Bell Acres City Zoning Code
ARTICLE IV
Performance Standards
§ 165-53 All uses subject to standards.
[Amended 11-11-2002 by Ord. No. 226]
All uses in all districts shall comply with all the performance standards listed in Article IV.
§ 165-54 Environmental protection.
The developer shall determine the presence of environmental or natural features on the site and shall meet the following standards of environmental protection. Site alterations, regrading, filling or clearing of vegetation prior to submission of the plans for development shall be a violation of this chapter.
A.
Floodplains. All such lands are identified on the Zoning Map. See Article VIII, Floodplain District, for specific regulations.[1]
[1]
Editor's Note: Former Art. VIII, Floodplain District, was repealed 9-8-2014 by Ord. No. 280. For current provisions on floodplain management, see Ch. 61, Art. II, Floodplain Management.
B.
Slopes. In areas of slopes, i.e., those above 8%, the following standards shall apply:
(1)
Eight percent to 15%: No more than 60% of such areas shall be developed and/or regraded or stripped of vegetation.
(2)
Fifteen percent to 25%: No more than 40% of such areas shall be developed and/or regraded or stripped of vegetation.
(3)
Twenty-five percent or more: No more than 20% of such areas shall be developed and/or regraded or stripped of vegetation.
C.
Areas of moderate to high landslide susceptibility produced by the influence of natural and/or man-related activity. Plans for development within these areas must be submitted by a professional engineer or landscape architect and approved by the governing body.
D.
Woodlands. No more than 50% of any woodland, exclusive of public streets and rights-of-way, may be cleared or developed. The remaining 50% shall be maintained as permanent open space.
E.
Ponds or watercourses. These areas shall be left as permanent open space. No development, filling, piping or diverting shall be permitted except for required roads. Any soil disturbance or removal of vegetation within 100 feet of such ponds or watercourses is prohibited except where primary access is required. In such instances, additional environmental studies may be required at the discretion of the Bell Acres Planning Commission or Bell Acres Borough Council. For purposes of this section, a watercourse shall be defined as any stream or stream bed that has a contributory watershed of at least 10 acres, while a pond is defined as containing at least 10,000 square feet of surface, measured at the high water mark.
[Amended 12-11-2006 by Ord. No. 247]
F.
Stormwater drainage and management. Stormwater drainage and management plans that show how all stormwater is to be retained on site and infiltrated shall be submitted for any proposed residential development of three family units or more and for all nonresidential development. An informal plan describing the stormwater runoff shall be submitted for one and two dwelling units; however, Council reserves the right to request more definitive information. The intent of stormwater management is to limit postdevelopment runoff to predevelopment levels and to alleviate or mitigate downstream damage due to storm flows. Detailed requirements for stormwater drainage and management are specified in Chapter 149, Subdivision and Land Development, § 149-33 and Appendix E. It should be noted that on-site storm water retention is the preferred option and that the developer must show why this is not feasible if such plans do not include such a solution.
[Amended 12-11-2006 by Ord. No. 247]
G.
Soil erosion and sedimentation.
(1)
All development shall be conducted in such a manner so as to minimize accelerated erosion and sedimentation damage and shall comply with the requirements of the Clean Streams Law, Act of June 22, 1937, P.L. 1987.[2]
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
(2)
Soil erosion and sedimentation control shall be in accordance with the Pennsylvania Department of Environmental Resources, Soil Erosion and Sedimentation Control Manual.
(3)
Soil erosion and sedimentation control plans shall be submitted to the Borough for preliminary and final plan approval for any proposed residential development of three-or-more-family units and for all nonresidential development.
§ 165-55 Buffer yards.
Buffer yards are required for all nonresidential uses where they adjoin a residential district, unless the use is permitted in the adjoining residential district.
A.
Buffer yards are required for certain residential uses and all nonresidential uses where they adjoin a residential district, unless the same nonresidential use exists in the adjoining residential district.
[Amended 3-9-2020 by Ord. No. 302]
B.
The buffer yard may be within the required front, side or rear yards, and, in case of conflict, the larger yard requirements shall apply.
C.
All buffer yards shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by the property owner.
D.
No uses except plant materials and vehicular and pedestrian access points shall be permitted in the buffer yard, except that decorative screen walls and fences, specially approved by the Borough Council, may be incorporated.
E.
Buffer areas described: Buffer areas, as defined by this Chapter and required by § 165-26 and this section, shall meet all of the following criteria:
(1)
Buffer Area A shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 15 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner which shall result in adjacent trees on two different rows being no more than 10 feet apart, measured from the vertical center lines of the trees. The depth of Buffer Area A shall be 25 feet as measured from the property line.
(2)
Buffer Area B shall contain one row of plantings which shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 10 feet apart, measured from the vertical center lines of adjacent trees. The depth of Buffer Area B shall be 15 feet as measured from the property line.
(3)
Buffer Area C shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature which are a minimum of six feet in height at the time of planting. The depth of Buffer Area C shall be 10 feet as measured from the property line.
F.
None of the required plantings shall encroach across any property line. All plantings shall be located a minimum of 2 1/2 feet from the property line which constitutes the exterior boundary of the buffer area.
[Amended 11-11-2002 by Ord. No. 226]
G.
In the event that existing vegetation and/or existing topography provides screening which is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining residential properties, the Borough Council, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by the Borough Council to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
[Amended 11-11-2002 by Ord. No. 226]
H.
In the event that a public street right-of-way, dedicated and accepted by the Borough, separates the two dissimilar uses specified, the buffer area shall not be required, provided the width of the right-of-way equals or exceeds the width of the required buffer area and one row of low-level plantings or a landscaped earthen mound is provided on the property to screen headlights from view as described in § 165-55L below.
[Added 11-11-2002 by Ord. No. 226]
I.
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 165-56 of this Chapter.
[Added 11-11-2002 by Ord. No. 226]
J.
No structures or uses shall be permitted in the required buffer area other than active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the buffer area and provided all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required buffer area include, but are not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices.
[Added 11-11-2002 by Ord. No. 226]
K.
Buffer areas required: Buffer Areas A, B, and C listed in § 166-55E above are required under the following circumstances:
[Added 11-11-2002 by Ord. No. 226]
(1)
Buffer Area A: Buffer Area A shall be required:
(a)
Along all property lines where any development in the M-1, M-2 or M-3 District adjoins property in an R-1, R-2, R-3, R-4 or RR-1 District.
[Amended 12-11-2006 by Ord. No. 247]
(b)
Where the express standards and criteria for a conditional use or permitted uses in § 165-26 of this chapter specify that Buffer Area A is required.
(c)
Along all property lines where a planned residential development which contains townhouses or garden apartments adjoins property in an R-1, R-2, R-3 or RR-1 District.
[Amended 12-11-2006 by Ord. No. 247]
(2)
Buffer Area B: Buffer Area B shall be required:
(a)
Where the express standards and criteria for a conditional use or permitted uses in § 165-26 of this chapter specify that Buffer Area B is required.
(b)
Along all perimeter property lines where a planned residential development which contains single-family dwellings or duplexes adjoins property in an R-1, R-2, R-3 or RR-1 District.
[Amended 12-11-2006 by Ord. No. 247; 3-9-2020 by Ord. No. 302]
(3)
Buffer Area C: Buffer Area C shall be required:
(a)
Where the express standards and criteria for a conditional use or permitted uses in § 165-26 of this Chapter specify that Buffer Area C is required.
(b)
On developed properties in the M-1, M-2 and M-3 District where existing conditions such as building location and existing paving of the parking lot make it impossible to meet the requirements for Buffer Area B along a property line which adjoins property in the R-1, R-2, R-3, R-4 or RR-1 District.
[Amended 12-11-2006 by Ord. No. 247]
(c)
Along all perimeter property lines in the R-3 and R-4 Districts where townhouses or apartments adjoin R-3 and R-4 zoned property containing a single-family dwelling or duplex.
[Amended 3-9-2020 by Ord. No. 302]
L.
Low-level screen required. In addition to the required plantings in Buffer Areas A, B, and C, wherever 20 or more parking spaces face the required buffer area, a row of low level evergreen shrubs or hedges shall be planted or earthen mounding shall be constructed in the buffer area which shall provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars. These low-level shrubs, hedges or mounds shall be installed so that a person facing a passenger car with the shrubs or hedges or mound between him and the car could observe the car's low beam lights only as a result of the diffused or reflected light from the headlights and not because the direct beam from those lights was observable. The earthen mound shall be a minimum of three feet in height at its center point with a minimum width at the base of 10 feet. Low-level shrubs or hedges shall be a minimum of three feet at the time of planting.
[Added 11-11-2002 by Ord. No. 226]
M.
Conflict between buffer area and yard requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of § 165-49 or 165-50, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
[Added 11-11-2002 by Ord. No. 226]
N.
Existing structures in buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure which encroaches on the required buffer area. The required buffer area, as determined by § 165-55K, shall apply on all other sides of the existing structure.
[Added 11-11-2002 by Ord. No. 226]
O.
Existing trees in buffer areas.
[Added 11-11-2002 by Ord. No. 226]
(1)
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Borough, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Borough has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this subsection shall be subject to the maximum penalties authorized by this Chapter.
(2)
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. All such replacement planting shall be in accordance with accepted conservation practices.
P.
Size of trees in required buffer areas.
[Added 11-11-2002 by Ord. No. 226]
(1)
Any existing trees within the required buffer area which are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
(2)
All trees required to be planted within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.
Q.
Responsibility for maintenance. It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
[Added 11-11-2002 by Ord. No. 226]
R.
Stormwater management facilities in buffer areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
[Added 11-11-2002 by Ord. No. 226]
S.
Landscaping of open areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding must occur within two weeks of April 1.
[Added 11-11-2002 by Ord. No. 226]
T.
Landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
[Added 11-11-2002 by Ord. No. 226]
(1)
Planting required in buffer areas as outlined in § 165-55K cannot be substituted for any required planting mandated in this subsection.
(2)
A landscaping plan, with detailed drawings, must be submitted prior to building permit application, and this landscaping plan must contain and show the following information:
(a)
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying the height and width of any proposed mounds.
(b)
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale.
(c)
Any planting in excess of the requirements in § 165-55K of this Chapter.
(d)
Any existing trees or vegetation which are to be preserved, accurately identifying their relative location.
(e)
Any existing trees or vegetation which will be removed, accurately identifying their relative location.
(3)
At least one deciduous tree must be planted for each 1,000 square feet of lot area occupied by the building footprint in conjunction with any nonresidential development.
(4)
At least one deciduous tree must be planted for each dwelling unit in conjunction with any multifamily development.
(5)
All trees which are required to be planted as per the regulations of this subsection shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices.
(6)
In conjunction with the development of property for any use, the applicant shall show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property. "Imminent development" shall be considered to be development which is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum eight hours per day, 40 hours per week basis (utilizing a five day on, two day off, standard work week basis) within 30 days of the removal of trees or vegetation and for which a land development plan and landscaping plan have been submitted and approved by the Borough.
(7)
Any existing trees which are not disturbed and are not located within a required buffer area and are a minimum of four inches in diameter at a point one foot above the ground shall count towards the required number of trees to be planted outside of the buffer area.
(8)
In parking areas containing more than 20 spaces, at least 5% of the interior parking area shall be landscaped with plantings, and one tree for each 10 spaces shall be installed.
(9)
Whenever an open parking area abuts a public street, a planting strip, at least five feet in depth, planted and maintained with shrubbery, trees or other landscape or decorative materials, shall be installed across the entire frontage of the property in order to prohibit vehicles access except at approved ingress and egress points.
(10)
All areas not utilized for structures, driveways, planting strips or parking facilities must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be given the same interpretation given that phrase as it is used in § 165-55S of this Chapter.
U.
Posting of bond for landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Borough in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for a period of two years from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
[Added 11-11-2002 by Ord. No. 226]
§ 165-56 Emission of offensive odors.
No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table I (Odor Thresholds in Air), Research on Chemical Odors: Part I – Odor Thresholds For 53 Commercial Chemicals, October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
§ 165-57 Storage of hazardous materials.
A.
No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except the following:
(1)
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, specifically designed to handle the material.
(2)
Tanks or drums for storage of less than 300 gallons of fuel oil (other than that used for home heating) or gasoline, provided that such tanks are located no closer than 25 feet to any building or lot line or 50 feet from any street line.
B.
All outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by a six-foot chain link fence or a substitute approved by the Zoning Officer.
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.
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.
E.
All nonconforming storage and water disposal uses must be brought into conformity with this section within three years of the adoption of this chapter.
F.
Any activity involving the use or storage of flammable material shall be controlled by the requirements contained in the applicable fire prevention code adopted by the Borough.
G.
No hazardous materials shall be stored above ground or below ground within 100 feet of any watercourse or pond.
[Added 12-11-2006 by Ord. No. 247]
§ 165-58 Visible smoke emissions.
No emission at any point from any chimney or otherwise of visible smoke from commercial and industrial uses in excess of that permitted by the Department of Environmental Resources (DER) shall be permitted.
§ 165-59 Air pollutive emissions.
A.
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.
B.
No emission of liquid or solid particles from any chimney or other source shall exceed 0.3 grain per cubic foot of the carrying gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in the stack at full load.
C.
Air pollution requirements must meet Allegheny County Health Department rules and regulations.
§ 165-60 Lighting.
[Amended 3-13-2022 by Ord. No. 313]
The following standards shall apply to the design and operation of all outdoor lighting within the Borough.
A.
The purpose of this section is to establish minimum standards for outdoor lighting to:
(1)
Provide for and control lighting in outdoor places where public health, safety, and welfare are potential concerns.
(2)
Protect neighbors and the night sky from nuisance glare and stray light from improperly aimed, placed, applied, maintained, or shielded light sources.
B.
The following definitions shall apply to this section:
FOOTCANDLE
Unit of light intensity stated in lumens per square foot and measurable with an illuminance meter (i.e., light meter) at ground level.
FULL CUTOFF
Attribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the fixture.
GLARE
Excessive brightness in the field of view that causes loss in visual performance or annoyance, jeopardizing health, safety or welfare.
ILLUMINANCE
The quantity of light striking a surface as measured in footcandles.
LIGHT POLLUTION
The excessive, misdirected, or obtrusive artificial light that washes out starlight in the night sky, interferes with astronomical research, disrupts ecosystems, has adverse health effects, causes a nuisance, or wastes energy.
LIGHT TRESPASS
Unwanted light emitted by a lighting fixture or installation which is cast beyond the boundaries of the property on which the lighting installation is sited.
LUMEN
The International System of Units (SI) unit of luminous flux, a measure of the total quantity of visible light emitted by a source.
LUMINAIRE
A complete lighting unit consisting of a light source(s) together with all parts designed to control the light distribution, and any other mechanical, electrical, or decorative parts.
RECREATIONAL USE LIGHTING
Lighting used or designed for the purpose of lighting any principal or accessory uses of land, whether indoors or outdoors, intended for the pursuit of sports, recreation, or leisure activities, including, but not limited to playing fields, swimming pools, golf courses, tennis courts, or amphitheaters, and including both public and private uses.
SHIELDED
A luminaire from which no direct glare is visible at normal viewing angles by virtue of being properly aimed, oriented, and located and properly fitted with such devices as shields, barn doors, baffles, louvers, skirts or visors.
C.
Applicability. Unless otherwise specified, outdoor lighting for all uses and areas in the Borough shall be installed and provided in accordance with the following standards. Where a provision of this chapter is found to be in conflict with this section, the provision which establishes the more restrictive standards shall apply.
(1)
This section shall not apply to the following:
(a)
Federal- or state-required security lighting and air travel safety lighting are exempted from the provisions of this section.
(b)
Temporary lighting used for emergency or public repair activities.
(c)
Temporary holiday and special event lighting, provided that:
[1]
Temporary holiday lighting shall be situated to prevent glare and light trespass. Any flood or spotlights shall be directed away from adjacent properties and roadways.
[2]
Special event lighting shall not operate beyond the conclusion of the event. Any flood or spotlights shall be directed away from adjacent properties and roadways.
(d)
Permanent lighting utilized by public safety, law enforcement, or emergency management services providers.
(2)
Nonconforming lighting. This section shall apply to any luminaire or lighting installation in existence as of the effective date of this section.
(a)
A nonconforming luminaire or lighting installation shall be made to conform with the requirements of this section upon:
[1]
A change in the principal use of the property;
[2]
The construction, or reconstruction of the structure upon which any nonconforming luminaire or lighting installation is located;
[3]
An increase in the number of existing luminaires by 50% or more, or an upgrade, increase in height, or other significant modification to 50% or more of the existing luminaires;
[4]
The destruction of the existing nonconforming lighting or luminaire whether intentional or by accident, casualty, or natural disaster; or
[5]
Abandonment of the lighting, the use of the property, or the structure upon which the lighting is located for a period of one year or more.
D.
Lighting standards and design criteria.
(1)
All outdoor lighting shall be aimed, located, designed, fitted, and maintained so as not to create glare, light pollution and light trespass. Luminaires and ancillary equipment shall be maintained so as to always meet the requirements of this section.
(2)
Nonresidential use lighting. Unless otherwise stated in this chapter, the following shall apply to all outdoor lighting associated with nonresidential uses:
(a)
The maximum intensity at any given point shall not exceed 12 footcandles.
(b)
The average intensity of all parking lots, driveways and walkways shall not exceed 3.5 footcandles.
(c)
At any nonresidential property line, or street right-of-way line, the maximum intensity shall not exceed 1.0 footcandles.
(d)
At any residential property line, the maximum intensity shall not exceed 0.1 footcandles.
(e)
All outdoor lighting shall use luminaires that are full cutoff in design.
(f)
Luminaires shall be equipped internally with louvers or shields or be capable of being equipped externally with light-directing devices such as shields, visors, or hoods when required by topography or other site conditions.
(g)
The maximum luminaire mounting height shall not exceed 25 feet, except that in instances where the luminaire is to be located within 100 feet of any residential building, it shall not exceed 20 feet.
(3)
Residential use lighting. Unless otherwise stated in this chapter, the following standards shall apply to all outdoor lighting located on a property utilized for residential purposes:
(a)
All lighting, including flood lights and spotlights shall be installed or aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward, or onto a roadway.
(b)
The maximum luminaire mounting height shall not exceed 20 feet.
(c)
At any property line, the maximum intensity shall not exceed 0.1 footcandles.
(4)
Sign lighting. All lighting associated with signs shall comply with standards contained in Article VI.
(5)
Architectural lighting. Luminaires used for architectural lighting (e.g. facade, fountain, feature and landscape lighting) shall be designed, fitted, and aimed so as to not project their output beyond the objects intended to be illuminated.
(6)
Recreational use lighting.
(a)
Recreational use lighting, with the exception of recreational use lighting accessory to a single-family dwelling or duplex, is permitted as a conditional use accessory to the recreational use proposed to be lighted and shall be permitted only in those districts in which that recreational use is permitted. Recreational use lighting shall be processed subject to the procedures of Article X of this chapter.
(b)
All applications for recreational use lighting must include a lighting plan including the content described in §§ 165-60E(1)(a) through (d) and § 165-60E(2)(a) through (f) below.
(c)
Recreational use lighting shall be turned off no later than 9:00 p.m. Sunday through Thursday and 10:00 p.m. Friday and Saturday.
(d)
The maximum mounting height for all recreational use lighting shall be the minimum necessary to adequately and safely light the recreational use proposed to be lighted, but at no time shall exceed the following:
Use | Mounting Height (feet) |
|---|---|
Basketball | 20 |
Football | 80 |
Soccer | 80 |
Baseball | |
Radius of 200 feet | 70 |
Radius of 300 feet | 80 |
Lacrosse | 80 |
Miniature golf | 20 |
Swimming pool aprons | 20 |
Tennis | 20 |
Track | 20 |
(e)
The maximum intensity at any property line or street right-of-way line shall not exceed 0.1 footcandles at grade.
(f)
Recreational use lighting associated with recreational uses accessory to a single-family dwelling or duplex must comply with the standards for residential use lighting, and shall not require conditional use approval.
E.
Lighting plans. A lighting plan shall be required for any land development or planned residential development within the Borough subject to the following:
(1)
For all land development plans proposing outdoor lighting, a lighting plan shall be submitting with the following content:
(a)
Layout of the proposed luminaire locations.
(b)
An isometric contour plot of the site illumination coverage.
(c)
A point-by-point plot using a ten-foot-by-ten-foot illuminance grid at initial illumination levels of the fixtures. This shall include a statistical summary of typical areas and include minimum, average and maximum values and uniformity ratios that demonstrate compliance with the intensities and uniformities set forth in this section.
(d)
Description of the equipment, including luminaire catalog cuts, photometrics, glare-reduction devices, lamps, control devices, mounting heights and mounting methods proposed.
(2)
For all land development plans proposing recreational use lighting, in addition to the above content, the following shall also be provided:
(a)
Plan views containing a layout of the facility and showing pole locations and the location of residences on adjoining properties.
(b)
Elevation views containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.
(c)
Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five-foot line of sight.
(d)
Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this section.
(e)
Proposed frequency of the use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.
(f)
A narrative describing the measures proposed to achieve minimum off-site disturbance.
(g)
Documentation sufficient to demonstrate to the reasonable satisfaction of the Borough Engineer that the proposed mounting height of the recreational use lighting is the minimum necessary to adequately and safely light the recreational use proposed to be lighted.
(3)
Lighting plan review and approval. Lighting plans shall be included with the preliminary applications for the proposed land development or planned residential development, and reviewed in accordance with requirements of Chapter 149, Article II or Article VII of this chapter respectively.
§ 165-61 Noise.
The ambient sound level of any operation (other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the decibel levels listed in the tables shown.
A.
The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, "ambient noise level" is the average over 15 minutes of the alleged offensive noise, excluding random or intermittent noises. Averaging may be done by instrument analysis in accordance with American National Standard S.13-1971, or may be done manually as follows:
(1)
Observe a sound-level meter for five seconds and record the best estimate of central tendency of the indicator needle and the highest and lowest indications.
(2)
Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of the fifteen-minute period and that there shall be at least as many observations as there are decibels between the lowest low indication and the highest high indication.
(3)
Calculate the arithmetical average of the observed central tendency indications.
B.
It shall be unlawful for any person to operate any fixed machinery or equipment or similar mechanical device in any manner so as to create any noise which would cause the noise level measured at the property line of the property affected by the noise emission to be beyond permitted levels.
(1)
Noise limits shall not exceed the following:
[Amended 12-11-2006 by Ord. No. 247]
Zoning District | Time Period | Sound Level (dBa) |
|---|---|---|
R1, R2, R3, R4, RR-1 | Anytime | 55 |
M1 | 7:00 a.m. to 10:00 p.m. | 60 |
M1, M2 | 10:00 p.m. to 7:00 a.m. | 55 |
(2)
If the measurement location is on a boundary between two zoning districts, the lower sound level shall apply.
§ 165-62 Sewage discharges.
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 nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements or the accumulation of solid wastes conducive to the breeding of rodents or insects is permitted.
§ 165-63 Activities affecting atmosphere at lot lines.
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.
§ 165-64 Vibrations.
No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of construction activity. The standards below are as set forth in the Table of Frequency Amplitude Relations. Vibration shall be expressed as displacement in inches and shall be measured with a standard three-component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.
Table of Frequency Amplitude Relations | |
|---|---|
Frequency of Ground Motion (cycles per second) | Maximum Amplitude of Ground Motion in Inches, Not More Than |
Up to 10 | 0.0305 |
20 | 0.013 |
30 | 0.0102 |
40 | 0.0076 |
50 | 0.0061 |
60 | 0.0051 |
§ 165-65 Electrical disturbances.
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.
§ 165-66 Radioactive emissions.
No activity shall emit dangerous radioactivity which exceeds the standards established by the United States Atomic Energy Commission Rules and Regulations, Title 10, Atomic Energy, Part 20, Standards for Protection Against Radiation.
§ 165-67 Floodplain management.
Refer to Chapter 61, Building Construction, Article II, Floodplain Management.
