(top).tif")
.tif.png "027 Bufferyard C(bottom).tif")
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3.
Buffer Yard Width. Each buffer yard has four width options. As width
increases, the number of plantings per 100-foot length decreases by
a given factor referred to as the "plant unit multiplier." A plant
unit multiplier of one is used for the minimum width of each buffer
yard. The minimum width can be reduced, in certain instances, by using
berms or berm walls within the buffer yard as illustrated below.
4.
Buffer Yard Fences.
A.
Buffer yards may include the optional use of fences, berms, or berm
walls as part of the buffer yard requirement. The specifications for
the permitted fences, berms, and berm walls are as follows:
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B.
If a fence or wall has a decorative side, that side shall face the
public right-of-way, or in the case of a fence or wall separating
residential from business premises, the decorative side shall face
the residential property. It shall be the responsibility of the person
or corporation erecting the wall or fence and their successors and
assigns to maintain both sides of it in good repair for as long as
it is in place. All parts of a fence or wall including foundations
shall be entirely within the property on which it is located.
5.
Buffer Yard Maintenance. Buffer yards shall be maintained by the
owner of the property on which they are located. Destruction of 15%
of the plant material regardless of cause shall require the replacement
of such plantings by the owner.
6.
Buffer Yard Use. A buffer yard may be used for passive recreation
and may contain pedestrian or bike trails, provided that no plant
material is eliminated or, if eliminated, is replaced in close proximity
elsewhere in the buffer yard; the total width of the buffer yard is
maintained; and all other standards of this Part are met.
7.
Borough Landscaping Standards. In addition to the buffer yard landscaping
requirements set forth herein, the following general landscaping requirements
shall apply as indicated:
A.
Residential Landscaping Requirements. Residential landscaping is
an important element in the township's efforts to maintain and enhance
its rural and residential character. All residential developments
shall adhere to the following landscaping standards:
(1)
All residential lots shall be planted with a minimum of three
shade trees with a minimum caliper of 2 1/2 inches DBH. Any single-family
detached lot shall have at least two of the required shade trees located
in the front yard or, in the case of a corner lot, in the front yard
or the side yard facing the street. Existing trees, of equal or larger
DBH size, if properly preserved, will satisfy this requirement.
(2)
For any residential development containing attached dwellings
(townhouses) and/or multifamily dwelling buildings, one shade tree
with a minimum caliper of 2 1/2 inches diameter breast high (DBH)
shall be planted for each dwelling unit, one on each individual townhouse
lot if such lots are included in the development, or within the open
space area(s). Existing trees of at least 2 1/2 inches caliper
DBH and of a variety on the canopy tree list, if in good health, will
satisfy this requirement.
B.
Open Space Landscaping Requirements. Developments that include required
open space areas shall submit a landscaping plan as part of an application
for a zoning/building permit. This plan shall provide for landscaping
in the open space that defines space and circulation, provides shade,
provides natural wooded areas for passive recreation and environmental
needs, and provides screening for active recreation areas, parking
lots, and other incompatible uses from residences. The quantity of
trees allocated to common open space shall not have the effect of
eliminating the landscaping devoted to individual lots. Open space
areas within any development model shall adhere to the following minimum
landscaping standards:
(1)
Planting Requirements: Two shade trees with a minimum caliper
of 2 1/2 inches diameter breast high or three ornamental trees
or evergreen trees shall be planted for each dwelling unit in the
development within the open space area. Existing trees of equal or
greater caliper will, if in good health, satisfy this requirement.
(2)
Areas with no trees shall be seeded with grass or maintained
with ground cover.
(3)
Agricultural Use. While the open space is maintained in active
agricultural uses, the planting requirements are waived.
C.
Nonresidential Landscaping Requirements. In all institutional, commercial
and industrial developments: one shade tree with a minimum 2 1/2
inches caliper diameter breast high when planted for every 1,000 square
feet of gross floor area, fractions excluded. Existing trees of equal
or greater caliper, if in good health, will satisfy this requirement.
D.
General Requirements.
(1)
Hedges, Fences, Shrubbery, Dwarf Trees and Walls as Obstructions.
Hedges, fences, shrubbery, dwarf trees, or walls placed on a property
at the intersection of two public roads shall be placed on the property
so that the vision of drivers approaching the intersection on either
road is maximized. A triangular area whose sides are parallel to and
abut the intersecting streets shall be kept clear so that vehicles
approaching on either street are visible to one another.
(2)
Retaining Walls. Any wall at least four feet high above grade
on its exposed side, and intended to hold an earth embankment from
slipping, shall be considered a retaining wall. Such walls shall be
designed by a registered engineer and shall be capable of withstanding
soil pressures from behind as well as having foundations adequate
to avoid overturning, a drainage system to remove water collecting
behind the wall, and a barrier along the top of the wall to prevent
accidental falls. A retaining wall shall require a building permit
and shall not be closer than five feet from any property line. Retaining
walls shall not exceed five feet in height.
8.
Parking Lot Design/Landscaping.
A.
All new parking lots and all existing parking lots that are expanded
by 20 or more parking spaces or increased in area by 50%, after the
effective date of this chapter, shall comply with the following parking
lot landscaping requirements.
(1)
Perimeter Landscaping and Screening.
(a)
Parking lots shall be screened on the side directly adjacent
to an existing residential building or use with a landscaped buffer
so as to prevent direct views of parked vehicles from the residential
property, decrease the amount of spillover light, glare, noise, or
exhaust fumes onto adjacent residentially zoned or residentially occupied
properties, and meet the following requirements:
1)
Visual Screen. Required screening of any side of a parking lot
shall be by a minimum of a two-foot-six-inch-high, year-round screen,
fence, hedge, berm or wall. The height of any required screen, fence,
hedge, berm or wall shall decrease where driveways approach streets,
roads, sidewalks or walkways in order to provide adequate visibility
from motor vehicles of pedestrians and drivers of other vehicles,
and shall not interfere with clear the sight triangle requirements
of this chapter or any other ordinance of the Borough.
2)
Width. The visual screen shall be located on a minimum six-foot-wide
buffer yard.
3)
Required Plantings. Where plant material is used as a screen,
it shall include, at a minimum, canopy or ornamental trees planted
at every 30 feet on center with continuous evergreen shrubbery in
between.
4)
Fences, berms and walls shall be selected from the standards
in this section.
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(b)
Parking Lot Interior Landscaping. The interior of any parking
lot may be landscaped to provide shade and visual relief by installing
protected planting islands or peninsulas within the perimeter of the
parking lots.
(c)
Pedestrian crosswalks shall be provided where necessary and
appropriate.
(2)
Shrubs in or at the edge of the parking lot shall be a minimum
two feet six inches in height and shall provide a year-round screen
for paved areas and cars. Shrub varieties should either be evergreen
or, if deciduous, have a dense, twiggy growth for winter screening
and an attractive year-round appearance.
(3)
Plants (or other elements) that restrict visibility, such as
tall shrubs and low-branching trees, shall be avoided. Plant materials
at vehicular entrances shall be located so as to maintain safe sight
distances.
(4)
Plant varieties should be selected that are moderate- to slow-growing,
require little maintenance, and tolerate such conditions as sun, wind,
drought, glare, reflected heat, salt and chemicals, and small planting
spaces.
