Monroeville City Zoning Code
ARTICLE IV
Overlay Districts
§ 359-35 Purpose of Floodplain Overlay (FPO) District.
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Council of the Municipality of Monroeville does hereby order as follows:
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
§ 359-36 Floodplain Overlay (FPO) District general provisions.
A.
Intent. The intent of the Floodplain Overlay District is to meet the requirements of the National Flood Insurance Program Section 60.3(d), the Pennsylvania Flood Plain Management Act (Act 166-1978)[1] and the associated regulations adopted by the Pennsylvania Department of Community and Economic Development pursuant to that Act. The Floodplain Overlay District is also intended to:
(1)
Promote the general health, welfare, and safety of the community by minimizing the loss of life, health hazards and property damage which may be caused by floods;
(2)
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;
(3)
Minimize danger to public health by protecting water supply and natural drainage;
(4)
Reduce financial burdens imposed on the community, its governmental units, and its residents by preventing excessive development in areas subject to flooding;
(5)
Comply with federal and state floodplain management requirements; and
(6)
Maintain the existing hydrologic regime through the sound management of floodplains for their capacity to convey, transport, store and dissipate flood flow volumes and velocities, to protect water quality and to maintain stream channel stability.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Applicability.
(1)
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within a floodplain or floodway area within the Municipality of Monroeville unless a permit has been obtained from the Floodplain Administrator.
C.
Abrogation and greater restrictions.
(1)
This chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.
D.
Severability.
(1)
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and for this purpose, the provisions of this chapter are hereby declared to be severable.
E.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages.
(2)
This chapter shall not create liability on the part of the Municipality of Monroeville or any officer or employee thereof for any flood damages that result from reliance on this chapter, or any administrative decision lawfully made thereunder.
§ 359-37 Floodplain Overlay (FPO) alteration or relocation of watercourse.
A.
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities, which may be affected by such action, have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection Regional Office.
B.
No encroachment, alteration, or improvement of any kind shall be made to any watercourse, unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way and the purpose of the project is for improvement floodplain restoration.
C.
In addition, FEMA and the Pennsylvania Emergency Management Agency (PEMA), shall be notified prior to any alteration or relocation of any watercourse.
(1)
When a community proposes to permit the following encroachment:
(a)
Any development that causes a rise in the base flood elevations within the floodway; or
(b)
Any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or
(c)
Alteration or relocation of a stream (including but not limited to installing culverts and bridges);
(d)
The applicant shall (as per 44 CFR 65.12):
[1]
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
[2]
Upon receipt of the Administrator's conditional approval of map change and prior to approving the proposed encroachments, the Municipality shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
[3]
Upon completion of the proposed encroachments, the Municipality shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.
§ 359-38 Floodplain Overlay (FPO) District administration.
A.
Designation of the Floodplain Administrator.
(1)
The Zoning Officer is hereby appointed to administer and enforce this article IV, and is referred to herein as the "Floodplain Administrator." The Floodplain Administrator may:
(a)
Fulfill the duties and responsibilities set forth in this article;
(b)
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
(c)
Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of this article. Administration of any part of this article by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(2)
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Mayor of the Municipality of Monroeville.
B.
Permits required.
(1)
A permit shall be required before any construction or development is undertaken within any area of the Municipality of Monroeville.
C.
Duties and responsibilities of the floodplain administrator.
(1)
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[1] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et seq., respectively.
(3)
In the case of existing structures, prior to the issuance of any permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any cumulative substantial damage issues can be addressed before the permit is issued.
(4)
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(5)
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Article IV. In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Municipal Council for whatever action it considers necessary.
(6)
The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this Article IV, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(7)
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.
(8)
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the Floodplain Administrator.
(9)
The Floodplain Administrator shall consider the requirements of Ch. 34 of the Pa. Code, the 2018 IBC, the 2018 IRC, or latest revisions thereof.
D.
Application procedures and requirements.
(1)
Application for a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Municipality of Monroeville. Such application shall contain the following, at a minimum:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction is to occur.
(c)
Name and address of contractor.
(d)
Site location, including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.
(g)
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(a)
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(d)
Structures will be anchored to prevent floatation, collapse, or lateral movement;
(e)
Building materials are flood-resistant;
(f)
Appropriate practices that minimize flood damage have been used; and
(g)
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 50 feet or less on drawing sheets measuring 24 inches by 36 inches, showing the following:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines, if available;
[3]
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
[4]
The location of all existing streets, drives, and other accessways; and
[5]
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
[1]
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
[2]
The elevation of the base flood;
[3]
Supplemental information as may be necessary under Ch. 34 of the Pa. Code, the 2018 IBC or the 2018 IRC.
(d)
The following data and documentation:
[1]
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[2]
Documentation, certified by a registered professional engineer, to show that the cumulative effect of any proposed development within any identified floodplain area, § 359-39, when combined with all other existing and anticipated development, will not increase the base flood elevation.
[3]
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[4]
Detailed information needed to determine compliance with § 359-40C(4)(b), regarding storage, and § 359-40C(4), Development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 359-40C(4)(b), regarding storage, and § 359-40C(4) which is intended to be used, produced, stored or otherwise maintained on-site.
[b]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 359-40C(4) during a base flood.
[5]
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[6]
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
(4)
Applications for permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
E.
Review by county conservation district.
(1)
A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.
F.
Review of application by others.
(1)
A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.
G.
Changes.
(1)
After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing and shall be submitted by the applicant to Floodplain Administrator for consideration.
H.
Placards.
(1)
In addition to the permit, the Floodplain Administrator shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the Floodplain Administrator.
I.
Start of construction.
(1)
Work on the proposed construction or development shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance of the development permit does not refer to the zoning approval.
(2)
The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
(3)
Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
(4)
For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(5)
Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with this article and FIRM/FIS in effect at the time the extension is granted.
J.
Enforcement.
(1)
Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Article IV, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;
(d)
Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;
(e)
Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this Article IV.
(2)
Penalties.
(a)
Any person who fails to comply with any or all of the requirements or provisions of this Article IV or who fails or refuses to comply with any notice, order or direction of the Floodplain Administrator or any other authorized employee of the Municipality shall be guilty of a summary offense and, upon conviction, shall pay a fine to the Municipality of Monroeville of $500 plus costs of prosecution. Each day that a violation is continued shall constitute a separate offense.
(b)
In addition to the above penalties all other actions are hereby reserved, including an action in equity for the proper enforcement of this Article IV.
(c)
The imposition of a fine or penalty for any violation of or noncompliance with this Article IV shall not excuse the violation or noncompliance or permit it to continue.
(d)
All such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time.
(e)
Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this Article IV may be declared by the Municipal Zoning Hearing Board to be a public nuisance and abatable as such.
K.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this Article IV may appeal to the Municipal Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.
(2)
Upon receipt of such an appeal, the Municipal Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code[2] and any other local ordinance(s).
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Any person aggrieved by any decision of the Municipal Zoning Hearing Board may seek relief there by appeal to court, as provided by the laws of this state including the Pennsylvania Flood Plain Management Act.[3]
[3]
Editor's Note: See 32 P.S. § 679.101 et seq.
(4)
Granting of a Municipal appeal will not relieve a landowner or a municipality from the obligation to comply with the minimum requirements of the National Flood Insurance Program. Landowners and municipalities that fail to meet the Program's minimum requirements, notwithstanding any appellate decision to the contrary, are in violation of the National Flood Insurance Program and remain subject to the accompanying penalties.
§ 359-39 Floodplain Overlay District identification of floodplain areas.
A.
Identification.
(1)
The identified floodplain area shall be:
(a)
Any areas of the Municipality of Monroeville, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 26, 2014, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study and;
(b)
Any community identified flood hazard areas.
(2)
The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the Municipality of Monroeville and declared to be a part of this Article IV.
B.
Description of identified flood hazard areas.
(1)
The identified floodplain area shall consist of the following specific areas:
(a)
The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
(b)
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
[1]
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
[2]
AE Area without floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.
(c)
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site. In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality.
(d)
Community identified flood hazard areas shall be those areas where the Municipality of Monroeville has identified local flood hazard or ponding areas, as delineated and adopted on a "local flood hazard map" using best available topographic data and locally derived information such as flood of record, historic high-water marks, soils or approximate study methodologies.
C.
Changes in identification of area.
(1)
The Identified Floodplain Area may be revised or modified by the Municipal Zoning Hearing Board where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available; a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See § 359-37C for situations where FEMA notification is required.
D.
Boundary disputes.
(1)
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Floodplain Administrator and any party aggrieved by this decision or determination may appeal to the Municipality of Monroeville Zoning Hearing Board. The burden of proof shall be on the appellant.
E.
Jurisdictional boundary changes.
(1)
Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.
§ 359-40 Floodplain Overlay District uses and provisions.
A.
Uses permitted by right.
(1)
The following shall be the only uses permitted in the identified floodplain area, providing that they do not require fill, structures, or the storage of materials or equipment, are not prohibited by any other ordinance, and meet all requirements of this chapter.
(a)
Agricultural uses, such as general farming, pasture, orchard, forestry, and wild crop harvesting, undertaken according to recognized soil conservation practices, excluding sod farming, removal of topsoil and any structures normally associated with agricultural uses.
(b)
Recreation uses that do not require structures such as park, picnic grounds with anchored picnic tables, golf courses, archery, hiking and riding trails, hunting fishing areas, as well as boat launching facilities and swimming areas.
(c)
Wildlife sanctuary, nature preserve, fish hatchery and arboretum, excluding any structures normally associated with such uses.
(d)
Residential and nonresidential yard areas, pervious parking areas, gardens and play areas.
(e)
New or replacement public or private utilities and facilities, such as water, storm drainage, sewer, gas and electrical lines, provided that no acceptable alternative location exists and that such systems or improvements are designed, located and constructed so as to be floodproofed or elevated at or above the regulatory flood elevation.
B.
Special exceptions.
(1)
The following uses when authorized as a special exception and provided that such uses are compatible with those permitted in an adjacent district, and further provided that any grading or filling of the soil does not substantially alter or reduce the cross-sectional area of the stream basin at the point of the proposed use and will not result in increasing the elevation of the base flood:
(a)
Circuses, festivals, and similar transient amusement enterprises, provided all required permits are obtained.
(b)
Waterlines and sealed wells.
(c)
Railroads, roads, bridges, and utility transmission lines.
(d)
Storm sewer outlet and sanitary sewer treatment plant outlet, which shall take the shortest route across the flood hazard area to point of discharge, and sewage pumping stations, provided that construction is floodproofed.
(e)
Dams and impoundment basins where approved by appropriate public agencies.
(f)
Docks and piers for boating.
(g)
Accessory uses customarily incidental to any of the foregoing.
C.
Prohibited.
(1)
Certain structures. All structures or development that will in any manner retard, divert or alter the natural flow of floodwaters on the site except activities permitted by the Pennsylvania Department of Environmental Protection under Title 25, Chapter 105, of the Pennsylvania Code, or conveyances required by Title 25, Chapter 102, of the Pennsylvania Code (see definition of "development:). Such structures may include but are not limited to fences, signs, walls, guide rails, etc., which may adversely affect floodwaters, may catch or collect water borne debris, or that might be carried downstream by floodwaters to damage downstream properties.
(2)
Within any floodway area no variance shall be granted for any new buildings or structures as defined in this Article IV as well as substantial improvements, additions, expansions, or enlargements of existing buildings.
(3)
Developments of special concern. The commencement of any of the following activities, or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities shall be prohibited and no variance shall be permitted:
(a)
Hospitals;
(b)
Nursing homes;
(c)
Jails, prisons, or detention centers;
(d)
Mobile homes;
(e)
Mobile home parks;
(f)
Manufactured homes;
(g)
Manufactured home parks;
(h)
Campgrounds for recreational vehicles;
(i)
Recreational vehicles; and
(j)
Municipal waste landfills.
(4)
Development which may endanger human life.
(a)
Within any identified floodplain area, any structure of the kind described in Subsection C(4)(b), below, shall be prohibited and no variance shall be permitted:
[1]
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure shall be subject to the provisions of this section, in addition to all other applicable provisions.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(b)
Will be used for the production or storage of any of the following dangerous materials or substances; or
[1]
Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or
[2]
Will involve the production, storage, or use of any amount of radioactive substances.
(c)
The following list of materials and substances are considered dangerous to human life:
[1]
Acetone;
[2]
Ammonia;
[3]
Benzene;
[4]
Calcium carbide;
[5]
Carbon disulfide;
[6]
Celluloid;
[7]
Chlorine;
[8]
Hydrochloric acid;
[9]
Hydrocyanic acid;
[10]
Magnesium;
[11]
Nitric acid and oxides of nitrogen;
[12]
Petroleum products (gasoline, fuel oil, etc.);
[13]
Phosphorus;
[14]
Potassium;
[15]
Sodium;
[16]
Sulfur and sulfur products;
[17]
Pesticides (including insecticides, fungicides, and rodenticides);
[18]
Radioactive substances, insofar as such substances are not otherwise regulated; and
[19]
Any other dangerous materials or substances as determined by the Municipality.
(5)
Prohibited except by variance.
(a)
Within any identified floodplain area (outside a floodway) any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Article IV, then the following provisions apply:
[1]
Any new construction, development, uses or activities allowed by right, special exception or variance, and located within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this Article IV and any other applicable codes, ordinances and regulations.
[2]
Sewage disposal. Community subsurface sewage disposal systems are prohibited unless a variance is obtained.
§ 359-41 Floodplain Overlay District general technical provisions.
A.
Within any identified floodplain area, a variance shall not be granted for encroachments, including fill, new construction, substantial improvements, other development, use or activity unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
B.
Within any floodway area, or within 50 feet top of bank of any watercourse, variances, uses by right or special exception shall not be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
C.
Elevation and floodproofing requirements.
(1)
All structures (except accessory structures) are prohibited. If a variance is obtained for development in the identified floodplain area (outside of the floodway) in accordance with the criteria in § 359-140, Variances, then the following provisions apply:
(a)
Residential structures.
[1]
In AE Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
[2]
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 359-39 of this Article IV.
[3]
The design and construction standards and specifications contained in the 2018 International Building Code (IBC) and in the 2018 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized where they are more restrictive.
(b)
Nonresidential structures.
[1]
In AE Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
[a]
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and;
[b]
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
[2]
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 359-39 of this Article IV.
[3]
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the WI or W2 space classification standards contained in the publication entitled "Flood Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.
[4]
Any nonresidential structure that will be floodproofed must submit the following to the Floodplain Administrator along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:
[a]
An inspection and maintenance plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected include at a minimum:
[i]
Mechanical equipment such as sump pumps and generators;
[ii]
Flood shields and closures;
[iii]
Walls and wall penetrations; and
[iv]
Levees and berms (as applicable).
D.
Flood emergency operation plan detailing the procedures to be followed during a flooding event and must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan must include the following:
(1)
An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.
(2)
A procedure for notification of necessary parties when flooding threatens and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned if the primary persons responsible are unable to complete their assigned duties under the plan.
(3)
A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary to properly install all floodproofing components must be included in the list.
(4)
An evacuation plan for all personnel or occupants; those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must be identified.
(5)
A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with community officials.
E.
The design and construction standards and specifications contained in the 2018 International Building Code (IBC) and in the 2018 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401 through 405 as amended) shall be utilized, where they are more restrictive.
(1)
Space below the lowest floor:
(a)
If a variance is granted, fully enclosed space below the lowest floor (excluding basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot above grade.
[3]
Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(2)
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this Article IV, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
(3)
Accessory structures.
(a)
Structures accessory to a principal building shall be elevated to the regulatory flood elevation without the addition of fill or floodproofed to remain dry, and shall comply, at a minimum, with the following requirements (a variance is not required):
[1]
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
[2]
Floor area shall not exceed 150 square feet. For accessory structures that are 150 square feet or larger in area (footprint) and that are below the base flood elevation, a variance is required as set forth in Article IV. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
[3]
The structure will have a low damage potential.
[4]
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
[5]
Power lines, wiring, and outlets shall be elevated to the regulatory flood elevation.
[6]
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
[7]
Sanitary facilities are prohibited.
[8]
Prohibit the storage of hazardous materials in accessory structures.
[9]
The storage of Hazardous materials is prohibited.
[10]
The structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[a]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[b]
The bottom of all openings shall be no higher than one foot above grade.
[c]
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
F.
Design and construction standards.
(1)
Fill. If a variance is obtained to place fill in an identified floodplain area in accordance with the criteria in § 359-140, Variances, then the following provisions apply and fill, if used, shall:
(a)
Consist of the minimum quantity and extent of fill necessary;
(b)
Consist of clean fill only; sanitary landfills shall not be permitted;
(c)
Be compacted and armored or reinforced to provide the necessary impermeability and resistance to erosion, scouring, or settling;
(d)
Be no steeper than one vertical foot to two horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by the Floodplain Administrator; and
(e)
Be used to the extent to which it does not adversely affect adjacent properties.
(2)
Stormwater drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner in accordance with all applicable Municipal stormwater control requirements. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties. The applicable provisions currently enforced in the IBC shall be utilized.
(3)
Water and sanitary sewer facilities and systems.
(a)
If a variance is granted, all new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages," and the International Private Sewage Disposal Code shall be utilized.
(4)
Other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6)
Parking lots. The finished elevation of all new parking lots shall be at the regulatory flood elevation.
(7)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 359-40C(4), Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(8)
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(9)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement;
(b)
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(10)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building. Plywood used at or below the regulatory flood elevation shall be of a "marine" or water-resistant variety.
(b)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(c)
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(11)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall be of a "marine" or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a "marine" or water-resistant paint or other finishing material.
(12)
Electrical components.
(a)
Electrical distribution panels shall be at least three feet above the base flood elevation.
(b)
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(13)
Equipment.
(a)
Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(b)
The standards and specifications pertaining to this subsection in the PA UCC, IBC, IRC and ASCE shall be utilized.
(14)
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(15)
Uniform construction code coordination.
(a)
The standards and specifications contained 34 Pa. Code (Chapters 401 through 405), as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this Article IV, to the extent that they are more restrictive and supplement the requirements of this chapter.
(b)
International Building Code (IBC) 2018 or the latest edition thereof, Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(c)
International Residential Building Code (IRC) 2018, or the latest edition thereof, Sections R104, R105, R109, R322, Appendix E and Appendix J.
§ 359-42 Floodplain Overlay District existing lots or parcels of record and newly created lots or parcels.
A.
Existing lots or parcels of record. In the case where an existing lot or parcel of record is located wholly within an identified flood plain area, or where the usable area of a lot or parcel partially within any identified flood plain area is found to be inadequate for the proposed development. The development may only be permitted by variance in accordance with § 359-140, Variances;
B.
Newly created lots or parcels.
(1)
All subdivision proposals and development proposals in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
(2)
After the effective date of this chapter, every lot or parcel created for development purposes shall contain an area adequate for the proposed use outside of an identified flood plain area. The subdivision plan and deed for any such lot or parcel shall include a restriction that the lot or parcel shall not be used for any development which does not comply with the Municipal floodplain regulations in effect when such development is proposed.
(3)
After the effective date of this chapter, the subdivision plan and deed for any lot or parcel created for nondevelopment purposes (i.e., forestry or agriculture) which contains any identified floodplain shall include a restriction that the lot or parcel shall not be used for any development which does not comply with the Municipal floodplain regulations in effect when such development is proposed.
§ 359-43 Floodplain Overlay District existing structures in identified floodplain areas.
A.
The provisions of this Article IV do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of this section shall apply.
B.
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(1)
Improvements less than 50% of the structure's market value may be made to existing structures, so long as a permit is obtained from the Floodplain Administrator and does not conflict with the provisions of this chapter.
(2)
Within any floodway area, no new buildings or structures as defined in this Article IV as well as substantial improvements, additions, expansions, or enlargements of existing buildings or structures are permitted. No variances may be granted from this regulation.
(3)
No modification, alteration, reconstruction, or improvement of any kind to an existing structure shall be permitted which involves any activity which may endanger human life.
(4)
No expansion or enlargement of an existing structure shall be allowed within any portions of the identified floodplain area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in § 359-39.
(5)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall require a variance, and be undertaken only in full compliance with the provisions of this chapter.
(6)
The above activity shall also address the requirements of the 34 Pa. Code, as amended and the 2018 IBC and the 2018 IRC.
(7)
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "cumulative substantial damage" shall require a variance and be undertaken only in full compliance with the provisions of this Article IV.
§ 359-44 Floodplain Overlay District variances.
A.
General.
(1)
If compliance with any of the requirements of this Article IV would result in an exceptional hardship to a prospective builder, developer or landowner, the Municipality of Monroeville may, upon request, grant relief from the strict application of the requirements.
(2)
Requests for variances shall be considered by the Municipality of Monroeville in accordance with the procedures contained in § 359-44B and the following:[1]
[1]
Editor's Note: So in original.
B.
Variance procedures and conditions.
(1)
Alternatives analysis. No variance shall be granted until the applicant has performed an alternative analysis to find practicable alternatives to development in the identified floodplain area.
(2)
Elevation required. Any building permitted by variance shall be elevated to the regulatory flood elevation (1.5 feet above the base flood elevation). Within any identified flood plain area, any new construction or substantial improvement of a residential structure or nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. The regulatory flood elevation is defined as the base flood elevation plus a freeboard safety factor of 1.5 feet.
(3)
Design and construction standards. Any development permitted by variance shall comply with the requirements of this Article IV and all other applicable design and construction standards and requirements of the National Flood Insurance Program.
(4)
Floodway. Within any floodway area, no variance shall be granted for any new buildings or structures as defined in this Article IV as well as substantial improvements, additions, expansions, or enlargements of existing buildings.
(5)
Identified floodplain area. No variance shall be granted for any construction, development, use, substantial improvement or activity within any identified floodplain area that would, together with all other existing and anticipated development, cause any increase in the BFE.
(6)
Accessory structures. No variance shall be granted for wet floodproofing of accessory structures larger than 600 square feet. For accessory structures between 150 square feet and 600 square feet, a nonconversion agreement shall be recorded on the property deed prior to the issuance of the variance.
(7)
Least modification. If granted, a variance shall involve only the least modification necessary to provide relief.
(8)
Conditions. In granting any variance, the Municipality shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.
(9)
Developments of special concern. No variance shall be granted for any prohibited development (§ 359-40C).
(10)
Written notice. Whenever a variance is granted, the Municipality shall notify the applicant in writing that:
(a)
The granting of the variance may result in increased premium rates for flood insurance; and
(b)
Such variances may increase the risks to life and property.
(11)
Review factors. In reviewing any request for a variance, the Municipality shall consider, at a minimum the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional hardship to the applicant.
(c)
That the granting of the variance will neither:
[1]
Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
[2]
Create nuisances, cause fraud on, victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(12)
Record. The Municipality shall maintain a complete record of all variance requests and related actions. In addition, a report of all variances granted under this section shall be included in the required reports to the Federal Emergency Management Agency.
(13)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.
§ 359-45 Purpose of Landslide Prone Overlay (LSO) District.
A.
Purpose. The Landslide-Prone Overlay District regulations, or the LSO, Landslide-Prone Overlay District, as identified by the Allegheny County Conservation District maps or other applicable sources, require subsurface investigations by a registered professional and approval of construction plans by the Municipal Engineer prior to issuance of a zoning permit for any development in the LSO District. The purpose of these regulations is to reduce the risk of damage or hazards to life that may occur as a result of construction and land operations on lands susceptible to movement or sliding of earth.
B.
Disclaimer. The mapped delineations of land that may be subject to sliding or subsidence do not necessarily include all land that is subject to those hazards. While it is the purpose of the regulations contained in this section to afford reasonable protection against damages caused by construction on or use of hazard-prone land, neither the mapped delineations nor any regulations contained in this section shall create any liability on the part of the Municipality, its officers or employees for damages that may occur.
§ 359-46 Effect of Landslide Prone Overlay (LSO) District regulations.
A.
Within the LSO District, land may be used and structures may be erected, altered or enlarged for any use that is allowed in the underlying zoning district, in accordance with the site development standards of the underlying zoning district and all other applicable requirements. The following requirements shall also apply with the LSO District:
(1)
Review by the Zoning Officer. No zoning permit application shall be approved for zoning of any structure or for any use of land requiring excavation, fill or removal of vegetation until the applicant has submitted evidence, acceptable to the Zoning Officer, that the proposed construction or development shall not contribute to or create conditions of increased susceptibility to landslides, soil erosion or any other movement of earth. Such evidence shall be based on field investigation performed by a registered professional or a geotechnical consultant with appropriate professional insurance certification and the appropriate academic credentials and professional association; and
(2)
Review by the Municipal Engineer. No building permit or land operations permit application shall be approved for any structure or for any use of land requiring excavation, fill or removal of vegetation in a Landslide-Prone Overlay District until the Municipal Engineer, based on findings and recommendations of the required site investigation, has approved construction plans and land operations plans for the site in question. In the implementation of this requirement, the Municipal Engineer may require that a geotechnical investigation, construction and land plans, be prepared or approved by a registered professional or a geotechnical engineer with appropriate professional insurance certification and the appropriate academic credentials and professional association.
§ 359-47 Purpose of Steep Slope Overlay (SSO) District.
The purpose of the SSO District is to recognize the importance of the Municipality's steep slopes in defining the character of Monroeville; to assure that any steep slope site is appropriate for development considering natural site limitations, associated hazards, public safety, and the need to provide public services and infrastructure; and to assure that the design of the proposed development responds to the site's limitations and attributes. In addition to the requirements listed below, the Land Disturbance Ordinance (Ord. 2651) and the Subdivision and Land Development Ordinance (Ord. 2525)[1] should also be referenced for additional requirements and regulations.
[1]
Editor's Note: See Ch. 243, Land Disturbance, and Ch. 324, Subdivision and Land Development, respectively.
§ 359-48 Development on slopes in Steep Slope Overlay (SSO) District.
A.
Applicability. To ensure that development occurs in a manner that protects the natural and topographic character of slopes 25% or greater, all uses and structures permitted in the underlying district shall be reviewed and approved by the Municipality pursuant to the procedures of this section.
B.
Application. All applicants for review in the SSO District shall first file an application with the Zoning Officer, along with a nonrefundable fee that has been established to defray the cost of processing applications. No application shall be processed until the Zoning Officer has established that the application is complete and the required fee has been paid.
C.
Hearing and action by Council. After Planning Commission makes its recommendation; Council shall hold a Public Hearing on the application for development in the SSO District. After the public hearing, Council shall act to approve, approve with conditions, or deny the application based on the SSO review standards within 45 days of the Council hearing. When the Council fails to render its decision within that period or fails to hold the required public hearing within 60 days from the date of the completed application being received by the Zoning Officer, the decision shall be deemed to be rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Council to meet or render a decision as hereinabove provided, the Municipality shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as required by the provisions of the MPC. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal for reconsideration.
D.
Notice. Promptly upon determining that an application is complete, the Zoning Officer shall schedule Public Hearing dates before Council, notify the applicant of the hearing dates and give at least 14 days' notice of the Council hearing by mail and by posting, in accordance with the public notice requirements of the MPC and with notice to all owners of record of property within the affected area and within 300 feet thereof, or to such extended distance to ensure that no fewer than the 25 nearest owners of record are so notified in writing.
E.
Review standards. The following standards shall apply to all development within the SSO, Steep Slope Overlay District:
(1)
The scale of the structure shall be consistent with proximate structures of the same use.
(2)
The Municipality or its Engineer may require the preparation of a geotechnical investigation report (including testing) as a part of any development in the SSO District.
(3)
Attached single-family residential units shall employ architectural, materials, or color variations to allow the units to read as individual units;
(4)
The proposed development shall minimize impervious surfaces;
(5)
The proposed development shall employ foundations that include ground contours, embankments, vegetation or other such measures;
(6)
Development shall be set back 50 feet in both directions from the edge of the SSO boundary when it occurs at either the ridgeline or base;
(7)
Parking areas shall be internal to the primary structure or screened from view through vegetation or architectural features;
(8)
Utilities and mechanical equipment (including but not limited to HVAC equipment) and storage areas (refuse or otherwise) shall be screened from view;
(9)
All on-site lighting shall be shielded to prevent light spillover onto adjacent properties;
(10)
Vegetation removal solely to create views is prohibited. Views to the site shall be considered to be as important as views from the site;
(11)
The proposed structure shall minimize the need for vegetation removal with the exception of invasive species;
(12)
Vegetation with similar appearance and growing requirements as existing proximate vegetation (excepting invasive species) or native species shall be employed in re-vegetating the site;
(13)
Natural drainage patterns shall be maintained to the extent physically possible;
(14)
Stormwater runoff from impervious surfaces shall be collected and transported from the site rather than directed or allowed to flow onto adjacent properties or rights-of-way;
(15)
Stormwater detention will be required for all development, regardless of size. Designs relying upon infiltration must recognize and address concerns regarding the effect of additional subsurface water on slope stability (Refer to Ordinance 2700, Comprehensive Stormwater Management);[1]
[1]
Editor's Note: See Ch. 319, Stormwater Management.
(16)
To the maximum extent feasible, site grading shall preserve the natural landforms of the site;
(17)
To the maximum extent feasible, cutting, filling and severe benching or terracing of existing slopes to create additional building area or larger building sites shall be avoided;
(18)
Finished grades of 15% or less are strongly encouraged. Cut or filled slopes shall not exceed 50% unless:
(a)
The applicant submits a geotechnical investigation report that certifies the safety and suitability of such slopes; and
(b)
The applicant proposes the use of walls, terraces, or other methods at intervals of not less than 10 feet to create planting beds that will stabilize the slope, and such measures are approved in the geotechnical investigation report as sufficient to ensure the stability of the slope and ensure that such slope shall pose no significant risk of danger to any property or public improvements located on or off the proposed development site.
(19)
The top and bottom of the cut or filled slopes shall be located no less than five feet from any property line, street, building, parking area, or other developed area;
(20)
Retaining walls or gabions may be permitted to support steep slopes, but shall not exceed 10 feet in height;
(a)
The proposed operation shall meet all requirements of the Municipal Land Disturbance Ordinance No. 2651;[2]
[2]
Editor's Note: See Ch. 243, Land Disturbance.
(b)
Retaining walls shall follow the existing hillside contours if physically feasible and shall avoid visible unnatural straight slope faces. Walls shall be of a color that is compatible with natural rock outcroppings that occur on Monroeville hillsides. The International Residential Code (IRC) requires a minimum thirty-six-inch-high guardrail for all decks, balconies, or screened enclosures more than 30 inches off the ground, including retaining walls;
(21)
Slopes in excess of a 15% grade that are exposed during construction or site development shall be landscaped or revegetated in order to mitigate adverse environmental and visual effects. Fill soil on slopes must support plant growth. At a minimum, any slope in excess of 15% grade exposed or created during development shall be landscaped or revegetated, based on field investigation performed by a registered professional or a geotechnical consultant with appropriate professional insurance certification and the appropriate academic credentials and professional association;
(22)
Gabions and low walls shall be utilized to gain planting pockets on steep grades;
(23)
The Zoning Officer shall require the protection and preservation of trees with a diameter of 12 inches or more, measured at 4.5 feet (1.37m) above the forest floor. If said trees are removed during site preparation or development, they shall be replaced, at a minimum, equal to the combined diameter at breast height of removed trees. Diameter measurements shall be taken at 4.5 feet (1.37m) above the forest floor;
(24)
On slopes, 26% to 35% the development shall remain a minimum of 80% unaltered open space;
(25)
All grading operations (regardless of slope) shall meet the criteria set forth in the Municipal Land Disturbance Ordinance 2651.[3]
[3]
Editor's Note: See Ch. 243, Land Disturbance.
F.
Slopes exceeding 35%. Limited development on slopes of greater than 35% (before development) may be permitted for the following purposes only:
(1)
Public facilities and utilities.
(a)
Public facilities (including streets) and utilities may be allowed on slopes greater than 35% (before development), if designed such that these improvements avoid slopes exceeding 35% (before development) to the maximum extent possible. Public streets or access ways may be developed on slopes over 35% (before development) if the street location is necessary to provide street connectivity or for emergency vehicle access. Construction of public streets shall comply with maximum grades as specified in the Municipality's roadway standards;
(b)
Public facilities (including streets) and utilities may be constructed as described above if the following specific determination is made by a registered professional:
[1]
That the facilities can be constructed given the geologic condition of the area of development; and
[2]
That the facilities can be constructed in a manner to minimize the potential for earth movement and erosion.
(2)
Open space development.
(a)
Open spaces and conservation easements may be improved with public or private walking/hiking trails, or with public or private multiuse paths, subject to the determination of a registered professional engineer. Public trails or paths shall be limited to public open spaces, and private trails or paths shall be limited to private open spaces and conservation easements.
(3)
Preservation of slopes greater than 35%.
(a)
All areas exhibiting slopes of 35% or greater (before development), not developed, shall be preserved by easement (public or private). If preservation is proposed to be private, it can be either by tract or as a part of an individual lot (with an easement overlay). Public preservation shall be by tract only. Easement types shall be conservation, open space, or public trail easements. The type of easement appropriate for preservation of the excessively steep slopes shall be at the discretion of the Municipality. Acceptance of proposed dedication of open space shall be at the Municipality's discretion;
(4)
Lots of record.
(a)
Lots of record may be improved with a maximum of one dwelling unit on slopes over 35% (before development) with a finding that there is not a sufficient and accessible, land area on less than 35% slope (before development) for the proposed dwelling.
G.
Amendments. The process for amending an approved development within the SSO, Steep Slope Overlay District shall be the same as required for the approval of an original application.
H.
Lapse of approval. Site plan approval shall be valid for a period of one year following Council action. If the proposed improvements are not under construction within one year or completed within two years, Council approval shall be void.
§ 359-49 Purpose of Medical Overlay (MO) District.
A.
The purpose of the Medical Overlay (MO) District is to promote a medical campus setting by creating specific development standards for hospital and medical uses within the district's boundaries, thus promoting full-service hospital facilities and related medical services within the Municipality. The Medical Overlay (MO) District is established for the purpose of accommodating a concentration of health care, retail, and commercial office uses, combined with residential dwellings within a campus-like setting. It is anticipated that expansion of health care services and related structures will take place within the boundary of the Medical Overlay (MO) District to encourage growth and viability of the hospital, which is expected to provide related employment, growth and expansion of the tax base, and provision of high-quality health care for the residents of the Municipality and surrounding areas.
B.
The Medical Overlay (MO) District also allows for the continuation and flexible expansion of the hospital, medical clinics and associated uses in a planned and coordinated manner. Flexibility is essential to allow existing and future uses to respond and adapt to changes in technology, the medical profession, and society as a whole. The primary uses in the Medical District Overlay Zone are hospitals and other medical clinics and uses. Related uses may be located within the hospital or clinic buildings or as independent uses within the overlay zone area. The overlay zone is intended to enhance the underlying zone.
§ 359-50 Medical Overlay (MO) District development regulations.
A.
Within the Medical Overlay (MO) District, land may be used and structures may be erected, altered or enlarged for any use that is allowed in the underlying zoning district, in accordance with the site development standards of the underlying zoning district and all other applicable requirements.
B.
Permitted uses:
(1)
Medical and health care uses including hospitals, outpatient clinics, continuing/long term care services, hospice services, laboratories, medical research facilities, medical clinic, urgent or emergency medical services, offices of, doctors, physical therapists, dentists and other health care providers;
(2)
Medical staff facilities and similar uses, including but not limited to, administrative offices, educational and meeting facilities and staff sleeping quarters, ancillary and or satellite parking areas;
(3)
Child care and adult care services, including respite care;
(4)
Short-term residential uses dependent upon or directly related to medical care, including convalescent care facilities, skilled nursing facilities, group; homes for the disabled and overnight accommodations;
(5)
Health care related retail (i.e., pharmacy, medical supplies and equipment);
(6)
Miscellaneous retail trade including gift stores, bookstores, news stands, florist, jewelry, video sales/rentals, and other retail ancillary to and located within a medical services facility;
(7)
Cafeterias and food service within health care buildings and stand-alone restaurants on the following conditions:
(a)
The maximum square footage is 4,000 square feet;
(b)
There is no drive-through window; and
(c)
No stand-alone restaurant may be developed until 30% of the land area is developed for other permitted uses.
(8)
Social service providers including counseling centers and alcohol and drug treatment facilities.
(9)
Multifamily residential uses including apartments, townhouses and two-family homes.
(10)
Amusement use as an ancillary use (i.e., small concerts of limited size, auditorium for family movie night/gala/fundraising/ballroom, etc.).
C.
Dimensional requirements shall be regulated by the underlying district; however, the following requirements may apply to developments within the Medical Overlay (MO) District:
(1)
Surface parking setbacks.
(a)
Lots abutting residentially used property:
Minimum Yard Setbacks | |
|---|---|
Front: | 20 feet |
Side: | 20 feet |
Rear: | 20 feet |
(b)
Lots abutting nonresidentially used property:
Minimum Yard Setbacks | |
|---|---|
Front: | 10 feet |
Side: | 15 feet |
Rear: | 0 feet |
(2)
Minimum yard setbacks (for buildings and structures).
(a)
For a nonresidentially used lot abutting a residential district, the following minimum setbacks shall apply to all nonresidential uses:
Front: | 30 feet |
Side: | 30 feet |
Rear: | 30 feet |
(3)
If a zoning lot is separated from a residential district by a street, there shall be a ten-foot minimum setback on the side of the zoning lot facing the residential district.
(a)
For a nonresidentially used lot abutting or located within a Medical Overlay (MO) District, the following setbacks shall apply:
Front: | 0 feet |
Side: | 0 feet |
Rear: | 0 feet |
(b)
Definition note. For the purpose of this subsection, the term "abutting" does not apply to property that is across a street, alley or road easement from the subject property.
(4)
Building height.
(a)
Maximum building height: nine stories, 100 feet. Additional building height up to an additional 15 feet may be permitted for mechanical equipment and roof appurtenances. All rooftop mechanical equipment shall be screened from view by a parapet wall or other decorative screening method based on the goal of completely obscuring the view of the rooftop equipment by a five feet 10 inches tall person standing at grade level within 100 feet of the building.
(5)
Maximum lot coverage.
(a)
Maximum lot coverage shall be regulated by application of required minimum setbacks, not by a specified percentage.
(6)
Landscaping and buffering.
(a)
A buffer area shall be provided when a nonresidential use abuts a residentially used lot that is not in the Medical Overlay (MO) District.
[1]
The objective of the Buffer is to screen hospital structures, noise, and light that emanates from vehicles, buildings and site lighting fixtures, while providing an aesthetically pleasing, diversely vegetated viewscape and safe walking environment for pedestrians;
[2]
Site amenities and landscape features shall be designed to be compatible with abutting neighborhood character;
[3]
Landscaping shall provide tree canopy shading of paved surfaces, supplemented with additional plantings along internal walkways, and landscaping or walls or fences to screen views of driving and parking surfaces;
[4]
A tiered height screening approach shall be provided on the side of a zoning lot facing residentially zoned property located outside of the Medical Overlay (MO) District. A minimum of 1) an evergreen buffer of closely spaced trees, or 2) a decorative six-foot-high fence, or 3) a six-foot-high decorative screen wall is required in the MO District when abutting residentially zoned property. Large canopy deciduous trees spaced a minimum of 40 linear feet, on average, and sized at three-inch caliper or greater shall supplement evergreen and/or wall/fence requirements to provide screening at varying heights;
[5]
For locations where noise buffering is determined by the Planning Commission to be necessary, the use of a six-foot-high decorative screen wall instead of other screening options noted above shall be provided. The wall shall be supplemented with large canopy deciduous trees (three-inch minimum caliper) planted every 40 linear feet, on average, along the perimeter where the wall is placed to improve the overall appearance and visual height of the screening. The Planning Commission may approve a six-foot-high landscaped berm in lieu of a decorative wall when it determines that it would be a more appropriate screening technique directly adjacent to residentially zoned property. The berm shall also include other plantings to provide an effective visual screen at varying heights;
[6]
Vehicle and pedestrian wayfinding shall be provided at appropriate locations through signage and other visual cues to facilitate orderly movement to, in, and from the MO District;
[7]
Full-cutoff lighting shall be used throughout the development site, and house-side shields shall be used to prevent light spillover onto residentially zoned properties;
[8]
If used, retaining walls should be designed to reduce their visual impact while maximizing safety elements. Consider use of masonry, concrete or other textured material with terracing and landscaping to reduce the visual impact of retaining walls;
(b)
Street frontage edge. A street frontage edge shall be provided when a nonresidential use is located across the street from a residentially used lot that is not in the Medical Overlay (MO) District.
[1]
The objective of the street frontage edge is to partially screen hospital structures and parking from residential areas located across a street;
[2]
Site amenities and landscape features shall be designed to be compatible with adjacent neighborhood character;
[3]
Vehicle and pedestrian wayfinding shall be provided at appropriate locations through signage and other visual cues to facilitate orderly movement to, in, and from the Medical Overlay (MO) District;
[4]
Exterior lighting shall be designed for safety and uniform light distribution, including the use of full-cutoff fixtures in all pole and building-mounted lighting;
[5]
Landscaping and signage are encouraged at primary public campus entrances to provide visual emphasis and ease of identification for both drivers and pedestrians;
[6]
Architectural elements, streetscape amenities and works of art are permitted at primary public campus entrances;
[7]
Parking lots and vehicular circulation areas shall be screened by a hedgerow, decorative fence or decorative wall. The area from the ground to a minimum height of two feet shall be totally obscured from the public street. If a wall or fence is provided, the setback area shall contain a planting strip abutting the wall or decorative fence. Small shrubs, ornamental grasses, and small, flowering plants are appropriate in these locations. Parking spaces directly abutting the perimeter of a street frontage edge shall have landscape islands planted with large (three-inch caliper minimum) deciduous trees. These islands, should be strategically placed within the parking lot to provide a dual benefit of shading parking spaces and enhancing the perimeter buffer of the Medical Overlay (MO) District;
[8]
Enhanced sidewalk systems with decorative paving consistent with the hospital's approved paving palette are permitted;
[9]
Benches are permitted at appropriate locations along primary pedestrian pathways.
(c)
Transition edge. A transition edge shall be provided when a nonresidential use is located adjacent to or across the street from a nonresidentially used lot.
[1]
The objective of the transitional edge is to allow for minimally screened hospital structures and parking. The least extensive landscaping and buffer elements may be utilized at this edge;
[2]
Vehicle and pedestrian wayfinding shall be provided at appropriate locations through signage and other visual cues to facilitate orderly movement to, in, and from the Medical Overlay (MO) District;
[3]
Exterior lighting shall be designed for safety and uniform light distribution, including the use of full-cutoff fixtures in all pole and building-mounted lighting;
[4]
Parking lots and vehicular drives shall be screened from streets in accordance with the hedgerow or decorative wall provisions noted above.
(7)
Transportation management. Medical uses are high traffic generating uses. Reducing the number of trips to the development creates a benefit to the municipality through less demand on the transportation system. To encourage employers within the Medical Overlay (MO) District; the following incentive is offered:
(a)
The employee parking component of each use may be reduced by up to 10% if the employer establishes a permanent commute trip reduction program that offers employees incentives such as transit passes, shuttle services or other similar programs to reduce the number of single occupant vehicles traveling to and from the site.
(8)
Satellite parking/ancillary parking. If the number of off-street parking spaces cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, then parking spaces may be located on a lot other than that containing the principal use pursuant to the provisions below. These off-site spaces are referred to in this section as satellite parking spaces.
(a)
All such satellite parking spaces (except spaces intended for employee use) must be located within 250 feet of the lot on which the principal use associated with such parking is located;
(b)
Walking paths shall be provided between the principal use and the parking lot. Such paths shall not cross streets except at designated crosswalks;
(c)
All such parking spaces must be located in a zoning district that permits the principal use;
(d)
A shared parking plan shall be enforced through written agreement. An attested copy of the agreement between the owners of record shall be submitted to the municipality who shall forward a copy to the Municipal Solicitor for review and approval. Proof of recordation of the agreement shall be presented to the municipality prior to issuance of a certificate of occupancy. The agreement shall:
[1]
List the names and ownership interest of all parties to the agreement and contain the signatures of those parties;
[2]
Provide a legal description of the land;
[3]
Include a site plan showing the area of the parking parcel;
[4]
Describe the area of the parking parcel and designate and reserve it for shared parking unencumbered by any conditions which would interfere with its use;
[5]
Agree and expressly declare the intent for the covenant to run with the land and bind all parties and all successors in interest to the covenant;
[6]
Assure the continued availability of the spaces for joint use and provide assurance that all spaces will be usable without charge to all participating uses; and
[7]
Describe the method by which the covenant shall, if necessary, be revised.
(e)
If the agreement expires, each owner shall provide the required parking spaces for their principal use.
