Moon Township City Zoning Code
PART 4
PERFORMANCE STANDARDS
§ 27-401 Compliance Required.
[Ord. 658, 4/9/2015]
1.
All uses shall comply with the requirements of this Part. Compliance shall be determined by the Zoning Officer with respect to permitted uses, by the Zoning Hearing Board with respect to special exceptions and by the Board of Supervisors with respect to conditional uses. In order to determine whether a proposed use will conform to the requirements of this chapter, the Township may obtain a qualified professional consultant's report, whose cost for services shall be borne by the applicant.
2.
All projects that require the additional use of new facilities or essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, street lighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval. Nonavailability of essential services shall be a basis for denial of any permit or approval under this chapter until such services are available. All service extensions shall be designed and installed in full conformance with the service provider's standards for such service, and shall be subject to review, permit and inspection as required by the service provider.
§ 27-402 Fire Protection.
[Ord. 658, 4/9/2015]
Fire protection and firefighting equipment acceptable to the National Fire Protection Association shall be readily available where there is any activity involving the handling or storage of flammable or explosive material.
§ 27-403 Radioactivity; Electrical Disturbances.
[Ord. 658, 4/9/2015]
No activity shall emit dangerous radioactivity at any point or cause electrical disturbance adversely affecting the operation of any equipment in the vicinity or to the extent that the operator of any equipment not owned and/or operated by the creator of such disturbance is adversely affected.
§ 27-404 Noise.
[Ord. 658, 4/9/2015]
1.
No use in any zoning district which by the nature of its use, operation or activity produces noise of objectionable character or volume as prescribed below will be permitted as measured from a lot line of the subject property. For purposes of this chapter, the noise level will be measured in decibels (dBA) which indicate the sound pressure level obtained from a frequency weighting network corresponding to the A-scale on a standard sound level meter.
A.
Residential Uses. At no point on or beyond the boundary of any lot containing a residential use shall the exterior noise level located on such lot exceed 60 dBA for more than two hours during a twenty-four-hour period.
B.
Nonresidential Uses. At no point on or beyond the boundary of any lot containing a nonresidential use (excluding industrial uses, which are addressed by § 27-404, Subsection 1C) shall the exterior noise level located on such lot exceed 65 dBA for more than eight hours during a twenty-four-hour period.
C.
Industrial Uses. At no point on or beyond the boundary of a lot containing an industrial use shall the exterior noise level located on such lot exceed 75 dBA for a period of eight hours during a twenty-four-hour period.
2.
Noise resulting from alarms, sirens, emergency work, normal lawn and landscaping care, traffic and agricultural use shall be exempt from the requirements of this section. Noise from construction or maintenance activities shall be exempt from the requirements of this section provided that the activities occur during the hours established by the Construction Code [Chapter 5, Part 1].
3.
No noise from recordings, loudspeakers or public address systems shall be allowed which interferes with the reasonable enjoyment of adjacent residential properties.
4.
Sound levels shall be measured with a sound level meter or sound level octave band analyzer that conforms to the standards and specifications published by the American Standards Association. Noise incapable of being so measured, such as those of an irregular intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. (American Standard Sound Levels for Measurement of Noise and Other Sounds, 224, 3-1944, American Standards Association, Inc., New York, New York, shall be used.)
§ 27-405 Vibrations.
[Ord. 658, 4/9/2015]
1.
Vibrations detectable without instruments on neighboring property in any district shall be prohibited, except that temporary vibration as a result of construction activity shall be permitted.
§ 27-406 Odors.
[Ord. 658, 4/9/2015]
1.
For purposes of this section, the "odor threshold" is defined as the minimum concentration in air of a gas, vapor or particulate matter that can be detected by the olfactory systems of a panel of three observers appointed by the Board of Supervisors.
2.
No use, other than agricultural operations, in any zoning district may generate any odor that reaches the odor threshold measured at:
3.
The release of odorous matter from any zoning district across residential or commercial district boundary lines shall be so controlled that at ground level or at habitable elevation, the concentration shall not exceed the odor threshold. As a guide in determining qualities of offensive odors, Table III, "Odor Threshold," Chapter 5, Air Pollution Abatement Manual, by Manufacturing Chemists Association, Inc. (as amended), may be used.
4.
Further, those standards for the control of odorous emissions established by the DEP shall also be applied in all zoning districts. Where an odor is deemed offensive, a duly authorized Township representative may refer the matter to the DEP where it has jurisdiction relative to an established airshed.
§ 27-407 Smoke.
[Ord. 658, 4/9/2015]
The maximum amount of smoke emission permitted shall be determined by the use of the Standard Ringelmann Chart issued by the United States Bureau of Mines. No smoke of a shade darker than No. 2 shall be permitted.
§ 27-408 Air Pollution.
[Ord. 658, 4/9/2015]
1.
No pollution of air by fly ash, dust, dirt, vapors, gases, or other substance shall be permitted which is harmful to human health, animals, vegetation, or other property, or which can cause soiling of property.
2.
Where determined necessary by the Township, no permits or approvals may be issued under this chapter with respect to any land development until the Allegheny County Health Department has certified to the permit/approval-issuing authority that the appropriate state permits have been received by the developer and/or landowner or that the developer and/or landowner will be eligible to receive such permits and that the land development is otherwise in compliance with applicable air pollution laws.
§ 27-409 Glare (External Illumination).
[Ord. 658, 4/9/2015]
1.
Lighting devices that produce greater than 0.1 footcandles of direct or reflected glare at the property line of a lot or adjoining street right-of-way shall not be permitted.
2.
The average intensity of outdoor lighting on a lot shall be 2.0 footcandles, whereas the maximum intensity of direct or reflected glare on the ground at any given point on the lot shall be 8.0 footcandles, unless otherwise approved by the Board of Supervisors.
3.
The structure height of a lighting device shall not exceed 25 feet for residential uses outside of the street right-of-way. The structure height of a lighting device shall not exceed 35 feet for nonresidential uses outside of the street right-of-way with the exception of such devices for stadiums, driving ranges, amphitheaters, parks, or playgrounds, or unless approved by the Board of Supervisors.
§ 27-410 Erosion.
[Ord. 658, 4/9/2015]
No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
§ 27-411 Water Pollution.
[Ord. 658, 4/9/2015]
1.
Water pollution shall be subject to the standards established by the Department of Environmental Protection (DEP), the Environmental Protection Agency (EPA) and the Pennsylvania Fish and Boat Commission.
2.
No use in any zoning district may discharge any waste contrary to the provision of the state law governing discharges of radiological, chemical or biological wastes into surface or subsurface waters.
3.
No use in any zoning district may discharge into the sanitary sewage treatment facilities any waste that cannot be adequately treated by biological means.
§ 27-412 Excavation, Filling and Grading.
[Ord. 658, 4/9/2015]
2.
All lands, regardless of their slope, from which structures or natural cover has been removed or otherwise destroyed shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between the time period of November 1 through April 1, in which case, the required sodding or seeding must commence within two weeks of April 1 and be completed within a reasonable time period thereafter. This shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum. During nongrowing seasons, appropriate measures shall be taken such as, but not limited to, siltation dams, to prevent erosion by wind or water. In addition to the measures stated above, the developer and/or landowner shall provide assurances that all requirements will be complied with at the beginning of the next growing season.
§ 27-413 Watercourse Buffers.
[Ord. 658, 4/9/2015]
1.
The primary purpose of maintaining a watercourse buffer is preventing nonpoint pollution from entering a watercourse. These buffers serve a variety of pollution prevention roles, helping to control sediment, remove nutrients, stabilize streambanks, and moderate water temperature.
2.
Watercourse buffers are divided into three principle zones: Zone 1 — Undisturbed Forest; Zone 2 — Managed Forest; and Zone 3 — Grasslands.
A.
Zone 1, "Undisturbed Forest," is the fifteen-foot area nearest to the watercourse. The primary function of this area is to help stabilize banks and prevent sediment from entering the watercourse. No cutting, fill or other disturbance of the land in this zone is permitted except when necessary to provide access to repair public utilities and/or eroding watercourse banks, eliminate invasive species, remove dead or diseased vegetation, or to plant additional vegetation.
B.
Zone 2, "Managed Forest," is a thirty-five-foot to sixty-foot wide area, between Zone 1, "Undisturbed Forest," and Zone 3, "Grasslands," where trees may be selectively harvested to help promote nutrient removal and home gardening is permitted if the slope of the land is 15% or less. No cutting, fill or other disturbance of the land in this zone is permitted. If the slope of the land exceeds 15%, the area shall not be disturbed and trees shall not be removed, except when necessary to provide access to repair public utilities and/or eroding watercourse banks, eliminate invasive species, remove dead or diseased vegetation, or to plant additional vegetation.
C.
Zone 3, "Grasslands," is a zero-foot to twenty-foot wide area that consists of dense grasses to trap sediment and to convert concentrated stormwater flow to uniform sheet flow. This zone may be disturbed during construction.
3.
Multipurpose walking and biking trails shall be permitted to be located within a watercourse buffer.
4.
If disturbed, a watercourse buffer shall be restored as follows. Zones 1 and 2 shall be restored by planting trees and shrubs in a random, natural pattern. To restore a buffer, two-inch caliper trees shall be planted at a minimum rate of one tree per every 16 square feet. Shrubs shall be planted at a minimum rate of two per every eight square feet, with shrubs concentrated along the area of Zone 1 nearest the watercourse and the area of Zone 2 nearest Zone 3. Additional trees and shrub plantings, including trees that are less than two-inch caliper are encouraged. Restored buffer areas shall contain at least two tree and two shrub species appropriate for a streamside/watercourse location. If a watercourse buffer is not disturbed during construction, buffer restoration is not required.
5.
The minimum width of a watercourse buffer shall be 50 feet measured from the top of the channel bank. The minimum fifty-foot buffer shall be provided on each side of the watercourse.
§ 27-421 Purpose.
[Ord. 658, 4/9/2015]
The environmental performance standards analysis of this Part 4B provides a rational methodology for:
A.
Protecting persons and property from hazards resulting from the inappropriate development of land in areas that contain sensitive natural resources.
B.
Inventorying the sensitive natural resources located within a particular lot.
C.
Establishing the intensity and location of development in relation to the natural capabilities of the land to support such development.
D.
Laying out all proposed buildings, structures, streets and utilities principally within the portions of a lot that contain no sensitive natural resources.
§ 27-422 Sensitive Natural Resources.
§ 27-423 Applicability.
[Ord. 658, 4/9/2015; as amended by Ord. No. 683, 3/6/2019]
This Part shall be applicable to all subdivisions and land developments, except that the requirements of § 27-424, Subsection 1A and B, shall not apply to single-family-dwelling subdivisions or single-family-dwelling land developments where the size of each lot equals or exceeds 80,000 square feet.
§ 27-424 Standards.
[Ord. 658, 4/9/2015]
Protection of the Township's sensitive natural resources is governed by the following standards:
A.
Steep Slopes. The following standards, including those contained in Table 27-9, "Slope Disturbance Restrictions" of this chapter, shall apply to all grading and/or disturbance of steep slopes. If any of the delineated steep slope areas include unstable soils or geologic features which indicate possible instability, the additional standards contained in § 22-304 (Preliminary Geotechnical Investigation) and § 22-305 (Comprehensive Geotechnical Investigation) of the Subdivision and Land Development Ordinance [Chapter 22] shall apply.
(1)
Steep Slopes Between 15% and 25%. No more than 60% of steep slope areas with existing grades between 15% and 25% shall be stripped of vegetation or disturbed through grading. Grading and clearing for streets on these slopes shall be limited to that necessary to accommodate the cartway and shoulders or berms. Wherever possible, streets should follow the contours of the land.
(2)
Steep Slopes Between 25% and 40%. No more than 30% of steep slope areas with existing grades between 25% and 40% shall be stripped of vegetation or disturbed through grading. Grading and clearing for streets on these slopes shall be limited to that necessary to accommodate the cartway and shoulders or berms. Wherever possible, streets should follow the contours of the land.
(3)
Steep Slopes Exceeding 40%. No development or disturbance shall be allowed on existing steep slope areas exceeding 40%. Limited disturbance for utilities may be allowed where no reasonable alternative location exists.
Table 27-9 | |
|---|---|
Slope Disturbance Restrictions | |
Slope | Maximum Slope Disturbance |
0 to 15% | 100% |
>15% to 25% | 60% |
>25% to 40% | 30% |
>40% | 0% |
B.
Unstable Soils.
(1)
Unstable soils include red beds and colluvial soils.
(2)
If a developer proposes to disturb unstable soils:
(a)
The developer shall also submit a stability report prepared by a professional geotechnical engineer licensed in the Commonwealth of Pennsylvania addressing the anticipated environmental and structural impacts of the proposed development, as well as the construction techniques and mitigation measures needed to protect the public health safety and welfare. The stability report shall conform to the requirements of § 22-305 of the Subdivision and Land Development Ordinance [Chapter 22].
(b)
The Township Engineer or Township Geotechnical Engineer shall review the stability report and supporting data and make a recommendation to the Township as to whether the proposed development conforms to the requirements of applicable Township ordinances and sound engineering practice.
(c)
To ensure foundation stability, the Township Engineer or Township Geotechnical Engineer may require core borings at designated building footprint sites.
C.
Wetlands.
(1)
Wetlands shall not be disturbed except that:
(a)
Wetlands that are less than 100 square feet in area that provide minimal environmental benefit may be disturbed if mitigated. The Township encourages on-site relocation and enhancement.
(b)
Wetlands may be disturbed to the minimum extent necessary to provide access to the site, provided that such disturbance complies with all applicable federal and state laws and regulations.
(c)
In the AP District, wetlands may be disturbed where necessary for the safe or orderly development of the airport in compliance with federal and state laws, regulations, directives, and guidance documents pertaining to airport development and operations (including those issued by the Federal Aviation Administration), provided that the disturbance of such wetlands complies with all applicable federal and state and federal laws and regulations.
(2)
The Township encourages developers to design the site in a fashion which integrates existing wetlands into the site's landscaping.
(3)
The developer shall also comply with all applicable federal and state wetlands laws and regulations.
D.
Floodways.
(1)
In any subdivision or land development, floodways shall not be disturbed except that:
(a)
Flood retention dams, culverts and bridges approved by the Department of Environmental Protection may be constructed in the floodway.
(b)
Trails, ballfields and other forms of passive recreation not involving construction of any building may be constructed in the floodway.
(c)
Floodways may be disturbed to the minimum extent necessary to provide access to the site, provided that such disturbance complies with all applicable federal and state laws and regulations.
(3)
Surface parking areas or similar paved open areas shall not be constructed within the floodway.
E.
Watercourses, Lakes, Water Bodies.
(1)
Watercourses, lakes and water bodies shall not be disturbed except that:
(a)
Watercourses, lakes and water bodies may be disturbed to the minimum extent necessary to provide access to the site.
(b)
In the AP District, watercourses, lakes and water bodies may be disturbed where necessary for the safe or orderly development of the airport in compliance with federal and state regulations, directives, and guidance documents pertaining to airport development and operations (including those issued by the Federal Aviation Administration), provided that the disturbance of any such watercourse, lake or water body complies with all applicable federal and state regulations.
(c)
Water bodies that are less than 100 square feet in area that provide minimal environmental benefit may be disturbed if mitigated. The Township encourages on-site relocation and enhancement.
(2)
No more than one watercourse crossing shall be permitted per land development, except in accordance with the following:
(a)
Watercourse crossings shall be minimized to the greatest extent practical through the use of common streets and driveways. Only one watercourse crossing will generally be permitted. Greater than one watercourse crossing shall only be permitted if access through a common street or driveway is not possible due to extraordinary topographic conditions of the site.
(b)
The width of the disturbed area for the crossing shall not exceed 100 feet.
(c)
The crossing must be essential to access the site. No other access route to the site is feasible.
(e)
The developer shall take additional precautions and use best management practices to reasonably ensure that sediment and other nonpoint pollutants will not enter the watercourse.
(f)
The developer shall obtain any required permits from appropriate federal, state, county, and/or local agencies having jurisdiction over such matters prior to work beginning on the site.
(g)
If the crossing includes a culvert or a bridge, that culvert/bridge shall be sufficiently oversized to provide an acceptable margin of safety to allow for potentially increased storm flows over time.
§ 27-425 Environmental Preservation and Other Incentives.
[Ord. 658, 4/9/2015]
1.
Purpose. The purpose of providing incentives is to promote the efficient use of land, infrastructure and economic resources; to provide development flexibility; to enhance development longevity, to enhance overall development quality; to improve the environment and to enhance the overall quality of life for the residents of the Township.
2.
Slope Disturbance Credit. The incentive offered by this subsection is a slope disturbance credit that can be used to permit additional slope disturbances on land areas between 15% and 25% slope. The disturbance credit shall be used within the same development where the development enhancement(s) are being provided.
A.
Methods. A developer may incorporate one or more of the following methods to obtain slope disturbance credits:
(1)
Stormwater Run-Off Reduction Measures. The developer may propose one or more of the following items:
(a)
Groundwater Recharge. Provide area(s) for groundwater recharge through on-site stormwater infiltration for an amount of impervious area equal to one times the additional disturbed area. The minimum required recharge volume shall be equal to 1 1/2 inches of runoff for the area defined.
(b)
Additional Landscaping. Install additional landscaping equal to one times the additional disturbed area. This additional landscaping may be used to stabilize cut and fill slopes; to increase the habitat value of any on-site stormwater management facility; to reestablish watercourse buffers or for other on-site uses. The additional landscaping shall be installed in conformance with the planting requirements of Bufferyard 1, and the developer shall have the option to utilize the Forest Style Planting Conceptual Plan or the Prairie Style Planting Conceptual Plan as illustrated in Appendix 27-D. Watercourse buffers shall conform to the planting requirements for watercourse buffer in § 27-413, Subsection 4, of this chapter.
(c)
Porous Pavement. Utilize porous pavement to reduce stormwater runoff. The porous pavement utilized shall be incorporated into the stormwater management plan for the site and used to help minimize the stormwater volume required to be detained on the site. The size of the additional disturbance permitted shall be equal to the amount of porous pavement. An illustration of typical porous pavement construction is included within Appendix 27-F of this chapter. Porous pavement installed shall conform to acceptable industry and government standards.
(d)
Green Roof. A developer that utilizes green roof construction in a building design shall receive an additional disturbance credit equal to a maximum of 100% of the total surface area of the green roof. Green roof construction shall conform to accepted industry and government standards.
(2)
Environmental Cleanup and Improvement.
(a)
If the development site contains environmental contamination or other hazards due to previous land uses as identified in a phase one environmental assessment, the developer may propose to clean up the contamination/hazard. For example, the developer may propose to remove landfilled hazardous materials, propose to remove mining highwalls, or propose the remediation and treatment of abandoned mine drainage.
(b)
The developer shall describe the value of the remediation offered, the developer's role either directly or indirectly in causing the contamination/hazard, and the additional slope disturbance credit that the developer is seeking. The Township Engineer and the Township Environmental Advisory Council shall review the request and make a recommendation to the Planning Commission and the Board of Supervisors on the relative value of the improvement.
(c)
The Board of Supervisors shall consider the reviews and other evidence provided and decide if a slope disturbance credit is warranted to help clean up the site. If the Board of Supervisors finds that a credit is warranted, it shall also set the amount of the slope disturbance credit to be granted to the developer.
(d)
This incentive shall only be available to parties not directly or indirectly responsible for causing the contamination and/or hazard.
(3)
Voluntary Street Right-of-Way Dedication. A developer who voluntarily dedicates additional right-of-way to the Township (and/or to PennDOT in the case of a state street) for which the need has been identified on the Township Official Map shall receive a maximum additional slope disturbance credit equal to the total right-of-way area dedicated to the Township (and/or to PennDOT), provided that no additional compensation is granted to the developer for the dedication of the right-of-way.
(4)
Use of Preferred Materials for External Building Facade. A developer who voluntarily agrees to face the exterior walls of buildings proposed within a development with brick, stone and/or glass shall receive a slope disturbance credit equal to the wall area covered with brick and/or stone. Each principal building proposed within the development shall have a minimum two-thirds of its total exterior wall area covered with these materials to qualify for this credit.
3.
Parking Incentives.
A.
Common Off-Street Parking Areas. To encourage efficient, well planned and landscaped off street parking areas, two or more adjoining buildings may create a common parking area. Such common parking areas shall be eligible for up to a 10% reduction in the overall number of required parking spaces, provided that a shared parking analysis is provided to show that the reduction is justified and that the proposed common parking area employs improved design elements in terms of one or more of the following:
B.
Parking Garage/Structure Incentive in the BP District and M-1 District. Where a parking garage/structure is proposed in the BP District or M-1 District and the footprint of the parking garage/structure covers less than 10% of the site, the footprint of the parking garage/structure shall not be included in the maximum lot coverage calculation.
4.
Planned Residential Development (PRD) Incentives. Maximum site density may be increased by up to 25% in the R-1 District and up to 15% in any other residential district by incorporating one or more of the following provisions:
B.
A density bonus of 2 1/2% of the site density for developments that include common, active recreational facilities including, but not limited to:
C.
A density bonus of 2 1/2% of the site density for developments that include an internal multi-purpose trail system throughout the project and a connection of that trail system to a public sidewalk system or other trail system located or planned adjacent to the site. Multi-purpose trails designed in lieu of the construction of sidewalks shall not be eligible for this incentive, unless the trail constructed is available for use by the general public and is at least eight feet in width.
D.
A density bonus of 5% of the site density for developments in which all principal buildings on the site are constructed with a minimum of 75% of the exterior building facade being brick or stone.
E.
A density bonus for developments that correct off-site street deficiencies near the site or provide a donation in lieu for the Township to upgrade existing off-site streets, traffic signals, and intersections within the Township. The rate of density bonus for developments incorporating this provision is based on the value of the improvements as set by the Township Engineer's review. Developments incorporating this provision shall receive a bonus according to the following:
(1)
A bonus of 2 1/2% of the site density, if the improvement is valued at less than $750 per unit.
(2)
A bonus of 5% of the site density, if the improvement is valued between $750 per unit and $1,000 per unit.
(3)
A bonus of 7 1/2% of the site density, if the improvement is valued at greater than $1,000 per unit.
F.
A density bonus of 2 1/2% of the site density for developments in which at least 25% of the units include basic accessibility features including, at a minimum, the following:
G.
A density bonus of 2 1/2% of the site density for developments in which the minimum bufferyard used to separate the site from all surrounding land uses is at least twice that of the required bufferyard.