Walnutport City Zoning Code
ARTICLE VI
Environmental Protection
§ 450-36 Erosion control.
The landowner, person and/or entity performing any earth disturbance shall utilize sufficient measures to prevent soil erosion and sedimentation of creeks.
A.
The disturbed land area and the duration of exposure shall be kept to a practical minimum.
B.
Except for agricultural activities, any earth disturbance over 5,000 square feet of land area shall require the submission of an adequate erosion and sedimentation control plan to the County Conservation District.
C.
See state erosion control regulations (Note: as of 2006, in 25 Pa. Code Chapter 102).
§ 450-37 Nuisances and hazards to public safety.
A.
No landowner, tenant nor lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:
(1)
Transmission of communicable disease, including conditions that may encourage the breeding of insects or rodents.
(2)
A physical hazard to the public, or a physical hazard that could be an attractive nuisance that would be accessible by children.
(3)
Pollution to groundwaters or surface waters, other than as authorized by a state or federal permit.
(4)
Risks to public health and safety, such as but not limited to explosion, fire or biological hazards.
(5)
Interference with the reasonable use and enjoyment of property by a neighboring landowner of ordinary sensitivities.
B.
Additional information. If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards of this article, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards.
§ 450-38 Wetlands.
The Zoning Officer may require an applicant to prove that a suspect area proposed for alteration does or does not meet the state or federal definition of a "wetland."
§ 450-39 Flood-prone areas/floodplains.
§ 450-40 Noise.
A.
No principal or accessory use, or operations or activities on its lot, shall generate a sound level exceeding the limits established in the table below, when measured at the specified locations:
Sound Level Limits by Receiving Land Use/District | |||||
|---|---|---|---|---|---|
Land Use or Zoning District Receiving the Noise | Hours/Days | Maximum Sound Level | |||
At a lot line of a residential use in a residential district | 1) | 7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Year's Day, Labor Day and Memorial Day | 1) | 60 dBA | |
2) | 9:00 p.m. to 7:00 a.m., plus all day Sundays, Christmas Day, Thanksgiving Day, New Year's Day, Easter Sunday, Labor Day and Memorial Day | 2) | 52 dBA | ||
At any other lot line | All times and days | 70 dBA | |||
NOTE: dBA means "A" weighted decibel. |
B.
The maximum permissible sound level limits set forth in the above table shall not apply to any of the following noise sources:
(1)
Sound needed to alert people about an emergency.
(2)
Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7:00 a.m. and 8:00 p.m., except for clearly emergency repairs which are not restricted by time.
(3)
Household power tools and lawnmowers between the hours of 8:00 a.m. and 9:00 p.m.
(4)
Animals, livestock and agricultural activities, but not exempting a kennel.
(5)
Public celebrations specifically authorized by the Borough Council or a county, state or federal government agency or body.
(6)
Unamplified human voices.
(7)
Vehicles operating on a public street, railroads and aircraft.
§ 450-41 Odors and dust.
No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot.
§ 450-42 Control of light and glare.
This section shall only regulate exterior lighting that spills across lot lines or onto public streets.
A.
Purposes. To control outdoor lighting for safety, security, nighttime privacy and nighttime enjoyment of residential property. To minimize excessive outdoor lighting and control glare that can pose a danger to motorists. To make sure lighting is properly shielded and directed.
B.
Streetlighting exempted. This section shall not apply to streetlighting that is owned, financed or maintained by the Borough or the state, to temporary emergency lighting, or to an individual porch light of a dwelling.
C. DIRECTLY VISIBLE FOOTCANDLE FULL CUTOFF LIGHT FIXTURE FULLY SHIELDED LIGHT FIXTURE
Definitions. For the purposes of this section, the following definitions shall apply:
Allowing a direct line of sight to the light source or lamp.
The amount of light striking a vertical or horizontal plane, measured in lumens per square foot. One footcandle equals one lumen per square foot.
A light fixture for which no light output is emitted above 90° horizontal at any lateral angle around the fixture.
A light fixture with all light emitted from the fixture being projected below the horizontal.
D.
Height of lights. No luminaire, spotlight or other light source that is within 150 feet of a lot line of an existing primarily residential use lot shall be placed at a height exceeding 25 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building, nor lighting of outdoor public recreation facilities.
E.
Diffused. All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots.
F.
Shielding. All light sources, including signs, shall be installed and maintained so that they are shielded around the light source and carefully directed, aimed and placed to prevent the lighting from creating a nuisance to persons in adjacent dwellings, and to prevent the lighting from shining into the eyes of passing motorists.
G.
Flickering. Flashing, flickering or strobe lighting are prohibited, except for temporary nonadvertising seasonal lights between October 25 and January 10.
H.
Spillover. Exterior lighting on a lot shall not cause a spillover of light onto a residential lot after 10:00 p.m. that exceeds 0.1 horizontal footcandle at a residential lot line. Exterior lighting on a lot shall not cause a spillover of light onto a street that exceeds five footcandles.
I.
Gasoline sales canopies. Any canopy over gasoline pumps shall have a maximum distance between the ground level and the underside of the canopy of 20 feet. If the ground level is sloped, or the canopy is sloped to deflect noise and soot away from neighboring properties, then a portion of the canopy may have a greater height, provided that the maximum height is 20 feet at the portion of the canopy that is closest an adjacent street. All light fixtures under the canopy shall be recessed into the canopy or screened by an extension around the bottom of the canopy so that lighting elements are not visible from another lot or street.
J.
Hours of sign lighting. If an internally lit sign is within a residential district or across the street from a residential district, the lighting shall be turned off between the hours of 10:00 p.m. and 5:00 a.m. if the use is not open to the public during those hours. If such use is open to the public between 10:00 p.m. and 5:00 a.m., the lighting of the sign shall be turned off a maximum of 30 minutes after the use closes to the public.
§ 450-43 Steep slopes.
A.
Purposes. The following provisions are primarily intended to avoid erosion, sedimentation, stormwater management problems and winter driving hazards, in addition to serving the overall purposes of this chapter. This section shall not regulate slopes that were clearly man-made prior to the adoption of this chapter.
B.
Conditional use. Development in areas shown on the Zoning Map as steep slopes (25% and over) may be allowed as a conditional use in accordance with the conditional use process in § 450-21, the provisions of this section, and other required provisions of this chapter.
C.
Regrading. Non-man-made slopes of over 25% shall not be regraded after the adoption of this chapter in such a manner that circumvents the requirements of this chapter.
D.
Access. Each lot shall be accessible from an existing or proposed street by means of a driveway with a maximum grade of 15%.
E.
Site plan and natural features. If an applicant proposes to alter or build upon slopes of 25% or greater, then a site plan shall be submitted to the Zoning Officer. A separate site plan is not required if the same information was included in an approved subdivision or land development plan.
(1)
Site plan. In addition to the site plan items listed in § 450-6C(2) and (3) the site plan shall show:
(a)
The existing and proposed contours;
(b)
Existing natural features including wooded areas, watercourses, water bodies, rock outcroppings; and
(c)
Existing and proposed building locations, and the outer perimeter of the proposed "building area," defined as all proposed buildings and parking areas and outdoor storage areas and an area 20 feet around buildings, parking and storage areas.
(2)
Mature trees and other natural features. Where building or alteration is proposed on slopes of over 25%, the applicant shall prove to the satisfaction of Borough Council that the removal of healthy trees with a trunk width of over six inches (measured at a height 4.5 feet above the ground level) and other attractive natural vegetation will be minimized. The site plan shall show wooded areas to be removed or preserved, and methods to be used to make sure trees are protected by temporary fences or other measures during the construction process. In addition to trees, proposed uses shall be designed to preserve natural watercourses, water bodies and rock outcroppings.
(3)
Stormwater management and erosion control. Adequate and acceptable stormwater management and erosion controls shall be provided.