Silverdale City Zoning Code
ARTICLE VI
Performance Standards
§ 340-33 Compliance required.
All uses, activities, subdivisions and/or land developments proposed within the Borough shall comply with the provisions of this article and all other provisions of this chapter, unless specifically exempted.
§ 340-34 Environmental performance standards.
Any use permitted under Article IV, Use Regulations, may be undertaken and maintained only if it conforms to all district regulations as well as the environmental protection standards of this section. Site alterations, regrading, filling, or clearing of vegetation by a landowner or developer which would violate the following standards shall be a violation of this chapter. The developer shall determine the presence of environmental or natural features on the site and shall meet the following standards for environmental protection:
A.
Floodplains.
[Amended 12-5-2014 by Ord. No. 312]
(1)
Floodplains are any areas of Silverdale Borough, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 16, 2015, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
(2)
For areas abutting streams and watercourses where the one-hundred-year floodplain (one-percent annual chance flood) has not been delineated by the Flood Insurance Study, the applicant shall submit a floodplain identification study. The study, prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies, shall be used to delineate the one-hundred-year floodplain. The floodplain study shall be subject to the review and approval of the Borough. All areas inundated by the one-hundred-year flood shall be included in the floodplain area.
B.
Floodplain soils. Such soils shall remain undisturbed, except for minor road crossings where design approval is obtained from the Borough and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available. Floodplain soils shall not be used where the one-hundred-year floodplain (with a floodway and flood fringe) has been delineated. See § 340-37, regarding floodplain performance standards.
C.
Steep slopes. In areas of step slopes, the following standards shall apply; areas of steep slopes less than 3,000 square feet in area shall be exempted from these protection standards:
D.
Woodlands. The following standards shall apply to woodlands:
(1)
Woodlands in environmentally sensitive areas. No more than 25% of woodlands located in environmentally sensitive areas shall be altered, regraded, cleared or built upon. Environmentally sensitive areas shall include-floodplains, floodplain soils, steep slopes, wetlands, wetland margins, and lake and pond shorelines.
E.
Lakes, ponds, wetlands, swales and streams. Such areas shall not be altered, regarded, developed, filled, piped, diverted or built upon, except that roads may cross streams, watercourses, and wetlands where design approval is obtained from the Borough, the Pennsylvania Department of Environmental Protection and the U.S. Army Corps of Engineers (for wetlands).
F.
Lake and pond shorelines. From the landside edge of a lake or pond extending outward for a distance of 100 feet shall constitute a lake or pond shoreline. No more than 30% of such an area shall be altered, regraded, filled or built upon, and no more than 10% of the area that may be disturbed shall be impervious surface.
G.
Wetland margins.
(1)
No more than 20% of such areas shall be altered, regraded, filled, or built upon. In addition, any Department of Environmental Protection regulations under Chapter 105 concerning activities in wetland margins shall be met.
(2)
For the purpose of this chapter, the wetland margin shall extend 100 feet from the wetland boundary or to the limit of the hydric soils, whichever is less. The limit of hydric soils shall be as mapped in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, July 1975, unless reclassified by a certified soil scientist.
H.
Stormwater. All uses, activities, subdivisions and/or land developments shall comply with the stormwater management provisions of Chapter 290, Subdivision and Land Development, as applicable, and any stormwater management ordinances of the Borough adopted pursuant to the Stormwater Management Act, Act of October 4, 1978, 32 P.S. § 680.1 et seq., as amended.
I.
Soil erosion and sedimentation. All developments shall protect streams, lakes and ponds against sedimentation damage and control erosion in accordance with the Clean Streams Law, PL 1987, Chapter 102;[2] except that, in addition, all developments shall submit a soil erosion and sedimentation plan as part of the preliminary development plan, even where there is less than 25 acres involved.
[2]
Editor's Note: See 35 P. S. § 691.1 et seq.
J.
Permanent removal of topsoil. The permanent removal of topsoil from any parcel of land shall be prohibited, except as follows:
(1)
During actual construction on premises, that portion of the topsoil present which covers an area to be occupied by permanent structures or permanently located materials of an impervious nature or ponds and lakes may be considered excess and may be removed by the owner.
(2)
During regrading operations conducted upon premises, whether or not carried on in conjunction with on-site construction, excess topsoil remaining after restoring proper topsoil cover to the areas of the parcel upon which regrading operations were conducted may be removed by the owner.
K.
Permanent removal of subsurface solids. The permanent removal of subsurface soils, whether soil, clay, or mineral in nature, for other than the on-site construction or grading purposes shall be prohibited, except in permitted extraction operations.
L.
Riparian buffer. No land disturbance shall be permitted within any riparian buffer, except as permitted below. The measurement of the riparian buffer shall extend a minimum of 75 feet from each defined edge of an identified watercourse or surface water body at bankfull flow or level or shall equal the extent of the one-hundred-year floodplain, whichever is greater. The buffer area will consist of two distinct protection zones.
(1)
Zone 1. This buffer area will begin at the edge of the identified waterway (which includes wetlands and intermittent watercourses) and occupy a margin of land with a minimum width of 25 feet measured horizontally on a line perpendicular to the edge of the water at bankfull flow. Open space uses that are primarily passive in nature may be permitted in Zone 1, including:
(a)
Open space uses such as wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas for public or private parkland, and reforestation.
(b)
Customary agricultural practices in accordance with a soil conservation plan approved by the Bucks County Conservation District and a nutrient management plan in accordance with state requirements, if applicable.
(c)
Regulated activities permitted by the commonwealth and Borough for stream or wetland crossing or other encroachment (i.e., farm vehicles and livestock, recreational trails, roads, sewer and water lines, and utility transmission lines), provided that any disturbance is offset by riparian corridor improvements as approved by the Borough.
(d)
Vegetation management in accordance with an approved landscape or open space management plan.
(e)
Runoff to be buffered or filtered by Zone 1 will be limited to sheet flow or subsurface flow only. Concentrated flows must be converted to sheet flow or subsurface flow prior to entering Zone 1.
(2)
Zone 2.
(a)
This buffer zone will begin at the outer edge of Zone 1 and occupy a minimum width of 50 feet in addition to Zone 1. However, where the width of the one-hundred-year floodplain extends greater than 75 feet from the waterway, Zone 1 shall remain a minimum of 25 feet and Zone 2 shall extend from the outer edge of Zone 1 to the outer edge of the one-hundred-year floodplain.
(b)
Uses permitted in this buffer area include open space uses that are primarily passive in nature, including.
[1]
Open space uses such as wildlife sanctuaries, nature preserves, forest preserves, passive areas for public or private parklands, recreational trails and reforestation.
[2]
Customary agricultural practices in accordance with a soil conservation plan approved by the Bucks County Conservation District.
[3]
Regulated activities permitted by the commonwealth and Borough for stream or wetland crossing or other encroachment (i.e., farm vehicles and livestock, recreational trails, roads, sewer or water lines, and utility transmission lines), provided that any disturbance is offset by riparian corridor improvements as approved by the Borough.
[4]
Recreational activities or uses not involving impervious surfaces, such as ballfields or golf courses.
[5]
Naturalized stormwater basins, provided that the entire basin is located a minimum of 50 feet from the defined edge of the identified watercourse and situated outside the one-hundred-year floodplain.
(3)
Prohibited uses. Any use or activity not authorized within Subsection L(1) or (2) above shall be prohibited within the riparian buffer. The following activities and facilities are specifically prohibited:
(a)
Clear-cutting of trees and other vegetation.
(b)
Selective cutting of trees and/or the clearing of other vegetation, except where such clearing is necessary to prepare land for a use permitted under Subsection L(1) or (2) above or where removal is necessary as a means to eliminate dead, diseased or hazardous trees. Removal is subject to revegetation by native plants that are most suited to the riparian corridor.
(c)
Storage of any hazardous or noxious materials.
(d)
Roads or driveways, except as permitted as corridor crossings by the Borough.
(e)
Parking lots.
(f)
Subsurface sewage disposal areas.
(4)
Revegetation of riparian area. In cases where a major subdivision or land development is proposed, replanting of the riparian corridor shall be required where there is little or no existing streamside vegetation. Native vegetation approved by the Borough must be used in replanting efforts. Three layers of vegetation are required when replanting the riparian corridor. These layers include herbaceous plants that serve as ground cover, understory shrubs, and trees that form an overhead canopy. The revegetation plan shall be prepared by a qualified professional, such as a landscape architect or engineer, and shall comply with the following minimum requirements, unless modified by the Borough Council upon recommendation of the Planning Commission:
(a)
Ground cover. Ground cover consisting of a native seed mix extending a minimum of 25 feet in width from the edge of the stream bank must be provided along the portion(s) of the stream corridor where little or no riparian vegetation exists. Appropriate ground cover includes native herbs and forbs, exclusive of noxious weeds as defined by the Pennsylvania Department of Agriculture. This twenty-five-foot-wide planted area shall be designated on the plan as a "no mow zone" and shall be left as natural cover, except in accordance with the maintenance instructions stated on the plan.
(b)
Trees and shrubs. These planting layers include trees that form an overhead canopy and understory shrubs. Overstory trees are deciduous or evergreen trees that include oak, hickory, maple, gum, beech, sycamore, hemlock, pine and fir. Evergreen and deciduous shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly, laurel and alders. These plants shall be planted in an informal manner clustered within Zone 1 of the riparian buffer as indicated in Subsection L(1) above. These plants shall be provided at a rate of at least one overstory tree and three shrubs for every 20 linear feet of waterway.
§ 340-35 Site capacity calculations.
Each site is unique; it has physical features which are rarely duplicated precisely on another site. Portions of some sites may not be usable due to the existence of sensitive natural features. A minimum amount of buildable land should be retained for recreation. The purpose of this section is to determine the appropriate intensity of use to which a specific tract may be put. Through these calculations, the net buildable site area, the maximum number of dwelling units, the maximum amount of impervious surface and the required open space are determined. For each tract, the applicant shall submit the following calculations:
A.
Base site area. Calculate the base site area. From the total site area, subtract future road rights-of-way, existing utility rights-of-way, land which is not contiguous or which is separated from the parcel by a road, stream, or land shown on a previous subdivision or land development plan as reserved for open space.
Total site area | = | _____ acres | |
- | _____ acres | ||
Base site area | = | _____ acres |
B.
Land with resource restrictions and resource-protection land. Calculate the land with resource restrictions and the resource-protection land. In the event that two or more resources overlap, only the resource with the highest open space ratio shall be used in the calculations.
Resource | 1. Open Space Ratio | 2. Acres of Land in Resources | 3. Resource Protection Land (acres x open space ratio) | |
|---|---|---|---|---|
Floodplains | 1.00 | |||
Floodplain soils | 1.00 | |||
Lakes and ponds | 1.00 | |||
Riparian buffer | 1.00 | |||
Watercourses | 1.00 | |||
Wetlands | 1.00 | |||
Wetland margin | 0.80 | |||
Lake and pond shore | 0.70 | |||
Steep slope 25% + | 0.85 | |||
Steep slope 15% + | 0.70 | |||
Woodland | 0.50 | |||
Land with resource restrictions | _____ acres | |||
Resource protection land (Total of Column 3) | _____ acres |
C.
Recreation land. Calculate land for recreation. While some of the open space may be resource-protection land, it is required that at least a portion of the public or common open space be usable for active recreation.
Base site area | _____ acres | ||
Subtract land with resource restrictions | - | _____ acres | |
Remainder | = | _____ acres | |
Multiply by 0.2 | x | _____ acres | |
Recreation land | = | _____ acres |
D.
Combine resource-protection land and recreation land.
Resource protection land | _____ acres | ||
Add recreation land | + | _____ acres | |
Resource protection and recreation land | = | _____ acres |
E.
Standard minimum open space. Calculate the standard minimum open space.
Base site area | _____ acres | ||
Multiply by open space ratio | x | _____ acres | |
Standard minimum open space | = | _____ acres |
F.
Required open space. Determine the required open space. The required open space is the resource-protection and recreation land or the standard minimum open space, whichever is greater.
_____ acres |
G.
Unusable land. Calculate the unusable land. If the resource-protection and recreation land is less than the standard minimum open space, there is no unusable land. If the resource-protection and recreation land is greater than the standard minimum open space, the unusable land is the difference.
Resource-protection and recreation land | _____ acres | ||
Subtract standard minimum open space | - | _____ acres | |
Unusable land | = | _____ acres | |
(Enter zero if calculation is less than zero) |
H.
Net buildable site area. Calculate the net buildable site area.
Base site area | _____ acres | ||
Subtract unusable land | - | _____ acres | |
Net buildable site area | = | _____ acres |
I.
Number of dwelling units. Calculate the maximum number of dwelling units.
For nonresidential uses, skip to the next step. | |||
Net buildable site area | _____ acres | ||
Multiply by maximum density | x | _____ acres | |
Number of dwelling units | = | _____ acres | |
(Do not round up) | |||
J.
Impervious surfaces. Calculate the maximum area of impervious surfaces.
Net buildable site area | _____ acres | ||
Multiply by maximum impervious surface ratio | x | _____ acres | |
Impervious surfaces | = | _____ acres |
K.
Buildable portion of the site. Calculate the buildable portion of the site.
Base site area | _____ acres | ||
Subtract required open space | — | _____ acres | |
Buildable portion of the site | = | _____ acres |
§ 340-36 Buffer yards.
Buffer yards are required between certain uses and along existing and proposed streets. The extent of buffering required shall be determined by the type of use proposed and the adjacent use or uses. The potential impact of the proposed use on adjoining properties is the basis for establishing buffer yard standards. Buffer yards shall be required in the following cases:
A.
Residential developments.
(1)
In all single-family detached subdivisions and single-family detached cluster developments, the following shall apply:
(a)
All reverse-frontage lots shall have a minimum buffer yard of 20 feet and shall contain the plant material required for a Class A buffer.
(b)
A buffer yard of 20 feet, exclusive of required yards, shall be required along all property lines adjacent to a nonresidential use or the RC District. The buffer yard shall be improved in accordance with the standards for a Class B buffer.
(2)
In all performance standard subdivisions, the following standards shall apply:
(a)
All reverse-frontage lots shall have a minimum buffer yard of 10 feet, excluding all required yard areas, and shall contain the plant material for a Class A buffer,
(b)
A buffer yard of 20 feet, exclusive of minimum yard areas, shall be required along all boundary lines of performance standard subdivisions adjacent to existing residential uses or residential zoning districts. The plant material for a Class A buffer shall be used.
(c)
A buffer yard of 25 feet, exclusive of yard areas, shall be required along all boundary lines adjacent to nonresidential uses or the RC and I/I Districts. The plant material for a Class B buffer shall be used.
(3)
For all nonresidential uses or developments, the following standards shall apply:
(a)
All nonresidential uses or developments shall provide a thirty-foot buffer yard, including minimum yard areas, along all boundaries adjacent to a residential use or district. The plant material for a Class B(1) buffer yard shall be used.
B.
Buffer yard options. Buffer yards shall comply with the following standards:
Class | Option | ||
|---|---|---|---|
A | (1) | 1 canopy tree per 40 feet on the boundary of the buffer, plus 1 ornamental tree per 60 feet, arranged within the buffer | |
(2) | 1 canopy tree per 40 feet, arranged within the buffer, plus a hedge on the boundary of the buffer (planted on 3-foot centers) | ||
(3) | 1 canopy tree per 40 feet, plus 1 evergreen tree per 30 feet, arranged within the buffer yard | ||
B | (1) | 1 evergreen tree per 20 feet, arranged within the buffer, plus a hedge on the boundary of the buffer (planted on 3-foot centers) | |
(2) | 1 evergreen tree per 25 feet, arranged within the buffer, plus a berm averaging 4 feet high on the boundary of the buffer | ||
(3) | 1 evergreen tree per 25 feet, arranged within the buffer, plus one Shrub A per 8 feet on the boundary of the buffer | ||
(4) | 1 evergreen tree per 20 feet, arranged within the buffer, plus 1 shrub from Category B per 4 feet on the boundary of the buffer | ||
C | (1) | 1 hedgerow on the lot line, planted on 3-foot centers | |
(2) | A 6-foot-high cedar or spruce fence on the lot line | ||
C.
Plant materials.
(1)
Each planting option may use any of the plant materials outlined in this section. Minimum plant size, given either in height or in caliper, is indicated below. The Borough may permit other plant types if they are hardy to the area, are not subject to blight or disease and are of the same general character and growth habit as those listed below. All plant material shall meet the standards of the American Association of Nurserymen. The applicant shall not be required to provide a buffer if existing plants or topography or man-made features are deemed acceptable for buffering purposes by the Borough.
(2)
It is encouraged that plant materials in buffer yards be planted in natural clusters that will give privacy but do not block views or vistas. The exception shall be nonresidential uses bordering residential uses.
(3)
The plant materials list shall be as follows:
Type | Size (inches caliper) | ||
|---|---|---|---|
Canopy trees | Acer ginnala — Amur maple | 1 1/2 | |
Acer plantanoides — Norway maple | 1 1/2 | ||
Acer rubrum — Red maple | 1 1/2 | ||
Acer saccharum — Sugar maple | 1 1/2 | ||
Fagus grandifolia — American beech | 1 1/2 | ||
Fagus sylvatica — European beech | 1 1/2 | ||
Gleditsia triacanthos inermis — Locust | 1 1/2 | ||
Liqudamber styraciflua “Rotundilba” — Sweetgum | 1 1/2 | ||
Liriodendron tulipifera — Tulip tree | 1 1/2 | ||
Phellondendron amurense — Amur corktree | 1 1/2 | ||
Plantanus acerifolia — London plane tree | 1 1/2 | ||
Quercus alba — White oak | 1 1/2 | ||
Quercus borealis — Red oak | 1 1/2 | ||
Quercus coccinea — Scarlet oak | 1 1/2 | ||
Quercus palustris — Pin oak | 1 1/2 | ||
Quercus phellos — Willow oak | 1 1/2 | ||
Robina psuedoacacia inermis — Locust | 1 1/2 | ||
Sophora japonica — Japanese pagodatree | 1 1/2 | ||
Tilia-linden — All species hardy to the area | 1 1/2 | ||
Zelkova serrata — Japanese zelkova | 1 1/2 | ||
Ornamental | Amelanchier canadensis — Shadblow | 5 to 6 feet | |
Betula alba — European white birch | 1 1/2 | ||
Betula papyrifera — Paper birch | 1 1/2 | ||
Cornus florida — Flowering dogwood | 5 to 6 feet | ||
Cornus mas — Cornelian cherry | 5 to 6 feet | ||
Crataegus phaenopyrum — Washington hawthorn | 5 to 6 feet | ||
Koelreuteria paniculata — Goldenrain tree | 8 to 10 feet | ||
Laburnum vossi — Golden chain | 1 1/2 | ||
Magnolia soulangeana — Saucer magnolia | 5 to 6 feet | ||
Magnolia virginiana — Sweet bay | 5 to 6 feet | ||
Malus baccata — Siberian crab | 1 1/2 | ||
Malus floribunda — Japanese flowering crab | 1 1/2 | ||
Malus hopa — Hopa red-flowering crab | 1 1/2 | ||
Oxydendrum arboreum — Sourwood | 5 to 6 feet | ||
Pyrus calleryana Bradford — Callery pear | 1 1/2 | ||
Prunus kwanzan — Kwanzan cherry | 1 1/2 | ||
Prunus yedoensis — Yoshino cherry | 1 1/2 | ||
Evergreen 4 to 5 feet | Ilex opaca — American holly | ||
Picea abies — Norway spruce | |||
Picea omorika — Siberian spruce | |||
Picea pungens — Colorado spruce | |||
Pinus nigra — Austrian pine | |||
Pinus strobes — White pine | |||
Pseudotsuga menziesii — Douglas fir | |||
Tsuga canadensis — Canada hemlock | |||
Hedge | Crataegus intricate — Thicket hawthorn | 3 to 4 feet | |
Forsythia intermedia — Border forsythia | 4 to 5 feet | ||
Rhamnus frazula columnaris — Tallhedge buckthorn | 3 to 4 feet | ||
Syringa chinensis — Chinese lilac | 3 to 4 feet | ||
Syringa vulgaris — Common lilac | 4 to 5 feet | ||
Viburnum alatus — Viburnum | 4 to 5 feet | ||
Hedgerow | Buxus — Boxwood | 4 to 5 feet | |
Pyracantha laland — Laland fire thorn | 5 to 6 feet | ||
Juniperus verginiawa — Upright juniper | 4 to 5 feet | ||
Cotoneaster divaricata — Spreading cotoneaster | 3 to 3 1/2 feet | ||
Rhamnus frangula-columnaris — Tall hedge buckthorn | 5 to 6 feet | ||
Shrubs A | Junierus virginiana — Upright juniper | 4 to 5 feet | |
Pyracantha laland — Laland fire thorn | 5 to 6 feet | ||
Taxus capitata — Upright yew | 2 to 3 feet | ||
Taxus hicksi — Hicks yew | 2 to 3 feet | ||
Thuja occidentalis — American arborvitae | 4 to 5 feet | ||
Shrubs B | Euonymus alatus — Winged euonymus | 3 to 4 feet | |
Hamamelis vernalis — Vernal witch hazel | 4 to 5 feet | ||
Hamamelis virginiana — Common witch hazel | 4 to 5 feet | ||
Ilex verticillata — Winterberry | 4 to 5 feet | ||
Rharmnus frangula — Glossy buckthorn | 4 to 5 feet | ||
Viburnum dentatum — Arrowood virburnum | 4 to 5 feet |
§ 340-37 through § 340-49. (Reserved) [1]
[1]
Editor’s Note: Former §§ 340-37, Specific floodplain definitions; 340-38, Description of floodplain areas; 340-39, Development in the floodplain; 340-40, Changes in floodplain area delineations; 340-41, Disputes in floodplain areas; 340-42, Special floodway and stream setback requirements; 340-43, Elevation and floodproofing requirements; 340-44, Design and construction standards in floodplain areas; 340-45, Development which may endanger human life in floodplain areas; 340-46, Special requirements for manufactured homes in floodplain areas; 340-47, Prohibited uses in floodplain areas; 340-48, Existing structures in identified floodplain areas; and 340-49, Variance procedures and requirements for floodplain district, were repealed 12-5-2014 by Ord. No. 312. See now Ch. 174, Floodplain Management.
§ 340-50 Noise.
A. AMBIENT SOUND CONTINUOUS SOUND IMPULSIVE SOUND LAND USE NOISE DISTURBANCE NORMAL RESIDENTIAL ACTIVITIES SOUND SOURCE
Terminology. All technical terminology not defined below shall be defined by the applicable publications of the American National Standards Institute [Acoustical Terminology, ANSI S1.1-1960 (R1976)], with their latest approved revisions.
The all-encompassing noise associated with a given environment, being a composite of sound from many sources near and far, excluding the sound source.
Any sound which is steady-state, fluctuating, or intermittent with a recurrence greater than one time in any one-hour interval.
Sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any one-hour interval.
The actual use of land and buildings, regardless of the zoning or other classification attributed to such land and buildings.
A noise, that is created or allowed to continue by any person, persons, firm, partnership or corporation, which is offensive and disruptive to persons on an adjacent property.
Any sound which is generated as a result of an owner or occupier of a residence exercising his normal and usual right to enjoy, maintain, repair, or improve said residence or the real property upon which the residence is located.
The noise source which is being evaluated to determine its conformance with permissible sound levels.
B.
Standards. For the purposes of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the standards as published by the American National Standards Institute (ANSI, Standard Specification for Sound Level Meters, S14-1983, and ANSI S1.13-1971, Standard Methods for the Measurement of Sound Pressure Levels), with their latest revisions, or may be done manually as follows:
(1)
Observe the ambient sound on a sound-level meter for five seconds and record the best estimate of central tendency of the indicator needle and the highest and lowest indications.
(2)
Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of a fifteen-minute period, and there shall be at least as many observations as there are decibels between the lowest low indication and the highest high indication.
(3)
Calculate the arithmetical average of the observed central tendency indications. This value is the ambient sound level.
(4)
Observe a sound-level meter for five seconds with the sound source operating and record the best estimate of central tendency of the indicator needle and the highest and lowest indications.
(5)
If the difference between the ambient sound and the sound source is 10 dBA or greater, the measured sound level is an accurate measurement of the sound source. This value should be compared to the permitted sound levels in Table 1.
(6)
Due to the logarithmic nature of sound, if the difference between the ambient sound level and the total sound level is less than 10 dBA, a correction factor shall be applied. The correction factors are noted in the table below:
Total Sound Level Minus Ambient Sound Level | Correction Factor to be Subtracted from Total Sound Level | |
|---|---|---|
10 | 0 | |
9 | 1 | |
8 | 1 | |
7 | 1 | |
6 | 1 | |
5 | 2 | |
4 | 2 | |
3 | 3 | |
2 | 4 | |
1 | 7 |
(7)
The total sound level less the correction factor is compared to the permitted sound levels in Table 1.
C.
Sound levels by receiving land use.
(1)
No person shall operate or cause to be operated within the Borough any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use when measured at or beyond the property boundary of the receiving land use, during the times specified in Table 1.
Table 1 Continuous Sound Levels by Receiving Land Use | |||||
|---|---|---|---|---|---|
Receiving Land Use Category | Time | Sound Level Limit (dBA) | |||
Residential, public space, open space, agricultural, or institutional | 7:00 a.m. to 10:00 p.m. | 55 | |||
10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 50 | ||||
Office, commercial or business | 7:00 a.m. to 10:00 p.m. | 65 | |||
10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 60 | ||||
Industrial | At all times | 70 | |||
(2)
For any source of sound which emits an impulsive sound, the excursions of sound-pressure level shall not exceed 20 dBA over the maximum sound-level limits set forth in Table 1 above, provided that in no case shall they exceed 80 dBA, regardless of time of day or night or receiving land use, using the "fast" meter characteristic of a Type II meter meeting the American National Standards Institute Specifications, S1.4-1983.
D.
Specific prohibitions. The following acts and the causes thereof are declared to be in violation of this chapter:
(1)
Operating, playing, or permitting the operation or playing of any radio, television, phonograph, sound amplifier, musical instrument, or other such device between the hours of 10:00 p.m. and 10:00 a.m. in such a manner as to create a noise disturbance across a real property line.
(2)
Owning, possessing, or harboring any animal which frequently or for any continued duration howls, barks, or makes any other sound so as to create a noise disturbance across any real property boundary.
(3)
Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 7:00 p.m. and 7:00 a.m. or at any time on Sundays and holidays if such operation creates a noise disturbance across a real property boundary line. This section does not apply to domestic power tools or to vehicles which are duly licensed, registered, and inspected for operation on public highways.
(4)
Repairing, rebuilding, modifying, testing or operating a motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause a noise disturbance across a real property boundary.
(5)
Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snow blower or similar device (used outdoors) between the hours of 9:00 p.m. and 7:00 a.m. so as to cause a noise disturbance across a real property boundary.
E.
Exceptions. The maximum permissible sound levels by receiving land use established in this section shall not apply to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2)
Work to provide electricity, water, or other public utilities when public health or safety is involved.
(3)
Agriculture.
(4)
Motor vehicle operations on public streets (covered in Pennsylvania Department of Transportation Regulations, Title 67, Chapter 450, governing established sound levels, effective August 27, 1977).
(5)
Public celebrations specifically authorized by the Borough.
§ 340-51 Smoke, ash, dust, fumes, vapors and gases.
A.
There shall be no emission of smoke, ash, dust, dirt, fumes, vapors, or gases which violate the Pennsylvania Air Pollution Control Law[1] or other regulations of the Pennsylvania Department of Environmental Protection or the U.S. Environmental Protection Agency.
[1]
Editor's Note: See 35 P. S. § 4001 et seq.
B.
The emission of smoke, ash, dust, dirt, 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.
§ 340-52 Heat.
No use shall produce heat perceptible beyond its lot line.
§ 340-53 Odor.
A.
No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines.
§ 340-54 Glare.
No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines. In general, lighting fixtures that shield the reflector or lens or any high-brightness surface form viewing angles above 60° from horizontal shall be utilized so as to prevent light spillover beyond lot lines.
§ 340-55 Vibration.
No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines, with the exception of vibration produced as a result of temporary construction activity, and then only to within safe limits to avoid damage to neighboring properties and structures.
§ 340-56 Storage and waste disposal.
A.
No storage of flammable or combustible liquids in excess of 30 gallons shall be permitted, unless written approval has been obtained from the Director of the Pennsylvania State Police, Fire Marshal Division, and such other appropriate official under state or local laws, regulations, or ordinances. This requirement shall not apply to domestic fuel-oil heating systems.
B.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the site by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse. Disposal of sewage, septage or sludge must meet the requirements of the Pennsylvania Department of Environmental Protection.
C.
All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
§ 340-57 Radioactivity and electrical disturbance.
A.
Any use which emits dangerous or harmful radioactivity shall be prohibited. If any use is proposed which incorporates the use of radioactive material, equipment, or supplies, such use shall be in strict conformity with Title 25 of the Pennsylvania Department of Environmental Protection's Rules and Regulations.
B.
No use shall produce an electrical disturbance which adversely affects the operation of any equipment beyond its property line. This requirement shall not apply to electronic and electrical equipment which meet the applicable standards of the Federal Communications Commission (FCC), Underwriters' Laboratories (UL), and the Electronics Industries Association (EIA).
§ 340-58 Open space general requirements.
A.
The plans for any development that is required to provide open space shall contain or be supplemented by such material as required to establish the method by which the open space shall be perpetuated, maintained and administered. The approval of the final plan shall be construed as a contract between the landowner(s) and the Borough and shall be noted on all applicable deeds.
B.
Open space shall not include land occupied by nonrecreational buildings or structures, roads or road rights-of-way, parking areas for nonrecreational uses or land reserved for future parking areas for nonrecreational uses, stormwater management facilities, or the yards or lots of dwelling units.
C.
A portion of the required open space must be set aside as recreation land in accordance with § 340-35 of this chapter. Recreation land shall not include natural features with 100% protection standard or any portion of those natural features that may not be developed as specified in § 340-34. Recreation land may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio for the tract.
§ 340-59 Open space designation.
All land reserved as open space shall be so designated on the subdivision and land development plans. Such plans shall contain the following information:
A.
A statement that the open space land shall not be separately sold or further subdivided, except for transfer to the Borough or a conservation organization approved by the Borough, and a statement that the open space land shall not be further developed, except for recreational facilities.
B.
The use of the open space shall be designated on the plans. In designating the use, one or more of the following classes shall be used:
(1)
Lawn: a grass area, with or without trees, which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and orderly appearance.
(2)
Natural area: an area of natural vegetation, undisturbed during construction or replanted. Such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested and shall be mowed at least two times a year (typically spring and fall). Maintenance may be minimal but shall prevent the proliferation of weeds and invasive plants such as honeysuckle and poison ivy. Litter, dead trees and brush shall be removed, and streams shall be kept in free-flowing condition.
(3)
Recreation area: an area designated for a specific recreational use in accordance with § 340-19, including but not limited to tennis courts, basketball courts, swimming pools, playfields and tot lots. Such areas shall be maintained so as to avoid creating a hazard or nuisance and shall perpetuate the proposed use.
C.
The type of facilities to be provided and the extent of proposed improvements shall be noted on the plans, including a planting plan and plant schedule.
§ 340-60 Design standards for open space.
All open space areas shall meet the following standards:
A.
Layout of open space. The open space shall be laid out in accordance with the best principles of site design and the Borough's Open Space Plan. It is intended that the open space shall be as close to all residences as possible, with greenways leading to major recreation spaces. Open space areas shall be aggregated as much as possible. Major recreation areas shall be located to serve all residents. The open space is most needed in areas of highest density.
B.
A method of physically delineating private lots from common open space areas shall be provided. Such methods may include shrubbery, trees, markers or other methods acceptable to the Borough.
C.
Recreation land. Section 340-35 of this chapter requires that a portion of the open space be usable for active recreation. The following standards shall apply to the design of the recreation land:
(1)
Areas set aside for active recreation purposes shall be of adequate size and configuration to accommodate the intended use.
(2)
The recreation land shall not include narrow or irregular pieces of land which are remnants from creating lots or the layout of streets and parking areas.
(3)
The applicant shall be required to improve the recreation land so that it is usable for the intended activity, including necessary facilities and equipment. The proposed improvements, including facilities and equipment, shall be acceptable to the Borough.
(4)
The slope of recreation land to be used for active play areas shall not exceed 2%. Compliance with this slope requirement may be achieved through regrading, in keeping with applicable natural resource protection standards.
(5)
At least one side of the recreation land shall abut a street for a minimum distance of 50 feet.
(6)
Recreation land shall not be traversed by utility easements, unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.
D.
Open space shall be freely accessible to all residents of the development.
§ 340-61 Open space performance bond.
Designated planting and recreational facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with the provisions of Chapter 290, Subdivision and Land Development.
§ 340-62 Ownership of open space.
Any of the following methods may be used to preserve, own, or maintain open space: condominium, homeowners' association, dedication in fee simple, dedication of easements, or transfer to a private conservation organization. The following specific requirements are associated with each of the various methods.
A.
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980, as amended.[1] All open space land shall be held as "common element." Such land shall not be eligible for sale to another party, except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
B.
Homeowners' association. The open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in Article VII of the Pennsylvania Municipalities Planning Code.
C.
Fee-simple dedication. The Borough may but shall not be required to accept any portion or portions of the open space, provided that the following conditions are met:
(1)
Such land shall be freely accessible to the public.
(2)
There shall be no cost to the Borough involved.
(3)
The Borough agrees to and has access to maintain such lands.
(4)
The open space shall be in an acceptable condition to the Borough at the time of transfer with regard to size, shape, location and improvement.
D.
Dedication of easements. The Borough or county may accept but shall not be required to accept easements to any portion or portions of the open space. In such cases, the land remains in the ownership of the individual, condominium, or homeowners' association while the easements are held in public ownership. The county shall accept the easements only in accordance with the provisions of Act 442 and county plans. The Borough may require this method where it seems this is the most-appropriate way of preserving land in open space.
E.
Transfer to a private conservation organization. With the permission of the Borough, an owner may transfer either the fee-simple title, with appropriate deed restrictions running in favor of the Borough, or easements to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that the following conditions are met:
(1)
The organization is acceptable to the Borough and is a bona fide conservation organization with perpetual existence.
(2)
The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
(3)
The developer and the organization enter into a maintenance agreement acceptable to the Borough.
F.
Deed restrictions.
(1)
Buffer yards as required by this chapter may be held in the ownership of the individual property owners or residential development. This form of ownership of open space will be subject to the following requirements:
(a)
This form of ownership will be limited to buffer yards.
(b)
It may be used only if approved by the Borough.
(c)
Restrictions meeting Borough specifications must be placed in the deed for each property that has buffer yards within its boundaries. The restrictions shall provide for the continuance of the buffer yard in accordance with the provisions of this chapter.
(d)
It will be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.
(e)
For nonresidential uses, buffer yards and areas of natural resource features may be held with the ownership of the entire parcel, provided that the buffer yard and natural features are deed-restricted to ensure their protection and continuance.
(f)
In the case of resident developments where all of the units are rental, the open space land may be in the same ownership as that of the development, provided that the land is deed-restricted to ensure its protection and continuance and that a maintenance agreement suitable to the Municipality is provided.
(2)
For any of the above options, the Municipality may accept, but is not required to accept, an easement to the open space land in the development.
§ 340-63 Costs to maintain open space.
Unless otherwise agreed to by the Borough or county, the cost and responsibility of maintaining open space shall be borne by the property owner, condominium association, or homeowners' association. If the open space is not properly maintained, the Borough may assume responsibility of maintenance and charge the property owner, condominium association, or homeowners' association a fee which covers maintenance costs, administrative costs, and penalties as stipulated in this chapter.