New Britain City Zoning Code
ARTICLE VI
General Regulations Applicable to All Districts
§ 450-30 Lot area and yard required.
A.
The lot and yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot or area shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
B.
No portion of a principal building or structure shall be built within the minimum depth of front, side or rear yards as specified by this chapter. Driveways are permitted in yards.
§ 450-31 Exceptions for existing alignment.
If the alignment of existing buildings on either side of a lot and within a distance of 50 feet of the proposed building and fronting on the same side of the same street in the same block is nearer to the street than the required front yard, the Borough Council may accept the average of such existing front yards as the required front yard for the proposed building.
§ 450-32 Height.
[Amended 3-12-1996 by Ord. No. 266; 4-14-2015 by Ord. No. 361; 10-13-2015 by Ord. No. 368;5-8-2018 by Ord. No. 386]
No building shall exceed a height of 35 feet, except as provided in the following and except as provided in other provisions of this chapter.
A.
The height limitations specified for each district in this chapter shall not apply to the following: church steeples, belfries, cupolas, monuments, or flagpoles. The maximum height for these structures shall not exceed 50 feet, and the minimum setback from the base of any such structure and any property line shall not be less than 50 feet.
§ 450-33 Access to public streets, minimum lot width, and lane lots.
A.
Principal buildings, structures, or uses shall be established only on lots with frontage on a public street or road improved to meet Borough standards. The length of the lot frontage along a street shall be no less than 25 feet. Lot width shall be measured at the minimum building setback line and shall be equal to the minimum lot width required for the use and district except as permitted for lane lots.
B.
Lane lots. Lane lots are lots which have access by means of a strip of land or lane connecting the lot to the road but which do not have the required minimum lot width at the required front yard line; they shall not be permitted, except under the following conditions:
(1)
Lane lots will be permitted for single-family detached units only.
(2)
The minimum lot area required shall be exclusive of the area of the lane.
(3)
Each lane lot shall have its own lane which shall be owned by the lot owner in fee simple.
[Amended 4-14-2015 by Ord. No. 361]
(4)
The width of the lane portion of the lot may not be less than 25 feet.
(5)
The minimum front yard setback for the structure shall measured from the point where the lot first reaches the minimum lot width from the applicable use or district.
§ 450-34 Obstructions to vision at intersections, streets, driveways and vehicle accessways.
On a corner lot or at a point of entry on a public road, nothing shall be erected, placed or allowed to grow in a manner which obscures vision. The requirements for a clear sight triangle, as specified in Chapter 385, Subdivision and Land Development, of the Code of the Borough of New Britain, shall be met.[1]
§ 450-35 Lighting.
[Amended 9-14-1999 by Ord. No. 281]
A.
General standards. Lights for all nonresidential uses shall be designed to minimize undesirable off-premises effects. Outdoor illumination in all districts shall be diffused or shielded in such a manner as not to create any hazardous situations for passing vehicular traffic or a nuisance to persons residing in the area. No use shall produce glare off the premises by illumination originating on the premises. No bare or direct light source shall be visible beyond the lot lines. This applies to all pole-mounted lights, building-mounted lights, sign lights, walkway lights, and any other type of illumination. No light shall shine directly into windows or onto streets and driveways off the premises. These standards shall not apply to decorative lights that are temporarily displayed during seasonal holidays.
B.
Types of pole-mounted lights permitted. Lighting shall be provided by fixtures with a height not more than 15 feet in all zoning districts. Height shall be measured from the ground to the uppermost point of the light fixture. Light fixtures shall be a shoebox-type fixture where the light source is not visible from the property line. Borough Council may consider other types of light fixtures, instead of the shoebox type, if the light source is not visible or if it can be shielded in a satisfactory manner.
C.
Lighting plan required. Any outdoor lighting such as pole-mounted, building, sign, canopy, or sidewalk illumination, and driveway lights, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. The Borough must approve the lighting plan prior to final plan approval.
D.
Light at the property line. Illumination from light originating on the site shall not exceed 0.3 footcandle at the lot line. Overhead light pollution caused by unshielded or bright lights shall not be permitted. No light shall shine directly into windows or onto streets and driveways in such a manner as to interfere with or distract driver's vision or be a nuisance to property owners or residents.
[Amended 5-8-2018 by Ord. No. 386]
§ 450-36 Corner lots and through lots.
A.
A lot with frontage on two or more streets (corner lots and through lots) shall have a building set back from each street not less than the required front yard. In cases of a corner lot, a rear yard is required, but such yard may be any yard not facing a public street. The remaining yard shall be a side yard. In cases of through lots, one yard shall be designated on the plans as the rear yard and one yard as a front yard for purposes of locating accessory buildings.
B.
Lots with three sides shall have one front yard, one side yard, and one rear yard.
§ 450-37 Trash and dumpster screening.
Outdoor collection stations shall be provided for garbage and trash removal. Trash container enclosures shall be screened from all adjoining properties and shall be located a minimum of 20 feet from any property line and shall not be located within any required buffer. These stations shall be located to the rear of the structure and shall be screened from view and landscaped. Trash containers shall not be located between the street and the front of any building.
§ 450-38 Environmental protection standards.
A.
All applicants for subdivision, land development or building permits shall meet the following standards of environmental protection. Site alterations, regrading, filling, or clearing of vegetation prior to the submission of plans for development shall be a violation of this chapter.
(1)
Floodplains. Areas identified as within the floodplain of the one-hundred-year recurrence flood shall not be altered, regraded, filled or built upon except in conformance with § 450-41, Floodplain regulations. The floodplain area shall be those areas which are subject to the one-hundred-year flood as identified in the Flood Insurance Study dated May 18, 1999, and the accompanying maps prepared by the Federal Emergency Management Agency, or the most recent revision thereof. It is the intent of this chapter to prohibit any building in or disturbance of the floodplain except where relief has been granted in accordance with this chapter.
[Amended 5-11-1999 by Ord. No. 280]
(2)
Floodplain soils. All such areas shall not be altered, regraded, filled or built upon except in conformance with § 450-41, Floodplain regulations. Where a floodplain has been delineated, this line shall be used the define the floodplain rather than floodplain soils lines.
[Amended 5-11-1999 by Ord. No. 280]
(3)
Steep slopes. In areas of steep slopes, the following standards shall apply:
(4)
Forest or wooded areas. No more than 20% of any forest or wooded areas, as defined by this chapter, and the associated understory plants and trees may be cleared or developed. The remaining 80% shall be preserved and protected. This restriction also applies to the provisions of § 450-51C.
[Amended 4-13-1999 by Ord. No. 279]
(5)
Lakes, ponds, waters of the commonwealth, or watercourses. These areas shall not be altered, regraded, developed, filled, piped, diverted, or built upon except as specifically authorized herein and/or where required permits and approvals have been obtained authorizing such activities form the Department of Environmental Protection and/or the U.S. Army Corps of Engineers.
(6)
Large trees. Trees measuring 16 inches or more in diameter shall be preserved or shall be replaced where preservation is not feasible. For every tree which exceeds 16 inches in diameter which is removed, replacement trees with a minimum diameter of three inches shall be planted on the site so that the total diameter-inches of replacement trees is equal to 1/2 the total diameter-inches of trees removed.
(7)
Wetlands. Wetlands shall not be altered, regraded, developed, filled, piped, diverted, or built upon except as specifically authorized herein and/or where required permits and approvals have been obtained authorizing such activities form the Department of Environmental Protection and the U.S. Army Corps of Engineers.
B.
Protection of areas with natural resource restrictions.
(1)
Areas with natural resource restrictions due to slopes, woodlands, wetlands, floodplains, floodplain soils, streams, watercourses, and tree protection areas should be left undisturbed to the extent specified herein and not occupied by structures, driveways, on-lot septic systems or other improvements. No portion of the building envelope or yard areas in which parking or accessory structures are permitted shall be occupied by natural resources as defined above. This area shall not include any lands which have a resource protection requirement of 100%, nor shall this area contain any portion of those resource restricted lands that may not be developed or disturbed in accordance with § 450-38A.
(2)
Areas outside of the building envelope of the lot (the area of the lot excluding all required yard areas, setbacks, and easements) may contain natural resources as defined herein, provided that those areas so affected must be identified on the recorded plans for the subdivision or land development or on the building permit application and shall be subject to a deed restriction to prevent any disturbance or development of these areas.
§ 450-39 Buffer yard and landscape requirements.
B.
Buffer.
(1)
A completely planted visual barrier or landscape screen of sufficient density and height to constitute an effective screen shall be provided and maintained in the following locations:
(a)
Between the C-1, SC, C-2, C-3, HC, E-I, C-U, LI, MUO and West Butler MUO Districts and any other residential district (R-1, R-2, MHP, and VH) or property in residential use; buffer width shall be not less than 25 feet.
[Amended 3-12-1996 by Ord. No. 266; 4-18-2016 by Ord. No. 373; 10-9-2018 by Ord. No. 391; 2-8-2022 by Ord. No. 417]
(2)
The buffer shall be planted along the side and rear property lines and may be located within the required side or rear yard setbacks. Where existing planting, topography, or man-made structures are deemed acceptable for screening purposes by Borough Council, the number of plants required may be reduced. The buffer shall be met by the applicant for subdivision or land development approval on his/her lot.
C.
Landscaped fencing required around uses. A solid fence not exceeding six feet in height shall be provided around uses which are required by Article IV to have a separation from surrounding properties. A required fence shall have along the exterior perimeter a planting area containing trees and hedges designed to provide a year-round landscaped area to add to the visual screening.
D.
Any portion of a lot in nonresidential use which is not used for buildings, structures, parking, aisles, sidewalks, or designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall plan.
E.
All mechanical and electrical equipment not enclosed in a structure shall be fully screened from view from any point in a manner compatible with the architectural and landscaping style of the lot.
F.
Plant materials list. The following plant materials are acceptable for street tree plantings and buffer plantings. Minimum sizes of trees to be planted are specified. Borough Council may permit other plant types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit as those listed below. All planting material shall meet the standards of the American Association of Nurserymen.
Canopy trees (2 1/2 inch caliper) | ||||
Acer ginnala - Amur maple | ||||
Acer rubrum - Red maple | ||||
Acer saccharum - Sugar maple | ||||
Betula alba - European white birch | ||||
Betula papyrifera - Paper birch | ||||
Fagus grandifolia - American beech | ||||
Fagus sylvatica - European beech | ||||
Fraxinus americana - White ash | ||||
Fraxinus Pennsylvania lanceolata - Green ash | ||||
Gleditsia triacanthos inermis - Thornless honeylocust | ||||
Liquidambar syraciflua - Sweet gum | ||||
Liriodendron tulipifera - Tulip tree | ||||
Phellodendron amurense - Amur cork tree | ||||
Platanus acerifolia - London plane tree | ||||
Quercus alba - White oak | ||||
Quercus borealis - Red oak | ||||
Quercus coccinea - Scarlet oak | ||||
Quercus palustris - Pin oak | ||||
Quercus phellos - Willow oak | ||||
Robina psuedoacacia inermis - Thornless black locust | ||||
Sophora japonica - Japanese pagoda tree | ||||
Tilia - Linden - all species hardy to the area | ||||
Zelkova serrata - Japanese Zelkova | ||||
Flowering trees | ||||
Amelanchier canadensis - Shadblow serviceberry | 5-6 feet | |||
Cornus florida - Flowering dogwood | 5-6 feet | |||
Cornus kousa - Kousa dogwood | 5-6 feet | |||
Cornus mas - Cornelian cherry dogwood | 5-6 feet | |||
Crataegus phaenopyrum - Washington hawthorn | 5-6 feet | |||
Koelreuteria paniculata - Golden rain tree | 8-10 feet | |||
Laburnum vossi - Goldenchain tree | 8-10 feet | |||
Magnolia soulangeana - Saucer magnolia | 5-6 feet | |||
Magnolia virginiana - Sweetbay magnolia | 5-6 feet | |||
Malus baccata - Siberian crab | 8-10 feet | |||
Malus floribunda - Japanese flowering crab | 8-10 feet | |||
Malus hopa - Hopa red-flowering crab | 8-10 feet | |||
Oxydendrum arboreum - sourwood | 5-6 feet | |||
Prunus kwanzan - Kwanzan cherry | 8-10 feet | |||
Prunus yedoensis - Yoshino cherry | 8-10 feet | |||
Pyrus calleryana Bradford - Callery pear | 8-10 feet | |||
Evergreens (4–5 feet) | ||||
Ilex opaca - American holly | ||||
Picea abies - Norway spruce | ||||
Picea omorika - Siberian spruce | ||||
Picea pungens - Colorado spruce | ||||
Pinus nigra - Austrian pine | ||||
Pseudotsuga menziesii - Douglas fir | ||||
Hedge | ||||
Crataegus intricata - Thicket hawthorn | 3–4 feet | |||
Forsythia intermedia - Border forsythia | 4–5 feet | |||
Rhamnus frangula Columnaris - Tallhedge buckthorn | 3–4 feet | |||
Syringa chinensis - Chinese lilac | 3–4 feet | |||
Syringa vulgaris - Common lilac | 4–5 feet | |||
Viburnum alatus - Viburnum | 4–5 feet | |||
Shrubs | ||||
a. | Juniperus virginiana - Upright juniper | 4–5 feet | ||
Pyracantha lalandi - Laland firethorn | 5–6 feet | |||
Taxus capitata - Upright yew | 2 1/2–3 feet | |||
Taxus hicksii - Hicks yew | 2 1/2–3 feet | |||
b. | Euonymus alatus - Winged euonymus | 3–4 feet | ||
Hamamelis vernalis - Vernal witch hazel | 4–5 feet | |||
Hamamelis virginiana - Common witch hazel | 4–5 feet | |||
Ilex verticillata - Winterberry | 4–5 feet | |||
Rhamnus frangula - Glossy buckthorn | 4–5 feet | |||
Viburnum dentatum - Arrowood viburnum | 4–5 feet | |||
Viburnum lantana - Wayfaringtree viburnum | 4–5 feet | |||
§ 450-40 Protection standards; nuisances.
A.
Intent. It is the intent of these regulations to prevent land, structures, or buildings from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous condition; noise or vibration; smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare or heat; liquid or solid refuse or wastes; condition conducive to the breeding of rodents or insects; or other substance, condition or elements (all referred to herein as "dangerous or objectionable elements") in a manner or amount as to adversely affect the surrounding area.
B.
Noise.
(1)
Inspection and testing. Upon presentation of appropriate credentials, the Zoning Officer or other duly appointed official may enter and inspect any private property or place for purposes of testing for violations of these sound performance standards or to locate the source of any noise disturbance. When permission is refused, the aforesaid official may obtain a search warrant from a court of competent jurisdiction upon a showing of probable cause that a violation of this chapter exists. All tests shall be conducted by a sound level meter which is accepted in the trade as being of average quality and sensitivity.
(2)
Impulsive sound. No sound shall be permitted for a duration of more than five seconds or more than two incidents within a twenty-four-hour period which is above the level of 110 dBA at any real property boundary upon which the source of the sound is located.
(3)
Noise-sensitive zones. The property upon which any hospital, school, nursery, rehabilitation center, sanitarium, nursing home, convalescent home, or home for the aged is located shall be designated as a "noise-sensitive zone." The measure of the dBA level at the boundary line of any such noise-sensitive zone shall comply with the general sound standard as set forth in this section, except all dBA ratings shall be lowered by a factor of 15 dBA for computation purposes.
(4)
General sound standard. All sound sources, including nonconforming uses, shall comply with the general sound standard for the district in which they are located, unless covered specifically by another section herein.
[Amended 5-8-2018 by Ord. No. 386]
dBA Rating Limit | ||
|---|---|---|
Day | Night | |
Land Use Category | (Mon.-Fri. 7:00 a.m.-7:00 p.m.) (Sat. and Sun. 9:00 a.m.-7:00 p.m.) | (Mon.-Fri. 7:00 p.m.-7:00 a.m.) (Sat. and Sun. 7:00 p.m.-9:00 a.m.) |
All residential districts, education/institutional districts, park/open space districts and college/university districts | 60 | 50 |
Shopping center | 75 | 65 |
C-1, C-2, C-3 Districts | 75 | 65 |
Light industrial | 75 | 65 |
Mobile home park | 60 | 50 |
All measurements shall be taken at the property boundary of the sound source. | ||
(5)
Specific prohibitions. The following acts and the causes thereof are declared to be in violation of this chapter:
[Amended 5-8-2018 by Ord. No. 386]
(a)
Operating, playing, or permitting the operation or playing of any radio, television, phonograph, sound amplifier, musical instrument, or other such device between the hours of 7:00 p.m. and 7:00 a.m. in such a manner as to create a noise disturbance across a real property line or within a noise-sensitive zone.
(b)
Owning, possessing, or harboring any animal which frequently or for any continued duration howls, barks, crows, or makes any other sound so as to create a noise disturbance across any real property boundary or within a noise-sensitive zone.
(c)
Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work between the hours of 7:00 p.m. and 7:00 a.m. if such operation creates a noise disturbance across a real property boundary line or within a noise-sensitive zone. This section does not apply to domestic power tools or to vehicles which are designed for transportation use on public highways.
(d)
Repairing, rebuilding, modifying, testing, or operating a motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause a noise disturbance across a real property boundary or within a noise-sensitive zone. This section shall not apply to operation on public highways of any vehicle in a normal manner.
(e)
Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device (used outdoors) between the hours of 9:00 p.m. and 7:00 a.m. so as to cause a noise disturbance across any nonindustrial real property boundary or within a noise-sensitive zone.
(6)
Exceptions.
[Amended 5-8-2018 by Ord. No. 386]
(a)
The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, the emission of sound in the performance of emergency work, or the performance of municipal service operations or activities.
(b)
A temporary permit for exceeding the above limits may be issued by the Borough Manager upon due cause shown, in consultation with the Borough Zoning Officer and Borough Engineer.
C.
Air pollution.
(1)
No use shall emit or cause or allow to be emitted or permit to escape into the open air any air contaminant of a quantity or quality which will violate any provision of this chapter.
(2)
No use shall operate or maintain or permit to be operated or maintained any equipment, installation or device which by reason of its operation or maintenance will discharge contaminants to the air in excess of the limits prescribed herein unless he shall install and maintain in conjunction therewith such control equipment as will prevent the emission into the open air of any air contaminant in a quantity or quality that will violate any provision of this chapter.
(3)
Smoke. There shall be no emission into the atmosphere from any operation of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines, except that visible gray smoke of a shade not darker than No. 2 on shade chart may be emitted for a period or periods aggregating four minutes in any eight-hour period. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of any other color.
(4)
Other air pollutants. There shall be no emission of fly ash, dust, dirt, fumes, vapors or gases into the atmosphere from any operation to any extent that would cause any damage to the public health, to animals, or vegetation or other forms of property or which can cause excessive soiling of any point beyond the lot line of the use creating the emission. No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in the stack at full load.
(5)
All applicable standards of the Pennsylvania Department of Environmental Protection and the U.S. Environmental Protection Agency regarding air pollution or airborne contaminants shall be adhered to by all uses in the Borough. This applies to fugitive contaminants, particulate matter emissions, sulfur compound emissions, toxic materials, and any other air contaminants regulated by the state and federal authorities. The most stringent standards shall apply.
(6)
Permits.
(a)
It shall be unlawful for any person to install, alter, enlarge or make additions to any existing or new facilities, equipment or operation that may be a source of air contaminants or to install, alter, enlarge or make additions to any existing or new equipment, devices or apparatus, the use of which may eliminate, reduce or control the emission of air contaminants, until an application, including plans and specifications has been filed with the Borough and a permit has been issued following review and approval by the Borough Engineer and Borough Council.
(b)
Where a permit also is required from the Commonwealth Department of Environmental Protection, no Borough permit shall be issued until the state permit has been obtained and evidence of the same has been given to the Borough.
(7)
Toxic materials. In addition to the Ambient Air Quality Standards of the Commonwealth of Pennsylvania, the release of toxic materials shall be in accordance with the fractional quantity permitted by this chapter, of those toxic materials currently listed in the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any twenty-four-hour sampling period. The release of airborne toxic matter shall not exceed 1/30 of the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any 24 hours sampling period. The release of airborne toxic matter shall not exceed 1/30 of the threshold limit value beyond the district boundary lines.
D.
Electrical and electromagnetic interference. There shall be no electrical or electromagnetic disturbance at any point at or beyond the property lines of the use where the disturbance originates.
E.
Fire and explosion. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices.
F.
Vibration.
(1)
No use shall cause vibrations exceeding the maximum values specified in this section. The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of placement and frequency. When computed, the following formula shall be used:
PV = 6.38 F x D | ||||
Where: | ||||
PV | = | Particle velocity, inches per second | ||
F | = | Vibration frequency, cycles per second | ||
D | = | Single amplitude displacement of the vibration, inches | ||
(2)
At any adjacent lot line, PV shall not exceed 0.10 inches per second; except, within any residential district, PV shall not exceed 0.02 inches per second. Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 100 per minute, then the values in these values may be multiplied by two.
(3)
Particle velocity shall be the vector sum of three individual components measured simultaneously in three mutually perpendicular directions.
G.
Glare and heat.
(1)
No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line shall be permitted. These regulations shall not apply to signs or lighting of parking areas otherwise permitted by this chapter. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.
(2)
Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandles when measured in any residential or commercial district.
(3)
No heat from any use shall be sensed at any property line to the extent of raising the temperature of air or materials more than 1° F.
H.
Nonradioactive liquid or solid wastes, and storage.
(1)
There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in accordance with the laws and regulations of the United States, the State of Pennsylvania, Bucks County, and New Britain Borough.
(2)
All outdoor storage facilities for fuel, raw materials, and products, and all fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence.
(3)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
(4)
All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
(5)
All outdoor storage facilities for fuel, raw materials, products, waste, or similar material, shall be shielded from view of the public highways and any residential or recreational use.
I.
Odor. Odorous material released from any operation or activity shall not exceed the odor threshold beyond the lot line, measured either at ground level or habitable elevation. Odor threshold is defined as the lowest concentration of odorous matter that produced an olfactory response in normal human beings. Odor thresholds shall be measured in accordance with ASTM D1931-57 "Standards Method for Measurement of Odor in Atmosphere (Dilution Method)" or its equivalent.
J.
Application of performance standards.
(1)
Any use established or changed to and any building, structure or land developed, constructed or used for any use or any accessory use thereto shall comply with all the performance standards herein set forth.
(2)
If any existing use or building or other structure is extended, enlarged or reconstructed, the performance standards herein set forth shall apply to such extended, enlarged or reconstructed portion or portions of such use, building or other structure.
(3)
Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(a)
Where determinations can be made by the Zoning Officer or other Borough employees using equipment normally available to the Borough or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.
(b)
Where technical complexity or extraordinary expense makes it unreasonable for the Borough to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and protecting the general public from unnecessary costs for administration and enforcement.
(c)
If the Zoning Officer finds, after making determinations in the manner set forth in this chapter, that there is a violation of the performance standards set forth herein, he shall take or cause to be taken lawful action to cause correction to within the limits established by such performance standards. Failure to obey lawful orders concerning such corrections shall be punishable under the provisions of this chapter and the Pennsylvania Municipalities Planning Code.
(4)
If, in the considered judgment of the Zoning Officer, there is probable violation of the performance standards set forth herein, the procedures for enforcement of this chapter shall be followed.
K.
No one shall park or store a truck with a gross vehicle weight of 26,000 pounds or more, which must be driven by an operator with a commercial drivers license, in an area zoned R-1, R-2, VH, MHP, C-U and E-I within New Britain Borough.
[Added 8-8-2000 by Ord. No. 284]
§ 450-41 Floodplain regulations.
[Amended 5-11-1999 by Ord. No. 280; 5-10-2005 by Ord. No. 299; 2-24-2015 by Ord. No. 362; 5-8-2018 by Ord. No. 386]
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Council of the Borough of New Britain does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
General provisions.
(1)
Intent. The intent of this section is to:
(a)
Promote the general health, welfare, and safety of the community.
(b)
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
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 Borough of New Britain unless a permit has been obtained from the floodplain administrator.
(3)
Abrogation and greater restrictions. This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this section, the more restrictive shall apply.
(4)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur, or 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.
(b)
This section shall not create liability on the part of the Borough of New Britain or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
C.
Administration.
(1)
Designation of the floodplain administrator.
(a)
The Zoning Officer is hereby appointed to administer and enforce this section and is referred to herein as the "floodplain administrator." The floodplain administrator may:
[1]
Fulfill the duties and responsibilities set forth in these regulations;
[2]
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
[3]
Enter into a written agreement or written contract with another agency or private-sector entity to administer specific provisions of these regulations.
(b)
Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(c)
In the absence of a designated floodplain administrator, the floodplain administrator duties are to be fulfilled by the Borough Manager.
(2)
Permits required. A permit shall be required before any construction or development is undertaken within any area of the Borough of New Britain.
(3)
Duties and responsibilities of the floodplain administrator.
(a)
The floodplain administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this section and all other applicable codes and ordinances.
(b)
Prior to the issuance of any permit, the floodplain administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
(c)
In the case of existing structures, prior to the issuance of any development/permit, the floodplain administrator shall review the history of repairs to the subject building, so that any cumulative substantial damage concerns can be addressed before the permit is issued.
(d)
During the construction period, the floodplain administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(e)
In the discharge of his/her duties, the floodplain administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.
(f)
In the event the floodplain administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the floodplain administrator shall revoke the permit and report such fact to the Council for whatever action it considers necessary.
(g)
The floodplain administrator shall maintain in perpetuity all records associated with the requirements of this section, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(h)
The floodplain administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.
(i)
The responsibility, authority and means to implement the commitments of the floodplain administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in this section as the floodplain administrator/manager.
(j)
The floodplain administrator shall consider the requirements of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions thereof.
(4)
Application procedures and requirements.
(a)
Application for such a permit shall be made, in writing, to the floodplain administrator on forms supplied by the Borough of New Britain. Such application shall contain the following:
[1]
Name and address of applicant.
[2]
Name and address of owner of land on which proposed construction is to occur.
[3]
Name and address of contractor.
[4]
Site location, including address.
[5]
Listing of other permits required.
[6]
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred, where appropriate.
[7]
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(b)
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the floodplain administrator to determine that:
[1]
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this section and all other applicable codes and ordinances;
[2]
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;
[3]
Adequate drainage is provided so as to reduce exposure to flood hazards;
[4]
Structures will be anchored to prevent flotation, collapse, or lateral movement;
[5]
Building materials are flood-resistant;
[6]
Appropriate practices that minimize flood damage have been used; and
[7]
Electrical, heating, ventilation, plumbing, and air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the floodplain administrator to make the above determination:
[1]
A completed permit application form.
[2]
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:
[a]
North arrow, scale, and date;
[b]
Topographic contour lines, if available;
[c]
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
[d]
The location of all existing streets, drives, and other accessways; and
[e]
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water, including direction and velocities.
[3]
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:
[4]
The following data and documentation:
[a]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area [see Subsection D(1)], when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
[b]
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[c]
[d]
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[e]
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.
(d)
Applications for permits shall be accompanied by a fee, payable to the municipality, based upon the estimated cost of the proposed construction as determined by the floodplain administrator.
(5)
Review by Bucks 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 applicant to the Bucks County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Bucks County Conservation District shall be incorporated into the proposed plan.
(6)
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 floodplain administrator to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment.
(7)
Changes. After the issuance of a permit by the floodplain administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the floodplain administrator. Requests for any such change shall be in writing and shall be submitted by the applicant to the floodplain administrator for consideration.
(8)
Placards. In addition to the permit, the floodplain administrator shall issue a placard, which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit and the date of its issuance and be signed by the floodplain administrator.
(9)
Start of construction.
(a)
Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development permit. Work shall also be completed within 12 months after the date of issuance of the permit or the permit shall expire, unless a time extension is granted, in writing, by the floodplain administrator. The issuance of development permit does not refer to the zoning approval.
(b)
The "actual start of construction" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. 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.
(c)
Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the floodplain administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
(10)
Enforcement.
(a)
Notices. Whenever the floodplain administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section, or of any regulations adopted pursuant thereto, the floodplain administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
[1]
Be in writing;
[2]
Include a statement of the reasons for its issuance;
[3]
Allow a reasonable time, not to exceed a period of 30 days, for the performance of any act it requires;
[4]
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;
[5]
Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this section.
(b)
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this section or who fails or refuses to comply with any notice, order or direction of the floodplain administrator or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Borough of New Britain of not less than $25 nor more than $600, plus costs of prosecution. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this section. The imposition of a fine or penalty for any violation of, or noncompliance with, this section shall not excuse the violation or noncompliance or permit it to continue. All such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this section may be declared by the Council to be a public nuisance and abatable as such.
(11)
Appeals.
(a)
Any person aggrieved by any action or decision of the floodplain administrator concerning the administration of the provisions of this section may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the floodplain administrator.
D.
Identification of floodplain areas.
(1)
Identification.
(a)
The identified floodplain area shall be:
[1]
Any areas of Borough of New Britain classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 21, 2017, and issued by the Federal Emergency Management Agency (FEMA), or the most-recent revision thereof, including all digital data developed as part of the Flood Insurance Study; and
[2]
Any community-identified flood hazard areas.
(b)
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Borough of New Britain and declared to be a part of this section.
(2)
Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
(a)
The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
[1]
Within any Floodway Area, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
[2]
Within any Floodway Area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection's regional office and a variance is granted by the Zoning Hearing Board.
(b)
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
[1]
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
(c)
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site. In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality.
(d)
Community-identified flood hazard areas shall be those areas where the Borough of New Britain has identified local flood hazard or ponding areas, as delineated and adopted on a local flood hazard map using best available topographic data and locally derived information, such as flood of record, historic high-water marks, soils or approximate study methodologies.
(3)
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 to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See Subsection E(1)(b) for situations where FEMA notification is required.
(4)
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Borough of New Britain, and any party aggrieved by this decision or determination may appeal to the Council. The burden of proof shall be on the appellant.
(5)
Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.
E.
Technical provisions.
(1)
General.
(a)
Alteration or relocation of watercourse.
[1]
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality and until all required permits or approvals have first been obtained from the Department of Environmental Protection's regional office.
[2]
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.
[3]
In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
(b)
When a community proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the Floodway; or any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or alteration or relocation of a stream (including, but not limited to, installing culverts and bridges):
[1]
The applicant shall (as per 44 CFR 65.12) apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
[2]
Upon receipt of the Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
[3]
Upon completion of the proposed encroachments, a community shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.
(c)
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 and any other applicable codes, ordinances and regulations.
(d)
Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
(2)
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Subsection H, then the following provisions apply:
(a)
Residential structures.
[1]
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
[2]
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with Subsection D(2)(c) of this section.
[3]
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC), or the most-recent revisions thereof, and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized, where they are more restrictive.
(b)
Nonresidential structures.
[1]
In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation or be designed and constructed so that the space enclosed below the regulatory flood elevation:
[2]
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with Subsection D(2)(c) of this section.
[3]
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing 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 which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
[4]
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC), or the most-recent revisions thereof, and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized, where they are more restrictive.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor (including basements) is prohibited.
[2]
Partially enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
[3]
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, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(d)
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement, as defined in this section, must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
(e)
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 elevated to the regulatory flood elevation.
[6]
Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, etc., are prohibited.
[7]
Sanitary facilities are prohibited.
[8]
The structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
[a]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[b]
The bottom of all openings shall be no higher than one foot above grade.
[c]
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(3)
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(a)
Fill.
[1]
Within any identified floodplain area, the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in Subsection H, then the following provisions apply. If fill is used, it shall:
[a]
Extend laterally at least 15 feet beyond the building line from all points;
[b]
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
[c]
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
[d]
Be no steeper than one vertical to three horizontal feet, unless substantiated data justifying steeper slopes are submitted to, and approved by, the floodplain administrator; and
[e]
Be used to the extent to which it does not adversely affect adjacent properties.
(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 supply 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 waste disposal 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.
[4]
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities from Flood Damages," and the "International Private Sewage Disposal Code" shall be utilized.
(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 E(4), Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(g)
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(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.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.
(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.
(n)
Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 through 405, as amended), and not limited to the following provisions, shall apply to the above and other sections and subsections of this section, to the extent that they are more restrictive and supplement the requirements of this section:
(4)
Development which may endanger human life. Within any identified floodplain area, any structure of the kind described in Subsection E(4)(a) below shall be prohibited. If a variance is obtained in accordance with the criteria in Subsection H, then the following provisions apply [Subsection E(4)(b), (c) and (d)]:
(a)
In accordance with the Pennsylvania Flood Plain 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 which 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:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulphur and sulphur products.
[17]
Pesticides (including insecticides, fungicides, and rodenticides).
[18]
Radioactive substances, insofar as such substances are not otherwise regulated.
(b)
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection E(4)(a) above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(c)
Within any Floodway Area, any structure of the kind described in Subsection E(4)(a) above shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection E(4)(a) above shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with Subsection E(1), (2) and (3).
(d)
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in Subsection E(4)(a) above shall be built in accordance with Subsection E(1), (2) and (3), including:
[1]
Elevated, or designed and constructed, to remain completely dry up to at least 1 1/2 feet above base flood elevation; and
[2]
Designed to prevent pollution from the structure or activity during the course of a base flood.
[3]
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 "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
(5)
Special requirements for subdivisions and development. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision and letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
(6)
Special requirements for manufactured homes.
(a)
Within any identified floodplain area, manufactured homes shall be prohibited. No variance shall be granted.
F.
Prohibited activities.
(1)
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identified floodplain area. No variance shall be granted.
G.
Existing structures in identified 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 identified floodplain area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in Subsection D(2)(c).
(b)
The above activity shall also address the requirements of 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
(c)
Within any Floodway Area/District [see Subsection D(2)(a)], no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
(d)
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.
(e)
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "cumulative substantial damage" shall be undertaken only in full compliance with the provisions of this section.
H.
Variances.
(1)
General. If compliance with any of the requirements of this section would result in an exceptional hardship to a prospective builder, developer or landowner, the Borough of New Britain Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
(2)
Variance procedures and conditions. Requests for variances shall be considered by the Borough of New Britain in accordance with the procedures contained in Subsection C(11) and the following:
(a)
No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In an A Area/District, BFEs are determined using the methodology in Subsection D(2)(c).
(b)
No variance shall be granted for development pertaining to manufactured homes [Subsection E(6)] or to prohibited activities (Subsection F). Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Subsection E(4), Development which may endanger human life.
(c)
If granted, a variance shall involve only the least modification necessary to provide relief.
(d)
In granting any variance, the Borough of New Britain 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.
(f)
(g)
A complete record of all variance requests and related actions shall be maintained by the Borough of New Britain. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.
(h)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.
I.
Definitions.
(1)
General. Unless specifically defined below, words and phrases used in this section shall be interpreted so as to give this section its most reasonable application.
(2) ACCESSORY USE OR STRUCTURE BASE FLOOD BASE FLOOD DISCHARGE BASE FLOOD ELEVATION (BFE) BASEMENT BUILDING CUMULATIVE SUBSTANTIAL DAMAGE DEVELOPMENT EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FLOOD FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOODPLAIN AREA FLOODPROOFING FLOODWAY HISTORIC STRUCTURE(a) (b) (c) (d) IDENTIFIED FLOODPLAIN AREA LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION PERSON POST-FIRM STRUCTURE PRE-FIRM STRUCTURE RECREATIONAL VEHICLE(a) (b) (c) (d) REGULATORY FLOOD ELEVATION SPECIAL FLOOD HAZARD AREA (SFHA) START OF CONSTRUCTION STRUCTURE SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT UNIFORM CONSTRUCTION CODE (UCC) VARIANCE VIOLATION
Specific definitions. As used in this section, the following terms shall have the meanings indicated:
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
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.
Any area of the building having its floor below ground level on all sides.
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
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.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Any structure that is:
Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study but may include additional areas identified by the community. See Subsection D(1) and (2) for the specifics on what areas the community has included in the identified floodplain area.
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this section.
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, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced on or after the effective start date of this section, and includes any subsequent improvements to such structures. Any construction started after April 2, 1979, and before the effective start date of this section is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM), dated April 2, 1979, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM), dated April 2, 1979, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck;
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.
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.
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit, unless a time extension is granted, in writing, by the floodplain administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and 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.
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
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.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or cumulative substantial damage, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General Assembly in 1999, applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable to the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
A grant of relief by a community from the terms of a floodplain management regulation.
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 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
§ 450-42 Parking standards.
A.
General standards.
(1)
Existing parking. Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this article so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.
(2)
Change in requirements. Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standards of this chapter, the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of that section.
(3)
Conflict with other uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
(4)
Continuing obligation. All required facilities shall be provided and maintained as long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced after their provision, except upon the approval of the Zoning Hearing Board and then only after proof that, by reason of diminution in floor area, seating area, the number of employees, or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this article. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard, or an unreasonable impediment to traffic.
(5)
Maintenance of parking areas. For parking areas of three or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the Borough Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. All off-street parking spaces shall be marked so as to indicate their location.
B.
Joint use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. The number of spaces required in a common parking facility may be reduced below this total only if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for uses served by the facility.
C.
Parking space design.
(2)
Accessible parking spaces for disabled persons: one handicapped-accessible space in any parking area having between one and 25 spaces; two handicapped-accessible spaces in any parking area having between 26 and 50 spaces, or as may otherwise by required by the Americans with Disabilities Act.
(3)
All dead-end parking aisles shall be designed to provide sufficient backup area for the end stalls of the parking lot.
(4)
Drives and parking aisles shall be designed so that each motor vehicle may proceed to and from a parking stall without requiring the moving of any other motor vehicle, except for parking areas for single-family detached dwellings.
D.
Parking lot access and traffic control. In order to minimize traffic congestion and hazard, control street access in the interest of public safety, no off-street parking lot for motor vehicles shall abut directly a public street unless separated from the street by a raised curb and barrier planting strip, wall or other barrier except at accessways. Each parking area shall have no more than two accessways to any one public street for each 150 feet of frontage.
E.
Location of parking spaces. Required off-street parking spaces shall be on the same lot or premises with the principal use served. Parking areas for nonresidential uses may occupy no more than half the minimum required yard area, which shall be the yard area closer to the principal use, so that the yard area at the outer edge of the property is left open and is not occupied by parking. No parking area shall, however, be located closer than 25 feet from a front lot line.
F.
Reduction of nonresidential parking requirements. In order to prevent the establishment of greater number of parking spaces than is actually required to serve the needs of nonresidential uses, Borough Council, after consulting with the Planning Commission and Borough Engineer, may permit a conditional reduction of parking space if the following conditions are satisfied:
(1)
The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of this chapter. The plan shall also illustrate the layout for the total number of parking spaces.
(2)
The conditional reduction shall provide for the establishment of not less than 70% of the required number of parking spaces, as specified in this chapter. This initial phase of the parking provision shall be clearly indicated in the plan.
(3)
The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. This parking area which is reserved shall be located and have characteristics so as to provide amenable open space should it be determined the additional parking spaces are not required. The developer shall provide a landscaping plan for the reserved area with the land development plan.
(4)
The developer shall enter into a written agreement with Borough Council that, after one year following the issuing of the last occupancy permit, the additional parking spaces shall be provided at the developer's or owner's expense should it be determined that the required number of parking spaces are necessary to satisfy the need of the particular land development.
(5)
At the time of the above stated agreement, the developer or owner shall post a performance bond or other securities to cover the expense of a traffic study to be undertaken by a registered traffic engineer of Borough Council's choosing, who shall determine the advisability of providing the full parking requirement.
(6)
Land which has been determined and designated by Borough Council as areas of reserved parking rather than as required parking shall not be used to provide parking spaces for any addition or expansion but shall remain as open space.
G.
Parking requirements for uses.
(2)
Nonresidential uses.
[Amended 3-12-1996 by Ord. No. 266; 4-13-1999 by Ord. No. 279; 4-14-2015 by Ord. No. 361; 4-18-2016 by Ord. No. 373; 5-8-2018 by Ord. No. 386; 10-9-2018 by Ord. No. 391; 2-8-2022 by Ord. No. 417]
Use | Number of Required Parking Spaces | |||
|---|---|---|---|---|
Adult commercial | 1 off-street parking space for every 100 square feet of gross floor area. | |||
Automobile body repair and/or paint shop | 1 off-street parking space for each service bay plus space for employee parking. | |||
Automobile sales | 1 off-street parking space for each 500 square feet of gross interior floor area, plus 1 space for each employee. Customer parking must be clearly designated and separated from area for vehicle sales and storage space. | |||
Automobile service station and/or car wash | 2 off-street parking spaces for each service bay plus 2 spaces for every 100 square feet of convenience shopping space. | |||
Bank or financial establishment | 1 off-street parking space for each 100 square feet of gross area used or intended to be used for servicing customers. | |||
Beer/soda distributor | 1 off-street parking space for each 200 square feet of retail floor area. | |||
Bed-and-breakfast | 1 off-street parking space for each guest room plus two spaces for the owner-operator. | |||
Brewery/Brewpub/Micro-Winery/Distillery | 1 space for every 3 seats for patron use or 1 space per 50 square feet of gross floor area, whichever is greater, plus 1 space per employee on the largest shift | |||
Cemetery | None | |||
College or university | Parking for facilities open to the general public shall be in accordance with the use which most closely resembles uses defined in this chapter. | |||
Commercial entertainment or sports facility | 1 off-street parking space for each 4 seats provided for patron use, or at least 1 off-street parking space for each 100 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces. If the commercial entertainment or sports facility use is contained within a shopping center, the parking requirements for the entertainment use as set forth in this subsection shall be met separately and shall not be calculated on the basis of the shopping center use parking requirements. | |||
Community center | 1 off-street parking space for each 200 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members. | |||
Contractor services | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises, plus 5 additional spaces for visitor parking. | |||
Convenience store | 1 off-street parking space for every 150 square feet gross floor area. | |||
Craft village | Parking requirements shall be determined on the basis of floor area devoted to retail and fabrication operations and shall meet the following requirements: | |||
1 off-street parking space for each 200 square feet of floor area devoted to retail sales; plus | ||||
1 off-street parking space for each 500 square feet of floor area devoted to fabrication and assembly; plus | ||||
1 off-street parking space for every 600 square feet of outdoor area devoted to outdoor sales. | ||||
Cultural facility | 1 off-street parking space for each 300 square feet of gross area used or intended to be used for servicing visitors. | |||
Day-care center | 1 off-street parking space for each teacher, administrator, and maintenance employee, plus 1 additional space for each 5 children. | |||
Eating place | 1 off-street parking space for each 50 square feet of total floor area devoted to patron service. | |||
Eating place with drive-through | 1 off-street parking space for every 2 seats or 3 off-street parking spaces for every 100 square feet of gross floor area, whichever requires the greater number of off-street parking spaces. | |||
Emergency services | 3 off-street parking spaces for every 4 employees on the 2 major shifts at maximum employment. | |||
Fuel storage and distribution | One off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises. | |||
Funeral home | 1 off-street space for every 3 seats of capacity. | |||
Hospital | One space for every two patient beds plus one space for every 200 square feet of gross floor area used primarily for outpatient services. All parking shall be accommodated on the same lot as the hospital use and no parking shall be permitted on street. | |||
Kennel | 1 off-street parking space for each employee plus 1 space for every 10 animals capable of being housed in the facility. | |||
Library/museum | 1 space per 250 square feet of gross floor area. | |||
Light manufacturing | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises, plus 5 additional spaces for visitor parking. | |||
Lumber yard/planing mill | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises. | |||
Medical marijuana dispensary | 1 off-street parking space for every 250 square feet of gross floor area | |||
Medical marijuana grower/processor | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises, plus 5 additional spaces for visitor parking. | |||
Motel-hotel | 1 off-street parking space for each rental room or suite, plus 1 additional off-street parking space for each employee. | |||
Nursery/greenhouse/ garden center | 1 off-street parking space for every 300 square feet of space devoted to retail sales. | |||
Nursing home or personal care boarding home | 1 space for every 3 patient beds. | |||
Office, business or professional | 1 off-street parking space for each 250 square feet of gross floor area. | |||
Office, governmental | 1 space for every 200 square feet of gross floor area. | |||
Office, medical | 1 off-street parking space per 150 square feet of gross floor area. | |||
Personal service business | 1 off-street parking space for each 200 square feet of gross area used or intended to be used for servicing customers. | |||
Place of worship | 1 off-street parking space for each 3 seats provided in the main assembly area. | |||
Private club | 1 off-street parking space for every 200 square feet of total floor area used or intended to be used for service to customers, patrons, clients, guests, or members. | |||
Psychiatric center or clinic | 1 space for each patient or inmate bed. | |||
Public recreation facility | 1 off-street parking space for each 5 persons of total capacity. | |||
Repair shop | 1 off-street parking space for each 300 square feet of gross floor area. | |||
Research | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises, plus 5 additional spaces for visitor parking. | |||
Retail store, large | 5.5 spaces per 1,000 square feet of commercial floor space. | |||
Retail trade and services | 1 off-street parking space for every 200 square feet of gross floor area used or intended to be used for servicing customers. | |||
School: | ||||
Kindergarten | 1 off-street parking space for each faculty member and employee plus 2 additional spaces per classroom | |||
Elementary school | 1 off-street parking space for each faculty member and employee plus 1 space per 2 classrooms and offices. | |||
Junior high school | 1 off-street parking space for each faculty member and employee plus 1 space per 2 classrooms and offices. | |||
Senior high school | 1 off-street parking space per faculty member and employee plus 1 space per 10 students of projected building capacity. | |||
Shopping center | 5.5 spaces per 1,000 square feet of gross leasable floor space. | |||
Sober living facility | A minimum of 3 spaces per facility. Garage spaces do not count as required parking spaces. 1 additional off-street parking space shall be provided for each nonresident staff person. 1 additional off-street parking space shall be provided for each additional 2 residents over 5, unless demonstrated that such individuals are incapable or not permitted to operate a motor vehicle during the period of residency. | |||
State liquor store | 1 off-street parking space for each 200 square feet of retail floor area. | |||
Telecommunications facility | 2 off-street parking spaces or 1 space per employee, whichever requires the greater number of spaces | |||
Trade or commercial school | 1 off-street parking space per 3 students. | |||
Truck sales | 1 off-street parking space for each 500 square feet of gross interior floor area, plus 1 space for each employee. Customer parking must be clearly designated and separated from area for vehicle sales and storage space. | |||
Truck terminal or bus storage | 1 off-street parking space for every employee on the largest shift, plus 1 space for each vehicle normally stored on the premises. | |||
Utilities | 2 off-street parking spaces, or 1 space per employee, whichever requires the greater number of spaces. | |||
Veterinary office | 3 off-street parking spaces for each doctor. | |||
Warehousing and distribution | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises. | |||
Wholesale trade | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises, plus 5 additional spaces for visitor parking. | |||
(3)
Accessory uses.
Use | Number of Required Parking Spaces | |
|---|---|---|
Accessory family apartment | 1 off-street space, in addition to those required for the residence in which the use is located. | |
Accessory office | 3 off-street parking spaces in addition to spaces otherwise required. Maximum of 6 on-lot spaces is permitted. | |
Apartment in combination | 1 off-street parking space in addition to those required for the principal use. | |
Bed-and-breakfast | 1 off-street parking space for each guest room, in addition to those required for the residence in which the use is located. | |
Boarding | 1 off-street space for each boarder, in addition to those required for the residence in which the use is located. | |
Home occupation | None in addition to those required for residential use. |