Murrysville, PA Zoning Ordinance

§ 220-32 Applicability.

The supplemental regulations in this article supplement the requirements of Articles III and V governing each zoning district and shall apply to all uses in all zoning districts.

§ 220-33 Performance standards.

No land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition unless the following performance requirements are observed:

Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-suppression equipment and by such safety devices as are normally used in the building of any such material.

Radioactivity or electrical disturbances. No activity shall emit dangerous radioactivity at any point or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

Noise. Sound from any source shall not exceed the limits contained in Ordinance No. 583-01, Chapter 157 of the Code of the Municipality of Murrysville.

Vibration. No vibration shall be permitted that is discernible without instruments on any adjoining lot or property.

Smoke. Smoke that is of a shade equal to or darker than No. 3 on the Standard Ringelmann Chart issued by the United States Bureau of Mines shall not be emitted by industrial or commercial uses for longer than eight minutes in any hour.

Odors. No malodorous gas or matter shall be permitted that is discernible on any adjoining lot or property.

Air pollution. No pollution of air by fly ash, dust, vapors or other substances shall be permitted that is harmful to health, animals, vegetation or other property or that can cause soiling.

Glare. No direct or reflected glare shall be permitted that is visible from any property or from any public street, road or highway.

Erosion. No erosion, by either wind or water, shall be permitted that will carry objectionable substances onto neighboring properties.

Water pollution. Pollution of water shall be subject to the requirements and regulations established by the Pennsylvania Department of Environmental Resources.

Major excavation, grading or filling and land operations. No major excavation, grading or filling or land operation shall be permitted that shall fail to be undertaken in such manner as to offer reasonable protection to the neighborhood against possible detrimental effects, taking into consideration the physical relationship to surrounding properties and access to site, including any nearby residential streets that must be traversed in conveying materials to or from the site.

§ 220-34 Floodplains.

[Amended 3-16-2011 by Ord. No. 827-11]

Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978, 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 Murrysville does hereby order as follows:

Intent. The intent of these provisions is to promote the general health, welfare and safety of the community, encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future, minimize danger to public health by protecting water supply and natural drainage, reduce financial burdens imposed on the community, its governmental units and its residents, by preventing excessive development in areas subject to flooding, and comply with federal and state floodplain management requirements.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY USE OR STRUCTURE

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

BASE FLOOD

A flood that has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").

BASE FLOOD ELEVATION (BFE)

The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH and A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

BASEMENT

Any area of the building having its floor below ground level on all sides. This definition pertains only to the floodplain regulation provisions of this chapter.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling; grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, and recreational and other similar vehicles that are placed on a site for more than 180 consecutive days.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after February 17, 1982, and includes any subsequent improvements thereto. This definition pertains only to the floodplain regulation provisions of this chapter.

SPECIAL FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.

START OF CONSTRUCTION

Includes substantial improvement and other proposed new development and means the date the permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a 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. 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. 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.

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. This definition pertains only to the floodplain regulation provisions of this chapter.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3) (e)(2), (e)(4), or (e)(5)[1] is presumed to be in violation until such time as that documentation is provided. This definition pertains only to the floodplain regulation provisions of this chapter.

[1]

Editor's Note: References are to Section 60.3 of the National Flood Insurance Program Regulations. See 44 CFR 60.3.

Applicability; abrogation; severability; liability; compliance.

(1)

Applicability.

(a)

It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Municipality unless a building permit has been obtained from the Community Development Department.

(b)

A building permit shall not be required for minor repairs to existing buildings or structures.

(2)

Abrogation and greater restrictions. This section supersedes any other conflicting provisions that may be in effect in identified floodplain areas. However, any other section's 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 section, the more restrictive shall apply.

(3)

Severability. If any section, subsection, paragraph, sentence, clause or phrase of this section shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of this section, which shall remain in full force and effect; and for this purpose, the provisions of this section are hereby declared to be severable.

(4)

Warning and disclaimer of responsibility. The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section 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. This section shall not create liability on the part of the Municipality or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(5)

Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations that apply to uses within the jurisdiction of this chapter.

Definition of floodplains.

(1)

Identification. The identified floodplain area shall be any areas of the Municipality of Murrysville classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs), dated _____ and issued by the Federal Emergency Management Agency (FEMA), or the most-recent revisions thereof, including all digital data developed as part of the Flood Insurance Study. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by the Municipality of Murrysville and declared to be a part of this chapter.

(2)

Description. The identified floodplain areas shall consist of the following specific areas:

(a)

FW (Floodway Area). The areas identified as "floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas that have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.

(b)

FF (Flood-Fringe Area). The areas identified as Zones AE and A1-30 in the FIS which are subject to inundation by the one-percent-annual-chance flood event, determined by detailed methods, and which have base flood elevations (BFEs) shown.

(c)

FA (General Floodplain Area). The areas identified as Zone A in the FIS for which no one-hundred-year-flood elevations have been provided. When available, information from other federal, state and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area that is nearest the construction site in question. 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)

Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Municipality's Planning Commission, and any party aggrieved by this decision may appeal to the Council. The burden of proof shall be on the appellant.

(3)

Application. The provisions in this section shall apply to any land use within any floodplain.

Procedures.

(1)

General. If compliance with any of the procedures of this section would result in an exceptional hardship to a prospective builder, developer or landowner, the Municipality may, upon request, grant relief from the strict application of the requirements.

(2)

Variances.

(a)

No variance shall be granted for any construction, development, use, or activity within any FF (Flood-Fringe Area) that would, together with all other existing and anticipated development, increase the BFE by more than one foot at any point.

[1]

No variance or special exception shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.

[2]

Except for a possible modification of the one-and-one-half-foot freeboard requirement involved, no variance or special exception shall be granted for any of the other requirements pertaining specifically to development regulated by special permit or to development that may endanger human life. [See Subsection F(6).]

[3]

If granted, a variance shall involve only the least modification necessary to provide relief.

[4]

In granting any variance, the Zoning Hearing Board 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 section.

[5]

Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:

[a]

The granting of the variance may result in increased premium rates for flood insurance.

[b]

Such variances may increase the risks to life and property.

[6]

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 result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense, nor create nuisances, cause fraud on or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

[7]

A complete record of all variance and related actions shall be maintained by the Municipality. In addition, a report of all variances and special exceptions granted during the year shall be included in the annual report to the Federal Insurance Administration.

(b)

Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.

Provisions.

(1)

General.

(a)

No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities that may be affected by such action have been notified by the Municipality and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

(b)

Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this section, all Pennsylvania Department of Environmental Protection regulations and any other applicable codes, ordinances and regulations.

(c)

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.

(2)

Regulations.

(a)

Floodway District (FW).

[1]

Permitted uses. In the Floodway District (FW), the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials and equipment and do not cause any increase in the one-hundred-year-flood heights.

[a]

Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.

[b]

Public and private recreational uses and activities that will not require permanent or temporary structures designed for human habitation, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature reserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas.

[c]

Accessory residential uses, such as yard areas, gardens, play areas and pervious parking areas.

[d]

Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, heliports, etc.

[2]

Special exceptions. The following uses and activities may be permitted by special exception, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance.

[a]

Utilities and public facilities and improvements, such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants and other similar or related uses.

[b]

Extraction of sand, gravel and other materials.

[c]

Water-related uses and activities, such as marinas, docks, wharves, piers, etc.

[d]

Temporary uses, such as circuses, carnivals and similar activities.

[e]

Storage of materials and equipment, provided that they are not buoyant, flammable or explosive, hazardous or biohazardous and are not subject to major damage by flooding or provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.

[f]

Other similar uses and activities, provided that they cause no increase in one-hundred-year-flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in this and all other applicable codes and ordinances.

[3]

Prohibited uses shall be as follows:

[a]

All principal structures and buildings.

[b]

Sanitary landfills, junkyards, storage of vehicles and the production, storage, use or maintenance of a supply of any materials that are buoyant, flammable, explosive or that may otherwise be dangerous to human life, including but not limited to:

	Acetone
	Ammonia
	Benzene
	Calcium carbide
	Carbon disulfide
	Celluloid
	Chlorine
	Hydrochloric acid
	Hydrocyanic acid
	Magnesium
	Nitric acid and oxides of nitrogen
	Pesticides (including insecticides, fungicides and rodenticides)
	Petroleum products (gasoline, fuel oil, etc.)
	Phosphorus
	Potassium
	Radioactive substances, insofar as such substances are not otherwise regulated
	Sodium
	Sulfur and sulfur products

[c]

All manufactured homes.

(b)

Flood-Fringe District (FF) and General Floodplain District (FA).

[1]

In the Flood-Fringe (FF) District and General Floodplain (FA) District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities and/or development shall be undertaken in strict compliance with the elevation and floodproofing requirements of this section.

[2]

Within any Flood-Fringe (FF) District or General Floodplain (FA) District, any structure used for production, storage, use or maintenance of a supply of the materials and substances cited in Subsection F(6)(a) shall be:

[a]

Prohibited with the area measured 100 feet landward from the top of the bank of any watercourse.

[b]

When permitted, designed and constructed with the technical standards below:

[i]

Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood; and

[ii]

Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.

[3]

In FF (Flood-Fringe Areas) without a designated floodway, no new development shall be permitted unless it can be demonstrated that the cumulative effect of all past and projected development will not increase the BFE by more than one foot.

(3)

Special requirements for FW and FA areas.

(a)

With any FW (Floodway Area), the following provisions apply:

[1]

Any new construction, development, use, activity or encroachment that would cause any increase in the one-hundred-year-flood heights shall be prohibited.

[2]

No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.

(b)

Within any FA (General Floodplain Area), the following provisions apply:

[1]

No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.

[2]

Any new construction or development that would cause any increase in the one-hundred-year-flood heights shall be prohibited within any floodway area.

(4)

Elevation and floodproofing requirements.

(a)

Residential structures. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.

(b)

Nonresidential structures.

[1]

Within any identified floodplain area, 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 by such structure shall remain either completely or essentially dry during any flood up to that height.

[2]

Any nonresidential structure or part thereof having a lowest floor that is not elevated to at least 1 1/2 feet above the one-hundred-year-flood elevation shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Floodproofing Regulations," published by the United States 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 that states that the proposed design and methods of construction are in conformance with the above-referenced standards.

(c)

Space below the lowest floor.

[1]

Fully enclosed space below the lowest floor (including basement) is prohibited.

[2]

Partially enclosed space below the lowest floor (including basement) that 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 "partially enclosed space" also includes crawl spaces. 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.

(d)

Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry but shall comply, at a minimum, with the following requirements:

[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 600 square feet.

[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 will be at least 1 1/2 feet above the one-hundred-year-flood elevation.

[6]

Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.

[7]

Sanitary facilities are prohibited.

[8]

The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwaters 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.

[9]

Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood.

(5)

Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

(a)

Fill. If fill is used, it shall:

[1]

Extend laterally at least 15 feet beyond the building line from all points.

[2]

Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.

[3]

Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.

[4]

Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to and approved by the Community Development Department.

[5]

Be used to the extent to which it does not adversely affect adjacent properties.

(b)

Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure 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.

(c)

Water and sanitary sewer facilities and systems.

[1]

All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.

[2]

Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

[3]

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)

Other utilities. All 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.

(e)

Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

(f)

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 Subsection F(6)(a), Development, that may endanger human life shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.

(g)

Placement of building 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.

(h)

Anchoring.

[1]

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.

[2]

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.

(i)

Floors, walls and ceilings.

[1]

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.

[2]

Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

[3]

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.

[4]

Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

(j)

Paints and adhesives.

[1]

Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.

[2]

Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

[3]

All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.

(k)

Electrical components.

[1]

Electrical distribution panels shall be at least three feet above the one-hundred-year-flood elevation.

[2]

Separate electrical circuits shall serve lower levels and shall be dropped from above.

(l)

Equipment. 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.

(m)

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.

(6)

Development that may endanger human life.

(a)

In accordance with the Pennsylvania Floodplain Management Act and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure that will be used for the production or storage of any of the following dangerous materials or substances; or 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 will involve the production, storage or use of any amount of radioactive substances shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:

	Acetone
	Ammonia
	Benzene
	Calcium carbide
	Carbon disulfide
	Celluloid
	Chlorine
	Hydrochloric acid
	Hydrocyanic acid
	Magnesium
	Nitric acid and oxides of nitrogen
	Pesticides (including insecticides, fungicides, and rodenticides)
	Petroleum products (gasoline, fuel oil, etc.)
	Phosphorus
	Potassium
	Radioactive substances, insofar as such substances are not otherwise regulated
	Sodium
	Sulfur and sulfur products

(b)

Within any FW (Floodway Area), any structure of the kind described in Subsection F(6)(a) above shall be prohibited.

(c)

Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection F(6)(a) above shall be:

[1]

Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood;

[2]

Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.

(d)

Any such structure or part thereof that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Floodproofing Regulations" (United States Army Corps of Engineers, June 1972, as amended March 1992) or with some other equivalent watertight standard.

(7)

Special requirements for manufactured homes.

(a)

Within any FW (Floodway Area), manufactured homes shall be prohibited.

(b)

Within any FA (General Floodplain area), manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.

(c)

Where permitted within any floodplain area, all manufactured homes and any improvements thereto shall be:

[1]

Placed on a permanent foundation.

[2]

Elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the one-hundred-year flood.

[3]

Anchored to resist flotation, collapse or lateral movement.

(8)

Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard 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.

(9)

Special requirements for recreational vehicles.

(a)

Recreational vehicles in Zones A1-30, AH and AE must either:

[1]

Be on the site for fewer than 180 consecutive days;

[2]

Be fully licensed and ready for highway use; or

[3]

Meet the permit requirements for manufactured homes in § 220-34F(7).

Existing structures in floodplain areas.

(1)

Existing structures. The provisions of this section 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 Subsection G(2) shall apply.

(2)

Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:

(a)

No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred-year flood.

(b)

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 be undertaken only in full compliance with the provisions of this section.

(c)

Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.

(d)

No expansion or enlargement of an existing structure shall be allowed within any FF (Flood-Fringe Area) that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

Lot size, setbacks and side yards. Lot and area regulations not otherwise controlled by this section shall meet the requirements of the zoning district in which the lot lies.

Activities requiring special permits.

(1)

General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Floodplain Management Act, the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Municipality.

(a)

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:

[1]

Hospitals.

[2]

Nursing homes.

[3]

Jails or prisons.

(b)

The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.

(2)

Application requirements for special permits. Applicants for special permits shall provide five copies of the following items:

(a)

A written request including a completed building permit application form.

(b)

A small-scale map showing the vicinity in which the proposed site is located.

(c)

A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:

[1]

North arrow, scale and date.

[2]

Topography based upon the North American Vertical Datum of 1988, showing existing and proposed contours at intervals of two feet.

[3]

All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet.

[4]

The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction and elevations.

[5]

The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting or affected by the proposed activity or development.

[6]

The location of the floodplain boundary line, information and spot elevations concerning the one-hundred-year-flood elevations and information concerning the flow of water, including direction and velocities.

[7]

The location of all proposed buildings, structures, utilities and any other improvements.

[8]

Any other information that the Municipality considers necessary for adequate review of the application.

(d)

Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale, showing the following:

[1]

Sufficiently detailed architectural or engineering drawings, including floor plans, sections and exterior building elevations, as appropriate.

[2]

For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.

[3]

Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood.

[4]

Detailed information concerning any proposed floodproofing measures.

[5]

Cross-section drawings for all proposed streets, drives, other accessways and parking areas, showing all right-of-way and pavement widths.

[6]

Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades.

[7]

Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities.

(e)

The following data and documentation:

[1]

Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.

[2]

Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the one-hundred-year flood.

[3]

A statement, certified by a registered professional engineer, architect, landscape architect or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one-hundred-year flood, including a statement concerning the effects such pollution may have on human life.

[4]

A statement, certified by a registered professional engineer, architect or landscape architect, that contains a complete and accurate description of the effects the proposed development will have on one-hundred-year-flood elevations and flows.

[5]

A statement, certified by a registered professional engineer, architect or landscape architect, that contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one-hundred-year-flood elevation and the effects such materials and debris may have on one-hundred-year-flood elevations and flows.

[6]

The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.

[7]

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.

[8]

Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under § 302 of Act 1978-166.

[9]

An evacuation plan that fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.

(3)

Application review procedures. Upon receipt of an application for a special permit by the Municipality, the following procedures shall apply in addition to those of Subsection I(2):

(a)

Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission, by registered or certified mail, for its review and recommendations. All costs for plan review by the County shall be paid by the applicant. Copies of the application shall also be forwarded to the Municipal Planning Commission and Municipal Engineer for review and comment.

(b)

If an application is received that is incomplete, the Municipality shall notify the applicant, in writing, stating in what respect the application is deficient.

(c)

If the Municipality decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

(d)

If the Municipality approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered or certified mail, within five working days after the date of approval. All costs for plan review by the Department of Community and Economic Development shall be paid by the applicant.

(e)

Before issuing the special permit, the Municipality shall allow the Department of Community and Economic Development 30 days after receipt of the notification by the Department to review the application and decision made by the Municipality.

(f)

If the Municipality does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.

(g)

If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Municipality and the applicant, in writing, of the reasons for the disapproval, and the Municipality shall not issue the special permit.

(4)

Special technical requirements.

(a)

In addition to the requirements of Subsection F of this section, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Subsection F of this section or in any other code, ordinance or regulation, the more restrictive provisions shall apply.

(b)

No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:

[1]

Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located and constructed so that:

[a]

The structure will survive inundation by waters of the one-hundred-year flood without any lateral movement or damage to either the structure itself or to any of its equipment or contents below the one-hundred-year-flood elevation.

[b]

The lowest floor (including basement) elevation will be at least 1 1/2 feet above the one-hundred-year-flood elevation.

[c]

The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the one-hundred-year flood.

[2]

Prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property.

(c)

All 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 and the Department of Community and Economic Development.

Administration.

(1)

Designation of the floodplain administrator. The Zoning Officer within the Department of Community Development is hereby appointed to administer and enforce this section and is referred to herein as the “floodplain administrator.”

(2)

Changes in identification of area. The identified floodplain area may be revised or modified by the Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, 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 by submitting technical or scientific data.

(3)

Permits.

(a)

Building permit required. Building permits shall be required before any construction or development is undertaken within any area of the Municipality of Murrysville.

(b)

Issuance of building permit; notification prior to alteration.

[1]

Issuance of building permit.

[a]

The Community Development Department shall issue a building 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.

[b]

Prior to the issuance of any building permit, the Community Development Department 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, amended); and the United States Clean Water Act § 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.

[c]

[2]

In addition, the Federal Emergency Management Agency (FEMA) and Pennsylvania Department of Community and Economic Development, Strategic Planning and Operations Office, shall be notified by the Municipality prior to any alteration or relocation of any watercourse.

(c)

Application procedures and requirements.

[1]

Application for such a building permit shall be made, in writing, to the Community Development Department on forms supplied by the Municipality. Such application shall contain the following:

[a]

The name and address of the applicant.

[b]

The name and address of the owner of land on which proposed construction is to occur.

[c]

The name and address of the contractor.

[d]

The site location.

[e]

A listing of other permits required.

[f]

A brief description of proposed work and estimated cost.

[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 building permits shall provide all the necessary information in sufficient detail and clarity to enable the Community Development Department to determine that:

[a]

All such proposals are consistent with the need to minimize flood damage and conform to 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.

[3]

Applicants shall file the following minimum information plus any other pertinent information as may be required by the Community Development Department to make the above determination:

[a]

A completed building permit application form.

[b]

A plan of the entire site clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:

[i]

North arrow, scale and date.

[ii]

Topographic contour lines, if available.

[iii]

All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet.

[iv]

The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development.

[v]

The location of all existing streets, drives and other accessways.

[vi]

The location of any existing bodies of water and 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:

[i]

The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.

[ii]

The elevation of the one-hundred-year flood.

[iii]

If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.

[iv]

Detailed information concerning any proposed floodproofing measures.

[d]

The following date and documentation:

[i]

A document, certified by a registered professional engineer or architect, that states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures that have been incorporated into the design of the structure and/or the development.

[ii]

Detailed information needed to determine compliance with Subsection F(5)(f), Storage, and Subsection F(6), Development that may endanger human life, including:

[iii]

The amount, location and purpose of any materials or substances referred to in Subsection F(5)(f) that are intended to be used, produced, stored or otherwise maintained on site.

[iv]

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 Subsection F(6) during a one-hundred-year flood.

[v]

The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.

[vi]

Where any excavation of grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.

(d)

Review by County Conservation District. 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 Community Development Department to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Community Development Department for possible incorporation into the proposed plan.

(e)

Review of application by others. 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 Community Development Department to any other appropriate agencies and/or individuals for review and comment.

(f)

Changes. After the issuance of a building permit by the Community Development Department, 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 Community Development Department. Requests for any such change shall be in writing and shall be submitted by the applicant to the Community Development Department for consideration.

(g)

Placards. In addition to the building permit, the Community Development Department shall issue a placard that shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit, the date of its issuance, and be signed by the Community Development Department.

(h)

Start of construction. Work on the proposed construction and/or development shall begin within six months and shall be completed within 12 months after the date of issuance of the building permit, or the permit shall expire, unless a time extension is granted, in writing, by the Community Development Department. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of basement, footings, piers or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings or the installation of sewer, gas and water pipes or electrical or other service lines from the street. Time extensions shall be granted only if a written request is submitted by the applicant that sets forth sufficient and reasonable cause for the Community Development Department to approve such a request.

(i)

Inspection and revocation.

[1]

During the construction period, the Community Development Department 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 shall make as many inspections during and upon completion of the work as are necessary.

[2]

In the discharge of its duties, the Community Development Department 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 section.

[3]

In the event that the Community Development Department 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 Community Development Department shall revoke the building permit and report such fact to the Council for whatever action it considers necessary.

[4]

A record of all such inspections and violations of this section shall be maintained.

(j)

Enforcement.

[1]

Notices. Whenever the Community Development Department or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section, or of any regulations adopted pursuant thereto, the Community Development Department shall give notice of such alleged violation as hereinafter provided. Such notice shall be in writing; include a statement of the reasons for its issuance; allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires; and 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 and contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.

[2]

Any development initiated or any structure or building constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter may be declared by the Council to be a public nuisance and abatable as such.

(k)

Appeals.

[1]

Any person aggrieved by any action or decision of the Community Development Department concerning the administration of the provisions of this section may appeal to the Municipality of Murrysville Zoning Hearing Board per procedures described in Article X of this chapter.

[2]

Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this commonwealth, including the Pennsylvania Floodplain Management Act.

§ 220-35 Steep slopes.

Purpose. The purpose of this section shall be to minimize adverse effects of improper construction on areas of steep slopes, such as slippage, accelerated erosion, damage to water quality, disturbance of natural features such as rock outcrops, springs, removal of natural vegetation and creation of unsightly slopes. Further, this section shall discourage construction in areas unsuitable for building and promote open space on hillsides, in its natural state.

Definition. "Areas of steep slopes" are defined as areas of existing topography where, in over a one-hundred-foot horizontal distance, or where the difference in elevation is over 20 feet, the slope equals or exceeds 25% from the top to bottom of the break in grade.

Application. The provisions of this section shall apply to all properties or all parts of properties in the Municipality.

Procedures.

(1)

Initial determination. An initial determination of the boundaries of the areas of steep slopes shall be made by the Zoning Officer, based upon data and maps described in Subsection B, Definition.

(2)

Reclassification. Upon receipt of the initial determination by the Zoning Officer, the landowner or his agent may provide additional information to the Zoning Officer if he believes he has a basis for a reclassification. Such information shall include detailed topographic surveys prepared by a qualified registered engineer, geologist or surveyor, on-site slope investigations by a registered engineer with experience in geotechnical work. The USDA Soil Conservation Service, USGS, USACE, or any other qualified party acceptable to the Municipality or a landowner or his agent may demonstrate that the proposed project would not have an adverse impact, such as slippage accelerated erosion and sedimentation, damage to water quality and increased instability or soils. The cost for such studies and surveys shall be borne by the landowner. All information so submitted shall be reviewed by the Municipal Engineer, who shall provide a written recommendation supporting or denying the request for reclassification.

(3)

Formal interpretation. In the event that a landowner or his agent is aggrieved by a reclassification decision, appeal may be made to the Zoning Hearing Board.

Municipal liability. The grant of a zoning or building permit or approval of a subdivision plan in steeply sloped areas shall not constitute a representation, guaranty or warranty of any kind by the Municipality, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Municipality, its officials or employees.

Permitted uses. The uses listed below may be authorized in areas of steep slopes and shall be subject to all other regulations adopted by the Municipality.

(1)

Agricultural uses, including cultivation and harvesting crops, and grazing and pasturing.

(2)

Horticultural uses, including the raising and propagating of trees, shrubs, flowers and other vegetative material.

(3)

Recreational uses, including public and private parks, day camps, picnic groves, golf courses, hunting and fishing.

(4)

Forestry, lumbering and reforestation, excluding storage and mill structures.

(5)

Game farms and hunting and fishing reserves.

(6)

Wildlife sanctuary and woodland reserve.

(7)

Grading or regrading of the land, involving up to 500 cubic yards of cut and fill, and/or a cut or fill depth of up to eight feet, and/or affecting up to three acres; however, same shall be subject to the provisions of the Land Operations Ordinance[1] for permit and inspections.

[1]

Editor's Note: See Ch. 124, Grading, Excavations and Filling.

(8)

Aboveground utility lines.

Conditional uses. The uses listed below may be authorized in areas of steep slopes and shall be subject to all other regulations adopted by the Municipality.

(1)

Uses stated below may be considered on or within 50 feet of slopes between 25% and 40%:

(a)

Dams, culverts and bridges.

(b)

Paved roads, driveways and parking areas.

(c)

Impounding basins, stormwater facilities.

(d)

Underground utility lines.

(e)

Grading or regrading of the land involving greater than or equal to 500 cubic yards of cut and fill, and/or a cut or fill depth greater than or equal to eight feet and/or affecting three or more acres.

(f)

Buildings, structures or retaining walls and required front, side or rear yards.

(g)

Required minimum front, side or rear setbacks.

(2)

Conditional use requests shall be accompanied by a revegetation or reforesting plan that will restore the natural characteristics of the area to the extent practicable. It shall further be accompanied by a detailed engineering study certified by a registered professional engineer experienced in soils engineering, prepared by a registered professional soils engineer approved by the Municipality and containing the following, at a minimum:

(a)

Detailed site maps at a scale of not less than one inch equals 50 feet with existing and proposed two-foot contours.

(b)

An investigation of the geological structure of the site, confirmed by on-site test borings or pits.

(c)

Statement of the anticipated problems.

(d)

Solutions accompanied by a slope stability analysis demonstrating a factor of safety greater than 1.4.

(e)

Detailed construction plans.

(f)

Inspection procedures.

Prohibited uses.

(1)

Sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or materials.

(2)

Sewage treatment plants.

Standards. All activity in this district shall be required to meet the standards of the land operations regulations.

§ 220-36 Development in areas of slope 40% or greater.

Permitted uses: none.

Conditional uses. The uses listed below may be authorized in areas of steep slopes and shall be subject to all other regulations adopted by the Municipality.

(1)

Conditional uses are as follows:

(a)

Utility lines.

(2)

Conditional use requests shall be accompanied by a revegetation or reforesting plan that will restore the natural characteristics of the area to the extent practicable. It shall further be accompanied by a detailed engineering study certified by a registered engineer experienced in soils engineering and approved by the Municipality. It shall contain the following, at a minimum:

(a)

Detailed site maps at a scale of not less than one inch equals 50 feet with existing and proposed two-foot contours.

(b)

An investigation of the geological structure of the site, confirmed by on-site test borings or pits.

(c)

Statement of the anticipated problems.

(d)

Solutions accompanied by a slope stability analysis demonstrating a factor of safety greater than 1.4.

(e)

Detailed construction plans.

(f)

Inspection procedures.

§ 220-37 Development in areas of poor soils.

Purpose. The purpose of this section shall be to minimize adverse effects of improper construction in areas of poor soils, such as slippage, accelerated erosion and sedimentation, damage to water quality and increased instability of soils.

Definition. Poor soils, listed herein, are defined by the Soils Survey of Westmoreland County, the Soil Conservation Service and the USDA:

(1)

Mine Dump Series.

(2)

Guernsey Series.

(3)

Gullied Land.

(4)

Made Land Series.

(5)

Upshur Series.

(6)

Upshur-Gilpin Series.

(7)

Strip Mine Spoil Series.

(8)

Mine Wash Series.

Application. The provisions of this section shall apply to all properties or all parts of properties in the Municipality.

Procedures.

(1)

Initial determination. An initial determination of the boundaries of areas of poor soils shall be made by the Zoning Officer, based upon data and maps described in Subsection B, Definition.

(2)

Reclassification. Upon receipt of the initial determination by the Zoning Officer, the landowner or his agent may provide additional information to the Zoning Officer if he believes he has a basis for a reclassification. Such information shall include detailed topographic surveys prepared by a qualified registered engineer, geologist or surveyor and on-site soils investigations by a registered engineer experienced in geotechnical work. The USDA Soil Conservation Service, USGS, USACE or any other qualified party acceptable to the Municipality or a landowner or his agent may demonstrate that the proposed project would not have an adverse impact, such as slippage, accelerated erosion and sedimentation, damage to water quality and increased instability of soils. The cost for such studies and surveys shall be borne by the landowner. All information so submitted shall be reviewed by the Municipal Engineer, who shall provide a written recommendation supporting or denying the request for reclassification.

(3)

Formal interpretation. In the event that a landowner or his agent is aggrieved by a reclassification decision, appeal may be made to the Zoning Hearing Board.

Municipal liability. The grant of a zoning or building permit or approval of a subdivision plan in an area of poor soils shall not constitute a representation, guaranty or warranty of any kind by the Municipality, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Municipality, its officials or employees.

Permitted uses: The uses listed below may be authorized in areas of poor soils and shall be subject to all other regulations adopted by the Municipality.

(1)

Horticultural uses, including but not limited to raising and propagating of trees, shrubs, flowers and other vegetative material.

(2)

Agricultural uses, including but not limited to cultivation and harvesting of crops, grazing and pasturing.

(3)

Recreational uses, including but not limited to public and private parks, day camps, picnic groves, golf courses, hunting and fishing.

(4)

Forestry, lumbering and reforestation, excluding storage and mill structures.

(5)

Game farms and hunting and fishing reserves.

(6)

Wildlife sanctuary and woodland reserve.

(7)

Grading or regrading of the land, involving up to 500 cubic yards of cut and fill and/or cut or fill depth up to eight feet, and/or affecting up to three acres; however, same shall be subject to the provisions of the Land Operations Ordinance for permit and inspections.

(8)

Utility lines.

Conditional uses. The uses listed below may be authorized in areas of steep slopes and shall be subject to all other regulations adopted by the Municipality.

(1)

Uses listed below may be considered on or within 50 feet of an area of poor soils:

(a)

Dams, culverts and bridges.

(b)

Paved roads, driveways and parking areas.

(c)

Impounding basins and stormwater facilities.

(d)

Grading or regrading of the land involving greater than or equal to 500 cubic yards of cut and fill, and/or a cut or fill depth greater than or equal to eight feet, and/or affecting three or more acres.

(e)

Buildings, structures or retaining walls.

(f)

Required minimum front, side or rear setbacks.

(2)

Conditional use requests shall be accompanied by a revegetation or reforesting plan that will restore the natural characteristics of the area to the extent practicable. It shall further be accompanied by a detailed engineering study certified by a registered professional engineer experienced in soils engineering and approved by the Municipality and containing the following, at a minimum:

(a)

Detailed site maps at a scale of not less than one inch equals 50 feet with existing and proposed two-inch contours.

(b)

An investigation of the geological structure of the site, confirmed by on-site test borings or pits.

(c)

Statement of special conditions.

(d)

Solutions accompanied by a slope stability analysis, demonstrating a factor of safety greater than 1.4.

(e)

Detailed construction plans.

(f)

Inspection procedures.

Prohibited uses:

(1)

All structures, buildings and uses with the exception of those specifically described in Subsections F, Permitted uses, and G, Conditional uses.

(2)

Sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or materials.

(3)

Sewage treatment plants.

Standards. All activity in this district shall be required to meet the standards of the land operations regulations.

§ 220-38 Wetlands.

The purpose and intent of this article is to protect wetland systems and sustain wetland hydroperiods, to minimize activities that degrade, destroy or otherwise negatively impact wetland values and functions and, where appropriate, to reestablish and restore productive wetland systems. Further, it is the purpose and intent of this article to promote ecological stability, improve water quality, prevent flooding and protect property and environmental resources. Wetlands serve many important hydrological and ecological values and functions. They reduce the impact of flooding by acting as natural retention and water storage areas. Wetlands act as groundwater recharge areas and protect water supplies for environmental, urban and agricultural use. Wetlands protect groundwater table levels and help minimize damage from fires. Wetlands provide inflows of clean water to the rivers and estuaries through surface and groundwater connections and minimize urban runoff by filtering water. They provide green space and biological diversity and serve to cool the atmosphere. Wetlands act as productive biological systems, providing habitat for a variety of animal species. Wetlands are important to our community values and aesthetic appearance.

§ 220-39 Applicability.

All wetlands in the Municipality of Murrysville shall be protected. No negative impacts shall be allowed within wetlands or wetland buffers except as specifically provided for in § 220-42. All development must be consistent with the wetland protection requirements of this article in addition to federal and state regulations for the protection of wetlands. The applicant, prior to the issuance of any development approval or permit, must demonstrate compliance with these requirements. The requirements of this article to protect wetlands and wetland buffers shall apply to all activities, whether urban, suburban, rural or agricultural.

In addition to the requirements of this article, all applicants must comply with all the requirements of the Commonwealth of Pennsylvania, Title 25, Chapter 102 (Erosion and Sediment Pollution Control Rules and Regulations), Chapter 105 (Dam Safety and Waterway Management), and the Clean Streams Law. The applicant must also obtain any other permits that may be required by federal, state, county or local law or ordinance.

§ 220-40 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANAEROBIC

A condition in which molecular oxygen is virtually absent.

BUFFER

The regulated area surrounding a wetland or stream.

ENDANGERED SPECIES

Those endangered species identified and/or discovered by a Pennsylvania Natural Diversity Index (PNDI) search.

EXOTIC VEGETATION

Nonnative plant material, often invasive, which is aggressive in nature.

FACULTATIVE SPECIES

Species that can occur both in wetlands and uplands; there are three categories of facultative species:

Facultative wetland plants (FACW) that usually occur in wetlands (estimated probability 67% to 99%) but occasionally are found in nonwetlands;

Facultative plants (FAC) that are equally likely to occur in wetlands or nonwetlands (estimated probability 34% to 66%); and

Facultative upland plants (FACU) that usually occur in nonwetlands (estimated probability 67% to 99%) but occasionally are found in wetlands (estimated probability 1% to 33%).

HYDRIC SOILS

Soil that is wetted to produce anaerobic conditions.

HYDROPHYTIC VEGETATION

Plants that have the ability to grow, effectively compete, reproduce, and/or persist in anaerobic soil conditions. Lists of these plants are available from the Environmental Protection Agency or Fish and Wildlife Agency.

MUNICIPAL ENGINEER

The duly appointed representative of the Municipality of Murrysville.

MUNICIPALITY

The Municipality of Murrysville.

NATURAL WETLAND HYDROPERIOD

The normal seasonal fluctuations in the surface and ground water levels of wetlands and the resulting duration of surface flooding in response to seasonal rainfall.

NORMAL CONDITIONS

Refers to the soil and hydrologic conditions that are normally present.

OBLIGATE SPECIES

Species that are found only in wetlands as opposed to ubiquitous species that grow either in wetlands or upland.

QUALIFIED ENVIRONMENTAL SCIENTIST

That individual trained and certified in the identification and delineation of wetlands by an accredited agency, such as the United States Army Corps of Engineers or the Society of Wetland Scientists or equivalent.

THREATENED SPECIES

Those threatened species identified and/or discovered by a Pennsylvania Natural Diversity Index (PNDI) search or as identified by other agencies.

WATER BODY

Any natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernible shoreline but not including a natural drainage system.

WETLAND HYDROLOGY

Inundation by water sufficient to support hydrophytic vegetation and develop hydric soils.

WETLAND MITIGATION

An action undertaken to accomplish one or more of the following:

Avoid and minimize impacts by limiting the degree or magnitude of the action and its implementation.

Rectify the impact by repairing, rehabilitating or restoring the impacted environment.

Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.

WETLANDS

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are an ecosystem type, sometimes occurring between upland and deep-water areas, that performs many important functions, including fish and wildlife habitat, flood protection, erosion control and water quality maintenance. Wetlands must be comprised of more than 50% of the composition of the dominant species obligate wetland (OBL), facultative wetlands species (FACW), and/or facultative (FAC) species. Wetlands shall be delineated by a qualified environmental scientist in a manner consistent with those described in the 1987 United States Army Corps of Engineers Wetlands Delineation Manual.

WETLANDS OVERLAY MAP

The initial map shall consist of hydric soils indicated on the Westmoreland County Soil Survey and wetlands recognized on the National Wetlands Inventory Maps, hydrologic, vegetation and forest maps.

ZONING HEARING BOARD

The Board members duly appointed by the Municipality of Murrysville.

ZONING OFFICER

The Zoning Officer or his authorized representative appointed by the Municipality of Murrysville.

§ 220-41 Delineation.

All submittals for subdivisions, site plans and/or plats shall be required to show wetland boundaries within the area of the proposed plan and required wetland buffers in accordance with § 220-42. Said wetlands shall be delineated by a qualified environmental scientist in a manner consistent with those described in the 1987 United States Army Corps of Engineers Wetlands Delineation Manual. A checklist of applicable requirements set forth by the Municipal Engineer must be included in the plan submittal or the plan will not be considered for technical review.

Where wetlands are found not to exist, applicants shall submit a written statement certifying wetlands are not present within the project limits for subdivisions, site plans and/or plats.

Prior to final approval by the Municipality for subdivisions, site plans and/or plats, applicants must demonstrate the submittal of necessary wetland permit applications to appropriate federal, state and/or county authorities. Final approval shall not be granted without the receipt of necessary permits from the aforementioned governing authorities.

All parties contemplating land purchase or development should consult the Murrysville Wetlands Map and obtain field delineation of wetlands prior to making decisions on land use and project design.

In such cases where a building permit is requested for a project site falling within a delineated wetland boundary included on the Wetlands Map, the Municipal Engineer, in conjunction with the Zoning Officer, shall request a delineation report.

§ 220-42 Wetland buffers.

Wetland buffers shall be provided and maintained in accordance with the following requirements:

Buffers shall be measured landward of the boundary of the delineated wetland. For natural bluffs with slopes steeper than one foot vertical to three feet horizontal, required buffers shall start at the top of the bank.

A wetland buffer of 50 feet shall be required around all wetlands greater than 0.25 acres. For wetlands smaller than 0.25 acres, the buffer shall be 25 feet. The above minimum buffers may be reduced by no more than 50% upon consideration of wetland size and shape, wetland function, topography and/or adjacent man-made or natural features. The applicant must demonstrate, based on the above criteria, that the required buffers cannot be provided and maintained.

Wetlands designated as "exceptional value" or containing any plant or animal species listed as rare, threatened or endangered on the PNDI shall be required to maintain a buffer of 50 feet.

The following protective measures will be required to assure protection of the wetlands. These special protective measures will be incorporated as conditions of approval during the site plan review process to ensure that the biological, scenic and functions of the wetlands are maintained. These measures shall be applied to all site plan and conditional use approvals where clearing and earth disturbance activities are greater than five acres in size and shall be governed by the following regulations:

(1)

In order to reduce nutrient inflows to wetlands, the location of sludge spreading, sewage plants, on-site disposal systems, septic tank leachfields, effluent percolation ponds and irrigation quality storage ponds must be 100 feet from the wetland, as measured under § 220-42A.

(2)

In order to maintain and protect breeding of species of special concern and/or threatened and endangered wildlife species that are found based on results of a PNDI search, the required wetland buffer where threatened and endangered species nest, den or breed shall be 300 feet from the wetland, as measured under § 220-42A. A biological survey, conducted by a qualified environmental scientist, will be required if there is indication that a threatened or endangered species is using the affected habitat. The survey shall be conducted during the appropriate time frame of the most recent normal nesting, denning or breeding period of the species and shall be updated if the development permit is to be issued more than one year after the submittal of the application.

§ 220-43 Performance standards for wetland areas.

Following are performance standards for all wetland areas and wetland buffers:

Vegetation removal. The removal of natural vegetation from wetlands and from buffer zones surrounding wetlands shall be governed by the following regulations:

(1)

Clearing or direct removal of vegetation shall not occur except in compliance with an approved plan developed by a qualified environmental scientist or engineer and as approved by the appropriate governing agencies.

(2)

All materials that are cleared from the wetland or buffer zone that are to be removed from the project site may not be piled or stored within the wetland.

(3)

Vegetation removed from the wetland or buffer zone that is to remain on site or plants that are to be replanted may be stored along edges of an open water habitat to avoid drying out the plants.

Dredging and filling. Dredging and filling activities within wetlands, wetland buffers and adjacent to wetland buffers shall be governed by the following regulations:

(1)

Dredging or filling shall not occur within a wetland unless the appropriate governing agencies permit such activity.

(2)

Dredging or filling activities must be in compliance with the provisions of Chapter 124 of the Murrysville Code, Grading, Excavations and Filling.

(3)

Filling which occurs landward of a wetland buffer zone shall be immediately stabilized and contained to prevent runoff of sediment into buffer zones or wetlands.

Construction within or adjacent to wetlands and wetland buffer zones. No alteration or construction shall be allowed within wetlands or buffer zones except as specifically provided in § 220-44, Permitted uses within wetland buffers, and § 220-48, Exceptions and waivers within wetland areas.

(1)

The structure and foundation of docks shall be designed to accommodate surface water flows and shall not be designed to impede, interrupt or impound surface water flows. Public and private dock structures shall be consistent with the Comprehensive Plan and with any applicable Municipality of Murrysville adopted building code.

(2)

Routine maintenance of existing structures shall be permitted but shall be performed in the least intrusive manner possible and shall not result in additional damage to the wetland or wetland buffer zone.

(3)

All pilings shall be secured, placed or set to the desired depth by the least disruptive method based on existing site characteristics as determined by appropriate engineering analyses.

(4)

Boardwalks shall be designed to minimize wetland disruption while allowing access for wildlife and water viewing. Where boardwalks are provided for golf course access and for access between facilities, they must be part of an overall site plan designed to minimize wetland intrusion.

(5)

The use of heavy equipment shall be minimized in the wetland buffer zones for permitted uses described in § 220-44.

(6)

There shall be no temporary filling of the wetland buffer zone for construction.

Waste disposal. Disposal of wastes in and around wetlands and buffer zones shall be governed by the following regulations:

(1)

The discharge of domestic, industrial, leachate, or agricultural wastewater containing heavy metals, herbicides, pesticides or any other toxic substance(s) in excess of concentration limits established by the appropriate state, federal and/or county guidelines into the waterways, wetlands or buffer zones shall be prohibited.

(2)

Proposed sludge, sewage and septic systems which are adjacent to wetlands shall be set back from such wetlands in accordance with the buffer requirements established in § 220-42.

(3)

No waste storage, treatment or disposal facility shall be located within 300 feet of a wetland area.

(4)

Any new waste storage, treatment or disposal facility shall be subject to the wetland protection provisions of this article and designed in such a manner as to have no negative effect on the wetlands or buffer zones.

(5)

The disposal of any waste shall not occur within a wetlands or wetlands buffer.

Stormwater management. Stormwater management in and around wetlands is critical to the survival of a healthy wetlands system and shall be governed by the following regulations:

(1)

Uncontrolled discharge of stormwater into wetlands is prohibited. Stormwater management must be provided to include retention and/or detention to ensure adequate storage and volume requirements and provide water quality treatment prior to being discharged into wetlands or wetland buffer zones. Stormwater management shall be in accordance with Chapter 198 of the Murrysville Code, Stormwater Management.

(2)

The stormwater basins shall be vegetated, and the use of herbicides and pesticides within the stormwater basin for vegetation and insect control shall be prohibited.

(3)

Any alteration of the volume of water within wetlands shall be prohibited unless determined necessary to restore or maintain the natural hydroperiods of the wetland system by way of a surface water management plan approved by the Municipal Engineer in consultation with the Westmoreland County Conservation District.

Wetland mitigation. The creation of wetlands, through mitigation, shall be governed by the following regulations:

(1)

In general, the applicant shall replace wetlands impacted by the proposed development in accordance with the requirements established by the Department of Environmental Protection, United States Army Corps of Engineers, USDA or the United States Fish and Wildlife Service, in addition to the regulations established by this article.

(2)

In all cases, except as listed in § 220-38, the applicant shall be required to replace the wetlands at a ratio of two times the acreage of the wetland area to be impacted by the proposed development.

(3)

The applicant shall submit plans prepared by a qualified environmental scientist showing in two-foot contours both the site to be impacted and the site of the replaced wetland with the parcel boundaries of the sites. The types and amounts of vegetation for both the impacted wetland and the mitigated wetland shall be indicated on the plan. The ratio, mix and types of vegetation in the replacement wetland must reasonably reflect that of the impacted wetlands; otherwise, the applicant must demonstrate that the proposed plantings will improve the values and functions of the important wetlands.

(4)

In all cases, the applicant must deposit with the Municipality financial security from an authorized bonding company or federal- or commonwealth-chartered lending institution in the amount of 110% of the actual cost of completion of required improvements. Cost estimates must be approved by the Municipal Engineer and must be supported by contracted work or estimates prepared by a licensed professional engineer representing the applicant. Release of such securities shall follow Chapter 201[1] of the Murrysville Code.

[1]

Editor's Note: See Ch. 201, Subdivision and Land Development.

(5)

Unless the applicant dedicates the area of the proposed wetland as a conservation easement, the applicant must dedicate said area as a wetland easement, including an access easement to the Municipality of Murrysville. Noting this easement on the deed of the property shall be required. The applicant shall deposit with the Municipality financial security from an authorized bonding company or federal- or commonwealth-chartered lending institution in the amount of 110% of the cost of completion of required improvements as estimated by a licensed professional engineer. This financial security shall be held for a minimum of 24 months as security for any maintenance.

§ 220-44 Permitted uses within wetland buffers.

The following permitted uses require the issuance of a wetland buffer permit by the Zoning Officer:

(1)

Utility and stormwater easements.

(2)

Maintenance of existing roadways, landscaping, and buildings.

(3)

Accessory buildings less than 200 square feet within the outer 25 feet of the wetland buffer in residentially zoned areas.

(4)

Selective clearing of vegetation in accordance with § 220-43.

(5)

Agriculture.

(6)

Passive recreation.

The wetland buffer permit must be submitted to the Zoning Officer for review, along with the appropriate review fee.

§ 220-45 Conditional uses within wetland buffers.

The following uses may be permitted under the general criteria and procedures listed in the chapter for conditional uses and specifically the criteria of this section. Approval shall be granted or denied by the Council after obtaining the recommendations of the Planning Commission. In approving applications for conditional uses, the Council may attach such additional requirements and stipulations as are considered necessary for the proper placement of the use on the site.

(1)

Stormwater management facilities.

(2)

Roadways, driveways, grading and drainage systems.

(3)

Recreational and educational facilities.

(4)

Wetland replacement.

The conditional use application must be submitted to the Municipality for review, along with the appropriate review fee.

§ 220-46 Restricted uses.

All uses not conforming to those mentioned in §§ 220-44 and 220-45.

§ 220-47 Lots of record.

Lots of record on the adoption date of this article which are less than one acre in size shall be exempt from the buffer provisions as outlined in § 220-42. Said lots shall remain exempt if such lots or parcels are not larger than five acres at the time of subdivision or lot consolidation. This waiver or exception shall not affect other buffer requirements contained in § 220-42.

§ 220-48 Exceptions and waivers within wetland areas.

This article is not intended to result in a taking of property under the Fifth Amendment of the United States Constitution or Section Five of the Tenth Article of the Pennsylvania Constitution, and variances may be granted by the Zoning Hearing Board of the Municipality of Murrysville under the procedures and provisions of the Pennsylvania Municipalities Planning Code (Act 247 of 1968 as amended by Act 170 of 1988 and Acts 67 and 68 of 2000) where a landowner proves that the implementation of this article will result in such a taking. All wetland alteration allowed under any variance shall be sufficiently mitigated to ensure that there is no net loss of functions or the spatial extent of wetlands in the Municipality of Murrysville. If variances are granted from the requirements of this article, the use of heavy equipment shall be minimized and there shall be no temporary filling of any wetland area or buffer zone. No variances to these standards shall be granted except in accordance with the conditions listed in this section and under the conditions and provisions described below. The provisions of this article for access purposes do not apply under the following circumstances:

Access to uplands. Where the owner of the property demonstrates that encroachment of wetlands or wetland buffers is necessary for access and no reasonable upland alternative exists, an exception or waiver shall be granted only when appropriate federal, state and county agencies, including the Westmoreland County Conservation District and the Municipal Engineer, certify in writing that the encroachment is the least damaging alternative; and the encroachment is the minimum encroachment capable of providing the required access; and the applicant submits an acceptable proposal for mitigation which will minimize damage to wetlands or buffers. That applicant must also meet any and all other county, state and federal requirements for the crossing of a wetland.

Bridges and road crossings in public rights-of-way. An exception from these regulations may be granted for proposed or approved bridges in a public right-of-way crossing estuarine waters or waters of the commonwealth so that public access may be maintained. For proposed bridges within public rights-of-ways crossing waters of the commonwealth, public access shall be allowed by clearing that portion of the affected wetland vegetation so long as a revegetation and management plan is reviewed, adopted and implemented in accordance with applicable federal and state regulations. The Municipal Engineer shall approve a request for access under this subsection only after receiving a satisfactory plan of the proposed development that shall demonstrate the need for access and shall designate the property boundaries. The plan shall also demonstrate the reason for the development and other information as may be required by the Murrysville Code, the Comprehensive Plan, the Zoning Ordinance and the Subdivision and Land Development Regulations. The decision of the Municipal Engineer may be appealed to the Murrysville Zoning Hearing Board.

Exceptions for regulated public utilities. An exception from these regulations may be granted where the applicant demonstrates that encroachment of wetlands or wetland buffers is necessary for the construction and/or maintenance of a regulated public utility, subject to the following conditions:

(1)

The construction or maintenance activity is for a linear facility that cannot be accomplished without wetlands impact;

(2)

The utility has demonstrated that the encroachment is necessary and that no reasonable upland alternative exists;

(3)

The activity is designed and located in such a manner that the least amount of damage to the wetlands is assured;

(4)

The applicant has submitted a proposal for revegetation and/or mitigation to offset the impact;

(5)

Permits have been received from the appropriate state and federal environmental agencies and copies of those permits have been submitted to the Municipality, prior to issuance of the municipal permit;

(6)

The Westmoreland County Conservation District and Municipal Engineer have reviewed the application and have determined, in writing, that the proposed encroachment is the least damaging alternative;

(7)

The applicant has provided proof of ownership or easement over the property to be encroached;

(8)

The applicant has demonstrated that the construction and/or maintenance activity will maximize the preservation of native indigenous vegetation; and

(9)

The utility demonstrates that, should fill be required, the minimum necessary is used to assure reasonable access to the property or construction activity.

Removal of exotic vegetation. An owner of land may impact wetlands and wetland buffers for the sole purpose of removal of exotic vegetation only if a plan or permit (including revegetation with appropriate native plant material, if necessary, and using methods that are the least intrusive to the wetland and wetland buffers) has been approved by appropriate federal, state and county agencies, including the Westmoreland County Conservation District and the Municipal Engineer.

Wetland encroachment. Up to 0.50 acres of wetland may be disturbed where permitted by the appropriate federal or state agency. An applicant may request such a disturbance only when the appropriate federal, state and county agencies, including the Westmoreland County Conservation District and the Municipal Engineer, certify in writing that the encroachment is the least damaging alternative; and the encroachment is the minimum encroachment capable of providing the required access; and the applicant submits an acceptable proposal for mitigation which will minimize damage to wetlands or buffers. That applicant must also meet any and all other county, state and federal requirements for the crossing of a wetland.

For wetland encroachments up to the allowable 0.50 acre, a review fee equal to 50% of the actual Department of Environmental Protection wetland encroachment fees shall be paid to the Municipality.

§ 220-49 Fees.

Where reviews associated with the implementation of this article are required, Council, by amendment to current fee ordinances, shall establish a fee schedule and collect fees to cover the Municipality's actual costs of administering this article.

§ 220-50 Violations.

Correction of a violation of applicable wetland preservation regulations shall consist of the following:

Where illegal activities in violation of current laws, codes or other applicable regulations have altered any wetland area so that all or part of the original area no longer meets the definition of a wetland or has negatively impacted a wetland, restoration shall be required at the site of the alteration. Restoration of buffers, habitat and hydrology of the original wetland area shall be required. The Municipality of Murrysville will also notify appropriate government agencies of the illegal activity.

Restoration shall be required before any development permits or orders are issued or within 90 days after receiving a notice of violation. This requirement shall include submittal of a minimum two-year letter of credit, or other acceptable financial equivalent, to assure the successful restoration of the particular violation. The Municipality of Murrysville will also notify appropriate government agencies of the activity. The wetland shall be protected as a natural wetland.

The Municipality may, at its discretion, also utilize the enforcement remedies contained in Sections 617, 617.1 and 617.2 of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended by Act 170 of 1988 and Acts 67 and 68 of 2000).

If the recipient of the notice of violation requests a hearing before the Municipality of Murrysville Zoning Hearing Board, then the provisions of Subsections A and/or C above shall not apply until final action by the Zoning Hearing Board. The recipient of the notice may, at its option, proceed with the corrective actions provided for in Subsections A and/or C above before the Municipality of Murrysville Zoning Hearing Board acts on the notice.

§ 220-51 Landscaping and buffering.

The regulations of this article are intended to improve the appearance of land developments, as well as to prevent erosion within the Municipality, by providing and maintaining landscaping that enhances a pleasant visual character, promotes the aesthetics of a site and serves to reduce the visual, noise and lighting impacts of the development on adjacent properties.

Applicability.

(1)

Land developments requiring approval of plans by the Council, as determined by the Municipalities Planning Code, (Act 247, as amended), shall include a landscape plan, prepared by a landscape architect registered in the Commonwealth of Pennsylvania, to be reviewed and approved by Council, meeting all applicable requirements of this article.

(2)

Land developments not requiring approval of plans by the Council, as determined by the Pennsylvania Municipalities Planning Code (Act 247, as amended), shall be reviewed by the Zoning Officer prior to the issuance of a building permit to assure compliance with applicable requirements of this article.

(3)

All applications for conditional use in the Mixed Use District shall be required to have landscaping plans prepared by a landscape architect registered in the Commonwealth of Pennsylvania. The Planning Commission and/or Council may require a landscape architect, registered in the Commonwealth of Pennsylvania, to prepare landscaping plans for other land development applications.

(4)

The applicant shall consider the "List of Exotic, Invasive Plants in the Murrysville Area" and the "Recommendations for Planting in Murrysville," as published by the Murrysville Environmental Advisory Council, in the selection of suitable landscape material to be used to meet the requirements of this chapter.

MU, B and R-3 multifamily developments.

(1)

General regulations for landscape requirements for all land developments in MU, B, and R-3 multifamily developments shall be:

(a)

Landscaping shall be used in all open areas not covered by buildings, required parking areas, sidewalks or other impervious surfaces. Landscaping shall be a mixture of high-level planting, low-level planting and ground cover that shall be of a type, size and placement compatible with the land development and the surrounding land uses.

(b)

The landscaped area shall be not less than 20% of the total disturbed area. Landscaping requirements included in § 220-51C of this chapter are in excess of this requirement and are not counted toward meeting this total required percentage.

(c)

A landscaped periphery shall be provided for a depth of 10 feet along all public rights-of-way, as measured from the property line, for all land developments in the Municipality.

(d)

Within the site area, landscaping shall be required for the following areas: the side and rear perimeters of the site; the building perimeter; parking lots; dumpsters; screening areas adjacent to residentially zoned properties and stormwater detention facilities in order to meet the objectives stated in § 220-51 of this chapter. Applicable requirements for these areas are included within this chapter. In addition, landscaping shall be considered for loading docks in order to meet the objectives stated in § 220-51 of this chapter.

(e)

Artificial plants are prohibited as a substitute for required landscaping improvements included in this chapter.

(f)

Site distance shall not be adversely affected by the location and size of landscaped plantings. Consideration shall be given to future growth potential of all planted materials in reviewing site distance issues.

(g)

Nonplanted materials, such as mulch and decorative rock, shall be limited to 60% of the total ground cover at the time of planting and to 20% of the total ground cover at plant maturity.

(h)

High-level planting shall be required at the rate of one per 1,000 square feet of total landscaping. Low-level planting shall be required at the rate of one per 200 square feet of total landscaping. High-level planting (trees) and low-level planting may be grouped. All other areas shall contain ground cover.

(2)

Council may modify or waive the landscaping standards of this chapter where one or more of the following conditions occurs:

(a)

There are special considerations of site design and/or topography.

(b)

There is existing healthy vegetation that is sufficient to meet the requirements. Existing vegetation shall be used to meet all or part of the requirements of this section wherever possible, if it satisfies the purposes as described in § 220-51 of this chapter.

(c)

There is a unique relationship to other properties.

(d)

Landscaping would interfere with utilities, easements, sight distance or other vegetation.

(e)

The site development is part of a unified development complex that includes multiple buildings and mixed uses where the developer may propose and Council may approve specific standards for that complex.

(f)

Sidewalks, as required by the Subdivision and Land Development Ordinance[1] requirements, necessitate site design modifications wherein the developer requires a reduction in landscaping in order to meet additional ordinance requirements.

[1]

Editor's Note: See Ch. 201, Subdivision and Land Development.

Parking facilities.

(1)

All parking lots shall meet the following requirements for landscaping.

(a)

All landscaped island curbs shall be constructed of a durable material such as asphalt or concrete.

(b)

Raised landscaped islands adjacent to municipal or state rights-of-way shall comply with Pennsylvania Department of Transportation (PennDOT) or municipal regulations, whichever is more stringent.

(c)

Trees, shrubs or flowers shall not be permitted to grow within two feet of a curb to prevent damage of plant materials by auto bumpers.

(2)

In addition to the requirements in Subsection A above, parking lots with five or more parking spaces shall meet the following requirements:

(a)

All parking areas that provide more than five parking spaces for any purpose other than single-family residences shall include one high-level planting for each 50 linear feet or fraction thereof of perimeter. Also, within these planting areas, low-level plantings and ground cover shall be installed in such a manner as to screen the parking area from the public right-of-way or adjacent property.

(3)

In addition to the requirements of Subsection B above, parking lots with 30 or more parking spaces shall meet the following requirements:

(a)

An eight-foot-wide raised planting strip between alternate sets of parking stall rows. This requirement is applicable if the parking stall row has 15 or more continuous parking spaces. The landscaping required in this planting strip shall include a mixture of high-level planting, low-level planting and ground cover. Deciduous species trees shall be planted up to 20 feet apart, evergreen species trees up to 10 feet apart and low-level planting up to five feet apart. These are minimum standards.

(b)

Raised landscaped islands, eight feet wide, at each end of a parking stall row of 15 or more continuous parking spaces. Such island shall be the full length of the parking spaces provided to prevent the encroachment of moving vehicles into parking spaces. In addition, if a parking stall row accommodates 40 or more spaces, an additional island, eight feet wide, is required. Thereafter, an additional landscaped island is required for every additional 20 spaces in the parking stall row. All required landscaped islands that are in addition to those at each end of a parking stall row must be spaced at regular intervals. The required landscaping to be included within these islands includes an appropriate mixture of high-level planting, low-level planting and ground cover. A minimum of one high-level planting or three low-level plantings shall be required for each island, with the remainder of the island consisting of ground cover.

(4)

A mixture of grass or ground cover, shrubs and trees of specimen quality, no less than six feet in height for evergreens and no less than 1 1/2 inches caliper for ornamental trees, shall be located in the landscape area. Shade trees may be planted up to 20 feet apart, ornamental trees up to 10 feet apart and shrubs up to five feet apart. These are minimum standards.

(5)

All parking areas that provide more than five parking spaces for any purpose other than single-family residences shall be physically separated from any public right-of-way or adjacent property zoned residential or used for residential purposes by a planting strip that shall not be less than eight feet in width. These buffer strips shall include one tree for each 50 linear feet or fraction thereof of perimeter. Also, within these buffer strips, an evergreen hedge or other contiguous plantings shall be installed in such a manner as to screen the parking area from the public right-of-way or adjacent property. Evergreen shrubs shall be at least four feet in height at the time of planting. The remainder of the landscape strip shall be improved with grass, ground cover or shrubs.

Nonresidential developments in Mixed Use District.

(1)

Purpose of landscaping. The purpose of landscaping for a development within the Mixed Use District is to assure that the development, whether as a result of conversion of an existing building or construction of a new building, is consistent with the purpose of the district, as stated in § 220-11.

(2)

In addition to the requirements of this section, the following standards and practices shall apply for developments located within the Mixed Use District.

(a)

A landscaped periphery shall be provided and maintained for a minimum depth of four feet along the side and rear property lines, except where natural or physical barriers exist that are determined by the Municipal Council to fulfill the landscaping requirement. In the event that parking spaces are located adjacent to the side or rear yard, this minimum depth shall be increased to six feet. Landscape periphery requirements for mixed use properties adjacent to R-zoned districts shall be governed by the requirements of § 220-51E of this chapter.

(b)

The landscaping within the above-described periphery shall be composed of low-level planting, high-level planting and ground cover, according to the standards described in § 220-51 of this chapter.

(c)

The areas immediately adjacent to the building(s) shall be landscaped with a mixture of ground cover, low-level planting and high-level planting to provide for adequate screening. Trees and shrubs shall be interspersed, unless otherwise recommended/approved by Council.

Buffering, screening and setback for nonresidential uses abutting R Districts.

(1)

Permitted uses.

(a)

Minimum yard requirements.

[1]

Nonresidential buildings shall not be located nor shall nonresidential uses be conducted closer to any lot line of any other lot in an R District than the distance specified in the following schedule, except as provided in § 220-11 of this chapter of the Murrysville Code.

[2]

Requirements for the Mixed Use District shall be those outlined in § 220-51B of this chapter.

[3]

Side or rear setback.

TABLE I Minimum Side or Rear Yard Setback Abutting R District
Minimum Side or Rear Yard Setback
Category	Setback Requirement (feet)	Types of Nonresidential Land Uses in Category
I	40	Off-street parking spaces and access roads
II	80	Churches, schools, public or semipublic buildings, all recreation facilities and commercial uses, except those listed below
III	100	Restaurants, entertainment facilities, and any site development generating more than 300 trips per day, according to Trip Generation, Institute of Transportation Engineers [Amended 12-21-2011 by Ord. No. 846-11]
IV	150	Outside sale or storage of building material or construction equipment and all industrial uses

(b)

Minimum landscaping requirements for permitted nonresidential land uses that are contiguous to R Zoning Districts. Within the required setback areas indicated in Table I, a minimum twenty-foot wide strip of landscaping shall be required. This strip shall include a combination of high-level planting and low-level planting according to the standards described in § 220-51 of this chapter, whichever is greater, with ground cover planted over the remaining area. Plantings may be grouped to best serve the purposes of Subsection E(1)(a) of this section.

(2)

Conditional uses.

(a)

Minimum yard requirements shown in Table I of this section may be waived and/or modified by the Municipal Council for a conditional use, subject to the following conditions, in addition to those enumerated in § 220-31 of the Murrysville Code.

[1]

In no instance shall the minimum yard requirement be reduced by more than 50% for the standards established above for Categories I and II. In no instances shall the minimum yard requirement be reduced by more than 25% for the standards established above for Categories III and IV.

[2]

In its determination for a conditional use application for a proposed nonresidential use with a reduced setback, the following performance standards shall apply. Council may waive or modify one or more of these performance standards if the topography of the site relative to the adjoining property is such that it provides a natural barrier to make the proposed use not visible from the adjoining R-zoned property, and provided that the conditional use approval would not be in conflict with the provisions of § 220-28.

[a]

The height of no structure on the site shall exceed 20 feet.

[b]

Storage buildings shall be screened to minimize visibility to adjoining residential properties.

[c]

No business use or activity shall be conducted within a reduced setback area, such as outdoor sales, display of vehicles, equipment and/or the placement of dumpsters.

[d]

No illuminated signs shall be permitted within a reduced setback area.

[e]

There shall be no vibration or noise level at the property line greater than those permitted for residential land uses according to § 220-33 of this chapter.

(b)

Landscaping and buffering requirements. In addition to the landscaping standards included in Subsection E(1)(b), buffer area shall include one or more of the following types of methods: high-level planting and low-level planting; ground cover; masonry walls; earth berms; wood, metal or brick fences. In its determination for the conditional use application, the proposed buffer treatment shall be evaluated as to its effectiveness in reducing the visual, noise and lighting impacts of the nonresidential use to the adjoining residential properties. Council shall consider the nature and intensity of the proposed use and the topography within both properties and any other unique characteristics of the site in determining the required buffer.

Stormwater detention and retention ponds. A landscaping plan shall be submitted for any land development or subdivision utilizing a detention or retention pond for stormwater on the site. The plan shall include an appropriate mixture of high-level trees, low-level shrubs and ground cover to effectively screen the facility with the dual purpose of making it more aesthetically pleasing while not interfering with its function.

Installation and maintenance of landscaping.

(1)

Installation. Plant materials must be installed consistent with standards of the American Standards for Nursery Stock published by the American Association of Nurserymen, Inc., Washington, D.C.

(2)

Maintenance. Maintenance of landscaped areas is the ongoing responsibility of the property owner. Required landscaping must be continuously maintained in a healthy manner. Plants that die must be replaced with a similar or acceptable substitute. Failure to maintain required landscaping shall result in an enforcement action by the Code Enforcement Officer as a violation of this chapter and shall be subject to the penalties as prescribed in Chapter 201, Subdivision and Land Development, Article XIV.

(3)

Completion of landscaping. Prior to the issuance of any building permit by the Municipality, a bond or other cash security in the amount of 110% of an approved estimate of the required landscaping improvements shall be submitted to the Municipality. An occupancy permit shall not be issued until all required landscaping improvements are installed. In the event that all of the required landscaping improvements cannot be installed at the time of request for an occupancy permit due to the loss of the planting season, a temporary occupancy permit may be granted for a period not longer than nine months to allow for landscaping improvements to be installed during the next planting season.

§ 220-52 Lighting.

[Amended 7-11-2012 by Ord. No. 858-12]

General requirements. The following represent bulk lighting requirements for all zoning districts within the Municipality:

(1)

The illumination projected from any property to a residential use shall at no time exceed 0.1 footcandle at the residential property line.

(2)

Lighting poles, standards, and fixtures shall be of a low-profile decorative variety with cutoff shielding to prevent spillover to the night sky, adjacent properties, or adjacent roadways, unless otherwise approved by Council as part of a development plan.

(3)

All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers, pedestrians, or adjacent residents by impairing their vision and so as not to create a nuisance by projecting or reflecting objectionable light or glare onto a neighboring use or property.

(4)

All electrical feeds to lighting standards shall be underground.

(5)

The applicant shall submit a photometric plan and construction details.

(6)

Exterior lighting shall be installed in conformance with the provisions of this section and the Uniform Construction Code.[1]

[1]

Editor's Note: See Ch. 96, Construction Codes, Uniform.

Exceptions:

(1)

Lights used for holiday decorations, when displayed during the period of display of the Municipality's public holiday decorations.

(2)

Portable, temporary lighting used to protect life and property.

Residential districts:

(1)

Illumination projected from any property shall not exceed 0.1 footcandle at the property line.

(2)

Common areas, such as entryways, walkways, parking areas, and driveways for group or multifamily developments, or any approved conditional use, shall provide a minimum illumination of 0.2 footcandle.

Mixed Use District:

(1)

Common areas, such as entryways, walkways, parking areas, driveways for group or multifamily development, or commercial uses, shall provide a minimum illumination of 0.2 footcandle.

(2)

No fixture shall be mounted higher than 15 feet above the adjacent grade.

(3)

Illumination shall be reduced by timers or other devices after normal hours of operation.

(4)

For any land development proposed within 100 feet of a residential use or along the road right-of-way, a night sky optic shield, or a similar shield, with side shields, is required on a lamp head to minimize the dispersal of light in other than a downward direction.

(5)

Metal halide lighting is required along the road right-of-way or for any land development proposed within 100 feet of a residential use.

Business District:

(1)

Common areas, such as entryways, walkways, parking areas, driveways for group or multifamily developments, or commercial uses, shall provide a minimum illumination of 0.2 footcandle.

(2)

No fixtures shall be mounted more than 25 feet above the adjacent grade.

(3)

Illumination shall be reduced by timers or other devices after normal hours of operation. Outdoor lighting used for illumination for walkways, private roadways and streets, equipment yards and outdoor security may remain on all night.

The above standards may be waived or modified by Council should the applicant present written evidence of special needs or circumstances unique to the development that require deviation from the above standards and the method by which any adverse effects are mitigated.

Decorative lighting:

(1)

Beginning along the Streetscape area, currently designated as the lots that adjoin Old William Penn Highway, bounded by the Barbara Redding Bridge on the west and Gates Avenue on the east, as well as along the boundary of commercial lots on both Old William Penn Highway and Route 22 in Murrysville, from Monroeville to Delmont, an applicant for land development shall provide light standards that comply with these requirements and are similar in design to the existing decorative site lighting, as illustrated on the attachment herein.[2]

[2]

Editor's Note: Said attachment is on file in the Municipality offices.

(2)

Lighting may be specifically directed to walls, landscape elements or other similar features so that light is confined within the boundaries of the subject parcel.

(3)

Straight pole high cutoff or an equivalent type of lighting is permitted on the interior of proposed parking areas.

(4)

Metal halide lighting is required along the road right-of-way or for any land development proposed within 100 feet of a residential use.

§ 220-53 Swimming pools.

A private swimming pool, but not including farm ponds, as regulated herein, shall be any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth of any point greater than two feet. No such swimming pool shall be allowed in any R District except as an accessory use and unless it complies with the following conditions and requirements:

(1)

The pool is intended to be used solely for the enjoyment of the owners of the property on which it is located.

(2)

It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 20 feet to any property line on which it is located.

(3)

In-ground swimming pools shall be so walled with a fence as to prevent uncontrolled access by children from the street or adjacent properties. The fence shall not be less than four feet in height and shall be maintained in good condition. The area used by bathers may be included within said fence. All gates must be self-locking with latches.

(4)

Aboveground pools having an exterior wall height of less than four feet shall be so modified as to meet the four-foot minimum wall or fence requirement. Any aboveground pool using a ladder for access must have the ladder removed when the pool is not in use. The ladder, when removed, must be stored in such a manner as to render the pool inaccessible to small children.

Community or club swimming pools. A community or club swimming pool shall be any pool constructed by an association of property owners or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools shall comply with the following conditions and requirements:

(1)

The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which located.

(2)

The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. Said fence or wall shall not be less than six feet in height and maintained in good condition. The area surrounding the enclosure, except for parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees maintained in good condition.

§ 220-54 Permitted projections into required yards.

The following shall be permitted to project into any required yard in any zoning district:

Typical architectural features, including but not limited to bay windows, window sills, chimneys, cornices and eaves, shall be permitted to project into required yards no more than 18 inches.

Decks and their stairs, stoops and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into required front and side yards no more than three feet and shall be no closer to the rear property line that 20 feet. Porches that have a roof or that are enclosed or have enclosed habitable foundations shall be subject to the yard requirements for the principal structure.

Steps attached to the principal building and open fire escapes shall be permitted to project into required yards no more than three feet.

§ 220-55 Height exceptions.

The height limitations of this chapter shall not apply to the following structures: church spires; chimneys; elevator bulkheads and other mechanical equipment which is part of the principal structure; conveyors; flagpoles; silos; standpipes; elevated water tanks; derricks; public utility structures and other structures not intended for human habitation which do not exceed the height limitations of the zoning district by more than 15 feet.

§ 220-56 Drive-through facilities.

All businesses which propose drive-through facilities, as defined by this chapter, as accessory uses or principal uses shall meet all of the following requirements:

Drive-through facilities proposed on parcels within a planned shopping center shall have access only from the interior circulation system within the planned shopping center site. All other properties shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

In addition to the parking spaces required for the principal use, a minimum grouping of five standing spaces, in one lane, with a total length of 100 feet, with direct access to each window or stall, shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.

Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.

Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.

§ 220-57 Outdoor storage in the MU and B Districts

Except for nurseries, garden supply, building supply, custom crafting and similar businesses which require outside storage of products offered for sale, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply, custom crafting and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge which is at least six feet in height.

In the B District, any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property. If existing buildings do not screen the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property, the area shall be screened by a hedge or opaque fence at least six feet in height.

§ 220-58 Refuse collection and waste disposal.

All organic rubbish and discarded materials shall be placed in tight verminproof containers on the property and shall be secured in side or rear yards screened from public view by means of a solid-face fence or wall at least six feet in height. Containers shall be emptied not less frequently than once a week. On properties where food is served in paper containers, covered waste receptacles shall be conspicuously located on the premises for use by patrons. The management shall be responsible for maintaining the property free of litter.

§ 220-59 Posting of address numbers.

Definitions. The terms "principal building" and "dwelling" are defined in Article II of Chapter 220 of the Code of the Municipality of Murrysville.

Requirements. It shall be the duty of the owners of all principal buildings and dwellings within the Municipality to post the proper identification of such structures within 60 days of the enactment of this section and of all future owners of such structures to post proper identification prior to occupancy.

Style. Said identification shall consist of the address number posted in numerals at least three inches in height with a minimum of a quarter-of-an-inch-wide stroke.

Visibility and placement.

(1)

Visibility is defined by factors, including but not limited to distinction from the background upon which the address number is posted, distance from the street, porches, trees and other objects that may prohibit the ease of recognition of the posted number from the street. Visibility shall also include the ability of emergency personnel (fire, police, and ambulance) to use said posted number to identify the building or dwelling unit from the street to which the building is addressed.

(2)

Said identification must be posted in a place where it is clearly visible from the street to which the building is addressed and must be posted in at least one of the following locations:

(a)

Address numbers placed on or within three feet of either side of the door facing the street to which the building or dwelling is addressed, wherever most visible. If such placement is not possible or visible due to the features of the structure, said address may be posted on an alternate location, as determined by the Code Enforcement Officer of the Municipality, in similar proximity to the door, such as a porch post.

(b)

Address number posted on both sides of the mailbox or both sides of the mailbox post, on the same side of the street as the structure that it serves.

(c)

Address number placed on a post, sign or similar object erected clearly in the front yard or to the side of the driveway servicing said building or dwelling. Said address number shall be no more than seven feet above the ground and no less than three feet above the ground. The number must be visible and readable by vehicles approaching the property from both directions of the street.

(3)

All structures sharing a common driveway must post address numbers in the manner described in Subsection D(2)(a). In addition, structures sharing a common driveway must also post address numbers in a manner described in either Subsection D(2)(b) and/or (c) of this section.

(4)

Buildings that contain units that do not face the street to which they are addressed, including but not limited to apartment buildings and office buildings, must post a building directory near the main entrance facing the street to which the units are addressed. Said directory may consist of a map showing the locations and numbers of said units. Owners must also post street addresses in a manner described by Subsection D(3) of this section.

(5)

The posted address number shall be no more than seven feet above the ground and no less than three feet above the ground.

Notice to conform. The Municipality is hereby authorized and directed to give notice, by personal service or by United States mail, to the owner or occupant, or both, as the case may be, by certified mail, of any premises that remains in violation of the provisions of this section, directing and requiring such owner or occupant to conform with the requirements of this section within five days after issuance of such notice.

Violations and penalties.

(1)

In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the municipal authorities may post or have posted said identification, as aforesaid; the cost thereof, together with any additional payment authorized by law, may be collected by the Municipality from such person, firm or corporation in the manner provided by law for the collection of municipal claims or by an action of assumpsit.

(2)

In addition to the other powers herein set forth for the violation of this chapter, the Municipality may institute proceedings in courts of equity.

§ 220-60 Special yard regulations.

Lots having frontage on more than one street shall provide the required front yards along every street.

No accessory building shall be located in any front yard.

Fences not over six in height shall be permitted on lots used for residential purposes in any district within the side and rear yards extending to the principal structure, except that ornamental fences not in excess of seven feet in height may be permitted with Zoning Hearing Board approval in any R District, provided that no written objection is offered by the adjacent property owners. Fences shall be limited to four feet in height in the area extending from the principal structure to the front yard.

Lot frontage shall not be less than 60% of lot width in the district applicable.

Cornices, eaves, belt courses, sills, canopies or similar permanent architectural projections may extend or project into required side yards not more than two inches for each one foot of width of such side yard and may extend or project into a required front or rear yard not more than 30 inches. Bay windows and chimneys may project into a required front, side or rear yard not more than 18 inches.

Open structures, such as porches, balconies or platforms, shall be considered a part of the building to which attached and shall not project into the required minimum front, side or rear yard.

No building or accessory building shall be located within 50 feet of the existing right-of-way line of major thoroughfares so designated on the officially adopted major thoroughfare plan of the Municipality. This provision shall supersede any less restrictive setback provisions as may be pertaining in any zoning district.

§ 220-61 Residential protection standards.

The standards listed below shall apply to all nonresidential uses which abut any residential use or district.

Operational compatibility standards. As a condition for approval of any permit or any other discretionary approval of any nonresidential use located in any residential district or adjacent to a residential district, the Council may impose conditions that are necessary to reduce or minimize any potentially adverse impacts on residential property. Such conditions may include but shall not be limited to the following:

(1)

Hours of operation and deliveries.

(2)

Location of activities on a site that generate potential adverse impacts on adjacent uses such as noise, dust, odor, glare, etc.

(3)

Placement of trash receptacles.

(4)

Lighting location, intensity and hours of illumination.

(5)

Placement and illumination of outdoor vending machines, telephones and similar outdoor services and activities.

(6)

Additional landscaping and buffering.

(7)

Additional height restrictions to reserve light, air rights, privacy and views of significant features from public property and rights-of-way.

(8)

Preservation of natural lighting and solar access.

(9)

Ventilation and control of odors, fumes and gasses.

(10)

Additional dust control paving.

Height/setbacks. Any new nonresidential structure located within 50 feet of any residential use or adjacent to any residential district shall maintain a setback from the lot line of residential use equal to the height of the nonresidential structure.

§ 220-62 No-impact home-based businesses.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

No on-site parking of commercially identified vehicles shall be permitted.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volumes or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

§ 220-63 Home occupation.

The home occupation shall be carried on by a member of the family residing in the dwelling unit. No more than one person who is not a resident of the dwelling unit shall be employed in the dwelling unit.

In the R-1, R-2 and R-3 Districts, the home occupation shall be carried on wholly within the principal dwelling. The home occupation shall not be conducted in any accessory structure. In the R-R District, the home occupation may be carried on in an accessory structure, provided the gross floor area of the accessory structure shall not exceed 25% of the gross floor area of the principal dwelling.

No more than 25% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.

There shall be no on-site production of articles for sale in the home occupation, other than customary handicrafts made by the resident, which may be produced for sale off the premises. Such articles shall not be displayed in quantity for sale on the premises, except that samples may be kept for the purpose of accepting orders.

There shall be no display on the premises of merchandise available for sale which has been produced off the premises; however, merchandise may be stored on the premises for delivery off the premises, such as Amway, Tupperware or similar products stored for distribution to customers or salespersons at their residence or place of business.

There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign no more than one square foot in surface area containing only the name of the resident and the nature of the home occupation, which may be attached to the wall of the dwelling or to the mailbox.

The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.

Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 220-33 of this chapter.

The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.

There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

In the R-1, R-2 and R-3 Districts, the home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises and commercial vehicles shall not be parked on the premises.

There shall be no storage of materials or equipment used in the home occupation outside a completely enclosed building.

Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of Article VII for the specific use in addition to the spaces required for the dwelling.

The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including but not limited to:

(1)

Beauty shops or barbershops containing more than two chairs;

(2)

Blacksmith or metal working;

(3)

Boarding stables;

(4)

Clinics, hospitals or nursing homes;

(5)

Funeral homes;

(6)

Group care facility, personal care boarding home or transitional dwelling;

(7)

Kennels, veterinary offices and clinics;

(8)

Private clubs;

(9)

Private instruction to more than five students at a time;

(10)

Restaurants or tea rooms;

(11)

Retail or wholesale sales; flea markets;

(12)

Tanning or massage salon;

(13)

Tourist or boarding home, other than bed-and-breakfast;

(14)

Vehicle or equipment rental, repair or sales; vehicle repair garages.

The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

(1)

Artist, photographer or handicrafts studio;

(2)

Catering off the premises;

(3)

Contracting business, excluding on-site storage of equipment;

(4)

Computer programmer, data processor, writer;

(5)

Consultant, clergy, counselor, bookkeeping, graphics or drafting services;

(6)

Dressmaker, tailor;

(7)

Professional offices which involve routine visitation by customers or clients;

(8)

Housekeeping or custodial services;

(9)

Interior designer;

(10)

Jewelry and/or watch repair, not including wholesale or retail sales;

(11)

Lawnmower and small engine repair in the R-R District only;

(12)

Locksmith;

(13)

Mail order business;

(14)

Manufacturer's representative;

(15)

Repair of small household appliances that can be hand carried, in the R-R District only;

(16)

Telemarketing;

(17)

Travel agent;

(18)

Tutoring or any other instruction to no more than five students at any one time;

(19)

Word processing, typing, secretarial services.

The acceptability of any proposed home occupation not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this section and the applicable criteria for "Comparable uses not specifically listed," in § 220-31J.

§ 220-64 Temporary construction trailers, model homes or sales offices.

Temporary construction trailers or model homes or sales offices shall be permitted in any zoning district, subject to the following conditions:

Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit or under Municipality approval to install public improvements. The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit or upon completion of the installation of the public improvements in a plan of subdivision. In the event that construction is phased, the temporary construction trailer shall be moved from the completed phase to the next phase when 90% of the required improvements in the completed phase have been installed as determined by the Municipality Engineer.

Model homes or sales offices shall be permitted only until 90% of the lots or dwelling units in the development are sold. In the case of a phased development, the use of a model home or sales office shall be permitted to continue only if the subsequent phase is initiated within six months of the completion of 90% of the lots or dwelling units in the prior phase.

A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer in accordance with the requirements of § 220-113 prior to the commencement of construction and shall be renewed every six months, if necessary, until the project is completed.

Temporary construction trailers shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line adjoining residential use.

Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use whatsoever.

No signs or other advertising materials for the project shall be attached to the temporary construction trailer; however, the name of the construction company may appear on the trailer.

"Class 3" materials as classified by the National Fire Protection Association (NFPA) shall not be stored in temporary construction trailers.

Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the zoning district in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within 25 feet of any property line adjoining residential use. No signs or other advertising information shall be located on the outside of the trailer or sales office.

Model homes or sales offices located in a trailer shall not be utilized for any dwelling use whatsoever during the time they are approved as a temporary use or structure in accordance with the provisions of this section.

Model homes or sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.

§ 220-65 Agriculture.

In the R-R and R-1 Districts, agricultural activities, including greenhouses, stables, kennels and animal husbandry, where authorized by this chapter, shall be subject to the following requirements:

Storage of manure, odor or dust-producing substances shall be located at least 200 feet from any property line.

Any building used for the keeping, raising or feeding of livestock and poultry shall be located at least 200 feet from any street line and from any adjacent landowner's well or dwelling and not less than 100 feet from the landowner's well or property line.

Animal shelters, including indoor kennels, shall be located no closer than 200 feet to any property line.

Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot and at least 200 feet from any property line which adjoins an R-1, R-2 or R-3 District.

Commercial greenhouse heating plants shall be at least 100 feet from any property line. The retail sales area for a greenhouse shall not exceed 1,200 square feet. The growing area shall not be considered sales area.

The minimum lot size for keeping livestock or farm animals shall be 10 acres. More than five "large livestock" animals, as defined by this chapter, shall require an additional 1/2 acre per animal.

No stable shall be located within 200 feet of any property line or occupied dwelling, other than the stable owner's dwelling.

All grazing and pasture areas shall be adequately fenced.

Retail sales of agricultural products, including garden nursery or greenhouse sales, shall be permitted accessory to a farm, subject to the following regulations:

(1)

All sales shall be conducted on the premises of a farm, as defined and regulated by this chapter.

(2)

Products sold shall include products raised, grown or produced on the farm.

(3)

All permanent structures shall comply with the yard requirements for principal structures in the R-1 District.

(4)

Seasonal roadside stands shall be located no closer than 15 feet to any street right-of-way or property line and shall be removed at the end of each growing season.

(5)

Buildings used for retail sales of agricultural products shall not exceed 1,000 square feet of sales floor area for every 10 acres of land farmed. No building used for agricultural products shall exceed 5,000 square feet of sales area.

(6)

Off-street parking for permanent structures shall be provided in accordance with the requirements of Article VII for retail businesses.

(7)

Off-street parking for seasonal roadside stands shall be designed in accordance with Article VII; however, the requirements for surfacing, marking, screening and landscaping shall not apply.

(8)

Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of Article VII for retail businesses; however, in no case shall less than 10 spaces be provided.

(9)

Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right-of-way and do not park or stand on any street or berm.

(10)

One nonilluminated freestanding sign shall be permitted to announce the agricultural sales, provided the maximum surface area of the sign shall not exceed 24 square feet, the height of the sign shall not exceed eight feet and the sign shall be located no closer than 10 feet to any property line or street right-of-way.

(11)

Seasonal activities such as hay rides, spring and fall festivals and similar activities related to the farm shall be subject to all applicable requirements of a retail establishments, provided adequate parking is provided in a temporary parking area based on the ratio specified in Article VII for "all other uses."

§ 220-66 Residential day care.

There shall be no more than two full-time or four part-time nonresident employees.

There shall be a minimum of two off-street parking spaces in addition to the number of spaces required for the residential use of the structure.

There shall be a maximum of one sign, no larger than two square feet gross sign area.

The owner and all employees shall be licensed by the Pennsylvania Department of Health to operate such a facility.

All employees of such a facility shall be required to undergo a criminal background investigation by the Murrysville Police Department. The applicant shall pay the cost of such investigation.

No person convicted of any sexually related criminal offense or any violent criminal offense shall be employed by such a facility.

Any outdoor play areas and facilities shall be adequately screened from adjoining residential uses.

Any outdoor play areas shall be protected with a child safety fence around the entire perimeter of the play area a minimum of four feet high.

§ 220-67 Transient retail uses.

Transient retail sales. Excepting for those agricultural sales allowed by § 220-65, Agriculture, a lot shall only be used for temporary retail sales if all of the following conditions are met:

(1)

The property shall be located within a zoning district that allows retail sales.

(2)

The operator shall have received a temporary use permit from the Zoning Officer

(3)

No off-street parking spaces shall be obstructed that are required as a minimum by this chapter to serve permanent uses on the lot.

(4)

Any signs visible from a public street shall comply with this chapter and be permitted as temporary signs.

(5)

If food or beverages are sold that are not prepackaged, the applicant shall prove compliance with state health regulations, including having on-site facilities for workers to wash their hands.

(6)

Any structure shall meet applicable minimum setbacks.

(7)

The activity shall not obstruct safe sight distances, and access to the site shall be provided in a manner meeting municipal site distance criteria.

(8)

Applicable state highway occupancy permit requirements shall be met.

Commercial and recreational vehicles.

(1)

No commercial vehicle or combination of vehicles for the operation of which state law requires a commercial driver's license or CDL shall be parked, stored or maintained on any street, road or right-of-way within any zoning district of the Municipality of Murrysville.

(2)

Motor homes and recreational trailers, as defined in the Pennsylvania Vehicle Code, and boats shall not be parked nor stored or maintained on any street, road or right-of-way within any zoning district of the Municipality of Murrysville.

(3)

The aforementioned vehicles cited under Subsection B(1) and (2) of this section shall not be parked within the front yard or side yard setbacks of R-1, R-2, and R-3 Districts more than three separate instances in one week or 72 hours in one week wherein the parking or storage of said vehicles constitutes regular and frequent storage inconsistent with the use of personal vehicles typically incidental to residential use.

(4)

The dispatch of commercial vehicles from any residence for use or purposes of business activity for which the vehicle is utilized shall expressly constitute an unauthorized home occupation. Vehicles that do not require a commercial driver's license and may be used as personal vehicles and that are utilized solely by an occupant to travel to an off-site place of employment or business are exempt from the aforesaid provision.

§ 220-67.1 Building Design and Amenities Performance Standards.

[Added 8-6-2008 by Ord. No. 771-08]

Unless otherwise required within this chapter, the following standards shall be applied to building facades that bear the following relationship to another building within a planned center, building on an adjacent parcel or front lot lines of the lot on which the subject building is constructed where the subject building line is at or approximately parallel to the opposing building wall or front lot line or where a line perpendicular to the subject building wall intersects aforesaid line(s) (or extensions thereof) at an interior angle equal to or greater than 45°. The "line" of the subject building as cited above shall be the line which most nearly parallels the entire subject building wall or face.

At least 20% of the entire face of any building shall be comprised of windows or tinted glass, the sum of which shall be distributed as follows for multistory buildings:

(1)

Two stories: 40% to 60% of the total required on each story.

(2)

Three stories: 24% to 36% to the total required on each story.

Flat roofs, those without any pitched form, shall include a parapet on the front concealing the roof.

At least four of the following shall be incorporated into any building proposed in retail, office, and residential sections:

(1)

Pitched or mansard roof form.

(2)

Cornices or roof overhangs.

(3)

Pilasters, stringcourses, or similar means of dividing the floors of structures or giving the impression of dividing traditional stories of buildings where warehouse or retail necessitates wall faces taller than 14 feet facing front lot lines, other principal structures and public rights-of-way.

(4)

At least two stories within the structure or the appearance of two stories through height and corresponding window placement on at least 1/3 of the building's face at intervals no less than 20% of the building's face.

(5)

The inclusion of pitched roofs or flat roofs with cornices or similar canopies housing open walkways and pedestrian areas on at least 1/3 of the building's face at intervals no less than 20% of the building's face.

(6)

Arrangement of street furniture, accompanied by building perimeter landscaping, such as park benches, lighting or outdoor eating areas, sufficient to meet the needs of anticipated customers grouped in accessible areas or arrangements at a rate of one per every 150 lineal feet of the building's face.

Subject building walls shall bear one or more of the following for every 50 lineal feet of the building wall and for every 30 lineal feet of townhouses, two-family dwellings, triplexes, and fourplexes in the residential use portions of mixed-use PRDs and mixed-use developments:

(1)

Change in building facade material accompanied by a variation in the roof parapet or roof style, which may include a variation in height or change in the style of cornice used.

(2)

Offset in the building of at least one foot.

(3)

The above variations shall occur not more than once every 20 lineal feet.

Prohibited exterior wall materials:

(1)

Large split-face block (e.g., size of eight inches by 16 inches or greater).

(2)

Tilt-up concrete panels.

(3)

Prefabricated metal panels.

(4)

Standard concrete masonry units (CMU).

Modifications. The standards cited in Subsections A through E of this section may be modified by Council in consideration of the objectives of the conditional use or planned residential development with which an application is associated.

Murrysville City Zoning Code

ARTICLE VI

§ 220-32 Applicability.

§ 220-33 Performance standards.

§ 220-34 Floodplains.

§ 220-35 Steep slopes.

§ 220-36 Development in areas of slope 40% or greater.

§ 220-37 Development in areas of poor soils.

§ 220-38 Wetlands.

§ 220-39 Applicability.

§ 220-40 Definitions.

§ 220-41 Delineation.

§ 220-42 Wetland buffers.

§ 220-43 Performance standards for wetland areas.

§ 220-44 Permitted uses within wetland buffers.

§ 220-45 Conditional uses within wetland buffers.

§ 220-46 Restricted uses.

§ 220-47 Lots of record.

§ 220-48 Exceptions and waivers within wetland areas.

§ 220-49 Fees.

§ 220-50 Violations.

§ 220-51 Landscaping and buffering.

§ 220-52 Lighting.

§ 220-53 Swimming pools.

§ 220-54 Permitted projections into required yards.

§ 220-55 Height exceptions.

§ 220-56 Drive-through facilities.

§ 220-57 Outdoor storage in the MU and B Districts

§ 220-58 Refuse collection and waste disposal.

§ 220-59 Posting of address numbers.

§ 220-60 Special yard regulations.

§ 220-61 Residential protection standards.

§ 220-62 No-impact home-based businesses.

§ 220-63 Home occupation.

§ 220-64 Temporary construction trailers, model homes or sales offices.

§ 220-65 Agriculture.

§ 220-66 Residential day care.

§ 220-67 Transient retail uses.

§ 220-67.1 Building Design and Amenities Performance Standards.