Aldan City Zoning Code
ARTICLE V
Environmental Protection
§ 256-28 Environmental preservation required.
A.
All uses shall be developed in a manner consistent with the preservation of the quality of the existing environment and of any natural amenities present on the site.
B.
All uses shall provide for the preservation and the minimum destruction of natural drainage areas, minimum grading and destruction of the ground surface, the preservation of substantial stands of trees and forested areas and the preservation of attractive views and any other natural features existing on the site.
§ 256-29 Nuisances.
§ 256-30 Steep slopes.
A.
Intent. The intent of this section is to control the intensity of development on lands that are steeply sloped to avoid severe erosion and sedimentation problems, to avoid the construction of steep roads that are extremely difficult to maintain and keep free of snow and ice, to avoid the safety hazards of driving in snow and ice on steep streets and driveways, to avoid severe stormwater runoff problems often created by construction in steeply sloped areas, to avoid the high public expense of repairing and maintaining utilities on steeply sloped lands and to steer development to lands that are more physically suited for it.
B.
Applicability. This section shall apply to all land, buildings and uses and all grading of land in preparation for building in all zoning districts.
C. BUILDING SITE FIFTEEN-PERCENT SLOPE IMPERVIOUS COVER THIRTY-FIVE-PERCENT SLOPE TWENTY-FIVE-PERCENT SLOPE
Definitions. For the purposes of this section, the following definitions shall apply:
The land area proposed to include the actual location of a principal building and an area of 25 feet around all outside structural walls of such building.
Areas of land that have a net vertical change averaging 15 feet vertically for every 100 feet of horizontal distance, when measured between the contours required to be submitted under this section.
The percent of the lot area covered by surfaces that have a runoff coefficient of 0.8 or higher. In case of uncertainty, the Borough Engineer shall have the authority to determine the runoff coefficient of a type of material.
Areas of land that have a net vertical change averaging 35 feet vertically for every 100 feet of horizontal distance, when measured between the contours required to be submitted under this section.
Areas of land that have a net vertical change averaging 25 feet vertically for every 100 feet of horizontal distance, when measured between the contours required to be submitted under this section.
D.
Submission.
(1)
Any application for subdivision or land development or any application for a zoning or building permit for a principal building or principal use or any proposal to extensively alter the preexisting contour of land shall include the submission of a detailed topographic map if the existing lot involved includes any areas of fifteen-percent or greater slope that total greater than 1,000 square feet.
(2)
The topographic map shall be at a scale of one inch equals 50 feet and shall show the preexisting contours of all lands proposed for any subdivision, land development, building or use. Such contours shall be at intervals of five feet of vertical change. Contours shall be based on an actual field survey supervised and certified by a registered land surveyor.
(3)
The topographic map shall clearly identify areas that have a preexisting slope of between fifteen-percent and twenty-five-percent slope, between twenty-five-percent and thirty-five-percent slope and greater than thirty-five-percent slope.
(4)
The applicant shall clearly designate the proposed building site, including an area 25 feet around the proposed building location, for each lot that includes or is proposed to include any areas of fifteen-percent or greater slopes. Such building location shall then become binding, once approved, unless a subsequent submission and approval occurs under this section.
E.
Uses and lot areas.
(1)
Permitted uses. The only uses that shall be permitted on a building site that includes lands of fifteen-percent slope or greater square feet shall be the following:
(a)
Single-family detached dwellings, each on one individual lot.
(b)
Uses serving a governmental purpose and owned by the Borough of Aldan.
(c)
Public recreation uses owned by a government agency.
(d)
Uses that are clearly customarily and incidentally accessory to a use permitted by this section.
(e)
Nature preserves, not involving any principal buildings or commercial use.
(2)
Lot areas.
(a)
If a proposed building site would include any areas with preexisting slopes of between 15% and 25%, but would not include any areas of twenty-five-percent or greater slope, the following requirements shall apply to each lot:
(b)
If a proposed building site would include any areas with preexisting slopes of twenty-five-percent or greater, but would not include any areas of thirty-five-percent or greater slope, the following requirements shall apply to each lot:
(c)
If a proposed building site would include any areas with preexisting slopes of thirty-five-percent or greater, the following requirements shall apply to each lot:
F.
Slopes of roads and driveways.
(1)
No portion of any street proposed to be dedicated to the Borough shall have a finished slope in excess of 10%.
(2)
No portion of any private street, accessway or driveway shall have a finished slope in excess of 12%.
(3)
If road or driveway slope standards that are more restrictive are required under another applicable ordinance, those more restrictive standards shall apply.
G.
Grading. The requirements of this section shall apply to the contours of land that existed at the time of the adoption of this chapter. The contours of land regulated by this section shall not be changed prior to submission and regulation under this section.
H.
Floodplain: see also Borough ordinances that regulate construction within the one-hundred-year floodplain and within alluvial soils areas.
§ 256-31 Development along streams.
All areas within 100 feet of the center line of a stream or creek that has an officially mapped one-hundred-year floodplain shall be maintained in surfaces that are nonimpervious to water.
§ 256-32 Floodplains.
§ 256-33 Filling, excavation and grading.
A.
Permit required. All activities which require the moving of earth or the filling or excavation of an area, except for street construction, shall obtain a zoning permit issued by the Zoning Officer with the concurrence of the Borough Engineer. Finish grading or incidental grading of a lot and minor earthmoving from one place to another on a lot for landscaping or agricultural purposes shall not require a zoning permit.
B.
Grading regulations.
(1)
The existing grade shall not be increased so that unstable slopes are created.
(2)
The surface area of any yard adjacent to a building or structure shall be graded so that surface water will be drained away from such structure.
(3)
The deposit of soils, detritus or other debris (as a result of site preparation, grading, or excavating) shall not be unsightly or detrimental to any property, street, sewer or natural waterways.
(4)
All Pennsylvania Department of Environmental Protection and County Soil and Water Conservation District regulations shall apply.
§ 256-34 Sewage waste treatment and disposal control.
A.
All methods of sewage and waste treatment and disposal shall be approved by the Pennsylvania Department of Environmental Protection and in accordance with the sewage plan for the Borough.
B.
The standards of the regulations specified in Subsection A above or the following standards (whichever is more restrictive) shall apply:
(1)
Discharged wastes shall not contain any of the following:
(a)
Toxic substance.
(b)
Gasoline, benzene, naphtha, fuel, oil or other flammable or explosive liquid, solid or gas.
(c)
Cyanides or halogens.
(d)
More than 10 parts per million (ppm) of the following gases: hydrogen sulfide, sulfur dioxide or nitrogen dioxide.
(e)
A chlorine demand in excess of 15 ppm.
(f)
Phenol in excess of 0.0005 ppm.
(g)
Grease, fats or oils or any oily substance in excess of 100 ppm or exceeding a daily average of 25 ppm.
(h)
Liquid having a temperature higher than 150° Fahrenheit.
(i)
Matter containing any ashes, cinders, sand, mud, straw shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any solid or viscous substance capable of causing obstructions or other interference with the proper operation of a sewage treatment plant.
(k)
Liquid having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel.
(l)
Material which would be harmful to the treatment of sewage.
(2)
Acidity and alkalinity of wastes shall be neutralized with a pH 7.0 as a daily average on a volumetric basis, with a temporary variation of pH 5.0 to 9.0.
§ 256-35 Noise control.
A.
No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use:
Sound Level Limits by Receiving Land Use and Time | ||||
|---|---|---|---|---|
Receiving Land Use Category | Time | Sound Level Limit | ||
Residential, public space, | 1) 7:00 a.m. to 10:00 p.m. | 60 dBA | ||
open space or institutional | 2) 10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 50 dBA | ||
Commercial or business | 1) 7:00 a.m. to 10:00 p.m. | 65 dBA | ||
2) 10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 60 dBA | |||
Industrial | At all times | 70 dBA | ||
B.
For any source of sound which emits a pure tone, the maximum sound level limits set forth in Subsection A shall be reduced by five decibels (dBA).
C.
The maximum permissible sound level limits set forth in Subsection A shall not apply to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2)
Emergency work to provide electricity, water or other public utilities when public health or safety are involved.
(3)
Domestic power tools between the hours of 7:00 a.m. and 9:00 p.m. on Mondays through Fridays and between 8:00 a.m. and 9:00 p.m. on Saturdays and 10:00 a.m. to 5:00 p.m. on Sunday.
(4)
Explosives and construction operations.
(5)
Agricultural.
(6)
Motor vehicles traveling on a road or highway.
(7)
Public celebrations specifically authorized by the Borough.
(8)
Surface carriers engaged in commerce by railroad.
(9)
The unamplified human voice.
D.
For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval), the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound pressure level, regardless of time of day or night or receiving land use, using the fast meter characteristic of a Type II meter, meeting the ANSI specifications SI.4-1971.
§ 256-36 Vibration control.
A.
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source (if on private property) or at 50 feet from the source (if on a public space or public right-of-way).
B.
For the purposes of Subsection A, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
§ 256-37 Dust, dirt, smoke, vapors, gases and odors control.
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted which does not conform with the standards established under the State Air Pollution Control Act of January 9, 1960, Public Law 2119, as amended, and Title 25, Rules and Regulations, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Chapter III Air Resources.
§ 256-38 Light, glare and heat control.
All uses shall minimize the production of light, heat or glare that is perceptible beyond any property line of the lot on which the light, heat or glare is produced.
§ 256-39 Electric, diesel, gas or other power.
Every use requiring power shall be so operated that any service lines, substations or other facility shall:
§ 256-40 Control of radioactivity, electrical emissions and electrical disturbances.
A.
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted which does not comply with the regulations of the Pennsylvania Department of Environmental Protection Division of Radiology, the Federal Nuclear Regulatory Commission and the Federal Interstate Commerce Commission.
B.
No person shall conduct or permit any use to be conducted which causes electrical disturbances (except from domestic household appliances) to adversely affect any equipment at any time other than the equipment creating the disturbance.