Penn Hills Township
City Zoning Code
City Zoning Code
CHAPTER 1250
Design Standards
§ 1250.01 Conformity of Site Plans.
[Ord. 2136, passed 2-1-1993]
All site plan submissions must be designed in conformance with the following standards and requirements, which will be used by the Department of Planning and Economic Development and the Planning Commission in reviewing all applications.
§ 1250.02 Parking Areas.
[Ord. 2136, passed 2-1-1993]
(a)
All parking and loading areas and driveways shall be located and designed in accordance with the Zoning Code.
(b)
Concrete curbing shall be provided along the perimeter of parking areas to contain and control cars, direct surface drainage, and control erosion. Curbing may be eliminated or interrupted in approved areas to facilitate stormwater management design.
(c)
Line Markings shall be Provided to Separate Parking Stalls. Double three-inch-wide lines separated by 12 feet to 15 feet are suggested.
(d)
Parking lot gradients shall be a maximum 5% cross slope, and a maximum 7% longitudinal slope.
(e)
The following curb-to-curb widths shall be minimum requirement in parking areas:
(1)
Ninety-degree-angle parking/double loaded, with cars free to overhang curbs, width curb-to-curb to be a minimum of 62 feet. Area behind curbs shall be clear of structures, trees, or hedges for a minimum distance of four feet.
(2)
Sixty-degree-angle parking/double loaded, with cars free to overhang curbs, width curb-to-curb to be a minimum of 58 feet. Areas behind curbs shall be clear of structures, trees, hedges for a minimum distance of four feet.
(3)
Forty-five-degree-angle parking/double loaded, with cars free to overhang curbs, width curb-to-curb to be 52 feet.
(f)
All driveways and open off-street parking spaces shall be surfaced with a bituminous or concrete surface, except those for single-family residences and properties in I-1 and B-2 Districts, which may be of alternative dust-free surfaces.
(g)
Parking areas are to be designed in such a way as to avoid the necessity of vehicles backing onto the street right-of-way in order to exit.
(h)
Bumper blocks must be provided for each parking space to prevent the overhang of vehicles over adjacent sidewalks, driveways, or roads. Bumper blocks may be eliminated when the parking area design does not allow such overhangs.
§ 1250.03 Sidewalks.
[Ord. 2136, passed 2-1-1993]
(a)
Sidewalks shall be installed along the entire length of any portion of the site which abuts Municipal, County, or State rights-of-way, unless expressly waived by the Planning Commission.
Sidewalk waivers shall, in all cases, be granted on a temporary basis until sidewalks are constructed on adjacent properties and only after the applicant has demonstrated just cause.
(b)
Sidewalks shall be installed along at least one side of all parking areas, entrance drives and streets, providing for safe, pleasant, and efficient pedestrian circulation from all parking stalls to all entrances to structures.
(c)
At least one means of access to all public and commercial buildings must be provided to accommodate handicapped individuals. Ramp gradient, the requirement of railings, and the treatment of pavement surfacing shall comply with applicable requirements of the Pennsylvania Department of Labor and Industry.
(e)
Internal sidewalks shall be of concrete, pre-cast blocks, terrazzo (textured surface only), brick, flagstone, rubblestone, or blackstone.
§ 1250.04 Drives, Roads and Streets.
[Ord. 2136, passed 2-1-1993]
(a)
Entrance, service, and delivery roads shall be located and designed in accordance with the Pennsylvania Department of Transportation guidelines for design of local roads and streets, the Penn Hills Standards for Construction (Chapter 1020), and the Zoning Code.
(b)
Concrete curbs shall be installed on sides of roads as required, to contain vehicular traffic, protect pedestrians, and reduce maintenance of adjacent seeded or planted areas. Curbing may be eliminated or interrupted in approved areas to facilitate stormwater management design.
(c)
Centerline markings shall be installed on roads, streets and drives to guide and control traffic flows. Install line markings shall be installed to define and control parallel parking on streets, roads, and drives.
(d)
All surfaces are to be paved concrete or bituminous.
(e)
All street and alley layouts shall take into consideration prospective plans made by the Municipality. Also, the subdivider shall comply with all plans officially adopted by the Municipality.
The method of construction of all road work shall be in accordance with both the Pennsylvania Department of Transportation Specification Form 408 and Design Manual Part 2, Chapter 14, and the Penn Hills Standards for Construction (Chapter 1020), as they may be amended from time to time.
(f)
Wherever there exists a dedicated or platted portion of a street or alley along the boundary of the tract being subdivided, the remainder of said street or alley to the prescribed width shall be platted within the proposed subdivision.
(g)
No cul-de-sac shall be longer than 600 feet. A cul-de-sac shall include a turnaround at the closed end with an outside curb radius of at least 40 feet, and a right-of-way radius of not less than 50 feet, and said turnaround shall have a maximum grade of 5%.
(h)
The minimum distance between center lines of parallel or approximately parallel streets intersecting a cross street from opposite directions shall be 125 feet.
(i)
Intersections of more than two streets at one point shall be prohibited.
(j)
The Penn Hills Planning Commission may, when it deems it advisable, require a right-of-way with a width in excess of that required in these Regulations. Right-of-way requirements may be increased for specific thoroughfares if drainage easements parallel such thoroughfares. Such increased width shall be set by the Planning Commission under the advisement of the Municipal Engineer.
(k)
Short extensions of existing streets with lesser rights-of-ways and/or cartway widths than prescribed in this section may be permitted provided, however, that no section of the new right-of-way to be extended is less than the minimums as prescribed in Table I of Appendix A following the text of these Regulations.
(l)
Where a subdivision abuts or contains an existing street of inadequate right-of-way width, a dedication of additional right-of-way, in conformance with the above standards, shall be required.
(m)
Minimum right-of-way widths, paving widths, angles of intersection, distances along sides of sight triangles, sidewalks required horizontal alignment, vertical alignment, as well as maximum and minimum grades, shall be in accordance with Table I of Appendix A following the text of these Regulations.
(n)
Design standards of streets are as shown in attached Table I of Appendix A following the text of these Regulations.
§ 1250.05 Subdivision Land Requirements and Lot Design.
[Ord. 2136, passed 2-1-1993]
(a)
Land shall be suited to the purpose for which it is to be subdivided.
(b)
Every lot shall be accessible for the use of public safety vehicles and other public or private purposes, and shall be served by a public or private street system improved in accordance with these Regulations and connected to the general street system.
(c)
Double Frontage Lots should be Avoided. However, where a subdivision abuts an existing or proposed major traffic streets, the Planning Commission may require marginal access streets, rear service alleys, reverse frontage lots, or other such treatment as will provide protection for abutting properties, reduction in the number of intersections with the major street, and separation of local and through traffic.
(d)
Lot width and area are to be specified in the Penn Hills Zoning Ordinance, as amended.
(e)
The depth of a residential lot shall not exceed three times the width. The Planning Commission may permit lots longer than three times the width in instances where conditions warrant it. Likewise, lots too shallow for building shall be avoided.
(f)
All lots shall front on a Municipal street, existing or proposed.
(g)
If remnants of land exist after subdividing, they shall be incorporated in existing or proposed lots, or dedicated to public use if acceptable to the Municipality.
(h)
The depth and width of parcels laid out or reserved for non-residential use shall be adequate for the proposed use and sufficient to provide satisfactory space for off-street parking and unloading.
(i)
Side lines of lots shall be approximately at right angles to straight streets and radial to lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots shall be avoided unless it is clearly evident that such variation will improve the overall neighborhood design.
(j)
When a tract is subdivided into larger than required building lots, such lots or parcels shall be so arranged as to permit a logical location and opening of future streets and resubdividing, with provisions for adequate utility connections for each subdivision.
(k)
Corner lots shall have an extra width that is adequate to permit building setbacks from both streets.
§ 1250.06 Blocks.
[Ord. 2136, passed 2-1-1993]
(a)
Blocks shall ordinarily not exceed 1,000 feet in length. Where it is necessary for blocks to exceed this length, pedestrian ways and/or easements may be required near the center of the block.
(b)
Residential blocks shall be of sufficient depth to accommodate two tiers of lots except where reverse frontage lots bordering a major traffic street are used.
§ 1250.07 Building Location.
[Ord. 2136, passed 2-1-1993]
As specified in the Zoning Code, a building setback line shall be established and shown on the plan, in accordance with the yard requirements of the Zoning Code.
§ 1250.08 Easements.
[Ord. 2136, passed 2-1-1993]
Easements for sewers and utilities shall be required at a minimum width of 15 feet. Where a subdivision is, or will be, traversed by a water course, there shall be provided a stormwater easement or drainage right-of-way of a width sufficient for the purpose, 20 feet minimum.
§ 1250.09 Grading and Excavation.
[Ord. 2136, passed 2-1-1993]
(a)
General Purpose. The purpose of this section is to provide minimum standards to safeguard persons, to protect property and promote the public welfare by regulating the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill.
Earthmoving activities may cause damage to adjacent property and the environment. These requirements and standards are intended to minimize adverse effects. All new grading excavation or fill must conform to the standards of this section.
(b)
Scope. No grading shall take place in such a manner that it:
(1)
Damages adjacent property.
(2)
Causes settlement, slides, and/or excessive erosion.
(3)
Causes traffic safety problems.
(4)
Utilizes improper fill materials.
(5)
Adversely affects drainage patterns.
(6)
Leaves earth exposed for extended periods of time.
(7)
Leaves property in an unsafe condition.
(8)
Transports grading materials in such a manner that damages public or private streets and/or other public facilities.
(c)
Permit Required.
(1)
No person shall commence or perform any grading, excavation, or fill without first having obtained a grading permit issued by the Municipality. A separate grading permit shall be required for each site. One permit may cover both an excavation and any fill made on the same site.
(2)
Whenever subdivision and/or land development is otherwise required, a grading permit will not be issued prior to subdivision and/or land development approval. A building permit must also be obtained for imminent development prior to the issuance of a grading permit, with the exception of new residential subdivision developments, which must have an approved preliminary plan.
(3)
No grading permit will be issued for imminent development without prior approval of an approved method of sewage treatment, a highway occupancy permit, an erosion and sediment control plan, a building permit, and other required permits.
(4)
A grading permit will be issued where grading is limited to mining, quarrying or stock piling of coal, rock, sand, aggregate or clay that satisfy the requirements of the Regulations of the Commonwealth of Pennsylvania, and upon receipt of plans approved by the appropriate department of the Commonwealth, provided such operation has had prior zoning and site plan approvals and other required approval by the proper Penn Hills Municipal authorities.
A grading permit may be issued where grading is limited to solid waste disposal areas or sanitary land fills, operated in accordance with the requirements, rules, and ordinances adopted by the Pennsylvania Department of Environmental Resources, the Allegheny County Department of Health, and the Municipality of Penn Hills upon receipt of plans approved by said proper Penn Hills Municipal authorities.
(d)
Permit Not Required. A grading permit will not be required in the following situations, but in all other respects the provisions of these Regulations shall apply:
(1)
An excavation or fill which does not exceed five feet in vertical depth at its deepest point measured from the natural surface; does not result in cut and/or fill slopes deeper than three horizontal to one vertical and does not exceed an area of 1,000 square feet: and there is less than 100 cubic yards of excavation or fill.
(2)
An excavation below finished grade for basements and footings of a building, swimming pool, or underground structure authorized by a building permit and the excavation of a driveway between a building site and the street, provided, however, that a permit is required for excavation of a driveway between the building site and the street when conditions such as excessive cut or fill make a grading permit necessary. A grading permit shall not be required for the temporary stockpiling on the same site of the material from such excavation.
(3)
Grading or excavation which exposes less than 8,000 square feet of surface area, is otherwise consistent with the provisions of these Regulations, and, in the opinion of the Chief Code Enforcement Officer, is not detrimental to adjacent property. In making this determination, the Chief Code Enforcement Officer may impose reasonable conditions on the property owner and/or the contractor including, but not limited to:
(e)
Application and Approval Process. Every applicant for a grading permit shall file a written application to the Director of Code Enforcement. Accompanied with the application, the applicant shall supply a survey of the property. On the survey, plot plan or other such drawing of the owner's property, the applicant or owner may be required to show the area and extent of the proposed grading activity.
The Director may approve the application provided that there appears to be no hazards associated with the property; that public utilities are located and protected; and that storm water will not be diverted onto neighboring properties.
Any excavation or fill project which exceeds 500 cubic yards, involves the piping of a waterway, the raising of sewer manholes, or the installation or adjustment of utilities or other improvements, shall be reviewed by the Municipal Engineer. Applications requiring the Engineer's review shall contain the following information:
(1)
A description of the work.
(2)
Plans and specs prepared by a registered professional engineer.
(3)
An appropriate number of cross sections.
(4)
A grading plan showing existing and proposed contours, natural features, existing and proposed buildings, trees over 15 inches in caliper, drainage patterns, fences, walls, and other information as may be required by the Director or the Engineer.
(5)
All plans shall be dated and bear:
A.
The name and seal of the registered professional engineer, or registered surveyor, who prepared the same.
B.
The name of the applicant.
C.
The owner of the land.
D.
The estimated dates of the starting and completion of the grading work.
E.
The purpose for which the grading application is filed.
F.
Whether or not a building, structure or other improvement, the construction of which will require a building permit under the Building Code of the Municipality of Penn Hills, will be, or is intended to be, erected on the land on which the grading is to be done.
(f)
Permit Fees. Grading permits must be accompanied by appropriate fees as may be established from time to time by Council resolution.
(g)
Work Completion Guarantee; Additional Bonds. In conjunction with the issuance of a grading permit, the Code Enforcement Officer and/or the Municipal Engineer may require the applicant to post a performance bond or other approved security to guarantee the completion of the work, including slope treatment and drainage, contemplated by the permit. The amount of such bond shall normally be 25% of the cost of the work. For grading permits of a small scale, cash deposits shall be an acceptable form of security.
The Engineer, upon his discretion and knowledge of local streets, may require a bond to cover possible damage to local streets caused by heavy equipment and trucks which will be using those streets.
(h)
Inspections.
(1)
If at any stage of the work, the Municipal Engineer or the Director of Code Enforcement shall determine by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to endanger any property or streets or alleys, or create hazardous conditions, the Municipal Engineer or the Director of Code Enforcement may suspend operations. The Municipal official may require as a condition to allowing the work to continue that the permit holder take reasonable safety precautions to avoid such likelihood of danger. "Safety precautions" may include, but shall not be limited to, specifying a flatter exposed slope, and the construction of additional drainage facilities, berms, terracing, compaction, cribbing or walls, and all work must be done in such a manner.
(2)
The permit holder is required to keep all roads free of material including mud, dirt, gravel, etc., so as to prevent a traffic hazard.
(3)
The applicant and landowner are required to permit the inspection of work at all times during grading operations and are required to comply with any additional conditions as may be imposed by the inspector to protect adjacent property and otherwise correct violations.
(i)
General Requirements.
(1)
The top or bottom edge of slopes shall be at least three feet from property or right-of-way lines of streets in order to permit the normal rounding of the edge without encroaching on the abutting property. A fence not less than four feet in height, of a design approved by the Municipality or the Municipal Engineer, and meeting Municipal fence requirements, shall be placed at the top of all cuts or fill slopes in excess of 1 1/2 horizontal to one vertical.
(2)
The owner of a property shall be responsible for the protection of lower properties from damage which would be caused by silt and debris washing from his property as a result of the grading operation, and for clean-up, if damage does occur.
(3)
In order to prevent the denuding of the landscape, wherever practicable, large trees and other natural features constituting important physical, esthetic and economic assets to existing or impending suburban development shall be preserved.
(4)
Prior to any grading work, all topsoil shall be removed from the area to be graded and stockpiled and preserved for re-use on the site.
(j)
Standards for Fill.
(1)
No fill shall be made which creates any exposed surface steeper in slope than two horizontal to one vertical, except under one or more of the following conditions:
A.
The fill, in the opinion of the Municipal Engineer, is located so that settlement, sliding, or erosion of the fill material will not result in property damage or be a hazard to adjoining property, streets, alleys or buildings.
B.
A written statement, from a registered professional engineer, licensed by the Commonwealth of Pennsylvania and experienced in soils engineering, certifying that he has inspected the site and that the proposed deviation from the slope specified above will not endanger any property or result in property damage, is submitted to and approved by the Municipal Engineer.
(2)
The Municipal Engineer may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical if he finds that under the particular conditions such flatter surface is necessary for stability and safety.
(3)
Fills, embankments and finish grading shall be designed in accordance with the following:
A.
The bearing value and stability of the material under proposed fills and embankments shall be determined by subsurface investigation performed by a qualified registered engineer because of the potential for unexpected conditions in earth materials and a possibility of earth movement.
B.
The type of fill material available in each stage of the grading operations shall be determined in order to plan proper filling procedures:
1.
Broken concrete, concrete block, cinder block, brick, slag, and stone may be incorporated in fills and embankments, but only in layers 24 inches thick, maximum, as revised, with voids filled and a blanket of compacted fill separating one layer of rock from the next (as per PennDOT Form 408 specifications). Rock fill should be placed near the bottom of fill and in relation to the toe of the proposed embankments, building foundations, building caissons and subsurface utility installations. Suitable earth shall be reserved or be provided to cover rock fill under proposed seeded or planted areas.
2.
Coal, boney, red-dog, expansive shale and cinders shall not be placed in fill areas.
3.
No combustibles, including plastic, wood or decomposable material, shall be placed in fill areas.
C.
All organic debris and all topsoil shall be removed from areas to receive fill. Trees, shrubs and brush shall be cut on all slopes and any area where fill will cover two feet of the tree trunk.
D.
On major fills or embankments, as determined by the Municipal Engineer, a toe bench shall be constructed below mantle under the toe of fill.
E.
To take care of ground and subsurface water in the proposed fill area, a porous drain shall be installed on the bottom and back wall of the toe bench, together with a drain pipe and suitable discharge pipe to existing surface beyond and below the toe of the proposed fill.
F.
Overfilling of slopes is desirable to permit final shaping of the surface to the proposed grade without the addition of loose fill over the surface of the slope, provided that no fill shall be higher than six feet vertically before the slope is shaped to proper grade.
G.
At the end of each work day, the horizontal surface of the fill area shall be shaped, compacted and rolled to slope to the outside edge to provide for drainage.
(k)
Standards for Excavations. No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical, except under one or more of the following conditions:
(1)
The excavation is located so that a line having a slope of two horizontal to one vertical and passing through any portion of the cut face will be entirely inside the property lines of the property on which the excavation is made.
(2)
A written statement, from a registered professional engineer, licensed by the Commonwealth of Pennsylvania and experienced in soils engineering, certifying that he has inspected the site and that the material in which the excavation is to be made is sufficiently stable to sustain a slope steeper than two horizontal to one vertical and that said steeper slope will not endanger any property or result in property damage, is submitted to and approved by the Municipal Engineer.
(3)
In no event shall the slope be steeper than one horizontal to one vertical unless a retaining wall or other approved support, designed by and bearing the seal of a professional engineer and approved by the Municipal Engineer, is provided to support the face of the excavation.
(4)
The Municipal Engineer may require an excavation to be made with a cut face flatter in slope than two horizontal to one vertical, if he finds that the material in which the excavation is to be made is unusually subject to erosion, or if other conditions exist which, under applicable engineering practice, make such flatter cut slope necessary for stability and safety.
(5)
Excavations adjacent to any footing, foundation, or structure shall not extend below the angle of repose or natural slope of the soil under the nearest point of same unless such footing, foundation, or structure is first properly underpinned or protected against settlement.
(6)
Before commencing any excavation which will in any way affect an adjoining property or structures thereon, the person making or causing the excavation to be made shall notify in writing the owners of adjoining buildings not less than 30 days before such excavation is to be made. Adjoining properties and structures shall be protected as provided.
(l)
Ground Cover. All exposed areas shall be seeded and mulched with approved mixtures in accordance with approved erosion and sediment control plans.
(m)
Compaction. All fills shall be compacted to prevent settlement. When required, the fill shall be spread in eight-inch layers and compacted by a sheepsfoot roller. Fill should be placed at the optimum moisture content for the specified degree of compaction. The Municipal Engineer may require, at no cost to the Municipality, tests or other information, if in his opinion, the conditions or materials are such that additional information is necessary.
(n)
Drainage.
(1)
Adequate provisions shall be made to prevent any surface water from damaging the cut face of an excavation or the sloping surface of a fill.
(2)
The drainage pattern prior to construction shall be indicated on the plans and adequate measures shall be taken to eliminate any erosion and water runoff damage to adjacent properties during the construction and after completion of construction.
(3)
The necessary storm sewers, sediment ponds, catch basins, drainage ditches and swales to protect adjacent properties shall be constructed before the property to be graded is cleared and grubbed and before any excavation of filling is started. The storm sewers, catch basins, drainage ditches and swales must be maintained, cleaned and open during construction. If the above is not complied with, the Municipal Engineer, or the Director of Code Enforcement, or an authorized agent, shall stop clearing and grading on the site until the necessary drainage facilities are completed, or the permit will be revoked and the required bond will be forfeited.
(4)
Drainage ditches shall be constructed at the toe and top of the cut and ahead of fill slopes to divert the surface water to drainage facilities during and after construction.
(5)
New storm sewers and other facilities and utilities transversing a proposed fill area shall be buried a minimum of three feet from top of pipe to existing grade, or the fill shall be constructed in that area prior to excavating for the installation of said sewers and utilities. The minimum size storm sewer shall be 15 inches in diameter unless a variation of size is approved by the Municipal Engineer. The storm sewer shall be constructed and maintained so as not to cause ponding or water backup. Any ponding that does occur as a means of storm water retention shall be capable of draining into the storm sewers within 24 hours of the termination of a storm.
(6)
Slopes steeper than two horizontal to one vertical and of more than 15 feet in vertical height shall be separated by a level berm of at least four feet in width at intervals of no more than 15 feet vertically. On slopes of two horizontal to one vertical of less steep, the four-foot level berms will not be required unless deemed necessary by the Municipal Engineer.
(7)
Drainage ditches with a grade of 7% or greater, or a velocity of more than seven feet per second, shall be paved with concrete, bituminous mixture, brick, half pipe, rubble or other hard surface material.
(8)
Drainage ditches with a grade of less than 7% or a velocity of less than seven feet per second, shall be grassed and sloped in such a manner that they can be conveniently cut and maintained.
(9)
Drainage structures, storm sewers and appurtenances shall be of proper design and so constructed as to carry surface water and any subsurface water encountered to the nearest practical storm drain or natural water course approved by the Municipal Engineer as a safe place to deposit and receive such waters. Approval by the Municipal Engineer in no way relieves the owner of his legal responsibilities to adjacent property owners. Where proposed storm sewer pipes, ditches, etc., are to discharge into existing Pennsylvania Department of Transportation or Allegheny County storm water facilities, highway occupancy permits are to be obtained from the proper department, approving said discharge before grading operations can commence.
(o)
Maintenance. The owner of any property on which an excavation or fill has been made shall maintain in good condition and repair all slopes, retaining walls, cribbing, drainage structures, fences, ground cover, and other protective devices as established by permit. The continued use of said area shall be contingent upon the maintenance and upkeep, satisfactory to the Municipality and subject to such further conditions as the Municipality may prescribe from time to time.
(p)
Expiration of Permit. Every permit shall expire within a time period of six months unless otherwise specifically extended for just cause by the Chief Code Enforcement Officer or the Municipal Engineer. On small grading projects where a minimal amount of disturbance is important, the Municipality may further limit a time period.
(q)
Denial of Permit. Where, in the opinion of the Engineer or the Chief Code Enforcement officer, the proposed grading is likely to endanger any property, street, or structure, the permit may be denied.
(r)
Alternative Methods. Nothing shall prevent the Code Enforcement Officer or the Municipal Engineer from considering alternative methods, standards, or materials as may be proposed by the applicant. These alternatives must be considered to be equal to or better than expressed provisions of these Regulations and approved in writing by the Engineer or the Code Enforcement Officer.
§ 1250.10 Site Preparation; Erosion and Sedimentation.
[Ord. 2136, passed 2-1-1993]
The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:
(a)
Stripping of vegetation, regarding, or other development, shall be done in such a way that will minimize erosion.
(b)
Development plans shall preserve salient natural features, keep cut/fill operations to a minimum, and insure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
(c)
Whenever feasible, natural vegetation shall be retained, protected, and supplemented.
(d)
The disturbed area and the duration of soil exposure shall be kept to a practical minimum.
(e)
Disturbed soils shall be stabilized as quickly as practicable.
(f)
Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.
(g)
The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.
(h)
Provisions shall be made to effectively control runoff caused by changed soil and surface conditions before, during, and after construction. Where necessary, the rate of surface water runoff shall be structurally retarded.
§ 1250.11 Responsibility.
[Ord. 2136, passed 2-1-1993]
(a)
Whenever sedimentation is caused by stripping vegetation, regrading, or other development, it shall be the responsibility of the person, corporation, or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems, and watercourses, and to repair any damage at his expense immediately.
(b)
Maintenance of all roads, streets, parking areas, drainage facilities and watercourses within any land development is the responsibility of the developer until the development is formally accepted by the Municipality.
(c)
It is the responsibility of any person, corporation, or other entity performing any act on or across a communal stream, watercourse, or swale, or upon the flood plain or right-of-way thereof, to maintain as nearly as possible in its present state such stream, watercourse, swale, flood plain or right-of-way until the activity is completed.
(d)
Maintenance of drainage facilities or watercourses originating on, and completely on, private property, is the responsibility of the owner to the point of open discharge at the property line, or at a communal watercourse within the property.
(e)
No person, corporation, or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing in, or commit any act which will affect, normal or flood flow in any communal stream or watercourse, without having obtained prior approval from the Municipality or the State Department of Environmental Resources.
§ 1250.12 Stormwater Management.
[Ord. 2136, passed 2-1-1993]
(a)
General Purpose. These Regulations are adopted and implemented to achieve the following general purposes and objectives:
(1)
To manage and control stormwater runoff resulting from land alteration and disturbance activities in accordance with the watershed stormwater management plans adopted pursuant to the Pennsylvania Storm Water Management Act (Act 167 of 1978, as amended).
(2)
To utilize and preserve the desirable existing natural drainage systems and to preserve the flood-carrying capacity of streams.
(3)
To encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.
(4)
To provide for adequate maintenance of all permanent stormwater management structures in the Municipality.
(b)
Applicability. The provisions of this section shall apply to all subdivisions and/or land development within the Municipality.
(c)
Liability Disclaimer. Neither the granting of any approval under the stormwater management provisions of these Regulations, nor the compliance with the provisions of these Regulations, or with any condition imposed by a Municipal official hereunder, shall relieve any person from any responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Municipality for damage to persons or property.
The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guarantee or warranty of any kind by the Municipality, or by an official or employee thereof, of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result pursuant thereto.
(d)
Performance Districts. For the purpose of stormwater management, the Municipality of Penn Hills is divided into the following districts:
(1)
Thompson Run.
(2)
Thompson Run Tributary.
(3)
Duff's Run.
(4)
Chalfant Run.
(5)
Plum Creek.
(6)
Sandy Creek.
(7)
Shades Run/Nadine Road.
(8)
Nine Mile Run.
The location and boundaries of watersheds are identified on maps available in the Penn Hills Department of Planning and Economic Development. The boundaries and subareas of the Turtle Creek Watershed are identified in the "Turtle Creek Act 167 Stormwater Management Plan." |
(e)
General Standards. Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required:
(1)
To assure that the maximum rate of stormwater run-off is no greater after development than prior to development activities; or
(2)
To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury;
(3)
To consider all the stormwater runoff flowing over the site; or
(4)
To prevent the discharge of toxic or unlawful materials into the system.
(f)
Watershed Standards/Turtle Creek Watershed. The Municipality fully intends to implement the standards and criteria contained in the Turtle Creek Stormwater Management Plan, adopted and approved in accordance with the Pennsylvania Storm Water Management Act. These standards and criteria, together with subsequent amendments to the current plan, shall apply to all land within the Turtle Creek Watershed.
The Turtle Creek Act 167 Watershed Plan is hereby adopted by reference as if fully set forth herein. Information on standards, procedures for use, no harm evaluations, criteria for infiltration systems, storm water detention facilities, collection/conveyance facilities, and erosion control, is all applicable to land within the Turtle Creek Watershed.
(g)
Storm Frequencies/Turtle Creek Watershed. Stormwater management facilities on all development sites shall control the peak stormwater discharge for the two-, ten-, twenty-five-, and 100-year storm frequencies. The SCS twenty-four-hour, Type II Rainfall Distribution shall be used for analyzing stormwater runoff for both pre- and post-development conditions. The twenty-four-hour total rainfall for these storm frequencies in the watershed are:
Storm Frequency | Rainfall Depth (inches) |
|---|---|
2-year | 2.50 |
10-year | 3.61 |
25-year | 4.31 |
100-year | 5.71 |
(h)
Calculation Methods/Turtle Creek Watershed.
(1)
Development Sites. For the purpose of computing peak flow rates and runoff hydrographs from development sites, calculations shall be performed using one of the following: SCS publications, Technical Release (TR) 55 or 20, HECI, or Penn State Runoff Model.
(2)
Stormwater collection/conveyance facilities. For the purposes of designing storm sewers, open swales and other stormwater runoff collection and conveyance facilities, any of the above listed calculation methods or the Rational Method may be used. Rainfall intensities for design should be obtained from the Pennsylvania Department of Transportation rainfall charts.
(3)
Predevelopment Conditions. Predevelopment conditions shall be assumed to be those which exist on any site at the time of adoption of the Turtle Creek Stormwater Management Plan. Hydrologic conditions for all areas with previous cover (i.e., fields, woods, lawn areas, pastures, cropland, etc.) shall be assumed to be in "good" condition, and the lowest recommended SCS runoff curve number (CN) shall be applied for all pervious land uses within the respective range for each land use and hydrologic soil group.
(4)
Detention/retention facilities. The routing of hydrographs through detention/retention facilities for the purpose of design of those facilities shall be accomplished using the Modified-Puls Method or recognized reservoir routing method subject to the approval of the Municipality and County.
(i)
Watershed Standards/Other Watersheds. Development consistent with Subsections (f), (g) and (h) hereof will be considered to be acceptable for all watersheds. Watersheds other than the Turtle Creek Watershed, however, may utilize the Rational Method of design and shall provide for the retention of 2.5 inches of rainfall generated in a 100-year flood storm for a duration of one hour.
(j)
Plan Requirements. No final subdivision/land development plan shall be approved, no permit authorizing construction issued, or any earthmoving or land disturbance activity initiated until the final stormwater management plan for the development site is approved in accordance with the provisions of these Regulations.
(k)
Exemptions for Small Developments.
(1)
At the time of application, the Municipality shall determine if the subdivision/land development qualifies as a "small development" and, therefore, is eligible for a simplified stormwater plan submission. For the purposes of these Regulations, a small development is any subdivision or land development which results in (or will result when fully constructed) the creation of 5,000 or less square feet of impervious area in the Turtle Creek Watershed or 10,000 square feet in other watersheds.
(2)
Applications for small developments shall include a plan which describes the type and location of proposed on-site stormwater management techniques or the proposed connection to an existing storm sewer system. The plan should show accurately site boundaries, five-foot interval contours, locations of watershed and/or subarea boundaries on the site (if applicable) and any watercourses, floodplains, or existing drainage facilities or structures located on the site. Contingent upon the approval of the Municipal Engineer, alternative runoff computational techniques such as the Rational Method may be used where applicable. The Municipality reserves the right to require that the plan be prepared by a registered professional engineer, surveyor or landscape architect.
(3)
The Municipal Engineer shall review and approve the proposed provisions for stormwater management in accordance with the standards and requirements of these Regulations.
(l)
Contents of Plan. The plan shall be drawn to scale and provide watershed location, floodplain boundaries, natural features, contours, management controls, and other information deemed necessary to determine compliance with these Regulations and Pennsylvania Act 167, as amended. The plan shall be prepared by a professional with expertise in hydrology and hydraulics and include the necessary calculations.
(m)
Submissions/Plan Reviews. The plan shall be submitted in conjunction with a subdivision or land development application and:
(1)
The Municipality shall notify municipalities upstream and downstream of the development site which may be affected by the stormwater runoff and proposed controls for the site. Copies of the plans will be made available to such municipalities upon request. Comments received from any affected Municipality will be considered by the Municipal Engineer and County agencies in their reviews.
(2)
A copy of the stormwater plan, along with all run-off calculations, shall be forwarded to the Allegheny County Planning Department. A report of its findings will be returned to the Municipality within 30 days.
(3)
If the Planning Department review identifies that the plan fails to comply with the watershed standards and criteria or that a possibility exists for harmful downstream impacts from the development site, the applicant will be advised so that the necessary modifications can be made to the stormwater management controls for the development site. The Municipal Engineer shall not approve the development site's stormwater management plan until modifications are made and the plan receives a positive review from the County Planning Department.
(4)
The Municipal Engineer shall approve or disapprove the stormwater management plan based on the requirements of municipal ordinances, the standards and criteria of the watershed plan and good engineering practice. The Engineer shall submit a written report, along with supporting documentation, stating his reasons for approval or disapproval.
(5)
The approval or disapproval of the site's stormwater management plan by the Municipal Engineer shall be considered final. The Planning Commission shall not reverse the Engineer's determination by approving or disapproving the site's stormwater management plan or any specific control measure in contradiction to the Engineer's action. The Planning Commission may request modifications or alternative approaches to the stormwater management controls, provided these are agreed to by the Municipal Engineer and the applicant's engineer.
(n)
Other Stormwater Plan Considerations. The status of plans after approval, modifications to existing and approved plans, inspections, financial guarantees, dedication, maintenance and enforcement remedies must all be consistent with other provisions of these Regulations, the Pennsylvania Municipalities Planning Code, and PA Act 167.
§ 1250.13 Landscaping.
[Ord. 2136, passed 2-1-1993]
(a)
Purpose. Recognizing the fact that land development necessitates the destruction and removal of natural vegetation, specific landscaping requirements are hereafter specified and required for the purpose of soil conservation, insuring proper visual and audio separation of uses, and to promote individual privacy, and further, to enhance the public health and economic value of the Municipality of Penn Hills.
(b)
General Requirements.
(1)
Planting shall complement and accentuate the best features of the building(s) and site.
(2)
Planting shall provide essential shade, effective cooling, sound and light control by screening and traffic control on direction.
(3)
(4)
It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, or other reasons for discontinued growth.
(5)
All front and side yard areas shall be seeded.
(6)
All required deciduous trees shall be a minimum of two inches in caliper at a point one foot above the ground.
(7)
During the site plan review process, the Planning Department and/or the Planning Commission may impose additional landscaping to requirements not normally required under the following sections to provide for additional erosion control, buffer areas or additional screening.
(c)
Residential Areas.
(1)
In addition to general requirements, at least two deciduous trees for each single-family dwelling unit and one deciduous tree for each multifamily unit shall be required. In single-family districts, the trees required by this subsection must be planted in the front yard area.
(2)
All transitional yards shall require a belt of landscaping at least five feet in width of massed plantings, which planting shall consist of one deciduous tree for each 2,000 square feet of paved area, and one evergreen tree for each five-foot length of side yard and/or rear yard abutting a residential zone. Evergreen trees shall be a minimum of three feet in height at the time of planting.
(3)
Parking areas shall be divided every 15 stalls, or 135 feet, with planting strips of three feet minimum width unless alternative plans are approved by the Planning Commission.
(d)
Commercial and Industrial Zones.
(1)
In addition to general requirements, at least one deciduous tree for each 300 square feet of floor area shall be required.
(2)
All transitional yards shall require a belt of landscaping at least five feet in width of massed plantings, which planting shall consist of one deciduous tree for each 2,000 square feet of paved area, and one evergreen tree for each five foot length of side yard and/or rear yard abutting a residential zone. Evergreen trees shall be a minimum of three feet in height at the time of planting.
(3)
Parking areas shall be divided every 15 stalls, or 135 feet, with planting strips of three feet minimum width unless alternative plans are approved by the Planning Commission.
(4)
When abutting public rights-of-way, the exterior perimeters (property lines) of all parking areas shall be landscaped with a buffer strip of not less than three feet in width. These buffer strips shall include one tree for each 50 linear feet, or fraction thereof, of perimeter. Also, within these buffer strips, a hedge, decorative masonry wall, or other durable landscape barrier, shall be installed in such a manner as to screen the parking area from the public right-of-way. If such barrier is of non-living material, its height, design, and location must be approved, and for each 10 linear feet of said barrier and the right-of-way, said barrier shall be placed a minimum of three feet inside the property line. The remainder of the landscape strip shall be improved with grass, ground cover, shrubs, or other landscape treatment, excluding paving or sand.
(5)
Where parking areas abut property zoned for non-residential use, the requirements of Subsection (d)(3) hereof shall apply, except that the number of trees may be reduced to one tree for every 75 linear feet of parking area.
(6)
An area, or combination of areas, equal to 10% of the total paved area exclusive of perimeter landscape buffers required by Subsection (d)(4) and (5) hereof, shall be devoted to interior landscaping. Any perimeter landscaping provided in excess of that required by Subsection (d)(4) and (5) hereof may be counted as part of the interior landscaping requirement.
§ 1250.14 Lighting.
[Ord. 2136, passed 2-1-1993]
(a)
All sidewalks, pedestrian walkways, steps and grade changes shall be suitably lighted at all times. Details of proposed lighting fixtures and supports, and the location thereof, shall be submitted as part of the site plan application.
(b)
All parking areas shall be lighted with said lighting so arranged as to deflect the light away from all abutting properties. Floodlights projected from buildings shall not be approved unless design specifications are submitted demonstrating that glare will not present a traffic problem or a nuisance to adjacent properties.
(c)
All lighting fixtures are to be installed with underground wiring.
(d)
Electrical service to all new structures shall be underground, including telephone, television cable, or other types of wiring.
§ 1250.15 Environmental Report.
[Ord. 2136, passed 2-1-1993]
(a)
When Required. If one or more of the following circumstances exist, as part of the site plan application, the Department of Planning and Economic Development and/or the Planning Commission may determine that an Environmental Impact Statement will be required as part of the application:
(1)
Development in undermined areas with less than 100 feet of overburden, as designated by the U.S. Geological Survey.
(2)
Development or encroachment involving a natural stream or watercourse.
(3)
Development within a landslide-susceptible area, as designated by the U.S. Geological Survey.
(4)
Development disturbing slopes of 25% or greater, as designated by the U.S. Geological Survey.
(5)
Development involving the removal of 10,000 square feet or more of woodland, as designated by the U.S. Geological Survey, or development involving the removal of natural vegetation of five acres or more in area.
(6)
Residential development of 100 or more housing units, and commercial developments with 50,000 square feet, or more, of floor area.
(7)
Any industrial development.
(b)
Contents of Report. When required, the applicant shall submit a written report including the following:
(1)
A description of the project.
(2)
An assessment of the environmental impact of the proposed development with particular attention to those items as outlined in Subsection (a) hereof.
(3)
A list of all licenses, permits, and other approvals required by Municipal, County, or State law and the status of each. The approvals and permits should be required before final consideration of the site plan.
(4)
A list of steps proposed to minimize environmental damage to the site and region during construction and operation. The consideration of soil erosion, preservation of trees, protection of watercourses, protection of air resources, and noise control are some factors to be considered.
(5)
Evidence that the Environmental Impact Statement was prepared by a professional competent in the field of concern, i.e., a soils engineer for excavation or soils problems, a geologist or geotechnical consultant for undermining and landsliding problems, etc.
(c)
Waiver. The Planning Commission may waive the requirement for an Environmental Impact Statement upon recommendation from the Department of Planning and Economic Development if an applicant requests said waiver in writing, and further, provided said development meets all the standards of the Zoning Code, will be served by both public water and sewer systems, does not involve the relocation, improvement, or alteration of any streamway, and no portion of the site is located within a flood hazard or flood-prone area, as designated by the Federal Emergency Management Agency (FEMA) through the Flood Insurance Study and maps.
§ 1250.16 Recreation and Open Space.
[Ord. 2136, passed 2-1-1993]
For major residential subdivisions, certain open space and recreational amenities must be provided above and beyond the front/side/rear yard bulk and area requirements specified in the Zoning Code. All dedicated land must be usable for parks and recreation and accessible to those who utilize the development.
(a)
Required open space and recreation amenities for major residential subdivisions are discussed in Subsection (b) hereof. Land dedication is mandatory, except when agreement is reached between the Municipality and the developer to provide other options, which include:
(b)
Recreation and Open Space Development Schedule:
(1)
A plan and development schedule meeting the following requirements must be submitted with facilities suitable to serve the users of the planned structures: 10% of the gross site area shall be dedicated for recreational purposes.
(2)
Said facilities shall be located so as not to be detrimental to adjacent property owners by virtue of noise, light, glare, or any other objectionable features emanating therefrom.
(3)
In lieu of dedication of land for open space or recreational purposes, the developer may agree to pay a fee calculated as follows: 100% of market land value of land required to be dedicated.
 |
The Municipality shall, in the event of the collection of an in-lieu fee, use such funds in accordance with the provisions of the Pennsylvania Municipalities Planning Code, Act 170, 1988, Section 503.11-iii, vi, vii.
§ 1250.17 Other Items to Be Considered During Review.
[Ord. 2136, passed 2-1-1993]
When applicable, the site plan shall properly address the following items which will be considered during the review process:
§ 1250.18 Waiver of Requirements.
[Ord. 2136, passed 2-1-1993]
Provided the site plan application is in conformance with all other applicable Municipal ordinances, that the applicant has requested the waiver in writing, and that the Department of Planning and Economic Development has made a recommendation, the Planning Commission may waive, alter, or reduce any requirement or standard of these Regulations under the following circumstances:
§ 1250.19 Request for Additional Information.
[Ord. 2136, passed 2-1-1993]
Whenever it is determined by the Department of Planning and Economic Development and/or the Planning Commission that additional information is needed in order to make a proper decision related to the site plan application, the applicant will be informed of such and the information must be provided at the applicant's expense before the application will be considered complete.
§ 1250.20 Additional Requirements.
[Ord. 2136, passed 2-1-1993]
Whenever unusual circumstances arise not normally considered by requirements and standards, the Planning Commission may impose conditions upon application approvals that are consistent with the purpose and objectives of these Regulations.