Dalton City Zoning Code
ARTICLE VII
Performance Standards and Environmental Protection
§ 400-28 Design of commercial establishments and nonresidential uses.
A.
It is the intent of this § 400-28 to provide standards for the design of commercial establishments and nonresidential uses (referred to as commercial establishments) to assure the compatibility of the nonresidential development with the surrounding character of the Borough. This shall be accomplished by:
(1)
Siting buildings, parking areas and other facilities and improvements based upon the particular topography of development site;
(2)
Designing buildings with consideration of architectural style and type of construction material in keeping with the surrounding landscape and development pattern, using wood or wood-like siding (exposed cinder-block construction shall not be permitted);
(3)
Providing safe and convenient access from the public right-of-way based on the existing area-wide traffic circulation pattern and the expected traffic generated by the proposed use;
(4)
Designing parking areas to complement patterns of traffic flow and to provide adequate off-street parking for shopping center patrons;
(5)
Maintaining to the greatest extent possible natural vegetation and provide landscaping as an integral part of the overall design of the proposed use and parking areas;
(6)
Considering the impact of stormwater, noise, traffic and lighting on surrounding land uses and providing buffers to minimize adverse impacts; and
(7)
Being consistent with any design guidelines adopted by the Borough.
B.
Land development. Any proposed commercial establishment shall be considered a "land development" as defined by the Pennsylvania Municipalities Planning Code[1] and Chapter 300, Subdivision and Land Development, and shall comply in all respects with all the requirements for plan submission and content for land developments contained therein, as well as the information which follows. The Borough may also require any additional information, studies or reports as it deems necessary to meet the intent of this and other Borough ordinances.
(1)
Location, widths and names of all existing or prior platted streets and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, houses or permanent easements, and zoning and municipal boundary lines within 500 feet of the tract;
(2)
A traffic flow chart showing circulation patterns from the public right-of-way and within the confines of the shopping center.
(3)
Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes;
(4)
Location, arrangement and dimensions of automobile parking space, width of aisles, width of bays, angle of parking;
(5)
Location, arrangement and dimensions of truck loading and unloading spaces and docks;
(6)
Location and dimensions of pedestrian entrances, exits, walks;
(7)
Location, height and materials of walls, fences, screen plantings, and other landscaped areas.
(8)
Preliminary architectural drawings for all buildings;
(9)
Location, size, height and orientation of all signs other than signs flat on building facades.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Site design process. The applicant shall demonstrate to the Borough, by the submission of the necessary land development site plans, that the commercial establishment has been designed as follows:
(1)
Mapping of conservation areas [see § 400-19D(4)(a)] to identify all areas of the site which will remain undisturbed, along with noting site development practices which will be used to assure nondisturbance.
(2)
Locating the building site.
(3)
Locating required buffers.
(4)
Laying out street access, parking/loading areas, and other required or proposed improvements.
D.
Ownership. The site proposed for any multiple-occupant commercial establishment shall be held in single ownership or in unified control, and the applicant shall provide to the Borough evidence of said ownership and/or control.
§ 400-29 Performance standards applicable to all uses in all districts.
The intent of this § 400-29 is to regulate the development and operation of all development in the Borough and to protect the environment and the public health, safety and general welfare. No land or building shall be used or occupied in such manner which creates any dangerous, injurious, noxious or otherwise objectionable condition in such amount to adversely affect the surrounding area, and any such activity is hereby declared to be a public nuisance. However, any use permitted by this chapter may be undertaken and maintained if it conforms to all applicable requirements of this chapter, including the standards in this § 400-29 which are intended to limit nuisance elements. The following performance standards shall apply to all proposed new or expanded nonresidential uses and residential uses explicitly referenced by a specific section.
A.
Yards and buffers.
(1)
Unless otherwise regulated by this chapter, where a commercial or manufacturing use is proposed contiguous to any R-1 or R-2 District or any existing residential structure not in the R-R District, the minimum size of the abutting yard shall be increased by 50%, and a landscaped buffer not less than five feet in width in the C-1 District and 10 feet in width in other districts shall be provided in accord with this § 400-29A. Storage of equipment, supplies, products or any other materials shall not be permitted in any front yard or side yard.
(2)
In the case of conditional uses and special exceptions, landscaped buffers may be required by the Borough in any yard in order to assure the protection of adjoining uses by providing visual barriers that block the glare of lights; reduce noise; serve as a protective barrier by blocking physical passage to dangerous areas; reduce air pollution, dust and litter; and to otherwise maintain and protect the rural character of the district.
(a)
In determining the type and extent of the buffer required, the Borough shall take into consideration the design of the project structure(s) and site; topographic features which may provide natural buffering; existing natural vegetation; and the relationship of the proposed project to adjoining areas.
(b)
Additional buffer width may be required for conditional uses and special exceptions.
(c)
A mix of ground cover and shrubbery vegetation and canopy trees, of such variety compatible with the local climate, may be required so that a dense screen not less than six feet in height will be formed within three years of planting.
(d)
Berms and landscaped walls or fences compatible with the principal building design may be incorporated in the required buffer. Front-yard buffers shall be provided in the same manner to a height of not less than four feet; however, all clear sight triangles shall be maintained.
(e)
In any case, special consideration shall be given to existing residential uses and sites where residential uses are likely to be developed. In cases where the adjoining use is a commercial use or when two or more adjacent properties are developed under a common site plan, the width and density of the buffer may be reduced if the Borough shall determine that the proposed use and adjoining use(s) are not incompatible.
(f)
Design details of buffers shall be included on the site plan, and buffers shall be considered "improvements" for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 300, Subdivision and Land Development. It shall be the responsibility of the property owner to maintain all buffers in good condition and replace any dying or dead plants or deteriorating landscape material.
B.
Landscaping. A landscaping plan for the proposed project shall be prepared by the developer for review and approval by the Borough. Landscaping shall be considered an improvement for the purposes of regulation by Chapter 300, Subdivision and Land Development. The landscaping plan shall include the overall design of the landscaping proposed, the type and size of vegetation to be utilized, and details of installation. Landscaping shall be installed to the following minimum standards:
(1)
All disturbed areas of the site shall be included in the landscaping plan, and those areas immediately adjacent to buildings and walkways shall be given extra consideration.
(2)
Adequate pedestrian walkways shall be provided for access from parking areas and to common use areas and shall be an integral part of the landscaping, and shall be consistent with the architectural type of the project, and shall be a minimum of four feet in width.
(3)
Plants shall be of a type which are proven successful in the Borough's climate.
(4)
Where landscaping is required to serve as a buffer (e.g., between the project and adjoining properties or between buildings and parking areas), the plants used shall be of the evergreen type and of adequate size to provide an effective buffer within a reasonable number of years.
(5)
The variety of landscape materials shall be consistent with building architecture and the surrounding area, and plant type shall be appropriate for the size and location of the space it is to occupy.
(6)
All unusable areas in and around parking areas shall be landscaped.
(7)
Attractive natural features of the site, including mature trees, shall be preserved to the greatest extent possible.
(8)
Plastic landscape materials shall not be used in place of live trees, shrubs, ground cover or other vegetation.
(9)
All trees to be planted shall have a trunk diameter of at least two inches as measured one foot above the ground.
(10)
Ground cover shall be spaced to allow for complete fill-in within one year of the date of planting.
(11)
Adequate soil preparation in accord with accepted landscape industry practices shall be required.
(12)
All landscaping shall be maintained in good growing condition by the property owner.
C.
Operations and storage.
(1)
All facilities and operations of any principal use, including the storage of raw material, finished products, fuel, machinery and equipment and any other materials or supplies, shall be enclosed and carried out within a building or shall, as required by the Borough for conditional uses and special exceptions, be provided with larger setbacks and/or buffers to afford protection to adjoining uses and any public road rights-of-way. Unenclosed uses and activities shall, in any case, be a minimum of 100 feet from any existing residential structure or any R-R, R-1 or R-2 District, unless a greater setback is required by the Borough. Storage of equipment, supplies, products or any other materials shall not be permitted in any front yard or side yard.
(2)
Storage of materials, supplies or products in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted. Trailers, painted one color without advertising and maintained in good condition, may be used as accessory structures, provided all wheels and axles are removed; the trailers are erected and maintained as structures and are screened from view from adjoining properties in accord with § 400-29A of this chapter. Trailers, painted one color without advertising and maintained in good condition, shall be permitted for storage for a temporary period on the site of an ongoing construction project. The placement of said trailers shall be for a specified time as stated in the required permit from the Borough; shall meet the setback requirements of this chapter; and shall not be used for the storage of any flammable or hazardous material except in accord with applicable state and federal regulations.
D.
Fire and explosion hazards. All activities involving any manufacturing, production, storage, transfer or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire-suppression equipment and devices standard in the industry shall be required. Burning of waste materials in open fires is prohibited. The relevant provisions of federal, state and local laws and regulations shall also apply. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer for review by the local fire company(ies). In the case of conditional uses and special exceptions, larger setbacks, additional buffer areas or fencing may be required by the Borough if the nature of the proposed use, as determined by the Borough, so requires.
E.
Radioactivity or electric disturbance. No activities shall be permitted which emit dangerous radioactivity, electrical disturbance or electromagnetic radiation adversely affecting the operation of any person or any equipment other than that of the creator of such disturbance. All applicable federal regulations shall apply.
F.
Noise.
(1)
Maximum permissible sound levels.
(a)
No person shall operate or cause to be operated on property any source of continuous sound (any sound that is steady, 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 that exceeds the limits set forth for the receiving land use category in the following Maximum Sound Levels Table when measured at the property line of the receiving land use.
Maximum Sound Levels | ||||
|---|---|---|---|---|
Category Limits (dBA) | ||||
Period | Commercial | Manufacturing | All Others | |
Monday to Saturday, 7:00 a.m. to 9:00 p.m. | 65 | 70 | 60 | |
Saturday, 9:00 p.m. to Monday. 7:00 a.m. Monday to Friday, 9:00 p.m. to 7:00 a.m. Legal holidays, 12:00 Midnight to 12:00 Noon | 60 | 70 | 50 | |
(b)
The maximum sound levels listed in the Maximum Sound Levels Table above do not apply to the following noise sources:
[1]
Emergency alerts.
[2]
Emergency work to provide electricity, water or other public utilities when public health or safety is involved.
[3]
Snow removal or road repair.
[4]
Domestic power tools between 8:00 a.m. and 9:00 p.m.
[5]
Explosives and construction operations between 7:00 a.m. and 6:00 p.m., Monday through Saturday.
[6]
Agriculture and forestry operations between 6:00 a.m. and 9:00 p.m.
[7]
The operation of legally registered and inspected motor vehicles designed for use on public highways.
[8]
Public celebrations authorized by the Borough.
[9]
Railroads.
[10]
The unamplified human voice.
[11]
Outdoor sports or entertainment activities approved by the Borough.
(2)
For any source that emits a pure tone, the maximum sound level limits in the table above shall be reduced by five dBA. For any source that 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 specification SI.4-1971, as amended.
G.
Vibration. No vibration shall be permitted which is detectable without instruments at or beyond the property line, and no use shall generate any vibration which is capable of causing damage to buildings, structures, equipment alignment or structural soundness. This requirement shall not apply to occasional blasting conducted in accord with applicable regulations that may be necessary during construction of streets, structure and utilities.
H.
Lighting and glare. The standards of this § 400-29H shall apply to all uses, including residential and agricultural.[1]
(1)
Purpose. The standard established in this section sets forth criteria to require and set minimum standards for outdoor lighting to:
(a)
Provide lighting in outdoor public places where public health, safety and welfare are potential concerns.
(b)
Protect drivers and pedestrians from the glare of nonvehicular light sources that shine into their eyes and thereby impair safe traverse.
(c)
To protect the privacy of property owners by limiting the potential for glare and light trespass from poorly aimed, placed, applied, maintained or shielded outdoor lighting installations located on adjacent properties and roadways.
(d)
To set forth outdoor lighting requirements which are consistent with lighting industry standards and practices, available technologies, and the lighting sciences.
(2)
Application. Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse, including but not limited to multiple-family dwelling unit, commercial, industrial, public recreational and institutional uses. The Board of Supervisors may require lighting to be incorporated for other uses or locations, as it deems necessary. The glare-control requirements in this section apply to lighting in all above-mentioned uses as well as sign, architectural, landscaping and residential lighting. Lighting shall be controlled in both height and intensity to maintain community character, and lighting designs shall be an inherent part of the project design. The standards of the Illuminating Engineering Society (IES) shall be used as a guideline for the said design. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site, and all required lighting shall be considered improvements for the purpose of regulation by Chapter 300, Subdivision and Land Development.
(3) CANDELA CANDELA DISTRIBUTION CANDLEPOWER CUTOFF(a) (b) (c) (d) FLOODLIGHT FOOTCANDLE FULLY SHIELDED LIGHT FIXTURE GLARE(a) (b) (c) (d) (e) ILLUMINANCE ILLUMINATION LAMP LIGHT LIGHT TRESPASS LUMEN LUMINAIRE LUMINANCE LUX NADIR NIGHTTIME SPOTLIGHT
Definitions. As used in this section, the following terms shall have the meanings indicated:
Unit of luminous intensity, describing the intensity of a light source in a specific direction.
A curve, often on polar coordinates, illustrating the variation of luminous intensity of a lamp or luminaire in a plane through the light center.
Luminous intensity expressed in candelas A measure of luminous intensity of a light source in a specific direction, measured in candelas.
A light distribution where a negligible amount of light is permitted at a horizontal plane located at the bottom of a luminaire. Light above the horizontal plane at the bottom of a luminaire is not limited, but cutoff luminaires usually have very little light above the luminaire.
FULL CUTOFFA light distribution where no light is permitted at or above a horizontal plane located at the bottom of a luminaire. There will be little or no light at the angles that are usually associated with glare.
SEMICUTOFFA light distribution where slightly more light is permitted at a horizontal plane located at the bottom of a luminaire than the cutoff distribution. Like cutoff, light above the horizontal plane at the bottom of a luminaire is not limited, but the amount of light above the luminaire is relatively small.
NONCUTOFFA light distribution that can produce considerable light above the horizontal plane located at the bottom of a luminaire.
CUTOFF ANGLE (OF A LUMINAIRE)The angle, measured up from the nadir (i.e., straight down), between the vertical axis and the first line of sight at which the bare source (the bulb or lamp) is not visible.
A fixture designed to "flood" a well-defined area with light.
A unit of illuminance. The English measurement unit of illuminance (or light level) on a surface. One lumen is equal to one footcandle per square foot. A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter; aka, footcandle or light meter. One footcandle is equal to 10.76 lux; one lux is equal to 0.093 footcandle.
A light fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizon.
Light that hinders or bothers the human eye. The sensation produced by luminances within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance or visibility. The degree of glare is described as such:
BLINDING GLAREGlare that is so intense that, for an appreciable length of time after it has been removed, no object can be seen.
DIRECT GLAREGlare resulting from high luminances or insufficiently shielded light sources in the field of view.
DISABILITY GLAREThe effects of stray light in the eye whereby visibility and visual performance is significant enough to keep a person from seeing adequately.
DISCOMFORT GLAREGlare that produces discomfort. It does not necessarily interfere with visual performance or visibility.
REFLECTED GLAREGlare resulting from reflections of high luminances in polished or glossy surfaces in the field of view.
The quantity of light measured in footcandles or lux. A term that quantifies light striking a surface or a plane point. It is expressed either in lumens per square foot (footcandles/the English unit) or lumens per square meter (lux/the metric unit). The areal density of the luminous flux incident at a point on a surface. One footcandle is equal to 10.76 lux; one lux is equal to 0.093 footcandles.
An alternative term for "illuminance." Commonly used in a qualitative or general sense to designate the act of illuminating or the state of being illuminated.
A generic term for a man-made source of light.
Radiant energy that is capable of exciting the retina and producing a visual sensation. The visible portion of the electromagnetic spectrum extends from about 380 to 770 nanometers.
Light emitted by a lighting installation which extends beyond the boundaries of the property on which the installation is sited; spill light; obtrusive light; undesirable illumination, including the following examples:
Unit of measurement of luminous flux representing the quantity of light being produced by a lamp or emitted from a luminaire.
A complete lighting unit consisting of one or more lamps (light sources), together with the parts designed to control the light distribution and other mechanical and electrical components.
A term that quantifies directional brightness of a light source (e.g., a lamp, luminaire, reflecting material) or of a surface that is illuminated and reflects light. The emitted or reflected light from a surface relates directly to perceived "brightness." The unit of luminance is the candela per square meter (cd/m2). Measurable with a luminance meter.
A unit of light intensity stated in lumens per square meter. There are approximately 10.76 lux per footcandle.
The point directly below the luminaire when the luminaire is pointed down (zero-degree angle).
The hours between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the center of the sun's disk is 6° below the horizon and begins in the morning when the center of the sun's disk is 6° below the horizon.
A fixture designed to light only a small, well-defined area.
(4)
Criteria.
(a)
Illumination levels for nonresidential uses. Illumination of nonresidential uses, where required by this chapter, shall have intensities and uniformity ratios in accordance with the most current recommended practices of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook, from which typical uses are presented in the following table.
(b)
Outdoor light standards for all uses.
[1]
Any lamp over 2,000 initial lumens installed shall be fully shielded such that the lamp itself is not directly visible from any other residential property.
[2]
The use of more than one luminaire or lamp of 2,000 initial lumens for the purpose of illuminating the same area shall not be permitted.
[3]
Examples of lamp types of 2,000 lumens and below are 100-watt standard incandescent; 15-watt cool white fluorescent; 15-watt compact fluorescent; 18-watt low-pressure sodium.
(5)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting application.
(b)
For lighting horizontal tasks such as roadways, sidewalks, entrances and parking areas, fixtures shall meet full cutoff criteria (no light output emitted above 90° at any lateral angle around the fixture).
(c)
Fixtures shall be equipped with or be modified to incorporate 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.
(6)
Control of nuisance and disabling glare.
(a)
All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(b)
All outdoor lighting fixtures shall be fully shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light-emitting element, so that direct light emitted above the horizontal plane is eliminated.
(c)
Floodlights and spotlights shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent uses, skyward or onto a public roadway. Floodlights or spotlights must be aimed no higher than 45° above straight down (halfway between straight down and straight to the side) when the source is visible from any off-site residential property or public roadway. The use of searchlights or laser source lights for advertising or entertainment purposes is prohibited.
(d)
To mitigate nuisance glare and sky-lighting consequences, automatic switching devices such as time clocks or combination motion detectors and photocells, to permit the extinguishing of outdoor lighting fixtures, is preferable.
(e)
All illumination for advertising signs, buildings and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and sunrise, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business and until one hour after closing.
(f)
Illumination for flagpole lighting may not exceed 10,000 lumens.
(g)
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture-mounting height, wattage, aiming angle and fixture placement.
(h)
Externally illuminated signs and billboards shall use only fixtures mounted at the top of the sign and aimed downward. Such fixtures shall be automatically extinguished between the hours of 11:00 p.m. and dawn except as specifically approved by appropriate officers or agents of the Borough.
(i)
Directional fixtures for such applications as facade, fountain, feature and landscape illumination shall be aimed downward so as not to project their output beyond the objects intended to be illuminated. Additionally, they shall be extinguished between the hours of 11:00 p.m. and dawn.
(j)
The use of white strobe lighting, flashing, flickering or pulsating for tall structures such as smokestacks, chimneys and radio/communications/television towers is prohibited during nighttime hours, except as may be required by the Federal Aviation Administration or other governmental agency.
(7)
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance, subject to the following:
(a)
Unless minor corrective action is deemed by the Borough to be an acceptable alternative, a nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this chapter, when:
(b)
Nonconforming lighting fixtures and lighting installations shall be made to conform with the requirements of this chapter or removed within seven years after the effective date of this chapter.
(8)
Exemptions.
(a)
Emergency lighting, used by police, firefighting or medical personnel, or at their direction, is exempt from all requirements of this code for as long as the emergency exists.
(b)
Temporary lighting installations, which include but are not limited to, seasonal or holiday displays, carnivals, community fairs, traveling circuses, may be employed on a temporary basis not to exceed 30 days in duration.
I.
Smoke. Smoke, fumes, gas, dust or any other atmospheric pollutant not in compliance with PA DEP requirements.
J.
Odors. No emission shall be permitted of odorous gases or other odorous matter not in compliance with PA DEP requirements.
K.
Surface water and groundwater protection. All activities involving the possible contamination of surface water or groundwater shall be provided with adequate safety devices to prevent such contamination. In cases where any earth disturbance will result in the excavation of bedrock, the Borough may require the applicant to submit a report from a qualified engineer or geologist detailing the geologic structure of the area proposed to be disturbed and identifying the probable impacts on groundwater supply and quality. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and details of planned safety devices and contamination response actions shall be provided by the developer. The Borough may require a plan to be submitted for review and approval and may require security for ensuring contamination response. Monitoring wells and water quality testing may also be required by the Borough. The developer shall also provide details about the use of groundwater and any processes that could result in the depletion of groundwater supplies. No use shall be permitted which would result in the depletion of groundwater supplies. In cases where the use is of such a nature that large volumes of groundwater are required, the developer shall provide appropriate hydrogeologic studies which clearly establish that the proposed use will not cause a reduction in the quantity or the quality of groundwater supplies available to other properties located within 1,000 feet of any portion of the property where the proposed use will be located.
L.
Stormwater management and soil erosion control.
(1)
A stormwater management plan and soil erosion control plan may be required for review and approval. Said plan shall be prepared and implemented pursuant to the standards contained in Chapter 300, Subdivision and Land Development, or other applicable Borough regulations and County Conservation District standards, and shall be based on generally accepted engineering principles appropriate for the proposed use.
(2)
The protection of the quality of groundwater and surface water shall be an integral part of all proposed stormwater management practices, and all stormwater management plans shall include an element specifically addressing water quality. The plan shall provide for the minimization of the discharge of "first flush" sediments off the project site or directly to infiltration structures. Containment of "first flush" sediments shall be accomplished by accepted and proven engineering design and practice, including but not limited to the use of grass buffer/filter strips, grass swales, detention basins, sediment traps, and special inlet devices.
M.
Waste materials. No liquid, solid, toxic or hazardous waste shall be stored or disposed in any commercial area, either above or below ground level, except for the temporary storage thereof pending removal from the premises. Such temporary storage and handling of waste shall be in a designated area and shall be conducted in compliance with all applicable state and federal regulations in order to prevent any water, soil or air contamination and shall be screened from view of adjoining properties and any public road right-of-way by fencing or other buffers. In addition, no waste discharge is permitted into any reservoir, sewage or stormwater disposal system, stream, open body of water or onto the ground. All waste materials shall be disposed of only in accord with all applicable state and federal regulations, and applications for any use which results in waste materials regulated by the state or federal government shall include a list of all such wastes and the method of temporary storage, handling and disposal.
N.
Handicapped access. Access for handicapped persons to all uses shall be provided in accord with all applicable state and federal requirements.
O.
Settling and/or storage ponds and reservoirs. All ponds, reservoirs or other such structures which are associated with any manufacturing or industrial process, any sewage or waste disposal process, or an agricultural manure management operation shall be fenced or shall otherwise be physically controlled to prevent access by the public. Said fence shall be not less than four feet high and of a design to restrict access to the area to be controlled. Any such structure which contains any material which is poisonous, toxic or caustic shall be considered a conditional use, and the Borough Council shall, at a minimum, require that such structure be enclosed by a chain-link fence not less than eight feet high.
P.
Security. In cases where deemed necessary by the Borough (detention facilities and drug treatment centers, for example), the applicant shall provide a plan addressing security needs to protect the health and safety of the public as well as the occupants of the proposed facility. Such plan shall include a description of the specific services to be offered; types of patients and/or residents to be served; and the staff to be employed for this purpose. The plan shall identify the forms of security normally required with care of the type to be offered and detail the specific measures to be taken in the construction, development and operation of the facility so as to provide appropriate security. The plan shall, at a minimum, reasonably restrict unauthorized entry and/or exit to and from the property and provide for effective separation from adjoining residences by means of fencing, signs, or a combination thereof. The plan shall also address measures to ensure that lighting and noise is controlled, particularly with respect to loudspeakers or other amplification devices and floodlights.
Q.
Water supply. All uses shall be provided with an adequate and safe water supply, as demonstrated by evidence to be provided by the applicant documenting that the siting, density and design of all proposed residential, commercial, industrial and other developments or uses will assure the availability of reliable, safe and adequate water supplies to support the proposed land use(s) within the capacity of available water resources.
R.
Sewage disposal.
(1)
Sewage disposal shall be provided by a system meeting the needs of the proposed use and the requirements of the Borough and the Pennsylvania Department of Environmental Protection. Discharge to such system shall be limited to normal, domestic and human bodily wastes unless the treatment system has been specifically designed to handle other wastes or the wastes are pretreated in accord with Pennsylvania Department of Environmental Protection or local sewer authority requirements. No discharge of wastes, by-products or materials in any way associated with a production process, health care or veterinary facility medical wastes, funeral home wastes, or other commercial wastes shall be permitted to any subsurface, land-application or other soil-based sewage disposal system.
(2)
Any sewage treatment plant facilities shall be a minimum of 100 feet from any public or private road right-of-way or property line.
S.
Other regulations. The Zoning Officer, Planning Commission, Borough Council or the Zoning Hearing Board, as the case may be, may require documentation from the applicant demonstrating that the project complies with all other applicable local, state and federal regulations, and said proposal has obtained all required permits, certifications and authorizations, including but not limited to those from the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Labor and Industry, the Federal Emergency Management Agency and the United States Environmental Protection Agency.[3]
§ 400-30 Environmental impact statement.
A.
The intent of this § 400-30 is to provide the identification of environmental and community impacts and means of mitigation of impacts of development projects in the Borough. The Borough Council, Planning Commission or Zoning Hearing Board, as the case may be, may, based upon the nature of a project and potential impacts on the Borough, require the developer to prepare and submit to the Borough an environmental impact statement (EIS) for the following types of developments and uses:
(1)
Industrial parks.
(2)
Light manufacturing or manufacturing or industrial uses.
(3)
Junkyards.
(4)
Natural resource uses.
(5)
Natural resource uses processing.
(6)
Agricultural products processing.
(7)
Solid waste facilities and staging areas.
(8)
Warehouses and trucking terminals.
(9)
Any use involving the initial or cumulative disturbance of 87,120 or more square feet of soil surface areas.
(10)
Any use involving the initial or cumulative construction, installation and/or placement of 43,560 square feet or more of buildings, structures or other impervious surface areas.
(11)
Any use involving development in any floodplain area.
B.
The requirements of this § 400-30 may be applied to any other proposed conditional use or special exception which, for reasons of location, design, existing traffic or other community or environmental considerations, as determined by the Borough, warrants the application of the study required as contained herein in order to determine what conditions should be required to mitigate any adverse effects of the proposed use. The Borough Council, Planning Commission or Zoning Hearing Board, as the case may be, may waive certain components of the EIS should such components be deemed unnecessary for certain uses.
C.
Purpose of EIS. The purpose of the EIS is to disclose the environmental consequences of a proposed action for consideration by the Borough for the determination of approval or denial of the project and, if the project is approved, for the establishment of conditions of approval. This requirement is made in order to protect the natural environment with respect to water quality, water supply, soil erosion, pollution of all kinds, flooding and waste disposal, and to preserve trees and vegetation, to protect watercourses, air resources and aquifers.
D.
Contents of EIS.
(1)
an environmental impact statement shall include a description of the proposed use, including location in relationship to other projects or proposals, with adequate data and detail for the Borough to assess the environmental impact. The EIS shall also include a comprehensive description of the existing environment and the probable future effects of the proposal. The description shall focus on the elements of the environment most likely to be affected as well as potential regional effects and ecological interrelationships.
(2)
At a minimum, the EIS shall include an analysis of the items listed below regarding the impact of the proposed use and the mitigation of any such impacts, and said proposal shall comply with all other standards included in this chapter and other Borough ordinances:
(b)
Surface waters.
[1]
Distance of site from nearest surface water and headwaters of streams.
[2]
Sources of runoff water.
[3]
Rate of runoff from the site.
[4]
Destination of runoff water and method of controlling downstream effects.
[5]
Chemical additives to runoff water on the site.
[6]
Submission of an erosion and sediment control plan meeting the requirements of the PA DEP and the Lackawanna County Conservation District.
(c)
Ground cover, including vegetation and animal life.
(d)
Topographic and geologic.
[1]
Maximum existing elevation of site.
[2]
Minimum existing elevation of site.
[3]
Maximum proposed elevation of site.
[4]
Minimum proposed elevation of site.
[5]
Description of the topography of the site and any special topographic features and any proposed changes in topography.
[6]
Surface and subsurface geology.
(g)
Sewage disposal.
[1]
Sewage disposal system (description and location on the site of system).
[2]
Expected content of the sewage effluent (human waste, pesticides, detergents, oils, heavy metals, other chemicals).
[3]
Expected daily volumes of sewage.
[4]
Affected sewage treatment plant's present capacity and authorized capacity.
(l)
Critical impact areas. Any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, slopes greater than 15%, highly acid or highly erodible soils, areas of high water table, and mature stands of native vegetation and aquifer recharge and discharge areas.
(m)
Historic resources. Identification of structures or sites of historic significance and probable effect of project.
(n)
Transportation network. Existing network traffic volumes and capacities and need for improvements required by project.
(o)
Law enforcement. Existing law enforcement capabilities of the Borough and state, and assessment of the impact of the proposed development on said law enforcement agencies along with actions proposed to mitigate any burdens created by the development.
(p)
Community facilities and services. Existing community facilities and services and how the proposed use will affect those facilities and services, including projected needs for additional facilities and services.
(q)
Economic and other social impacts. The local economy and social structure and how the proposed use is likely to affect it.
(r)
Additional requirements. In addition to the above requirements, the Planning Commission and/or Borough Council or the Zoning Hearing Board may require such other information as may be reasonably necessary for the Borough to evaluate the proposed use for its effect on the community.
E.
Additional considerations. The following shall also be addressed:
(1)
A description of alternatives to the proposed use.
(2)
A statement of any adverse impacts which cannot be avoided.
(3)
Environmental protection measures, procedures and schedules to minimize damage to critical impact areas during and after construction.
(4)
A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each.
(5)
A listing of steps proposed to minimize environmental damage to the site and region during and after construction.
F.
Qualifications. The EIS shall be prepared by a professional architect, landscape architect, planner, engineer or other qualified individual whose qualifications have been previously approved by the Borough Council or the Zoning Hearing Board, as the case may be.
G.
Procedures for evaluating the environmental impact statement shall be as follows:
(1)
Upon receipt of the application, the Borough shall forward the EIS to the Borough Engineer and any other agency or firm which the Borough may desire for consultation.
(2)
The above-mentioned agencies shall review the applicant's EIS and shall report their comments to the Planning Commission and Borough Council or Zoning Hearing Board.
(3)
The Planning Commission and/or Borough Council or Zoning Hearing Board may require the opinion of experts in its review of the EIS.
(4)
Fees for the costs of such consultation, as described in § 400-30G(1) and (3) above, shall be paid by the applicant.
(5)
Copies of the EIS shall be on file and available for inspection in the Borough office.
(6)
The Planning Commission shall evaluate the proposed project and the EIS and recommend action on same to the Borough Council or Zoning Hearing Board.
§ 400-31 Special conservation standards.
All uses permitted by this chapter shall be subject to the following special conservation performance standards, which shall apply to any lands that are characterized as steep slopes, wetlands or floodplains. The procedures and standards are as follows:
A.
Steep slope areas. Steep slopes shall be defined as slopes in excess of 25% grade, as determined by the Zoning Officer from United States Geological Survey topographic maps or NRCS soil maps. In cases where the slope cannot be specifically determined by said means, the Zoning Officer may require the applicant to provide certification from a professional engineer or registered land surveyor of the slope in question. Slope shall be measured at the points where any earth will be disturbed or where structures or other improvements are proposed. Any use or development of such steep slope areas shall be considered a conditional use, and in reviewing applications for use of sites partially or wholly included within an area identified as steep-sloped, the Borough Council and Planning Commission shall be satisfied that the following performance standards have been or will be met:
(1)
An accurate map prepared by a registered surveyor in the Commonwealth of Pennsylvania has been submitted showing property boundaries, building and drive locations, contours at two-foot intervals and any areas to be graded. The proposed location of other factors shall also be shown, including streams, wetlands, areas subject to landslides and extent of vegetative cover.
(2)
A grading and drainage plan has been prepared showing existing and proposed ground surfaces, plans for drainage devices, plans for walls or cribbing, etc., map of the drainage area affected, computation of the amount of runoff expected, an erosion control plan and schedule for completion of work.
(3)
Impervious surfaces are kept to a minimum.
(4)
No finished grade where fill is used shall exceed a fifty-percent slope.
(5)
Where fill is used to later support structures, a minimum compaction of 90% of maximum density shall be achieved.
(6)
At least 50% of the area to be used for any building or construction purposes shall be less than fifteen-percent slope.
(7)
Soils characterized by the Natural Resources Conservation Service as highly susceptible to erosion shall be avoided.
(8)
Roads and utilities shall be installed along existing contours to the greatest extent possible.
(9)
Any steep slope areas also characterized by seasonal high-water tables shall be avoided.
(10)
Natural vegetation shall be preserved to as great a degree as possible.
(11)
In cases where structures are proposed, the applicant shall submit plans to the Zoning Officer detailing how the limitations of slope will be mitigated by the design of the structure(s).
B.
Wetlands. If the Borough determines that wetlands may be present or may be impacted by the proposed development, the Borough may require wetlands, as defined and regulated by the Pennsylvania Department of Environmental Protection, the United States Army Corps of Engineers and the United States Fish and Wildlife Service, to be delineated on any application proposing a new use or expanded use of land. The applicant shall be responsible for said delineation and shall warrant that said wetlands have been properly delineated. If no wetlands are present, the applicant shall provide a certified statement to that effect. No development shall be undertaken by the applicant except in accord with all state and federal wetland regulations, and the applicant shall provide to the Borough evidence of such compliance. No zoning approval granted by the Borough shall in any manner be construed to be an approval of compliance by the applicant with any state or federal wetland regulations, and the Borough shall have no liability or responsibility to the applicant or any other person for compliance with said regulations.
C.
Buffer for water bodies. For the purposes of protecting water quality and ensuring recreational access to water bodies, a buffer zone/building setback of not less than 25 feet shall be maintained from any body of water or stream, unless a greater setback is required by other Borough regulations. No buildings, structures (except uncovered docks), sewage disposal systems or other impervious surfaces (except approved boat launches and street and driveway crossings) shall be constructed or placed within these buffer zones. In residential subdivisions, this strip shall be protected via a protective easement.