New Stanton City Zoning Code
PART 5
SUPPLEMENTAL REGULATIONS
§ 27-501 Parking, Loading, Access Aisles, Fire Lanes and Driveways.
[Ord. No. 2007-219, 7/19/2007; as amended by Ord. No. 2016-253, 6/28/2016; by Ord. No. 2017-258, 11/14/2017; by Ord. No. 2023-281, 3/7/2023]
1.
General Provisions. All structures and land uses hereafter erected, enlarged, moved, created, changed in intensity or substantially altered shall be provided with the amount of off-street parking, loading space, access aisles, fire lanes and driveways required by the terms of this chapter to meet the needs of persons using or occupying such structures or land.
A.
Parking, General. Off-street vehicular parking facilities shall be provided in accordance with the following standards:
(1)
Off-street parking facilities may be located in any required front, side or rear yard, but not within an existing recorded right-of-way or any required buffer area.
(2)
Except when provided for residential parking, off-street parking areas shall be constructed with a wearing surface over a minimum of four inches of stone base and shall be properly graded and drained to dispose of all surface water in compliance with the Borough's stormwater management standards.[1]
(3)
Commercial and industrial parking areas shall be arranged and marked for the orderly and safe circulation, loading, parking and storage of vehicles and shall be adequately illuminated if designed for use by more than 10 cars after dusk.
(4)
If determined necessary by the Borough Council, parking areas for commercial and industrial uses which generate the need for more than five parking spaces shall be screened from any abutting property used for residential purposes. Screening may be accomplished through the placement of adequate buildings, solid fencing and/or the provision and maintenance of heavy planting in the form of a mix of contiguous evergreen and deciduous trees or other suitable landscaping as approved by the Borough Council.
B.
Loading and Unloading Space.
(1)
All commercial and industrial establishments shall provide off-street loading and unloading and commercial vehicle storage space adequate for their needs. This required space will be provided in addition to established requirements for patron and employee parking. In no case where a building is erected, converted or enlarged for commercial, manufacturing or business purposes shall the public right-of-way be used for loading or unloading of materials.
(2)
The minimum size loading space shall be 60 feet in depth, 12 feet in width, with an overhead clearance of 14 feet.
C.
Table of Spaces by Use.
(1)
Each required off-street parking area shall provide for parking spaces at a minimum of nine feet by 18 feet. Where access to such area is from a public street, adequate turnaround space shall be provided out of the right-of-way.
(2)
The minimum number of spaces required is as follows:
Use | No. of Spaces |
|---|---|
Assembly and processing plants and Laboratories | 1 for every 3 employees, plus 1 for each 2,000 square foot of gross floor area |
Automobile and vehicle refueling/recharging with or without ancillary vehicle services and/or convenience retail | 1 space for each 200 square feet of gross building area; 1 space for each employee on a work shift with the greatest number of employees; and 2 spaces for each service bay. Areas for automobile and vehicle refueling/recharging are not to be considered as parking spaces. |
Churches | 1 space for every 0.5 seats in the main assembly room |
Commercial recreation | 1 space for every 4 persons at peak usage |
Day-care centers | 1 space for each 200 square feet of floor area |
Distribution center and warehouses | 1 space for each 2 employees on the largest shift, plus 1 space for each 3,000 square feet of gross floor area |
Funeral homes | 1 space for every 5 seats |
General offices | 1 space for each 300 square feet of floor area |
Hospitals and clinics | 5 spaces for each practitioner on duty, plus 1 space for each 2 beds |
Manufacturing and warehousing | 1 space for each 500 square feet of gross floor area, plus 1 space for each employee and/or person involved in the operation, service and maintenance of the facility on the largest shift |
Medical office | 1 space for each 200 square feet of gross floor area |
Motels, hotels | 1 space for each sleeping room; 1 space for each 65 square feet of floor area designed or utilized for eating or drinking and/or for conferences or banquets; and 1 space for each employee and/or person involved in the operation, service and maintenance of the facility on the largest shift |
Personal care home, long-term nursing facility | 1 space for each 2 beds, plus 1 space for each 2 employees and/or persons involved in the operation, service and maintenance of the facility on the largest shift |
Personal services including barber and beauty shops | 1 space for each 200 square feet of gross floor area or 2 spaces for each service chair and 1 space for every employee and/or person involved in the operation, service and maintenance of the facility on the largest shift |
Public or private grade or middle schools | 1 space for each classroom, plus 1 space for 50 students at design capacity |
Public or private high school | 1 space for each teacher and staff member, plus 1 space for every 10 students |
Residential dwellings | Single-family residential, duplexes and multiplexes: 2 spaces for each dwelling; multifamily residential: 1.5 spaces for each dwelling unit, plus 1 space for each 4 dwelling units for visitor parking |
Restaurants, drinking establishments | 1 space for every 2.5 seats, plus 1 for each employee and/or person involved in the operation, service and maintenance of the facility on the largest shift |
Retail business | 5.5 spaces per 1,000 square feet of gross floor area |
Theaters and assembly halls | 1 space for every 2.5 seats |
D.
Access Aisles.
(1)
Parking access aisles shall have adequate provisions for ingress and egress to all parking spaces as provided in the following table:
Type of Parking Space | Minimum Width of Access Aisle (feet) |
|---|---|
Parallel | 12 feet |
Angle (up to 45%) | 14 feet |
Angle (46% to 60%) | 16 feet |
Perpendicular (90%) | 24 feet |
(2)
Angled parking, other than 90°, shall have access aisles restricted to one-way traffic lanes, permitting head-in parking.
E.
Fire Lanes.
(1)
Fire lanes shall be provided for all commercial and industrial uses and occupancies and all residential uses and occupancies involving 10 or more residential units.
(a)
Fire lanes shall be a minimum of 24 feet in width, unless the applicant provides and demonstrates, to the satisfaction of the Planning Commission, an access plan for fire and emergency vehicles and services that is adequate to meet the safety and emergency services for the use and occupancy. Any access plan must be reviewed and approved, in writing, by the New Stanton Fire Department and by the ambulance service primarily serving the Borough.
(b)
Turns in fire lanes shall be constructed with a minimum radius of 25 feet at the inside curbline and a minimum radius of 50 feet at the outside curbline.
(c)
Fire lanes connecting to streets shall be provided with curb cuts extending at least two feet beyond each edge of the fire lane.
F.
No driveway, access aisle or street used for interior circulation shall have traffic lanes less than 12 feet in width.
G.
Access aisles for drive-through facilities and bank drive-through windows and automated teller machines shall be a minimum 12 feet in width.
H.
Driveways and curb cuts shall have direct alignment with driveways and curb cuts on opposite lots, provided they meet all other requirements of this chapter.
I.
Shared Driveways and Cross Access Between Parking Areas.
(1)
To reduce traffic congestion and the number of curb cuts along public streets, shared driveways and cross access between parking areas on adjacent parcels shall be encouraged. Cross-access drives through rear or side yard access drives shall be constructed parallel to the public street.
(2)
When two adjacent property owners agree to share driveways and provide cross access between their parcels, the Borough may agree to decrease the amount of parking required in accordance with the shared parking provisions set forth below. Shared driveways and cross access drives shall meet the minimum Borough street standards as set forth in Chapter 22, Subdivision and Land Development, or in Chapter 21, Streets and Sidewalks, whichever is applicable.
J.
Shared Parking.
(1)
The use of shared parking for two or more adjoining land uses, whether located in a mixed-use development or separately owned, shall be encouraged, provided the applicant can demonstrate that sufficient spaces will be available to meet the needs of all uses as established in the following subsections.
(a)
To accommodate the usage of the same parking spaces for two or more land uses, a lower number of the required parking spaces may be permitted where peak demand for parking occurs during different hours. The following provisions apply to shared parking:
1)
The required parking for mixed uses shall be computed as follows:
[a]
Determine the minimum amount of parking required for each land use.
[b]
Using the table below, determine the number of spaces needed by each use for each of the four time periods by multiplying the parking required for each use by the corresponding percentage of use for that time period.
Weekday | Weekend | |||
|---|---|---|---|---|
Use | Daytime (8:00 a.m. to 6:00 p.m.) | Evening (6:00 p.m. to 11:00 p.m.) | Daytime (8:00 a.m. to 6:00 p.m.) | Evening (6:00 p.m. to 11:00 p.m.) |
Office/industrial | 100% | 10% | 10% | 5% |
Retail/personal services | 60% | 90% | 100% | 70% |
Motel/hotel | 75% | 100% | 75% | 100% |
Residential | 50% | 75% | 100% | 80% |
Restaurant | 75% | 100% | 100% | 100% |
Entertainment/ recreational | 40% | 100% | 80% | 100% |
All other uses | 100% | 100% | 100% | 100% |
[c]
Calculate the total number of spaces needed for all uses for each time period.
[d]
The time period with the highest number of parking spaces required for the sum of all uses shall be the number of parking spaces required.
[e]
Where the hours of operation for a specific use or uses differ substantially from those assumed in the above table, the applicant can request that a parking needs analysis be used to calculate the parking need for the corresponding time periods. The applicant shall have the burden of establishing the intended hours of operation and the Borough, upon review of such information, may agree at its discretion that different percentages be used to calculate the parking needs. The parking needs analysis shall be prepared at the applicant's expense by a person or firm trained and certified to perform such studies.
[f]
Subsequent changes in use or in the event the Borough determines that inadequate parking which creates a public safety concern exists then a new occupancy permit will be required and/or proof that sufficient parking will be required.
(2)
Agreement for Shared Parking Plan. Where parking is being shared between uses under separate ownership, a shared parking plan shall be enforced through written agreement. An attested copy of the agreement between the owners of record shall be submitted to the Zoning/Code Enforcement Officer who shall forward a copy to the Borough Solicitor for review and approval. Proof of recordation of the agreement shall be presented to the Zoning/Code Enforcement Officer prior to issuance of a certificate of occupancy. The agreement shall:
(a)
List the names and ownership interest of all parties to the agreement and contain the signatures of those parties;
(b)
Provide a legal description of the land;
(c)
Include a land development plan showing the area of the parking parcel;
(d)
Describe the area of the parking parcel and designate and reserve it for shared parking unencumbered by any conditions which would interfere with its use;
(e)
Agree and expressly declare the intent for the covenant to run with the land and bind all parties and all successors in interest to the covenant;
(f)
Assure the continued availability of the spaces for joint use and provide assurance that all spaces will be usable to all participating uses;
(g)
Describe the method by which the covenant, upon approval by the Borough, may be revised; and
(h)
Provide that the Borough shall have the right to enforce the agreement.
K.
Location of Parking Areas.
(1)
Except where shared parking is being used, all parking shall be provided on the same lot with the principal use it is intended to serve.
(2)
In residential districts, no parking shall be permitted in the required front yard, except in a driveway that leads directly to a dwelling unit or an integral or detached garage.
L.
Minimum Standards for Parking Areas.
(1)
Parking areas requiring 5,000 or more square feet of land-disturbance area shall be graded for proper drainage and surfaced as to provide durable and dustless macadam constructed of asphalt, concrete, prefabricated pavers or other acceptable materials.
(2)
A drainage plan, consistent with the Borough's stormwater management requirements, shall be submitted for parking areas requiring 5,000 or more square feet of land-disturbance area.
(3)
For all parking areas containing five or more spaces, the entire street frontage, except where ingress or egress areas are proposed, shall be curbed to restrict access to the parking area.
(4)
All parking areas requiring five or more spaces shall be clearly delineated by painted lines, which shall be double-striped.
(5)
If required by the Planning Commission, parking spaces shall be provided with bumper guards or wheel stops for pedestrian safety or the protection of adjacent structures, property or landscaping.
(6)
No parking spaces shall be located closer to the edge of an adjacent street right-of-way line or lot line than 10 feet or the required buffer area setback.
(7)
Unless otherwise approved by the Planning Commission, accessible parking spaces, passenger loading zones and access aisles shall have a maximum slope and cross slope of 2%.
(8)
Parking lots shall be landscaped in accordance with the requirements of this chapter and/or Chapter 22, Subdivision and Land Development.
(9)
Upon special conditions or circumstances, the Borough Engineer may recommend and the Planning Commission may approve the use of alternate designs and materials for parking areas.
M.
Number of Required Parking Spaces for Similar Uses. The minimum number of parking spaces required for each use is set forth in Table 3. B., above. If the proposed use or occupancy is not listed in that table, then the use listed that is most similar to the proposed use or occupancy shall be used by the Planning Commission as the standard for the determination of the required parking spaces.
N.
Access Drives.
(1)
Residential. Access drives to any public street or highway in a residential zone shall comply with the following:
(a)
An access drive may not exceed 20 feet in width at its intersection with a public street or highway.
(b)
The number of access drives may not exceed two per lot for a single-family dwelling on a single lot and one per unit for a multifamily dwelling.
(c)
An access drive may not cross a street right-of-way line:
1)
Within five feet of a property line except for a common access for two dwellings.
2)
Within 50 feet of the right-of-way line of an intersecting street when entrance is from an arterial street.
3)
Within 35 feet of the right-of-way line of an intersecting street when entrance is from a collector street.
4)
Within 25 feet of the right-of-way line of an intersecting street when entrance is from a minor collector street.
5)
Within 15 feet of a fire hydrant.
(d)
An access drive must be located in safe relationship to sight distance and barriers to vision. The drive may not exceed a slope of 3% within 25 feet of the street right-of-way lines. Where a drive enters a bank through a cut, the shoulders of the cut may not exceed a three-to-one (horizontal to vertical) slope within 25 feet of the point the drive intersects with the street right-of-way line.
(2)
Commercial and industrial access drives to any public street or highway from a commercial or industrial development shall comply with the following:
(a)
Access drives to public streets or highways shall be located at least one 150 feet from any intersection with arterial or collector streets, and 100 feet from any intersection with minor collector streets. Access drives shall be designed to permit safe ingress and egress and, where practicable, shall be located on minor collector or local streets rather than collector or arterial streets.
(b)
No design shall be approved which is likely to create a traffic hazard or endanger the public. Safety requirements to be imposed in such a review shall include traffic control devices, acceleration or deceleration lanes; turning lanes, traffic and lane markings and signs. The developer shall be responsible for the construction of any such traffic control devices.
§ 27-502 (Reserved) [1]
[1]
Editor's Note: Original § 502, Access Drives, as amended, was repealed 6-28-2016 by Ord. No. 2016-253.
§ 27-503 Optional Height Regulations.
[Ord. No. 2007-219, 7/19/2007; as amended by Ord. No. 2016-253, 6/28/2016]
1.
The Borough Council may permit exceptions to the height regulations in each district where the following conditions are met:
A.
Except for signs, building height in excess of the height above base grade shall be permitted in any district, provided all front, side and rear yard depths are increased one foot for each additional foot of height above the maximum permitted height for that district.
B.
The following structures are exempt from height regulations, provided they do not constitute a hazard to pedestrians or property: private residential television and radio towers, church spires, belfries, monuments, ornamental towers and spires, parapets, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles and farm silos.
§ 27-504 Sign Requirements.
[Ord. No. 2007-219, 7/19/2007; as amended by Ord. No. 2023-280, 3/7/2023]
1.
Authority. Signs may be erected and maintained only when in compliance with the provisions of this section and chapter and any and all other ordinances and regulations of this Borough which may be applicable. Types of signs not listed as permitted in a zoning district (unless provided for under Subsection 2, below) shall not be permitted in that zoning district.
2.
Exclusions. The following signs shall be permitted in all districts and shall not be subject to the provisions of this section unless otherwise specifically cited herein:
A.
Signs of a duly constituted local, state or federal governmental body, including traffic or similar safety and regulatory devices, legal notices, railway warning signals, memorial signs or tablets (no zoning permit required).
B.
Small signs with a surface area not exceeding three square feet, displayed for the direction or convenience of the public, which identify landmarks, parking areas, convenience facilities and similar features (no zoning permit required).
C.
One temporary nonlighted sign on property being developed or on a construction site, not exceeding an area of 48 square feet, denoting engineer, architect, developer, contractor or funding agencies and related information regarding the development (no zoning permit required). The sign shall be promptly removed upon completion of the development or construction.
D.
Sign(s) placed on or affixed to currently licensed vehicles and/or currently licenses trailers on private property.
3.
Permitted signs: R-A, R-1 and R-2 Districts. In the R-A, R-1 and R-2 Districts, the following requirements shall apply.
A.
The following signs shall be permitted:
(1)
Permanent identification sign:
(a)
Permanent identification sign(s) for each dwelling unit, which may cite the name of the occupant, address and other distinguishing features of the structure or property. Such signs shall not exceed two square foot in area and shall also comply with the provisions of Ordinance No. 2006-216, as amended and supplemented (No zoning permit required.)
(b)
Permanent subdivision/development identification sign(s) may be erected at each entrance into the property or plan, which shall only be illuminated with full cutoff luminaires. The maximum sign area shall not exceed 24 square feet and shall be landscaped with shrubs and/or ground cover under the entire area beneath the sign.
(2)
One temporary nonlighted real estate sign pertaining to the sale, lease, hire or rental of property on which the sign is displayed, not to exceed six square feet in area. No pole sign or ground sign shall exceed five feet at its highest point above ground level. (No zoning permit required.)
(3)
One announcement sign designating professional uses, group residential facilities, day care or home occupations, provided that all such signs shall be limited to six square feet in area.
(4)
One permanent announcement sign erected by churches, schools, hospitals, cemeteries, municipal facilities or similar permitted uses, which may include any appropriate message, provided that the area of such sign shall not exceed 24 square feet in area. (No zoning permit required.)
(5)
Temporary signs advertising a garage sale, street fair or other temporary activity or a temporary sign directing persons to the location of such activity. Such temporary signs cannot be placed for a period exceeding seven days. Signs must be removed within 24 hours of termination of the activity and shall not exceed 12 square feet in area. (No zoning permit required.)
(6)
Signs relating to the sale on the property of farm products produced on the premises in an R-A District and shall be limited to a total of two such signs that do not exceed a cumulative total of 20 square feet in area. Such signs shall be displayed only when seasonal sales are taking place and removed when not applicable.
(7)
Temporary signs relating to the sale of agricultural products produced on the premises in residential districts shall be limited to a total of two such signs that do not exceed a cumulative total of 20 square feet in area. Such signs shall be displayed only when seasonal sales are taking place and removed when not applicable (no zoning permit required).
(8)
One announcement sign designating a home-based business (no-impact) conducted on the residential property, provided that such sign shall be limited to six square feet in area. No pole sign or ground sign shall exceed five feet at its highest point above ground level.
B.
Signs, unless otherwise provided herein, shall comply with the following requirements:
(1)
Signs mounted or painted on a wall, canopy or other portion of a principal site structure shall not protrude more than 18 inches beyond the wall on which said signs are mounted.
(2)
Signs in all agricultural and residential districts shall be located a minimum distance of five feet from the street or road right-of-way if no sidewalk exists and five feet from the inside edge of the walk if such a walk exists.
(3)
No pole sign or ground sign shall exceed five feet at its highest point above ground level. No sign shall be mounted on a building above the eave line of a roof or extend above a public sidewalk or vehicular right-of-way.
4.
Permitted signs: B-1, B-2, V-1, LI-1, LI-2 and T-1 Districts. In the business, village, industrial and transportation districts, the following requirements shall apply.
A.
The following signs shall be permitted:
(1)
Signs advertising the sale or rental or development of property, not to exceed 20 square feet.
(2)
Signs indicating the location of premises, not to exceed four square feet.
(3)
Business signs not to exceed 300 square feet.
(4)
Signs may be placed on the principal building or mounted on a pole or another structure, but shall be no higher than 50 feet from ground level in any case.
(5)
Temporary signs relating to the sale of agricultural products, flowers, cut trees and other seasonal products shall be limited to a total of six such signs, any of which may be two-sided, that do not exceed a cumulative total sign face area of 72 square feet. Such signs shall be displayed only when seasonal sales are taking place and removed when not applicable. In no event shall such signs be placed, erected or located on the property for more than 90 days. A permit is required for the total number of seasonal signs placed, erected or located on a property. The fee for such signage shall be established by Council by resolution.
(a)
Such temporary seasonal signs shall be located a minimum distance of five feet from the street or road right-of-way if no sidewalk exists and five feet from the inside edge of the walk if such a walk exists.
(b)
No temporary seasonal sign located on a pole or as a ground sign shall exceed five feet at its highest point above ground level. No such sign shall be mounted on a building above the eave line of a roof or extend above a public sidewalk or vehicular right-of-way.
B.
Signs shall be located a minimum distance of 10 feet from the street right-of-way line.
C.
Sign height shall be subject to the following regulations:
(1)
No pole sign or ground sign shall exceed 50 feet at its highest point above ground level.
(2)
The highest point of any proposed pole sign or ground sign to be located within a 100-foot distance of the right-of-way of Interstate 70, the Pennsylvania Turnpike or Toll Road 66 shall be measured from ground level or from the grade level of the center line of the right-of-way of such roads at a point on said center line that is perpendicular from the location of the proposed sign. If the center line of said road is higher than the ground level where the proposed sign is to be located and the owner desires to use the center line as the base elevation to measure the height of said sign, then a landscaping strip will be required for the increase in sign height, as follows:
5.
Electronic Variable Message Sign. An electronic variable message sign may be permitted as a conditional use in B-1, B-2, V-1, LI-1 and LI-2 Districts when approved by the Borough Council, after submission and review by the Zoning Officer, and provided that all of the following requirements are met:
A.
Sign change of message shall be subject to the following regulations:
(1)
All messages shall remain unchanged for a minimum of six seconds.
(2)
The time interval used to change from one complete message to the next complete message shall be a maximum of one second.
(3)
There shall be no appearance of visual dissolve or fading, in which any part of one electronic message appears simultaneously with any part of a second electronic message.
(4)
There shall be no appearance of flashing or sudden bursts of light, and no appearance of animation, movement, or flow of the message.
(5)
Any illumination, intensity or contrast of light level shall remain constant.
B.
No electronic variable message sign shall be closer than 275 feet in radius from a dwelling.
C.
No electronic variable message sign shall exceed 32 square feet.
D.
The maximum height of an electronic variable message sign is 25 feet.
E.
The sign shall not project over or be located within a public right-of-way.
F.
The sign shall be located a minimum distance of 10 feet from the street right-of-way line.
G.
Only one permanent message board or an electronic variable message sign shall be permitted on a lot, and no temporary/portable signs will permitted on a lot once an electronic variable message sign is utilized on that lot, regardless of how many tenants occupy the lot.
6.
Signs in Shopping Centers. Business signs established for shopping centers shall meet the following criteria:
A.
Number of signs per each development center or park:
(1)
One freestanding pole sign or one freestanding ground sign at each entrance.
B.
Total combined maximum area of all freestanding pole signs and/or ground signs:
(1)
One hundred square feet at facilities with highway frontage of 50 linear feet or less.
(2)
For facilities with highway frontage of between 51 linear feet and 250 linear feet, the following requirements shall apply:
(3)
Five hundred square feet maximum at facilities with highway frontage in excess of 250 linear feet.
C.
Signs per unit of use affixed to the subject premises within the site shall be limited to one square foot of sign area per linear foot of frontage up to a maximum of 100 square feet.
D.
Signs shall be located a minimum distance of 25 feet from the street right-of-way line.
E.
No pole sign or ground sign shall exceed 50 feet at its highest point above ground level. The highest point of any proposed pole sign or ground sign to be located within a seventy-five-foot distance of the right-of-way of Interstate 70, the Pennsylvania Turnpike or Toll Road 66 shall be measured from ground level or from the grade level of the center line of the right-of-way of such roads at a point on said center line that is perpendicular from the location of the proposed sign. If the center line of said road is higher than the ground level where the proposed sign is to be located and the owner desires to use the center line as the base elevation to measure the height of said sign, then a landscaping strip will be required for the increase in sign height:
F.
No sign shall be set closer than 50 feet of a rear or side property line.
7.
Portable or Mobile Signs. Portable or mobile signs and other similar advertising displays may be used for special sales, announcement and related purposes, subject to the following provisions:
A.
Display area of such signs shall not exceed 32 square feet.
B.
The sign shall be located a minimum distance of 10 feet from the street right-of-way line.
C.
All lighting and illumination restrictions which apply to displays, signs and structures under this chapter shall apply.
D.
Permits for the placement of such signs shall be issued for a maximum of 30 consecutive days and may be renewed no more than one time during any consecutive 180-day period.
8.
General Standards. The following standards shall apply to signs in all zoning districts of the Borough of New Stanton.
A.
No sign, pole or required landscaping shall be located or constructed to obstruct or interfere with any traffic control signal, sign, device or clear sight triangle.
B.
All signs shall be constructed of durable materials; shall be kept in good condition and repair; and shall not be permitted to become unsightly or dilapidated. All signs must be constructed in such a manner and of such materials that they do not present a safety hazard to pedestrians or vehicles due to wind load or fragmentation under either normal conditions or abnormally high wind conditions, specifically wind gusts to 50 miles per hour.
C.
No sign shall be permitted that is deemed to constitute a hazard of any kind.
D.
The following types of signs are prohibited in all zoning districts:
(1)
Illuminated sign(s) involving the movement or causing the illusion of movement or flashing.
(2)
Sign(s) or device(s) with flashing, moving or similar lighting or animation.
(3)
Snipe sign(s).
(4)
Rotating sign(s).
(5)
Sign(s) placed on or affixed to currently licensed vehicles and/or currently licensed trailers which are parked on a public right-of-way or public property, for two or more consecutive days, so as to be visible from a public right-of-way where the apparent purpose is to advertise a business or activity. This does not include those vehicle signs on a vehicle that serve as identification for a company vehicle.
E.
A sign shall be removed within 30 days when the circumstances that led to its erection no longer apply or if safety violations occur. Circumstances that dictate sign removal shall include, but not be limited to, the following:
(1)
The creation of a safety hazard.
(2)
Dilapidation.
(3)
Vacancy or termination of the subject business for more than 90 days.
(4)
Legal transfer of ownership of a property that involves a change of name or business activity.
(5)
The completion of an event, business transaction or other activity for which the sign was originally installed.
(6)
Any illegality under the provisions of this chapter or regulation of a duly constituted governmental authority.
F.
Signs shall be subject to the following regulations:
(1)
All lighting and illumination of signs shall conform to regulations regarding traffic hazards as specified in local and state regulations and shall not cause undue distraction, confusion or hazard. All signs shall not be continuously or intermittently illuminated in any manner which can cause distraction or confusion, jeopardizing the safe movement of pedestrian or vehicular traffic, or cause interference with the peaceful use and enjoyment of nearby or adjacent properties and uses.
G.
Any bushes or shrubs required by this chapter or other Borough ordinances where a sign is located which die shall be promptly removed and replaced with new bushes or shrubs of like kind and equality.
H.
Signs of any type not identified as permitted in a zoning district in this chapter shall not be permitted in the zoning district.
I.
A permit is required before a sign can be erected for home occupations, business advertising and industrial signs. Road signs, streets signs, political signs and for sale signs are exempt from this permit requirement. A permit fee is required, payable to the Zoning and Code Officer, in accordance with a schedule determined by the Borough Council for all signs permitted under this chapter.
J.
Temporary political campaign signs are permitted provided they are put up no earlier than 60 days before the election and removed within seven days after the election.
K.
Advertising Signs (billboards).
(1)
Advertising signs with an advertisement or information pertaining to business conducted off the property, shall be located on property with frontage on the rights-of-way of the Pennsylvania Turnpike (Interstates 66 and 76) and Interstate 70, and within the SO-1 Sign Overlay District.
(2)
An applicant for such sign shall provide a site plan to the Borough, which plan shall shown the location of the proposed sign, the principal building on the property, where applicable, and a written certification provided by a professional engineer as to wind load, structural performance, lighting and orientation.
(3)
Any sign permitted under these provisions shall comply with the following dimensional standards:
(a)
The total area of single face of the sign shall not exceed 1,200 square feet.
(b)
Double-faced signs shall not exceed 600 square feet per sign face.
(c)
Maximum height shall not exceed 50 feet.
(d)
Maximum length shall not exceed 60 feet.
(e)
Minimum separation of 200 feet between the closest points of two such signs shall be required.
L.
Signs. On certain properties where preexisting nonconforming sign structures were installed for the erection of business advertising signs, those signposts may be reused as follows:
(1)
Only the business currently operating on the property where the signpost exists may use the signpost.
(2)
Prior to reuse of the existing signpost, an inspection by a Professional Engineer shall be prepared and presented to the Borough.
(3)
When, in the opinion of the professional engineer, the signpost cannot support the weight of the sign proposed, or other similar signage, the signpost shall be removed at the owner's expense.
(4)
Existing signposts in need of repair or additional support shall be renovated prior to issuance of a sign permit.
(5)
Existing signposts shall not be leased or offered to off-site businesses for use.
(6)
All signs proposed to be attached to the existing signpost shall comply with the applicable provisions of this section, specifically the dimensional standards and wind loads.
9.
Sign Measurement.
A.
Sign Face Area.
(1)
The area of sign face enclosed in frames or cabinets shall be determined based on the outer dimensions of the frame or cabinet surrounding the sign face. Sign area shall not include foundations, supports and other essential structures that do not serve as a backdrop or border to the sign.
(2)
When a sign shall be on a base material and attached without a frame, such as a wood or plastic panel, the dimensions of the base material shall be used unless it is clear that part of the base contains no sign, related display or decoration.
(3)
When signs shall be constructed of individual pieces or letters attached to a building wall, sign area shall be determined by a perimeter drawn around all the pieces or letters.
B.
Double-Faced Signs.
(1)
Any sign may be doubled-faced, provided that it has two parallel surfaces that are opposite and matching in size, shape and message and are not over 12 inches apart.
(2)
The sign shall be considered as one sign and only one face shall be used to calculate the total size of the sign.
(3)
Should the two surfaces deviate from being parallel or should they differ in size or shape, the sign shall be considered as two signs and both sides will be used to calculate the total size of the sign.
10.
Permits.
A.
A separate zoning permit shall be required for the erection of signs under this chapter, except that no permit shall be required for the following exclusions:
B.
Each application for a permit shall be accompanied by a drawing to scale showing the proposed sign, the size, general characteristics, method of illumination, the exact location of the sign in relation to the lot and structure involved and other data as may be required by the Zoning Officer.
C.
A fee shall accompany each application for a permit. Such fees shall be established by resolution of the Borough Council.
§ 27-505 Agricultural.
[Ord. 85-119, 8/22/1985, § 3.7; as amended by Ord. No. 2007-219, 7/19/2007]
1.
Agricultural uses shall comply with the following requirements except where such use is registered under the Agricultural Security Act:[1]
A.
Feed lots, fenced runs, pens and similar intensively used facilities or structures for animal raising and care shall not be located within 100 feet of an abutting lot line with a residential dwelling on said lot.
B.
Roadside stands for the seasonal sale of agricultural products grown on the property shall be permitted as an accessory use if they are erected at least 30 feet back from the right-of-way line and parking spaces are provided consistent with § 27-501.
C.
One additional single-family dwelling unit to be occupied by a family member only is permitted provided the farm is in excess of 10 acres and adequate water and sanitary sewage is provided.
[1]
Editor's Note: See 3 P.S. § 901 et seq.
§ 27-506 Home Occupations.
[Ord. 85-119, 8/22/1985, § 3.8; as amended by Ord. No. 2007-219, 7/19/2007]
1.
Any home occupation shall comply with the following requirements:
A.
The home occupation shall be carried on by a member or members of the family residing in the dwelling unit with a maximum of one unrelated employee.
B.
Home occupations are restricted to one patient or client at a time by appointment only.
C.
The home occupation shall be carried on wholly within the principal structure and shall utilize a maximum of 20% of the gross floor area.
D.
Exterior displays (other than signs those permitted as an accessory use), exterior indication of the home occupation or physical variation from the residential character of the principal structure shall not be permitted.
E.
The home occupation shall conform to all performance standards.
F.
Not more than one person outside the family shall be employed.
G.
There shall be no exterior storage of materials and no other exterior indication of the "home occupation" or variation from the residential character of the principal building.
H.
Permitted home occupations include, but are not limited to, physician, attorney, engineer, architect, dressmaker, seamstress, artist, teacher, (limited to one pupil at a time) or sales representative for home use products which are retailed only through commissioned individuals not employed by the manufacturer.
I.
An application for zoning use permit must be acquired from the Zoning and Codes Officer prior to the establishment of a home occupation.
J.
The following are specifically not permitted: teacher of more than one pupil at a time, veterinarian or store.
K.
Adequate off-street parking must be provided for the maximum number of clients or customers who can be accommodated simultaneously, and in no case shall this parking be less than the parking required for such uses noted in Part 5.
§ 27-507 Problem Development Land.
[Ord. No. 2007-219, 7/19/2007]
1.
Land with development constraints and where the public health, safety and general welfare are threatened by special development problems, consisting of excessive slope or periodic flooding, shall conform to the following additional regulations:
A.
Steep Slope.
(1)
Land having a slope in excess of 25% shall be deemed steep sloped land. For the purpose of determining compliance with the area requirements of this chapter, the area of steep slope land shall be computed at 1/10 the value of other land: that is, each 10 square feet of steep slope land shall be counted as one square foot in determining compliance.
(2)
Land developed in such a manner that steep slopes or sharp drop-offs are to be artificially created must provide either at least one foot distance between the top (uppermost elevation) beginning of the steep slope region and the adjoining property line for each foot of vertical rise in the steep slope or sharp drop off area; or a retaining wall which meets all applicable regulations and is approved by the Borough Engineer for a slope of 45°. A protective fence is required where the vertical distance between the top of the slope and the toe of the slope is greater than six feet.
B.
Floodway Areas. In the floodway areas, no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local, county, state or federal authorities, as required.
(1)
Permitted Uses. In the floodway areas, the following uses and activities are permitted, provided that they are in compliance with the use provisions of the zoning district and are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials and equipment:
(a)
Agriculture, provided no buildings are located within the lands subject to flooding.
(b)
Recreational uses, provided no buildings are located within the lands subject to flooding.
(c)
Accessory residential uses, such as yard areas, gardens, play areas and unpaved parking areas.
(d)
Accessory industrial and commercial uses, such as yard areas, unpaved parking and loading areas.
C.
Flood-Fringe Areas and General Floodplain Areas. In the flood-fringe and general floodplain areas, the development and/or use of land shall be permitted in accordance with the regulations of the zoning district wherein the land is situated, provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained herein.
D.
Special Provisions Applying to Construction or Development in Floodplain Areas. In order to prevent excessive damage to buildings and structures due to flooding conditions, the following provisions shall apply to all proposed construction or development occurring in any of the floodplain areas designated:
(1)
General.
(a)
Residential Structures. Within any designated floodway, general floodplain area or flood-fringe area, the lowest floor, (including basement) of any new or improved residential structure, shall be at least 1 1/2 feet above the 100-year flood elevation.
(b)
Nonresidential Structures.
1)
Within any designated floodway, general floodplain area or flood-fringe area, the lowest floor (including basement) of any new or improved nonresidential structure shall be at least 1 1/2 feet above the 100-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
2)
Any structure, or part thereof, which will not be completely or adequately elevated shall be designed and constructed to be completely or essentially dry.
(2)
Design and Construction Standards.
(a)
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff to an appropriately designed detention facility in a safe and efficient manner. The system shall ensure drainage at all points along streets, and provide positive drainage away from buildings. The system shall be designed and constructed as per the applicable provisions of Chapter 22, Subdivision and Land Development.
(b)
Sanitary Sewer Facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they shall be located and constructed to minimize or eliminate flood damage and impairment.
(c)
Potable Water Facilities. All new or replacement potable water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system, and be located and constructed to minimize or eliminate flood damages.
(d)
Streets. The finished elevation of proposed new streets shall be no more than one foot below the regulatory flood elevation.
(e)
Utilities. All utilities such as gas lines, electrical and telephone systems being placed in flood-prone areas shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(f)
Fill. If fill material is used, the following shall dictate:
1)
A compaction and soils report prepared by a soils scientist or geologist shall be submitted for review by the Borough Engineer.
2)
Fill shall consist of soil or small rock materials only; sanitary landfills shall not be permitted.
3)
Fill material shall be graded no steeper than one vertical foot to two horizontal feet, unless substantiated data justifying steeper slopes are submitted to, and approved by, the Borough Engineer.
(g)
Place of Buildings and Structures. All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water. In so doing, consideration shall be given to their effect upon the flow and height of floodwaters.
(h)
Anchoring.
1)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or other movement.
2)
All air ducts, large pipes and storage tanks located at or below the regulatory flood elevation shall be firmly anchored in accordance with accepted engineering practices to prevent flotation.
(i)
Floor, Walls and Ceilings. Where located at or below the regulatory flood elevation:
1)
Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
2)
Plywood shall be of any exterior or marine grade and of a water-resistant or waterproof variety.
3)
Walls and ceilings in nonresidential structures shall have sufficient wet strength and be so installed as to survive inundation.
4)
Window frames, door frames, doorjambs and other components shall be made of metal or other water-resistant material.
(j)
Electrical Systems.
1)
All electric water heaters, electric furnaces, electric air-conditioning and ventilating systems and other electrical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation.
2)
No electrical distribution panels shall be allowed at an elevation less than three feet above the level of the 100-year flood elevation.
3)
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(k)
Plumbing.
1)
Water heaters, furnaces and other mechanical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation.
2)
No part of any on-site sewage disposal system shall be constructed within any designated floodplain areas.
3)
Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the system into floodwaters.
4)
All gas and oil supply systems shall be designed to preclude the infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(l)
Paint and Adhesives. Where located at or below the regulatory flood elevation:
1)
Adhesives shall have a bonding strength that is unaffected by inundation (i.e., marine or water-resistant quality).
2)
All wooden components (doors, trim, cabinets, etc.) shall be sealed with a marine or water-resistant material or similar product.
3)
Paints or other finishes shall be capable of surviving inundation (i.e., marine or water-resistant quality.
(m)
Storage. No materials that are buoyant, flammable, explosive or in time of flooding could be injurious to human, animal or plant life shall be stored below the regulatory flood elevation.
(n)
Strength of Structures. All structures shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures, and effects of buoyancy of a 100-year flood.
(3)
Existing Structures in Designated Floodplain Districts. Structures existing in any designated floodplain area prior to the enactment of this chapter, but which are not in compliance with these provisions, may continue to remain subject to the following:
(a)
Existing structures located in a designated floodway area or areas shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
(b)
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 include elevation changes and/or floodproofing to the extent possible.
(c)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall be undertaken only in full compliance with the provisions of this chapter.
(4)
Development Which Poses Special Hazards in Floodplain Areas. In addition to all other applicable provisions of this chapter, the following land uses and activities are permitted only as special exceptions if located partially or entirely within any floodplain area:
(b)
The commencement of, or the construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision;
(c)
Application Requirements. applicants for uses by special exception as they relate to uses proposed in designated flood-prone areas shall provide five copies of the following items and shall follow procedures outlined in Part 6:
1)
A written request to the Zoning Hearing Board, including a completed use by special exception application form.
2)
A locator map showing the area of the Borough in which the proposed site is located.
3)
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]
Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet.
[c]
All property and lot lines, including dimensions and the size of the site expressed in acres or square feet.
[d]
The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction and elevations.
[e]
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development.
[f]
The location of the floodplain boundary line, information and spot elevations concerning the 100-year flood elevations, and information concerning the flow of water, including direction and velocities.
[g]
The location of all proposed buildings, structures, utilities and any other improvements.
[h]
Any other information which the Borough Zoning and Codes Officer considers necessary for adequate review of the application.
(d)
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at least a one inch/50 feet scale, showing the following:
1)
Sufficiently detailed architectural or engineering drawings, including floor plans, sections and exterior building elevations, as appropriate.
2)
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.
3)
Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a 100-year flood.
4)
Detailed information concerning any proposed floodproofing measures.
5)
Cross-section drawings for all proposed streets, drives, other accessways and parking areas, showing all rights-of-way and pavement widths.
6)
Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades.
7)
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities.
(e)
The following certifications and documentation shall also be provided for such uses by special exception:
1)
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he/she represents.
2)
Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100-year flood.
3)
A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that could occur from the development during the course of a 100-year flood, including a statement concerning the effects such pollution may have on human life.
4)
A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on 100-year flood elevations and flows.
5)
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
6)
Where any excavation or grading is proposed, a plan meeting the requirements of the Westmoreland County Conservation District and the Department of Environmental Protection to implement and maintain soil erosion and sedimentation control.
7)
Any other applicable permits, such as, but not limited to, a permit for any land disturbance activity (NPDES permit) regulated by the Department of Environmental Protection.
8)
An evacuation plan which describes the manner in which the site will be safely evacuated before or during the course of a 100-year flood.
§ 27-508 Mobile or Manufactured Homes.
[Ord. 85-119, 8/22/1985, § 3.11; as amended by Ord. 97-173, 2/6/1997; and by Ord. No. 2007-219, 7/19/2007]
1.
All mobile or manufactured homes shall comply with the following:
A.
Homes shall be constructed of approved materials and bear the certification seal of the National Manufactured Housing Construction and Safety Standards Act of 1974.
B.
All homes must be properly anchored to resist flotation, collapse, or lateral movement as prescribed by FEMA requirements or in the alternative, be placed on a permanent foundation.
C.
All homes must be completely enclosed or skirted to grade.
§ 27-509 Land Uses Requiring Traffic Studies.
[Ord. No. 2007-219, 7/19/2007; as amended by Ord. No. 2023-283, 6/6/2023]
1.
Applicability. To assure that no major traffic-generating developments are constructed without benefit of a traffic study, such studies shall be conducted for all nonresidential developments on parcels of two or more acres anticipated to generate 100 or more p.m. peak hour trips, or a 30% increase in existing building coverage, in any business, industrial or transportation districts, and all residential developments of 10 or more single-family dwellings or 16 or more multifamily dwellings in any agricultural, residential or village districts.
2.
Study Requirements.
A.
Inventory. The study shall examine the Borough's street and highway network and make a preliminary determination as to the streets and intersections likely to be affected by the proposed development. For purposes of this finding, the expected addition of as many as 100 vehicles per hour traveling in any direction along the affected street or approach to an intersection during either the a.m. or p.m. peak hour shall be deemed to be a significant effect. For these significantly affected streets and roadways, an inventory of pavement widths and conditions, travel speeds, traffic flow composition, twenty-four-hour traffic flows along the streets and a.m. and p.m. peak street traffic hour period (two hours each) turning movement counts at the intersections shall be obtained. The physical inventory data shall include locations and lengths of restricted sight distances, restricted lateral clearances, traffic and parking regulatory controls and pertinent observations concerning traffic operating conditions. Traffic flow data shall be adjusted to represent the expected flow on an average annual day through application of appropriate PennDOT adjustment factors.
B.
The most current available three-year history of accidents as filed with the Police Department shall be obtained for each affected intersection. Collision diagrams shall be prepared for any high-accident location (five or more per year) along the affected street system.
3.
Traffic Flow Analyses.
A.
For each study intersection, a level-of-service capacity study, using the techniques for signalized or unsignalized intersections as described in the current edition of the Transportation Research Board's Highway Capacity Manual, shall be completed. For these purposes, intersections shall be treated as if they are signalized with an optimum timing plan.
B.
Any section of the affected street system which is carrying 300 or more vehicles per hour on a two-lane section also shall be subjected to the appropriate capacity study.
C.
The presentation of the findings of these studies shall include findings on what improvements, if any, are indicated as being needed under existing conditions, and their relationship to the improvements and priorities described in New Stanton Borough zoning, subdivision and land development regulations. These findings shall include an examination of the volume and accident warrants for signalization in the manual on uniform traffic control devices, as they may apply to any of the unsignalized study intersections which have need for immediate signalization.
4.
Trip Generation.
A.
The expected number of trips to be generated by the proposed development shall be estimated for the a.m. and p.m. peak hours and for a twenty-four hour period by use of the appropriate trip generation factors in the current edition of Trip Generation, published by the Institute of Transportation Engineers. The expected numbers of vehicles to be generated to and from the site may be adjusted downward by the estimated proportion of passersby in the existing flow which will be intercepted by the new development. This adjustment shall be reasonable and, wherever possible, based on actual survey results.
B.
In similar fashion, for complex multiuse sites, the number of off-site movements may be adjusted downward by estimating the synergistic absorption of movements between different generators on-site. Again, this adjustment shall be reasonable and defendable.
5.
Trip Distribution.
A.
The expected distribution of the generated movements throughout the defined study area shall be estimated for the a.m. and p.m. peak hours and for a twenty-four-hour period. This distribution shall be based on the best available information as to the likely movement directions to and from the site. The directional distribution and magnitudes of existing traffic flows may be employed for this purpose as well as origin and destination data for the area which can be obtained from the Southwestern Pennsylvania Commission (SPC).
B.
The distributed flows shall be added to the existing volumes and turning movements for the a.m. and p.m. peak hour and for a twenty-four-hour period. These shall then be the estimated flows which are expected to prevail upon completion of the development.
6.
Staged Development.
A.
For projects which will take several years to complete, the projected overall development plan shall be presented, and specific portions for which permits are sought shall be sufficiently detailed to make the above-described studies. The timetable for completion of each section for which permits are sought shall be specified and the study shall be broken into phases in accordance with this schedule.
B.
The trips for the first section shall be added to the existing flows for a current year estimate and the trips for subsequent sections shall be added to the estimated volumes expected on the street system for each appropriate year, plus the generated trips added for each prior section. It is to be noted that this procedure covers only those sections for which permits are being sought and does not constitute any obligation or assurance concerning future sections of the development on the part of New Stanton Borough or the developer.
7.
Adjustment of Study Area. If the above studies shall disclose that there are parts of the street system or intersection approaches beyond those originally examined which will be affected in either peak hour or to the extent of 100 or more added vehicles, the study area shall be extended and necessary inventory data gathered to incorporate them into the study process. Conversely, if any are found to fall below that threshold, they may be dropped from further consideration.
8.
Impact Analyses.
A.
For each established study location, appropriate level-of-service capacity studies shall be made to ascertain the expected impact on the traffic flow. If the expected level of service is "D" or less, appropriate corrective measures shall be identified and described. If the prescribed corrective measures are already identified in the New Stanton Borough zoning or subdivision and land development regulations, that fact shall be noted. If the expected level-of-service has changed from "D" to "E" or "F" as a result of the added traffic, that fact shall also be noted.
B.
For each identified high-hazard location, and for each study intersection with five or more accidents per year, studies shall be presented of the extent to which these may be due to existing physical or control conditions and the extent to which the added traffic may exacerbate the condition. Appropriate corrective measures, along with their relationship to the minimum levels of service established by New Stanton Borough, shall be identified and described.
C.
If the developer desires to volunteer to undertake any of the identified corrective measures at his cost in the interest of timely completion in respect to his project, they should be identified in the impact report.
9.
Site Access.
A.
The location and design details of all proposed site access points shall be presented along with estimates of expected peak hour entrance and exit flows and turning movements. Sight distances along the access streets at the access points shall be stated and any proposed modifications or controls of the access street which the developer proposed to build or install shall be described. An analysis of the expected level of hazard which may exist at the access points when in operation shall be presented.
B.
In the case of multistage, multiyear projects, the overall development project shall identify the anticipated final access point layout, but only those access points being provided to handle the development traffic for those sections which permits are requested need be subjected to this detailed analysis.
10.
Study Presentation. Six copies of the completed traffic study shall be submitted at the time applications for approvals are filed. The professional person(s) responsible for the content of the report shall be available to present and defend the report at subsequent technical review meetings and formal hearings.
§ 27-510 Temporary Outdoor Activities.
[Ord. No. 2007-219, 7/19/2007]
1.
No person shall conduct or allow to be conducted any temporary outdoor activity as defined in Part 1 (including those specifically listed herein) without first obtaining a temporary use permit therefor, where required, in compliance with the terms of this Part.
2.
A signed application on a form furnished by the municipality shall be filed with the Zoning and Codes Officer 10 working days prior to the commencement of the temporary outdoor activity.
3.
All temporary outdoor activities shall require review and approval by the Zoning and Codes Officer and issuance of a temporary use permit, including the following:
A.
Seasonal sale of produce whether from a portable stand or sectional display unit wherein items are displayed;
B.
The sale of trees or shrubbery for seasonal events;
C.
The periodic sale of crafts such as leather goods, furniture or art from a vehicle;
D.
The sale of special event T-shirts, clothing items, or sports related items from a vehicle;
E.
Sidewalk sales and other similar activities, which shall be permitted only in commercially zoned areas and only for a maximum of seven consecutive days, limited to three per year;
G.
Carnivals;
H.
Circuses;
I.
Assemblies;
J.
Marathons, bicycle races or road rallies;
K.
Antique car shows; or
L.
Still or motion pictures made by any analog or digital recording devices.
4.
Conditions for All Temporary Use Permits:
A.
All temporary uses shall be compatible with other uses permitted in the zoning district in which the use is proposed. Multifamily yard sales in residential zoning districts shall be considered compatible only when the activity is conducted so as to minimize its impact on surrounding properties.
B.
The temporary use shall not involve the construction or alteration of any permanent structure.
C.
If the use involves the construction or placement of a temporary structure, the structure shall be removed within 48 hours of the expiration of the designated time period for the approved temporary use or upon the completion of the construction project for which it is erected.
D.
The temporary use shall not involve the creation of any nuisance to adjoining properties or public or private roads, including excessive noise, odors, glare or vibrations. Items which will be considered in making this determination will be: projected hours of operations; volume of traffic; available parking, projected traffic patterns; and type of activity.
E.
No person shall, in order to promote the sale or promotion of any goods, wares, merchandise or services, or in connection with any trade or business, operate from any premises, building, and vehicle or on any street any horn, bell, chimes, loudspeaker or any other sound device. No applicant shall permit the following on the permitted premises:
5.
Except for sidewalk sales and temporary structures and construction trailers, the temporary use permit shall be issued for a period of 21 days. Any temporary use permit may contain conditions which the Zoning and Codes Officer may deem necessary to minimize inconvenience to the public. Such conditions may include, but are not limited to, the hours during which the temporary outdoor activity may operate and the duration of said activity and traffic safety measures. Further, the Zoning and Codes Officer may require the applicant to make arrangements with the Police Department of the municipality for traffic and crowd control. All costs for said control measures shall be borne entirely by the applicant. Violation of the conditions of the permit shall render the permit null and void, constitute a violation of this Part and subject the applicant to the penalties provided for in this chapter.
6.
Upon application, the Zoning and Codes Officer may renew and extend the permit for a period of not more than seven days. One temporary use permit and one renewal may be issued in any one twelve-month period, except as otherwise specified. No extension is permitted for a sidewalk sale. The permit shall be maintained on the property where the subject temporary outdoor activity is conducted at all times and shall be available on demand for inspection and review by any municipal official, representative or employee.
7.
Temporary Structures and Construction Trailers. The Zoning and Codes Officer shall issue a temporary use permit for occupancy of temporary structures only when they are incidental to permitted nonresidential uses, such as outdoor display or sales areas, or construction trailers, sales offices or other temporary business offices to be maintained during construction of any permanent structure or structures for which a zoning/building permit has been issued, provided that all of the following requirements have been met:
A.
Temporary use permits for temporary structures as herein defined shall be granted for a period of not to exceed 12 months.
B.
The temporary use permit for temporary structures shall be canceled upon written notice by the Zoning and Codes Officer or a designated agent of New Stanton Borough, if construction of the permanent structure is not diligently pursued or if the existing use is discontinued.
C.
All temporary structures shall be located at least 18 feet from any property lines.
D.
All temporary structures which are proposed to be accessible to the public shall be located at least 100 feet from any construction entrance or from the foundation of any structures which is under construction.
E.
Vehicular access to all temporary structures which are proposed to be accessible to the public shall be designed to ensure pedestrian safety.
§ 27-511 Performance Standards.
[Ord. No. 2007-219, 7/19/2007]
1.
Compliance.
[Amended by Ord. No. 2012-241, 12/7/2012]
A.
No use, land or structure in any district shall involve any element or cause any condition that may be dangerous, injurious or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration, glare, excessive traffic, attract vermin or rodents or constitute a nuisance or be a detriment to the health, safety, moral or general welfare of the community or to any other person or property in the Borough. All uses in all districts shall be subject to the following standards of operation.
B.
In cases where the Borough determines that compliance cannot be adequately determined from the information submitted by the applicant or issues develop over the need for or the adequacy of compliance, the Borough may require evaluation and report by a qualified consultant. In such instance, the Borough shall advise the applicant of the Borough's needs and first offer the applicant to address the Borough's issues by an evaluation and report from a qualified consultant. In the alternative the applicant shall authorized the Borough to select and engage such consultant. In either case, the cost and expenses for such services shall be borne by the applicant.
2.
Environmental Performance Standards. The developer shall determine the presence of environmental or natural features on any site proposed for land development and shall meet the following standards for environmental protection. Site alterations, erosion and sedimentation control, regrading, filling, the clearing of vegetation or timbering and forestry activities without an appropriate and current permit prior to approval of the plans for development shall be a violation of this Part.
A.
Floodway Delineation. One-hundred-year floodways shall be delineated as per the provisions of the current Borough ordinance. Within the floodway, the following uses and activities having a low flood damage potential and not obstructing flood flows shall be permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, and do not require structures, fill or storage of materials and equipment:
B.
Floodplains. For the purpose of this section, normally dry land area adjacent to stream channels that is susceptible to being inundated by overbank stream flows. Development activities shall be regulated as per the provisions of the current Borough ordinance.
C.
Steep Slopes. In areas of steep slopes, i.e., those above 15%, the following standards shall apply, except as approved by the Borough Engineer:
D.
Forest. No more than 50% of any forest as defined may be cleared or developed, unless trees are the primary crop being harvested.
E.
Ponds, Watercourses or Wetlands. No development, filling, piping or diverting shall be permitted except for required roads and utility line extensions, unless permitted by the appropriate state, county or regulatory agency.
F.
Stormwater Drainage and Management. All plans shall comply with the provisions of Borough Ordinance No. 196 (2002), plus all applicable provisions of Chapter 22, Subdivision and Land Development, and all amendments thereto.
G.
Soil Erosion and Sedimentation. With any earth disturbance, there shall be control of erosion and the protection of streams and ponds from sedimentation in accordance with the "Clean Streams Law,"[1] P.L. 1987, Chapter 102 of Title 25 of the Pennsylvania Code, and the "Soil Erosion and Sedimentation Control Manual" of the Pennsylvania Department of Environmental Protection. In addition, a soil erosion and sediment control plan (ES and SC plan) shall be required as part of the application for any Borough permit where earth disturbance or excavation will occur. As a minimum, where sediment can be transported away from the disturbed area, a silt fence or straw bale barrier shall be erected and maintained in working order until vegetation is fully established as determined by the Pennsylvania Department of Environmental Protection, or erosion-resistant ground cover has been installed. Additional sediment pollution control measures may be required where land development is more extensive than single-family construction.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
3.
Odor. Those standards for the control of odorous emissions established by the Pennsylvania Department of Environmental Protection (PADEP) shall be applied in all zoning districts. Where an odor is deemed offensive, a duly authorized Borough representative shall refer the matter to the Pennsylvania Department of Environmental Protection (PADEP) where it has jurisdiction relative to an established airshed.
4.
Storage and Waste Disposal.
A.
No highly flammable, explosive or toxic liquids, solids or gases shall be stored in bulk (over 500 gallons), above the ground, except in an enclosed building and except new tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.
B.
All new permanent bulk outdoor storage facilities for fuel over 500 gallons, raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence.
C.
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 wells, watercourses, or potable water supplies otherwise render such wells, watercourses, or potable water supplies undesirable as sources of water supply or recreation; nor shall any substance which will destroy aquatic life be allowed to enter any wells, watercourses, or potable water supplies, where applicable. A Pennsylvania Department of Environmental Protection approved plan for spill containment shall be submitted to the Borough for review by the Borough Engineer prior to the issuance of any required permit.
D.
Any 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.
Air Pollution. No emission at any point from any chimney or otherwise of visible smoke in excess of that permitted by the air pollution control regulations of the commonwealth agency with jurisdiction shall be permitted.
6.
Dust, Fumes, Vapors, and Gases. The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, to vegetation, or to property or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.
7.
Glare and Outdoor Lighting.
[Amended by Ord. No. 2012-241, 12/7/2012]
A.
No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or employ unshielded illumination sources beyond its lot lines or onto any public road. Spillover lighting from parking areas shall not exceed two footcandles per square foot beyond the property line.
B.
All exterior light fixtures, except lighting for residential and agricultural uses and streetlighting and associated traffic safety devices provided by a public utility or governmental entity within a public right-of-way, shall comply with the following standards:
(1)
Outdoor luminaire design.
(a)
For lighting horizontal tasks, such as private drives, sidewalks, entrances and parking areas, full cutoff luminaries shall be used.
(b)
Luminaries shall be equipped with light-directing and/or shielding devices, such as shields, visors, skirts or hoods, to redirect offending light distribution and/or reduce direct or reflected glare.
(c)
Light fixtures, including mounting base, shall not exceed 35 feet in height above finished grade.
(2)
Glare control.
(a)
Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, fences or similar methods be considered acceptable for reducing glare.
(b)
Neither the direct nor reflected light from any exterior lighting fixture shall create a disabling glare that would be a potential traffic hazard for motor vehicles on public roads.
(c)
No exterior lighting fixture shall have any blinking, flashing or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color. Deliberately induced sky-reflected glare, caused by the use of searchlights, beacon light or laser source lights for advertising or entertainment purposes, is prohibited.
(d)
The Zoning Officer may require that lighting be controlled by automatic timing devices to extinguish light sources during specific periods to mitigate the adverse consequences of light pollution when such action is necessary to protect adjacent properties and uses.
8.
Vibrations. No use shall cause earth vibrations, or concussions detectable beyond its lot lines without the aid of instruments, with the exception of vibration produced as a result of temporary construction activity.
9.
Discharge. No discharge at any point into any private sewage disposal system or stream or into the ground of any materials in such a way or in such manner or temperature as can contaminate any public or private water supply or otherwise cause the emission of dangerous, noxious or objectionable elements, or the accumulation of solid wastes conducive to the breeding of rodents or insects is permitted.
10.
Heat, Cold, Dampness or Movement of Air. No activities producing heat, cold, dampness or movement of air are permitted which shall produce any material effect on the temperature, motion or humidity of the atmosphere at the lot line or beyond.
11.
Noise. No new use proposed in any district which by the nature of its use, operation or activity produces noise of objectionable character or volume as noted by a person of ordinary and reasonable sensibilities at the property line of the parcel upon which the offending use is located will be permitted. The following standards shall apply in each district for any use in the district unless standards are established for subcategories of uses, in which case such subcategory standards shall apply:
[Amended by Ord. No. 2012-241, 12/7/2012]
A.
Steady-state noise emanated from stationary, portable or mobile equipment, processes or facilities. Steady-state noise emanating from any equipment or sources onto adjacent real properties or to a receiving property within any district within the Borough, which will persist during indefinite or periodic intervals of time of two hours or more in a calendar day, or for a period of one hour during two or more days in any seven consecutive days period, shall not exceed the maximum noise levels set forth below:
(1)
Maximum noise level 7:00 a.m. to 10:00 p.m.: 60 dBA.
(2)
Maximum noise level 10:00 p.m. to 7:00 a.m.: 60 dBA. In addition, if steady-state noise emanating from any equipment or sources onto adjacent real properties or to a receiving property within any district within the Borough exceeds 90 dBA for any period of 15 minutes or more, but less than the time frames set forth above, then the applicant or occupant shall install and maintain suitable noise baffles to reduce such noise levels to meet the above standards in order to protect the adjacent properties or receiving properties from such noise.
(a)
No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in this section when measured at the following locations:
(c)
The use of residential maintenance equipment, including, but not limited to, power mowers, on a temporary basis in residentially zoned districts shall be exempt from the standards in this section.
B.
Sound measurements made to determine compliance with the conditions and standards of these sections shall be made using a sound level meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications S1, 4-1971, or more current specifications.
12.
Electrical Disturbance or Radioactivity. No activities which emit dangerous radioactivity or continuous, cumulative, low-level radiation at any point are permitted, and no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance shall be permitted.
13.
Maintenance of Yards and Property. The owner or lessee of any property located near or adjacent to any developed property or area shall maintain such property so that:
[Amended by Ord. No. 2012-241, 12/7/2012]
A.
All portions of the property shall be kept free of junk, debris, disabled motor vehicles, and dangerous or noxious material.
B.
Any material stored outside an enclosed structure being used for commercial or industrial purposes, as an incidental part of the primary operation, shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining properties not owned by the user. Materials shall not be deemed to include operable vehicles.
C.
The required screen shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The Borough Council shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.
D.
Landscaping in commercial and industrial districts adjacent to public rights-of-way shall meet the following requirements:
(1)
Any part or portion of a site that is being occupied and that is not used for buildings, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan. A replacement program for nonsurviving plants shall be included.
(2)
Any single parking area with 25 or more spaces shall utilize at least 5% of its area in landscaping.
14.
Vehicle and Equipment Maintenance.
A.
In industrial and commercially zoned areas, all vehicles and movable equipment repair done on the property shall be performed within an enclosed building, except that minor maintenance activities may be completed on the exterior of a lot where space has been provided for the temporary parking or storage of vehicles and movable equipment.
B.
In residentially zoned areas, minor vehicle maintenance activities on vehicles owned by the occupant may be conducted in driveways, but in no case shall repairs be made on vehicles and movable equipment which would result in the storage of said vehicles or movable equipment on the exterior of the lot for more than 48 hours, unless said vehicles are stored in an enclosed building.
15.
Water Supply. All new water wells which provide the primary source of potable water for the residence of the same lot shall produce at a minimum 3.5 gallons per minute, per well, continuously.
A.
Documentation shall be submitted to the Borough which verifies the capacity of each new well providing the primary source of potable water.
B.
No subdivision or land development which relies on well water as the primary source of potable water shall be approved unless the minimum capacity identified herein is met.
16.
Access. Residential subdivisions or land development with a maximum of 60 dwelling units proposed may be provided with only one primary point of access. When 61 or more dwelling units are proposed, the subdivision or land development shall be provided with two points of access to public rights-of-way.
17.
Design review requirement.
[Added by Ord. No. 2012-241, 12/7/2012]
A.
All zoning applications for development, improvement or modification of sites in business or industrial zoning districts or involving an industrial use regardless of zoning district shall be submitted to the Borough Planning Commission for design review prior to approval by the Zoning Officer (uses by right), Borough Council (conditional uses) or the Zoning Hearing Board (special exceptions).
B.
Zoning applications shall include data and drawings in sufficient detail for evaluation and review of:
(1)
Site location and physical characteristics.
(2)
Building locations: on-site and adjacent thereto.
(3)
Structure design and related amenities.
(4)
Accessory uses: storage, structures and parking.
(5)
Site access and adjacent traffic considerations.
(6)
On-site circulation.
(7)
Landscaping plan.
(8)
Drainage, utility and other support requirements.
(9)
Initial and projected use potential.
(10)
Any additional data deemed appropriate and necessary by the Planning Commission to evaluate the proposed development.
(12)
Outdoor lighting plan.
§ 27-512 Regulations and Permits Procedures for Oil and Gas Operations.
[Ord. No. 85-119, 8/22/1985; as added by Ord. No. 86-126, 12/1/1986, § 2; as amended by Ord. No. 97-173, 2/6/1997; Ord. No. 2007-219, 7/19/2007; and by Ord. No. 2012-241, 12/7/2012]
1.
Subject to the provisions set forth in this amending section, oil and gas operations shall be permitted as a conditional use in the following zoning districts in the Borough: The RA District; R-1 District, R-2 District, B-1 District, L-1 District and the L-2 District. The following provisions and procedures shall be applicable to oil and gas operations and related uses and activities in addition to the requirements set forth elsewhere in this section:
A.
Review of Applications.
(1)
An application for oil and gas operations shall include the following information and submittals:
(a)
The name and address of the applicant. [The applicant must qualify as such under the terms and definitions of the Pennsylvania Municipalities Planning Code (MPC).[1]] Under the MPC, an "applicant" is a landowner or developer, as defined in the MPC, who has filed an application for development including his heirs, successors and assigns. "Landowner" is defined in the MPC as the legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he/she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land. A "developer" is defined in the MPC as any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. The applicant shall submit with the application a copy of the document or documents which establish that the applicant qualifies as such.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(b)
A copy of the well permit applied for and/or issued by the PADEP for the well and/or oil and gas operations, including a copy of the plat(s) submitted to PADEP in conjunction with such permit application.
(c)
The names and addresses of all surface owners of the property which is the subject of the application.
(d)
The names and addresses of all residents of any building on the subject property.
(e)
The names and addresses of all businesses operated in any building on the subject property.
(f)
A description and location of any and all oil and gas operations to be performed or undertaken on the subject property, whether temporary or permanent, with estimated time frames for each activity.
(h)
When determined and required by the Borough as necessary to conduct and review the application, a plat, prepared by and under seal of a surveyor registered and licensed in the Commonwealth of Pennsylvania, showing all current features and structures of and on the subject property.
(2)
All fully completed and submitted applications for permitted uses related to oil and gas operations shall be reviewed by the appropriate officials and consultants of the Borough within 30 days of the completed submission.
(3)
All fully completed and submitted applications for conditional uses related to oil and gas operations shall be reviewed by the appropriate officials, consultants, Planning Commission and Borough Council of the Borough within 60 days of the completed submission.
B.
Prohibited activities.
(1)
The following types of oil and gas operations shall be prohibited in the following Zoning Districts: V-1 District, B-2 Neighborhood Business District and T-1 Transportation District:
C.
Emergency Preparedness and Emergency Response Information.
(1)
Unconventional Wells. The operator of any unconventional well, at time of application for a permit or a conditional use, shall provide proof to the Borough that the operator has complied with or shall comply with the requirements of 35 Pa.C.S.A. § 7321 and the regulations adopted by the Pennsylvania Emergency Management Agency and the Department of Environmental Protection pursuant to the authority of 35 Pa.C.S.A. § 7321.
(2)
Conventional Wells. As part of a permit application or an application for a conditional use, the applicant shall provide to the Borough the emergency response information set forth herein and an emergency preparedness and public safety plan. The emergency response information shall contain all of the following:
(a)
A GPS coordinate address for each well, including an address at both the access road entrance and the well pad site.
(b)
The name, address and phone number, including emergency twenty-four-hour phone number, for the operator of the well.
(c)
An as-built plan for the property and features and facilities on the well site, including detention ponds, retention ponds, waterlines, gas lines and access roads.
(d)
File an emergency response plan with the Borough and the Westmoreland County Emergency Management Organization which will provide, at a minimum, a first responder's plan for potential emergencies, including but not limited to explosions, fires, leaks, releases, ruptures and geological activities.
(e)
In addition to the above, provide specific emergency preparedness plans which are unique and particular to the site and operations.
(f)
Post a permanent, weatherproof, reflective sign at the entrance road to each well site setting forth the specific address of that site, the GPS coordinates for the site and the emergency contact phone number for the operator.
D.
Equipment. Equipment directly associated with oil and gas operations, pipelines, access roads and security features shall be permitted to be located and used if:
(1)
It is necessary and directly associated with such oil and gas activities.
(2)
It is located at or immediately adjacent to the oil and gas operation sites or activities.
(3)
The activities are authorized and permitted by a state and federal agency. The person using or intending to use such equipment shall provide written proof of the applicable state and or federal permits authorizing and permitting such activities.
E.
Floodplain. A gas well or gas well pad (site) shall not be built or located in a floodplain if the well pad (site) will contain a pit or impoundment for drilling wastes. Wells and well pads (sites) may be built and located in a floodplain if the wastes from such activities will be stored in tanks that are not located within the floodway section of the floodplain so long as said tanks comply with the requirements of Chapter 8, Floodplain Management.
F.
Uses Related to Oil and Gas Operations.
(1)
This chapter of the Code of Ordinances of the Borough of New Stanton) is hereby amended and supplemented to authorize, as set forth in this amending section, to the extent so provided and as required and subject to the limitations, restrictions and prohibitions established by the lawful provisions of Act 13 of 2012, the following uses, activities and occupancies related to oil and gas operations in the zoning districts of the Borough heretofore set forth in this amending section:
(a)
Oil and Gas Operations and Residential Districts.
1)
Natural gas compressor stations are not authorized to be constructed, installed, located, occupied, or utilized in any residential zoning districts.
2)
Natural gas processing plants are not authorized to be constructed, installed, located, occupied, or utilized in any residential zoning districts.
3)
Impoundment areas are not authorized to be constructed, installed, located, occupied, or utilized in any residential zoning district.
4)
Wells and well sites are not authorized to be constructed, installed, located, occupied, or utilized in any residential zoning districts if the well site cannot be placed so that the wellhead is at least 500 feet from any existing building.
5)
Wells and well sites may be authorized to be constructed, installed, located, occupied, or utilized in any residential zoning districts as a conditional use if the well site is placed so that the wellhead is at least 500 feet from any existing building and all of the following are met:
[a]
The use and occupancy is approved by the Borough Council as a conditional use and complies with all of the general requirements for a conditional use; and
[b]
The outer edge of the well pad is 300 feet or more from an existing building; and
[c]
All oil and gas operations (excluding impoundment areas, natural gas compressor stations and natural gas processing plants), other than the placement, use and repair of oil and gas pipelines, water pipelines, access roads and security facilities, do not take place within 300 feet of an existing building.
(b)
Impoundment Areas in Zoning Districts other than Residential Districts. Impoundment areas shall be authorized as a conditional use in any zoning district so identified elsewhere in this amending section, other than a residential zoning district, if the edge of the impoundment area is located at least 300 feet from an existing building.
(c)
Natural Gas Compressor Stations in Agricultural and Industrial Zoning Districts. Nature gas compressor stations shall be a conditional use in the RA Zoning District and the LI-1 and LI-2 Industrial Zoning Districts if the natural gas compressor building meets the following standards:
1)
The natural gas compressor building is located 750 feet or more from the nearest existing building or 200 feet from the nearest lot line, whichever is greater, unless waived by the owner of the building and adjacent lot; and
2)
The noise emanating from the site does not exceed a noise standard of 60 dBa at the nearest property line or the applicable standard imposed by federal law, whichever is less.
(d)
Natural Gas Compressor Stations in Other Zoning Districts Other Than Residential, Agricultural and Industrial Zoning Districts. Natural gas compressor stations shall not be authorized as a conditional use or otherwise in any other zoning districts.
(e)
Natural Gas Processing Plants in Industrial Zoning Districts. Nature gas processing plants shall be a conditional use in the LI-1 and LI-2 Industrial Zoning Districts if the natural gas compressor building meets the following standards:
1)
The natural gas processing plant building is located 750 feet or more from the nearest existing building or 200 feet from the nearest lot line, whichever is greater, unless waived by the owner of the building and adjacent lot; and
2)
The noise emanating from the site does not exceed a noise standard of 60 dBa at the nearest property line or the applicable standard imposed by federal law, whichever is less.
(f)
Natural Gas Processing Plants in Other Zoning Districts. Natural gas processing plants are not authorized to be constructed, installed, located, occupied, or utilized in any other zoning districts in the Borough.
(g)
Except as modified by this amending section, oil and gas operations shall be subject to, in addition to use regulations, the applicable zoning district regulations of yard, frontage, setbacks, lot size and area, lot width, net building area, site capacity calculations, natural resource protection standards, provisions for off-street parking and loading, floodplain standards, all overlay district regulations, and to such other provisions as are specified in other provisions of this section and this chapter.
1)
Where another use exists or is proposed for a parcel in addition to oil and gas operations, each use must meet the required minimum net building area. Each well site shall be calculated based upon the pad or well site area where the well and its attendant facilities are located, as well as any pond, impoundment, reservoir or access road areas.
3)
A conditional use approval for a well shall be valid for a period of one year from the date of the approval. If drilling of a well has not been initiated within one year after the conditional use approval, the conditional use approval shall expire. An extension may be granted by the Borough of New Stanton Borough Council for an additional period of time, not to exceed a maximum of one year, upon written request by the applicant filled prior to the expiration of the original one-year period, subject to the finding that the plan is in compliance with all applicable provisions and requirements.
4)
Minimum lot size for oil and gas operations involving a well site.
5)
All well site structures, equipment and operations within 200 feet of a residential structure or a place of public assembly shall be fully screened from off-site view from such residential structure or place of assembly. Methods of screening may include, but are not limited to, any of the following methods, either individually or in combination:
[a]
Existing or planted screening consisting of trees, shrubs and other vegetation as well as topography, if sufficient proof of the same is presented to the Council as part of the conditional use process.
[b]
Fencing if sufficient proof of the same is presented to the Council as part of the conditional use process.
6)
Unless other times and days are approved by the Council as a condition of the grant of a conditional use, the hours of activity for the siting, drilling, stimulating, inspection, servicing, completion or alteration of the well and its site shall be limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m., except for emergencies.
7)
Noise.
[a]
The operator shall take all possible precautions and measures to minimize the level and duration of noise created by the oil and gas operations, including without limitation maximum muffling of generators and construction of noise dissipaters or earthen berms. All oil and gas operations must comply with the provisions of this subsection as well as the general requirements applicable to noise in all zoning districts.
[i]
These noise standards shall also apply to any gas compressors and to all equipment used for well siting, drilling, stimulation, completion, alteration, production and other related oil and gas operations.
[ii]
Based upon special site characteristics, additional noise measures may be required upon inspection and determination by the Borough.
[iii]
When taking noise measurements to determine whether additional noise mitigation measures are necessary, sound pressure levels shall be measured under conditions that are representative of the most demanding assumptions related to the specific site. Consideration shall be given to (including but not limited to) the nature and proximity of adjoining properties; time of day; prevailing weather patterns; amount of vegetative cover on or adjacent to the property; and topography of the site.
[iv]
If, based upon special site conditions and analysis, additional noise measurements are necessary, one or more of the following additional noise abatement measures, listed below in ascending order of mitigation, shall be required:
[A] | Acoustically insulated housing, or covers enclosing any motor or engine; |
[B] | Screening the site or noise emitting equipment by fence or landscaping; |
[C] | Solid wall or fence of acoustically insulating material surrounding all or part of the facility. |
[b]
The general noise standards applicable in all districts are as follows:
Noise: No new use proposed in any district which by the nature of its use, operation or activity produces noise of objectionable character or volume as noted by a person of ordinary and reasonable sensibilities at the property line of the parcel upon which the offending use is located will be permitted. The following standards shall apply in each district for any use in the district unless standards are established for subcategories of uses, in which case such subcategory standards shall apply: | |
A. | Steady-state noise emanated from stationary, portable or mobile equipment, processes or facilities. Steady-state noise emanating from any equipment or sources onto adjacent real properties or to a receiving property within any district within the Borough which will persist during indefinite or periodic intervals of time of two hours or more in a calendar day, or for a period of one hour during two or more days in any seven-consecutive-days period shall not exceed the maximum noise levels set forth below: |
(a) | Maximum noise level 7:00 a.m. to 10:00 p.m.: 60 dBA. |
(b) | Maximum noise level 10:00 p.m. to 7:00 a.m.: 60 dBA. |
In addition, if steady-state noise emanating from any equipment or sources onto adjacent real properties or to a receiving property within any district within the Borough exceeds 90 dBA for any period of 15 minutes or more, but less than the time frames set forth above, then the applicant or occupant shall install and maintain suitable noise baffles to reduce such noise levels to meet the above standards in order to protect the adjacent properties or receiving properties from such noise. | |
1. | No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in this section when measured at the following locations: |
(a) | Within 25 feet of any receiving residence, occupied structure or building located in any district; or |
(b) | At any point along the boundary line between the source property and the receiving property in any residential or village districts. |
2. | Maximum permissible noise levels at any time in any residential district or village are: |
(a) | Daytime (7:00 a.m. to 10:00 p.m.): 60 dBA. |
(b) | Nighttime (10:00 p.m. to 7:00 a.m.): 60 dBA. |
3. | The use of residential maintenance equipment, including, but not limited to, power mowers, on a temporary basis, in residentially zoned districts shall be exempt from the standards in this section. |
B. | Sound measurements made to determine compliance with the conditions and standards of these sections shall be made using a sound level meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications S1, 4-1971, or more current specifications. |
(2)
The operator shall be responsible to keep all public and private rights-of-way which are used to enter or exit the well site substantially free from mud, dirt and other debris. If any substantial amount of mud, dirt or other debris is carried on to public or private rights-of-way from the well site, the operator shall clean the roads at regular intervals.
(3)
The applicant shall file, with its application for a conditional use, all plans for:
(a)
The transportation and delivery of equipment, machinery, water, chemicals, products, material and items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the well;
(b)
The storage, transportation and removal of gas, hydrocarbons, fracturing fluids, waste products and other items from the well site; and
(c)
Roads, streets, alleys, rights-of-way, easements or other property interests to be utilized for the transportation, delivery and/or removal of equipment, machinery, chemicals, products, gas, hydrocarbons, fracturing fluids, water, waste products and other items to and/or from the well site.
§ 27-513 Landscaping and Buffer Yards.
[Ord. No. 2007-219, 7/19/2007]
1.
General. Landscape and buffer yard standards are intended to provide natural transition areas between developed lots, tracts and parcels. The standards will facilitate this in the following ways:
A.
Buffer yard standards, requiring appropriate buffers between incompatible land uses, will reduce negative impacts of more intense uses relative to less intense adjacent uses.
B.
General landscape standards are intended to assist in the development of more attractively landscaped outdoor spaces and provide for a greater sense of continuity within individual developments and smoother transition from one development to another.
C.
The parking lot landscaping requirements should result in more shade, reduced glare and heat buildup, and less of the visual monotony created by large expanses of pavement and large numbers of parked cars.
2.
Buffer Yards.
A.
Purpose. Buffer yards shall be required around the periphery of new developments as indicated, in order to provide a physical separation between different land uses and in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions.
B.
Location of Buffer Yards. Buffer yards, where required, shall be located along the outer perimeter of a lot, tract or parcel proposed for development abutting the parcel boundary line and extending the full length of the line except for vehicular entrances. Buffer yards shall not be located on any portion of an existing or dedicated public or private street or right-of-way, but may be situated, wholly or in part, within a required yard.
C.
Buffer Yard Type. The type and extent of buffer yard plantings or screening shall be a function of the degree of potential incompatibility of the adjacent land uses as set forth herein. New developments in New Stanton Borough shall provide one of the following buffer yards, as specified in this section:
Buffer Yard A: Minimum Buffer Yard Width 10 feet  |
Buffer Yard B: Minimum Buffer Yard Width 15 feet  |
Buffer Yard C: Minimum Buffer Yard Width 25 feet .tif.png "027 Bufferyard C(top).tif") .tif.png "027 Bufferyard C(bottom).tif") |
3.
Buffer Yard Width. Each buffer yard has four width options. As width increases, the number of plantings per 100-foot length decreases by a given factor referred to as the "plant unit multiplier." A plant unit multiplier of one is used for the minimum width of each buffer yard. The minimum width can be reduced, in certain instances, by using berms or berm walls within the buffer yard as illustrated below.
4.
Buffer Yard Fences.
A.
Buffer yards may include the optional use of fences, berms, or berm walls as part of the buffer yard requirement. The specifications for the permitted fences, berms, and berm walls are as follows:
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B.
If a fence or wall has a decorative side, that side shall face the public right-of-way, or in the case of a fence or wall separating residential from business premises, the decorative side shall face the residential property. It shall be the responsibility of the person or corporation erecting the wall or fence and their successors and assigns to maintain both sides of it in good repair for as long as it is in place. All parts of a fence or wall including foundations shall be entirely within the property on which it is located.
5.
Buffer Yard Maintenance. Buffer yards shall be maintained by the owner of the property on which they are located. Destruction of 15% of the plant material regardless of cause shall require the replacement of such plantings by the owner.
6.
Buffer Yard Use. A buffer yard may be used for passive recreation and may contain pedestrian or bike trails, provided that no plant material is eliminated or, if eliminated, is replaced in close proximity elsewhere in the buffer yard; the total width of the buffer yard is maintained; and all other standards of this Part are met.
7.
Borough Landscaping Standards. In addition to the buffer yard landscaping requirements set forth herein, the following general landscaping requirements shall apply as indicated:
A.
Residential Landscaping Requirements. Residential landscaping is an important element in the township's efforts to maintain and enhance its rural and residential character. All residential developments shall adhere to the following landscaping standards:
(1)
All residential lots shall be planted with a minimum of three shade trees with a minimum caliper of 2 1/2 inches DBH. Any single-family detached lot shall have at least two of the required shade trees located in the front yard or, in the case of a corner lot, in the front yard or the side yard facing the street. Existing trees, of equal or larger DBH size, if properly preserved, will satisfy this requirement.
(2)
For any residential development containing attached dwellings (townhouses) and/or multifamily dwelling buildings, one shade tree with a minimum caliper of 2 1/2 inches diameter breast high (DBH) shall be planted for each dwelling unit, one on each individual townhouse lot if such lots are included in the development, or within the open space area(s). Existing trees of at least 2 1/2 inches caliper DBH and of a variety on the canopy tree list, if in good health, will satisfy this requirement.
B.
Open Space Landscaping Requirements. Developments that include required open space areas shall submit a landscaping plan as part of an application for a zoning/building permit. This plan shall provide for landscaping in the open space that defines space and circulation, provides shade, provides natural wooded areas for passive recreation and environmental needs, and provides screening for active recreation areas, parking lots, and other incompatible uses from residences. The quantity of trees allocated to common open space shall not have the effect of eliminating the landscaping devoted to individual lots. Open space areas within any development model shall adhere to the following minimum landscaping standards:
(1)
Planting Requirements: Two shade trees with a minimum caliper of 2 1/2 inches diameter breast high or three ornamental trees or evergreen trees shall be planted for each dwelling unit in the development within the open space area. Existing trees of equal or greater caliper will, if in good health, satisfy this requirement.
(2)
Areas with no trees shall be seeded with grass or maintained with ground cover.
(3)
Agricultural Use. While the open space is maintained in active agricultural uses, the planting requirements are waived.
C.
Nonresidential Landscaping Requirements. In all institutional, commercial and industrial developments: one shade tree with a minimum 2 1/2 inches caliper diameter breast high when planted for every 1,000 square feet of gross floor area, fractions excluded. Existing trees of equal or greater caliper, if in good health, will satisfy this requirement.
D.
General Requirements.
(1)
Hedges, Fences, Shrubbery, Dwarf Trees and Walls as Obstructions. Hedges, fences, shrubbery, dwarf trees, or walls placed on a property at the intersection of two public roads shall be placed on the property so that the vision of drivers approaching the intersection on either road is maximized. A triangular area whose sides are parallel to and abut the intersecting streets shall be kept clear so that vehicles approaching on either street are visible to one another.
(2)
Retaining Walls. Any wall at least four feet high above grade on its exposed side, and intended to hold an earth embankment from slipping, shall be considered a retaining wall. Such walls shall be designed by a registered engineer and shall be capable of withstanding soil pressures from behind as well as having foundations adequate to avoid overturning, a drainage system to remove water collecting behind the wall, and a barrier along the top of the wall to prevent accidental falls. A retaining wall shall require a building permit and shall not be closer than five feet from any property line. Retaining walls shall not exceed five feet in height.
8.
Parking Lot Design/Landscaping.
A.
All new parking lots and all existing parking lots that are expanded by 20 or more parking spaces or increased in area by 50%, after the effective date of this chapter, shall comply with the following parking lot landscaping requirements.
(1)
Perimeter Landscaping and Screening.
(a)
Parking lots shall be screened on the side directly adjacent to an existing residential building or use with a landscaped buffer so as to prevent direct views of parked vehicles from the residential property, decrease the amount of spillover light, glare, noise, or exhaust fumes onto adjacent residentially zoned or residentially occupied properties, and meet the following requirements:
1)
Visual Screen. Required screening of any side of a parking lot shall be by a minimum of a two-foot-six-inch-high, year-round screen, fence, hedge, berm or wall. The height of any required screen, fence, hedge, berm or wall shall decrease where driveways approach streets, roads, sidewalks or walkways in order to provide adequate visibility from motor vehicles of pedestrians and drivers of other vehicles, and shall not interfere with clear the sight triangle requirements of this chapter or any other ordinance of the Borough.
2)
Width. The visual screen shall be located on a minimum six-foot-wide buffer yard.
3)
Required Plantings. Where plant material is used as a screen, it shall include, at a minimum, canopy or ornamental trees planted at every 30 feet on center with continuous evergreen shrubbery in between.
4)
Fences, berms and walls shall be selected from the standards in this section.
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(b)
Parking Lot Interior Landscaping. The interior of any parking lot may be landscaped to provide shade and visual relief by installing protected planting islands or peninsulas within the perimeter of the parking lots.
(c)
Pedestrian crosswalks shall be provided where necessary and appropriate.
(2)
Shrubs in or at the edge of the parking lot shall be a minimum two feet six inches in height and shall provide a year-round screen for paved areas and cars. Shrub varieties should either be evergreen or, if deciduous, have a dense, twiggy growth for winter screening and an attractive year-round appearance.
(3)
Plants (or other elements) that restrict visibility, such as tall shrubs and low-branching trees, shall be avoided. Plant materials at vehicular entrances shall be located so as to maintain safe sight distances.
(4)
Plant varieties should be selected that are moderate- to slow-growing, require little maintenance, and tolerate such conditions as sun, wind, drought, glare, reflected heat, salt and chemicals, and small planting spaces.