Charleroi City Zoning Code
ARTICLE V
Supplemental Regulations
§ 338-501 Screening and landscaping.
A.
Landscaping specifications. Landscaping shall be provided in accordance with the following specifications: A landscaping plan, with detailed drawings, must be submitted with a required subdivision or land development or in the case where subdivision and/or land development approval are not required prior to building permit application. The landscaping plan must contain and show the following information:
(1)
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying size of plantings.
(2)
All required planting (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale and identifying size of plantings.
(3)
Any existing trees or vegetation which are to be preserved, accurately identifying their relative location.
(4)
Any existing trees or vegetation which will be removed, accurately identifying their relative location.
(5)
All areas of a lot not covered by building or impervious material shall be maintained as landscaped or natural areas.
B.
Buffer yards.
(1)
Applicants shall demonstrate through the submission of a landscape plan that sufficient landscaping and buffering is provided to minimize impact to adjacent uses. When required a minimum of two deciduous trees and three evergreen trees shall be required for every 100 feet of property line where buffering is required. In addition, five shrubs shall be provided for every 100 feet of property line where buffing is required. Buffer yards are required to be a minimum of 10 feet in width. The Borough encourages flexibility in design and will entertain alternative buffering plans where the applicant demonstrates the buffering plan is equal to or better than the requirements of this chapter and meets the intent of this section. The use of decorative walls, decorative fences and landscape mounds are allowable in an effort to meet the requirements of this section.
(2)
Buffer areas required. Buffer areas are required under the following circumstances:
(a)
Along public roads. A landscape buffer will be required for all new nonresidential development and which abut a public street. The buffer yard will be provided for the entire length of the public street frontage. In areas where the structure is setback at the right-of-way line no buffer yard is required in the area where the structure meets the right-of-way.
(b)
Parking lots and loading areas. A landscape buffer will be required around the perimeter of parking lots and loading areas in all zoning districts.
(c)
Adjacent uses. Buffer yards are intended to minimize impacts of different uses on adjacent sites or properties. When new development is proposed buffer yards will be required along the perimeter of the site. Buffer yards In the CBD and MU districts may be relaxed or eliminated at the discretion of the Borough where the development proposes reuse of existing structures on the site and where such site does not provide adequate area for the addition of a buffer.
C.
General provisions.
(1)
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.
(2)
Maintenance required. 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. Replacement shall be no later than the subsequent planting season.
(3)
Conflict between buffer areas and building setback requirements. When the width of a required buffer area is in conflict with the minimum building setback requirements of this chapter the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the setback requirement.
(4)
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.
D.
Plant sizes.
(1)
Deciduous trees. All trees required to be planted shall be a minimum of two inches in diameter at a point one foot above the ground. 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.
(2)
Evergreen Trees. All evergreen trees required to be planted shall be a minimum of six feet in height at the time of planting measured from the ground adjacent to the planted tree to the top of the tree.
(3)
Shrubs. All shrubs required to be planted shall be a minimum of 24 inches in height at planting.
§ 338-502 Lighting requirements.
Lighting for all uses in the Borough shall meet the following requirements:
§ 338-502.1 Nonresidential use lighting standards.
All exterior parking lots, driveways, vehicular access aisles, pedestrian access areas, sidewalks, pathways, and loading spaces shall be sufficiently illuminated so as to provide safe movements on site.
A.
Illumination shall be by sharp cut-off fixtures with flush-mounted lens cap, with the following exceptions.
(1)
Decorative street-lighting along streets (not including parking lot areas) are exempt from this requirement. However, streetlight poles for decorative street-lighting shall not exceed 24 feet in height, measured from finished grade to the top of the fixture.
(2)
Decorative lighting along pedestrian walkways in front of buildings and in pedestrian plazas is exempt from this requirement. However, light poles for the decorative lighting shall not exceed 15 feet in height, measured from finished grade to the top of the fixture.
B.
Fixtures (including those mounted on a building or other structure) shall be mounted parallel to the ground surface, with the following exceptions.
(1)
Decorative street lighting along streets, decorative lighting along pedestrian walkways in front of buildings, and decorative lighting in pedestrian plazas are exempt from this requirement.
(2)
Lighting for the purpose of highlighting a structure or landscape feature shall be exempt from this requirement.
C.
Pole height shall be a maximum of 24 feet.
D.
Illumination shall not exceed one footcandle at all property boundaries. The one-footcandle illumination shall be measured horizontally on the ground surface and vertically at a five-foot height at the property lines.
E.
All site lighting including architectural, landscape, and canopy lighting shall be from a concealed source that is not visible from the property boundaries or public street ROW. Lighting associated with a freestanding or building canopy shall be recessed into the canopy.
§ 338-502.2 Residential use lighting standards.
A.
For all residential uses that require parking lots that contain more than 10 parking spaces the proposed development shall comply with the requirements of the nonresidential use lighting standards above.
B.
All other proposed lighting in residential districts shall be oriented so as not to interfere with adjacent properties. Decorative street lights constructed in conjunction with a proposed residential development shall be designed to minimize impact to existing developments or properties.
§ 338-503 Fences and walls.
A.
No fence or wall shall be erected, replaced, or altered unless an application has been made, and a permit issued by, the Zoning Officer.
B.
Fences may be permitted on lots with no principal use subject to the requirements of this section.
C.
Fence location. No fence exceeding four feet in height shall be allowed within the front yard area of the zoning district in which the fence is located.
D.
Fences and all supporting structures must be entirely on the property of the party erecting the fence and shall not encroach upon a public right-of-way.
E.
Fence heights.
(1)
The height of all fences or walls shall be measured from the finished grade to the top of the fence.
(2)
Unless otherwise stated, no fence or wall shall exceed six feet in height.
(3)
A fence of no more than 10 feet in height shall be allowed to enclose private or public recreation facilities provided that the fence is not more than 60% solid.
F.
Fences or walls in nonresidential districts abutting residential districts shall not exceed six feet in height.
G.
All fences and walls shall be maintained and, when necessary, repaired, removed or replaced.
H.
Street intersections. No fence shall be installed that obstructs sight distance at street intersections or interferes with the required clear sight triangle.
§ 338-504 Flood plains.
All development and use of land and structures in floodplain districts shall comply with the most recently adopted flood plain management ordinance of the Borough as may be amended from time to time.
§ 338-505 Performance standards.
A.
Noise. The ambient noise level of any operation, other than those exempted below, shall not exceed the decibel levels prescribed. 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 decibel level recorded during observations taken in accordance with industry standards for measurement and taken at any time when the alleged offensive noise is audible, including intermittent but recurring noise.
(1)
No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
(a)
Residential districts. At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA.
(b)
Nonresidential districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA.
(c)
Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.
(2)
The following uses or activities shall be exempted from the noise regulations:
(a)
Customary and usual farming activities in all zoning classifications.
(b)
Noises emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m.
(c)
Noises caused by safety signals, warning devices and other emergency-related activities or uses.
(d)
Noises emanating from public recreational uses between 7:00 a.m. and 11:00 p.m.
(e)
Normal utility and public works activities between the hours of 7:00 a.m. and 9:00 p.m., and emergency operations at any time.
(3)
In addition to the above regulations, all uses and activities within the Borough shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
B.
Vibrations. Except for vibrations emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m., vibrations detectable without instruments on neighboring property in any district shall be prohibited. The prohibition on vibrations shall also be subject to any other separate ordinance adopted by the Borough.
C.
Glare. There shall be no direct or sky-reflected glare, whether from floodlights or from high-temperature processes (for example, combustion or welding), so as to be visible from within any district.
D.
Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.
E.
Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
F.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
G.
Air pollution. No pollution by air by fly ash, dust, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property, or which can cause excessive soiling. Ultimately, air pollution may be acceptable provided that the use complies with all regulations or requirements of the DEP, EPA and all other regulatory agencies.
H.
Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Borough may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Borough may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
§ 338-506 Temporary construction trailers.
Temporary construction trailers or offices shall be permitted in any zoning district subject to the following conditions:
A.
Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit. The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit.
B.
A permit for the temporary structure or use shall be obtained from the Zoning Officer prior to the commencement of construction.
C.
Temporary construction trailers shall be located on the lot on which the construction is progressing unless an alternative location is approved by the Zoning Officer based on circumstances that make it impractical to locate on the lot on which construction is occurring. In any case the temporary trailers shall not be located within 25 feet of any property line adjoining residential use.
D.
Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use, whatsoever.
E.
No combustible materials shall be stored in temporary construction trailers.
§ 338-507 Outdoor storage.
A.
In the CBD, MU, C, C-1 and RD Zoning Districts nonresidential uses which require outside storage of materials, storage and display of materials outside a completely enclosed structure shall be completely enclosed by a an opaque fence or dense, compact evergreen hedge which is at least six feet in height.
B.
In any other district other than the Industrial (I) Zoning District, any material or equipment stored outside an enclosed building, except for the purposes identified above, shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the storage area from public view from the street. Buffering as identified in the buffer yard requirements of Article V of this chapter may be required to screen material or equipment stored outside in all zoning districts including the Industrial (I) District.
C.
All organic rubbish and discarded materials shall be contained in tight, verminproof dumpsters which shall be screened from public view by an opaque fence, masonry wall or dense, compact evergreen hedge which is at least six feet in height. Containers shall not be permitted in the front yard.
§ 338-508 Utilities.
All electrical, telephone, cable television, and other communication system service laterals on a lot or site shall be installed underground for new developments.
§ 338-509 Exterior Finishes.
The exterior finish of the building, whether finished face brick, wood veneer, siding or any other finished facing materials approved by the zoning officer, shall come down the building to within six inches of finished grade. Plain masonry block or poured concrete shall not be considered a finished product; nor shall either of these construction surfaces be considered as a finished product if painted, unless specified as a specific architectural exterior treatment by a design professional.
§ 338-510 Screening of Roof Equipment.
Mechanical equipment designed to be located on the roof of a structure/building must be screened with typical building materials approved by the zoning officer. The screen must be designed to complement building designed and conceal this equipment from neighboring property owners and the public on adjacent roadways.