Bristol City Zoning Code
PART 5
ENVIRONMENTAL PROTECTION
§ 27-501 Environmental Preservation Required.
[Ord. 1263, 8/10/2009]
1.
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.
2.
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.
§ 27-502 Natural Resource Protection Standards.
[Ord. 1263, 8/10/2009]
1.
Floodplains. All lands shown on the Flood Insurance Rate Map for Bristol Borough as one-hundred-year floodplain shall be protected from disturbance, clearing, or grading, except as permitted by this chapter.
2.
Steep Slopes. On lands with steep slopes that exceed an area of 100 square feet, the following standards shall apply:
A.
Slopes of 8% to 15%: no more than 50% of such areas shall be developed and/or graded or stripped of vegetation.
B.
Slopes of 16% to 25%: no more than 30% of such areas shall be developed and/or graded or stripped of vegetation.
C.
Slopes of 25% or more: no more than 15% of such areas shall be developed and/or graded or stripped of vegetation.
3.
Woodlands and Trees.
A.
No more than 40% of any woodland may be cleared or developed. The remaining 60% shall be protected. No trees shall be cleared on any lands proposed for development before approval of a final land development plan as required by the Bristol Borough Subdivision and Land Development Ordinance [Chapter 22].
B.
Any tree in excess of 15 inches in diameter at breast height (dbh) (four feet from finished grade) shall not be removed except as permitted in this chapter. An individual property owner need not obtain a permit to cut down a tree or trees measuring less than 15 inches dbh as part of normal home maintenance and upkeep, including the removal of diseased or dead trees and removal of trees which are in such a condition or physical location as to constitute a danger to the structures or occupants of properties or a public right-of-way. However, the Zoning Officer may issue a permit to an individual property owner to cut down any tree greater than 15 inches dbh, provided such tree is diseased or dead or constitutes a hazardous condition or nuisance. In addition, the planting, pruning, or removal of any shade tree located in a road right-of-way shall not be undertaken without issuance of a permit by the Zoning Officer.
4.
Wetlands. "Wetlands" are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soils conditions; or those areas of lands defined as wetlands in either (A) the United States Army Corps of Engineers, Wetlands Delineation Manual; or (B) the Pennsylvania Department of Environmental Protection, "Wetlands Identification and Delineation," 25 Pa. Code, Chapter 105, "Dam Safety and Waterways Management," rules and regulations, as most recently updated or modified.
Where differences between the foregoing criteria exist, the most restrictive criteria will be used in any particular case. For its application to this chapter, the "most restrictive criteria" shall mean the criteria that cause the preservation of the most extensive area of wetlands. No wetland areas may be graded, filled, developed, or in any way disturbed, except as permitted by this chapter. |
5.
Streams, Waters of the Commonwealth, Waters of the US, and Watercourses. No development, filling, piping, or diverting shall be permitted in streams or watercourses. Any application to disturb streams, waters of the Commonwealth, waters of the U.S. or watercourses made to the Borough shall be accompanied by a permit from all state and federal agencies with jurisdiction.
6.
Riparian Buffer. A riparian buffer shall be established along Otter Creek and Adams Hollow Creek. The buffer shall be 10 feet in width measured from the top of bank of the stream and extending on both sides of the stream. The area of the riparian buffer may be counted as part of the minimum lot area. The purpose of the buffer is to protect water quality, prevent erosion and sedimentation, and prevent flooding. Within the riparian buffer, there shall be no grading, removal of vegetation, building, disturbance, or placement of structures, except as permitted by this chapter.
7.
Areas with natural resource restrictions due to slopes, woodlands, wetlands, floodways, streams, watercourses, and riparian buffer areas shall be left undisturbed to the extent specified herein and shall not be occupied by structures, driveways, parking areas, or other improvements. No portion of the building envelope or yard areas in which parking or accessory structures are permitted shall be occupied by natural resources as defined above.
8.
Areas outside of the building envelope of the lot (the area of the lot excluding all required yard areas, setbacks, and easements) may contain natural resources as defined herein, provided that those areas so affected must be identified on the recorded plans for the subdivision or land development or on the zoning or building permit application and shall be subject to a recorded deed restriction to be approved by the Borough Solicitor to prevent any disturbance or development of these areas.
9.
Erosion and Sedimentation Control and Drainage. Wherever the topography and vegetation are to be disturbed, a plan for the control of erosion and sediment and grading is required. It shall be unlawful to pave, fill, strip or change the existing grade of any land; and it shall be unlawful to disturb, modify, divert, block, or affect the natural overland or subsurface flow of stormwater within the Borough without first securing all required state permits and a zoning permit. If required by the Bucks County Conservation District, a soil erosion and sediment control plan shall be reviewed and approved by that agency prior to the issuance of a zoning permit.
§ 27-503 (Reserved) [1]
§ 27-504 Outdoor Storage Control.
[Ord. 1263, 8/10/2009]
1.
No flammable or explosive liquids, solids, or gases shall be stored in bulk above the ground, except for tanks or drums of less than 600 gallons of fuel which are directly connected with engines, heating devices, or appliances located and operated on the same lot as the tanks or drums of fuel.
2.
All outdoor storage facilities for fuel, raw materials and products stored outdoors (including those permitted in Subsection 1 shall be enclosed by a fence of a type, construction and size as shall be adequate to protect and conceal the facilities from any adjacent properties.
3.
No materials or wastes shall be deposited upon a lot in such a form or manner that they may be transported off by natural causes or forces.
5.
Applicable Pennsylvania Department of Environmental Protection regulations shall apply.
6.
All materials or wastes stored outdoors 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 enclosed in containers adequate to eliminate such hazards.
7.
Applicable Pennsylvania Department of Environmental Protection and National OSHA regulations shall apply.
8.
The following requirements shall apply to nonresidential land uses:
A.
No liquids, solids or gases having a flash point less than 73° (as specified in the National Fire Code, Vol. 12 and 13, National Fire Protection Association), shall be stored in bulk above ground, except tanks or drums of fuel, having a maximum capacity of 3,000 gallons, connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.
Capacity of Flammable Materials Permitted, Gallons | ||
|---|---|---|
Flash Point Closed Cup Tester | Above Ground | |
140° F. or higher | 10,000 | |
74° F. to 139° F. | 5,000 | |
73° F. or less, fuels connected to energy devices | 3,000 | |
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 fence with a minimum height of seven feet. Such fence shall be chain link, stockade, picket (not exceeding three-inch spacing), solid wood, building wall or such other material as may be acceptable to the Zoning Officer to carry out the intent of this chapter.
C.
All 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.
§ 27-505 Sewage Waste Treatment and Disposal Control.
[Ord. 1263, 8/10/2009]
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.
§ 27-506 Noise Control.
[Ord. 1263, 8/10/2009]
1.
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 15-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 | 1) | 7:00 a.m. - 10:00 p.m. | 60 dBA | |
Open Space or Institutional | 2) | 10:00 p.m. - 7:00 a.m. plus Sundays and Legal holidays | 50 dBA | |
Commercial or Business | 1) | 7:00 a.m. - 10:00 p.m. | 65 dBA | |
2) | 10:00 p.m. - 7:00 a.m. plus Sundays and Legal holidays | 60 dBA | ||
Industrial | At all times | 70 dBA | ||
2.
For any source of sound which emits a pure tone, the maximum sound level limits set forth in Subsection 1 shall be reduced by 5 dBA.
3.
The maximum permissible sound level limits set forth in Subsection 1 shall not apply to any of the following noise sources:
A.
The emission of sound for the purpose of alerting persons to the existence of an emergency.
B.
Emergency work to provide electricity, water or other public utilities when public health or safety are involved.
C.
Domestic power tools, between the hours of 8:00 a.m. and 9:00 p.m. on Mondays through Fridays, between 8:00 a.m. and 5:00 p.m. on Saturdays and between 10:00 a.m. and 5:00 p.m. on Sundays.
D.
Explosives and construction operations.
E.
Agriculture.
F.
Motor vehicles traveling on roads and highways.
G.
Public celebrations, specifically authorized by the Borough.
H.
Surface carriers engaged in commerce by railroad.
I.
The unamplified human voice.
4.
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 15-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 2 meter, meeting the ANSI specifications S1.4-1971.
§ 27-507 Vibration Control.
[Ord. 1263, 8/10/2009]
1.
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).
2.
For the purposes of Subsection 1, "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.
§ 27-508 Smoke.
[Ord. 1263, 8/10/2009]
No smoke or other source of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines shall be emitted from any chimney except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than four minutes in any thirty-minute period.
§ 27-509 Dust, Fumes, Vapors and Gases.
[Ord. 1263, 8/10/2009]
1.
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 hereby prohibited.
2.
No emission of liquid or solid particles from any chimney or other source shall exceed 0.3 grains 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 stack at full load.
§ 27-510 Heat Control.
[Ord. 1263, 8/10/2009]
All uses shall minimize the production of heat that is perceptible beyond any property line of the lot on which the heat is produced.
§ 27-511 Lighting.
[Ord. 1263, 8/10/2009]
1.
General Standards. Outdoor lighting for all residential and nonresidential uses shall be designed to minimize undesirable off-premises effects.
A.
No use shall produce glare off the premises by illumination originating on the premises. Glare is defined as the sensation produced by light within the visual field that is sufficiently greater than the light to which the eyes are adapted and which cause annoyance, discomfort, or loss in visual performance or visibility, for any period of time, no matter how short in duration.
B.
No bare or direct light source shall be visible beyond the lot lines. Illumination from light originating on the site shall not exceed 0.10 footcandles at lot lines not along public roadways, and shall not exceed 0.30 footcandles along public roadways. Overhead light pollution caused by unshielded or bright lights shall not be permitted.
C.
Exterior lighting or interior lighting visible to the outside may not be used as an attention-getting device or as additional signage.
D.
All lights shall have a full cutoff fixture, which is defined as a light fixture with light distribution pattern that results in no light being projected at or above a horizontal plane located at the bottom of the fixture. This applies to all pole-mounted lights, building-mounted lights, sign lights, walkway lights, and any other type of illumination. No light shall shine directly into windows, onto streets or onto driveways off premises. This shall not apply to holiday lights that are temporarily displayed during holiday seasons.
E.
Exterior lighting may not outline a building or run along the roofline.
2.
General Requirements.
A.
Lighting plans are required on development and building plans. Any exterior lighting such as pole-mounted, building, sign, canopy, sidewalk illumination and driveway lights, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow.
B.
All parking areas, sidewalks and pedestrian walkways shall be adequately illuminated with a lighting system designed to architecturally complement the area and to prevent any off-site glare and spillover onto adjacent properties.
C.
Free-standing light fixtures shall be mounted on a pole with a maximum height of 15 feet and directed downward. Where multiple freestanding fixtures are required, various fixture types and varying heights of fixtures may be required to provide scale and dimension to the site and to create a diverse village appearance.
D.
Unless stated herein or otherwise required by Council, all lighting systems shall utilize high intensity discharge sources. Average minimum maintained footcandle levels shall be no less than 1.00 footcandle and no more than 3.00 footcandles. Lighting fixtures shall be placed to achieve a minimum average illumination of 2.00 footcandles in parking, accessway and walking areas.
§ 27-512 Electric, Diesel, Gas or Other Power.
[Ord. 1263, 8/10/2009]
1.
Every use requiring power shall be so operated that any service lines, substation or other facility shall:
§ 27-513 Control of Radioactivity, Electrical Emissions, and Electrical Disturbances.
[Ord. 1263, 8/10/2009]
1.
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, the Federal Nuclear Regulatory Commission, and the Federal Interstate Commerce Commission.
2.
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.