ARTICLE VI Environmental Performance Standards

Transcription

1 ARTICLE VI Environmental Performance Standards Compliance. All uses and activities shall comply with the following standards Natural Resource Mapping. All applications for subdivisions, land developments, site plans, and zoning permits shall include maps delineating the natural and historic resources as defined within this article Site Capacity Calculations. A. The purpose and intent of this subsection is to encourage the conservation of the valuable and environmentally sensitive natural resources within the Township and to prevent the long-term degradation of the environment to the common benefit of the community; in conformance with the purpose of the State Municipalities Planning Code, and in furtherance of the Township Comprehensive Plan. B. The following sections to promote sound development practices by limiting, restricting and prohibiting development from areas of a tract or lot that are not appropriately suited for said development activity; by guiding said activities in other areas within the same tract or lot, which are intrinsically suited for site disturbance and/or development activities. C. Calculations. (1) Applicability. The following calculations in this Section shall be submitted with all preliminary and final plans by an applicant for any subdivision or land development, unless otherwise provided in this section. In addition, see requirements in Section C.(1) for each lot. The calculations in this Section C.(1)(b) and (d) shall only apply to a Performance Subdivision, Age-Restricted Development, Single Family Detached Cluster Development, or Mobile (Manufactured) Home Park. The calculations shall be completed to at least three decimal points. (a) Calculation for gross site area. [1] Determine the acreage by actual property survey: acres [2] Subtract the following: [a] Land within existing roads and their ultimate rightsof-way and 50 percent of land within pre-existing overhead electric transmission rights-of-way: [b] Land without development opportunities due to preexisting restrictions such as restrictive conservation easements. acres acres [3] Equals gross site area: acres (b) Calculation for resource protection lands: [1] In the event two or more resources overlap, only the resource with the highest resource protection ratio shall be used. [2] Table of natural resource protection restrictions: VI-1 Environmental Performance Standards

2 Minimum Resource Required Acres of Protection Resource Land in Land Protection Natural (Column I x Natural Resources Ratio Resource Column II) (I) (II) (III) 100-Year Floodplains 1.00 Lakes or Ponds 1.00 Wetlands 1.00 Shorelines (areas within 50 feet from The permanent pool elevation of a Natural lake or pond) % to 25% Slopes 0.80 Greater than 25% Slopes 0.90 Woodlands 0.25 Total Acreage of Resource Protection Land (Total of Column III) = (c) (d) Recreation land. Recreation land may overlap common open space, provided the requirements for each are met. The requirements for recreation land are established in the Subdivision and Land Development Ordinance. Minimum open space, net buildable site area and maximum permitted dwelling units. The minimum required open space, as determined below, shall apply to the entire site and not on a lot-by-lot basis, provided that the total allowable net buildable portion of the site, as determined below, is not exceeded. [1] Determine minimum common open space based upon total site area multiplied by minimum common open space ratio. ac. x ac. = ac. Gross site area Open space ratio* Minimum required common Open space *Where an open space ratio is required under the applicable zoning district. [2] Determine net buildable site area. ac. - ac. = ac. Gross site area Resource Protection Land Net Buildable (from Column III above) site area [3] Determine maximum number of permitted dwelling units for performance subdivisions, age-restricted development, single family detached cluster developments or mobile/manufactured home park, unless otherwise stated in the applicable zoning district regulations: ac. x DU/ac. = Dwelling Units Net buildable site area Maximum permitted Total number of permitted density dwelling units (round up if figure is equal to or greater than 0.5; round down if under 0.5) VI-2 Environmental Performance Standards

3 (e) Calculation to determine maximum permitted impervious surfaces. acres X = Gross site area Maximum impervious Maximum impervious Surface ratio surfaces on the site (unless the applicable zoning district regulations state that maximum impervious is based upon each individual lot) Natural Resource Restrictions A. General (1) The natural resource restrictions, as contained herein, shall apply to all uses. (2) Site alterations, regrading, filling, or clearing of vegetation prior to approval of final plan by the Board of Supervisors shall be a violation of this chapter. However, this subsection shall not prohibit any land management practices that may be necessary for the ecological improvement of any stream, pond, lake, or wetland or for forest production, provided that all applicable permits have been obtained from all appropriate state and federal regulatory agencies. (3) All proposed subdivisions and site plans either wholly or partly within resource protection lands as identified in Section B.2.(b) shall be subject to the following restrictions, unless specifically exempt by provision of this subsection. (a) (b) All proposed site plans and subdivisions, the area of which is either wholly or partly within resource protection lands, shall have an earth disturbance plan as part of the preliminary plan submission. Contents of an earth disturbance plan. [I] A metes and bounds base map. [2] The location, type and extent of all natural features and resources on the site, parcel or tract. [3] Areas and limits of all primary and ancillary grading and earthwork. [4] The delineation by conservation easement of the earth disturbance envelope(s) of the site, parcel or tract. The total land area within the conservation easement(s) shall not be less than the total required open space as determined in Section B.(4)(a) of this section. Said conservation easements may include open space and resource protection lands either in public or private ownership as the case may be. [5] A general plan note clearly indicating that all earth disturbance is strictly limited to the areas within the earth disturbance envelope(s) of the site, parcel or tract. [6] The total earth disturbance of any site, parcel or tract shall not exceed the net buildable area of that site, parcel or tract as established by subsection B.(4)(c) of this section. (4) Areas with natural resource restrictions should, to the greatest extent possible, be left undisturbed and not occupied by structures, driveways, on-lot septic systems or other requirements. B. Requirements for all uses. See also Section C.1, which regulates certain natural features within each lot. VI-3 Environmental Performance Standards

4 (1) 100 Year Floodplain. A complete set of floodplain regulations is provided in Section No structures, filling, piping, diverting, or stormwater detention basins shall be permitted in the 100 year floodplain, unless the use, activity or development complies with Section and all other applicable codes and ordinances. (a) In addition, no principal building shall be constructed or placed within a 100 year floodplain that is adjacent to a perennial creek or river. However, this Section B.(1) shall not apply to a building that is not routinely occupied by persons (such as a livestock structure). (2) Lakes, ponds, wetlands, and watercourses shall remain as open land that is free of buildings and parking. No development, filling, piping, or diverting shall be allowed of lakes, ponds, wetlands or watercourses unless specifically permitted by the state or federal agency having jurisdiction over said activity. (3) Lake and pond shorelines. No more than 30% of the shorelines of lakes and ponds, to a width of 50 feet from the shoreline as measured from the permanent pool elevation, shall be developed and/or regraded or cleared of vegetation. The balance shall remain as open land that is free of buildings and parking. (4) Steep Slopes. See also requirements of the Township Subdivision and Land Development Ordinance. (a) In areas of 15 percent or greater slopes, the following standards shall apply: [1] 15% to 25% slope: No more than 20% of such areas shall be developed and/or regraded or stripped of vegetation. [2] Greater than 25% slope: No more than 10% of such areas shall be developed and/or regraded or stripped of vegetation. [3] See also Section C. concerning whether steep areas can be used to meet the minimum lot area requirements for an individual lot. b. Grading and Erosion Control. During the preparation for installation of and use of areas coming under this control, the developer shall meet the requirements specified in Subsection B.(8) below and all applicable ordinances for stormwater management and soil erosion and sedimentation control. [1] No increased erosion will occur as a result of the planned development after the complete development of the lot. [2] No increased water run-off will occur which will materially and adversely affect any property other than the lot to be developed. (c) Application for building permits in areas of 15% slope or greater shall include a grading plan indicating the following information: [1] Site plan of property at a scale of one inch equals 50 feet indicating existing grades with contour lines at two-foot intervals and proposed grades within the area of the proposed construction. [2] Landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls, and ground cover, as well as the locations of trees and ornamental shrubs. [3] Plans showing a cross-section of the building in relation to the slopes. [4] A statement prepared by a licensed architect, registered landscape architect, or professional engineer stating an explanation of the methods to be used in overcoming foundation and other structural problems created by slope conditions, in preserving the natural watershed, and in preventing soil erosion. [5] A plan submitted under the seal of a licensed professional engineer, registered surveyor or registered landscape architect showing and certifying the following: VI-4 Environmental Performance Standards

5 [a] [b] [c] [d] [e] All existing and proposed natural and artificial drainage courses and other features for the control of drainage, erosion and water. The calculated volume of water runoff from the slopes and from the lot in question, as unimproved. The calculated volume of water runoff from the slopes and from the lot in question, as improved. The existence, location, and capacity of all natural and artificial drainage courses and facilities within 500 feet of the lot, which are or will be used to carry or contain the water runoff from the slope and the lot. The effect of any increased water runoff on all adjacent properties and any other property that will be materially affected by increased water runoff. (d) Lands qualifying under one or more of the following provisions shall be exempt from the steep slope provisions of this section. [I] Areas on a site that involve steep slopes of less than 3,000 square feet land area. [2] Previously and substantially developed lots. [3] That portion of land directly affected by the location of a throughroad or other community facility as determined necessary by the Board of Supervisors. Only the minimum relief required to accomplish the municipal planning objective is subject to said exemption. [4] The requirements of this section do not apply on a lot by lot basis provided that the lot or lots in question have been the subject of a prior site plan or subdivision approval, and further provided, that all provisions of said site plan or subdivision approval are met. (5) Woodland. Woodland shall be subject to the following restrictions when the area of woodland on the total site area is greater than 1/2 acre. (a) No more than 50% of such woodland area shall be developed and/or regraded or cleared of vegetation. The minimum width of remaining stands of trees shall not be less than three times the height of the canopy. The remaining 50% of the woodland shall remain as permanent open land and shall be protected during construction from root compaction by equipment and material. The Township may require the use of a conservation easement to protect trees. The Township may allow the replacement of undesirable species of trees or unhealthy or diseased trees with new trees that will serve the same purposes. Dead and diseased wood may be removed. (b) Exemptions. On existing or proposed wooded lots, exemptions to the woodlands standards may be permitted provided the following provisions are met and approved by the Board of Supervisors. [1] The Township shall allow for tree removal when said removal will not adversely affect the intent of this section or the utility and character of the overall foliage of the parcel or lot in question. In no case shall removal of trees exceed the standards for steep slopes or woodland protection within Section B.(4) and (5). In addition, the provisions of this section shall not apply to a landowner that wishes to remove up to 3 trees in any calendar year. [2] That portion of land directly affected by the location of a throughroad or other community facility as determined necessary by the Board of Supervisors. Only the minimum relief required to accomplish the municipal planning objective is subject to said exemption. VI-5 Environmental Performance Standards

6 [3] The requirements of this section do not apply on a lot-by-lot basis provided that the lot or lots in question have been the subject of a prior site plan or subdivision approval, and further provided that all provisions of said site plan or subdivision approval are met. (c) Development plans shall show the extent of trees to be removed versus areas to be maintained and preserved. Anytime in the future, if a tree is removed that was required by the Township or was shown on an official site plan approved by the Township as being preserved, then such tree shall be replaced by the current landowner with a new tree of a species and in a location that serves the same purposes. (6) Trees on wooded lots. See Section B.or its successor section of the Subdivision and Land Development Ordinance, as amended. (a) The Township may require that appropriate measures be used to protect trees during the construction process, such as temporary fencing around the root system of trees to keep out construction equipment and avoid compaction around the roots. No more than 1/3 of the roots may be disturbed by the removal of topsoil or paving provided that a similar amount of the canopy has been removed by a trained arborist. Any filling within 35 feet of the trunk shall require a tree well and/or aeration channels in accordance with the standards of the American Association of Nurserymen, Inc. (b) See also regulations for forestry for tree cutting that is not necessary for the construction of an approved use. (7) Stormwater. All developments shall limit the rate of stormwater runoff so that no greater rate of runoff is permitted than that of the site in its pre-development conditions. The provisions for runoff calculations outlined in the Subdivision and Land Development Ordinance shall apply. (8) Soil erosion and sedimentation. All developments shall protect watercourses and water bodies from sedimentation damage and shall control erosion in accordance with the Pennsylvania statutes. All developments involving earth disturbance shall submit a soil erosion and sedimentation control plan as required by the Subdivision and Land Development Ordinance Environmental, Hazard and Nuisance Restrictions. A. Requirements for all uses. (1) Except for agricultural uses, which are exempt to the extent provided in the Pennsylvania Right-to-Farm Law, no use shall be permitted which is noxious or offensive in the immediate surrounding area by reason of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard whether by fire, explosion, or otherwise. In determining whether a proposed use is noxious, hazardous, or offensive, the following standards shall apply. The proposed operation shall not: (a) Constitute any nuisance whatsoever beyond the boundary of a site on which the use is located by a reason of dissemination of noxious, toxic, or corrosive fumes, smoke, odor, or dust. All fixed equipment shall be operated by electric power, gas, or other smokeless fuel; (b) Result in noise or vibration exceeding the average intensity vibration occurring from other causes at the boundary line; (c) Endanger surrounding areas by reason of fire or explosion; (d) Produce objectionable heat, glare, or radiation beyond the property line; VI-6 Environmental Performance Standards

7 (e) (f) (g) Result in any electrical or signal disturbance in nearby residences, or adversely affect the operation of equipment other than on the property on which the disturbance is located, when such equipment can be shown to be of good design and in proper functional condition; Discharge any untreated sewage or industrial waste into any stream, or otherwise contribute to the pollution of surface or groundwater in accordance with the State or Federal statutes; and Create any other objectionable condition in an adjoining area which will endanger public health or safety or be detrimental to the proper use of the surrounding area. (2) When required by the Township, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous, or offensive as defined above. If required, the applicant shall submit supplemental information, plans, and impartial expert judgments, and the Township may require the expert advise of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant. (3) Any proposed non-municipal central sewage system shall comply with: a) the most current Forks Township Sewage Facilities Plan; b) PA.DEP requirements; and c) be subject to the review and approval by the Township Sewage Engineer. The management of such a system is subject to review and approval by the Board of Supervisors based upon a review by the Township Sewage Enforcement Office, Township Solicitor and the Township Sewer Engineer. (4) All common wastewater disposal systems serving more than two residential lots and/or a single commercial/industrial/office use shall be required as part of the overall permitting process for the system to post an annual escrow with the Township in an amount determined by the Township Engineer sufficient to provide for maintenance and/or replacement of the system. The escrow shall be in a form of a performance bond, cash or equivalent, or letter of credit. B. Requirements for Commercial and Industrial Uses 1. General. All activities shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, glare, or heat for the district in which such use shall be located; and no use, already established on the effective date of this Ordinance, shall be so altered or modified as to conflict with or further conflict with such applicable performance standards for the district in which such use is located. 2. 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 specific locations: Sound Level Limits by Receiving Land Use/District VI-7 Environmental Performance Standards

8 LAND USE OR ZONING DISTRICT RECEIVING THE NOISE a. At a Lot Line of a Residential Use in a OR, CR, SR or SR1 District. b. Lot Line of a Residential Use that is not in the OR, CR, SR or SR1 districts. c. Any Lot Line other than a. or b. HOURS/DAYS 1) 7 a.m. to 9 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Years Day, Labor Day and Memorial Day. 2) 9 p.m. to 7 a.m. plus all of the following days: Sundays, Christmas, Thanksgiving, New Years, Easter Sunday, Labor Day and Memorial Day. 1) 7 a.m. to 9 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Years Day, Labor Day and Memorial Day. 2) 9 p.m. to 7 a.m. plus all of the following days: Sundays, Christmas, Thanksgiving, New Years, Easter Sunday, Labor Day and Memorial Day. All times and days. MAXIMUM SOUND LEVEL 1) 58 dba 2) 55 dba 1) 70 dba 2) 64 dba 70 dba Note dba means A weighted decibel. (b) (c) Exceptions. 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 a.m. and 9 p.m., except for clearly emergency repairs which are not restricted by time. (3) Lawnmowers, snowblowers, leaf blowers, and household power tools between the hours of 7 a.m. and 9 p.m. (4) Agricultural activities, including permitted raising of livestock, but not exempting a kennel. (5) Public celebrations specifically authorized by the Township Supervisors or a County, State or Federal Government agency or body. (6) Unamplified human voices. (7) Routine ringing of bells and chimes by a place of worship. (8) Vehicles operating on a public street, railroads and aircraft. (9) Occasionally used safety signals, warning devices, emergency pressure relief valves. (10) Animals, except from a kennel. Grandfathering Provision. An industrial use in an EC district that existed prior to the adoption of this Ordinance shall be permitted to have a maximum sound level of 70 db(a) measured at the lot line of a use receiving the noise, regardless of the type of adjacent use and regardless of the time of day. 3. Vibration. All activities shall be conducted in such a manner as to comply with the current applicable standards for vibration of the State DEP or Federal Environmental Protection Agency. 4. Air Pollution. a. All activities shall be conducted in such a manner as to comply with the current applicable standards for air quality of the State DEP or Federal Environmental Protection Agency. b. No use shall cause, allow, permit, kindle, ignite, or maintain any bonfire, junk fire, salvage operations fire, or any other open fire on or in any public street, VI-8 Environmental Performance Standards

9 road, or public ground, or upon any private property within the limits of the site. 5. Toxic or Noxious Matter. a. Water-borne - All activities shall be conducted in such a manner as to comply with all current applicable standards for air quality of the State DEP or Federal Environmental Protection Agency. b. Airborne - All activities shall be conducted in such a manner as to comply with all current applicable standards for air quality of the State DEP or Federal Environmental Protection Agency. c. Reference shall be made to the Air Pollution Abatement Manual for determination of toxic pollutants to be prohibited. 6. Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail. Note Certain exceptions apply to normal farming activities under the State Right to Farm Act. (a) All activities shall be conducted in such a manner as to comply with all current applicable standards for odors of the State DEP or Federal Environmental Protection Agency. 7. Fire and Explosion Hazards. The requirements of the Township Fire Protection Code shall apply. As a condition of a special exception or conditional use, the Board of Supervisors or Zoning Hearing Board may require additional building setbacks for a use involving hazardous materials, operations, storage or processes. 8. Storage. The storage of more than 10,000 gallons of materials or products having a closed cup flash point less than 120 degrees Fahrenheit, including storage of finished products in the original sealed container, is prohibited. Bulk storage of more than 500 gallons must be in underground facilities designed to meet the standards prescribed by the National Fire Protection Association, and the requirements of the other ordinances of the Township 9. Heat and Glare. a. Heat - No use shall carry on an operation that would produce an increase in ambient air temperature of more than 2 degrees Fahrenheit at the property line of the lot on which the use is situated. b. Glare - No use shall carry on an operation that would produce glare as defined below from unshielded bulbs or any production operation, such as welding, beyond the property line of the lot on which the use is situated. Glare shall be defined as direct or indirect light from such activities of greater than 0.5 footcandle at the ground level or at the second story of a dwelling, whichever is more restrictive. 10. Water Quality and Water Withdrawal. a. All activities shall be conducted in such a manner as to comply with all current applicable standards for water quality of the State DEP. b. Emergency Procedures - Where materials stored on site could, if accidentally released, impair water quality, emergency procedures shall be specified to prevent such spillage from entering ground or surface waters as a part of the permit application. VI-9 Environmental Performance Standards