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Ordinance amending and supplementing the Pittsburgh Code, Title I-Administrative, Chapter 161-Contracts, Title 9-Zoning, Chapter 922-Development Review Procedures, and Title X-Building, Section 1003.03 Permit Application, so as to add language to build and support sustainable development, to enhance the quality of life and provide a healthy environment for all City residents, and to help to set a community standard of sustainable development in the City of Pittsburgh.
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BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF PITTSBURGH HEREBY ENACTS AS FOLLOWS:
SECTION 1. The Pittsburgh Code, Title One, Administrative, Article VII, Procedures, Chapter 161, Contracts, is hereby supplemented by adding Section 161.40-Clean Diesel Operations, as follows:
Section 161.40 CLEAN DIESEL OPERATIONS
(a) Findings
1. The protection of the health, safety and welfare of its residents is the primary concern of the City of Pittsburgh.
2. Diesel exhaust particle pollution poses a clear and present health risk to the people of Pittsburgh.
3. The United States Environmental Protection Agency has classified diesel exhaust as a likely human carcinogen, and has identified diesel particulate matter and diesel exhaust organic gases as toxic air pollutants.
4. Diesel exhaust also is a prime contributor to airborne fine particle pollution that is linked to premature death and other serious cardiovascular and pulmonary problems, such as heart attacks, abnormal heart rhythms, atherosclerosis, stroke, asthma attacks, permanent respiratory damage, and retardation of lung growth in children.
5. A variety of federal and other funding sources have been established to help pay for the reduction of particulate emissions from diesel vehicles.
6. The United States Environmental Protection Agency has enacted requirements requiring the substantial reduction of emissions from new diesel engines in both heavy-duty highway vehicles and land-based non-road equipment, but these regulations do not apply to any of the over eleven (11) million existing diesel engines in the United States, most of which emit substantially more pollution, and often remain in service for ten (10) to thirty (30) years.
7. The same technology that limits diesel pollution from new diesel engines can be retrofitted onto existing engines or applied in new replacement engines to reduce harmful diesel emissions by eighty-five percent (85%) or more, and significantly reduce noise, odor, and vibration from diesel equipment.
8. The City of Pittsburgh believes that its public funds should be used to support projects that do not impair the public's health.
(b) Purposes
The purposes of this ordinance are to:
(1) Minimize human exposure to and health risks from diesel particulate emissions;
(2) Reduce health costs, missed school days, lost worker productivity and premature
mortality linked to exposure to the diesel particulate matter (PM) and other diesel pollutants; and
(3) Achieve health benefits for City residents by ensuring City public works projects take advantage of retrofits that are available in the marketplace;
by establishing requirements relating to: the use of ultra low sulfur diesel fuel and to the use of best available retrofit technology by non-road and on-road diesel vehicles used in City construction projects and City subsidized projects.
(c) Definitions
(1) Best Available Retrofit Technology means technology verified by the United States Environmental Protection Agency (US EPA) or the California Air Resources Board that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies (i.e., Level 1, 2 or 3, as defined herein) that is applicable to the particular engine and application. Such technology shall not result in a net increase in nitrogen oxides.
(2) City means the City of Pittsburgh, and all of its Agencies, Boards, Commissions, Departments and related Authorities.
(3) City Subsidized Project means a construction project funded in whole or in part by City monies or other valuable consideration, where the City is not the legal or actual owner or developer of the project.
(4) Contract means a contract with the City for a construction project funded in whole or in part by city, state or federal monies.
(5) Construction Project means a project having a total cost of one million dollars ($1,000,000) or more, involving the abatement, construction, demolition, rehabilitation, renovation, restoration, or repair of any building, structure, tunnel, excavation, roadway, park or bridge; or the preparation for such construction projects; or any final work involved in the completion of such projects.
(6) Contractor means any entity or person that enters into an agreement or contract with the City or with the owner or developer of a City Subsidized Project, or any entity or person that enters into an agreement with such person or entity (including subcontractors and their subcontractors and suppliers), to perform work or provide goods or services related to such contract.
(7) Goods and services mean labor, services, material and/or equipment provided to the City or to the owner or developer of a City Subsidized Project.
(8) Level 1 control means a verified diesel emission control device that achieves a particulate matter (PM) reduction of twenty-five percent (25%) or more compared to uncontrolled engine emissions levels.
(9) Level 2 control means a verified diesel emission control device that achieves a particulate matter (PM) emission reduction of fifty percent (50%) or more compared to
uncontrolled engine emission levels.
(10) Level 3 control means a verified diesel emission control device that achieves a particulate matter (PM) emission reduction of eighty-five percent (85%) or more compared to uncontrolled engine emission levels, or that reduces emissions to less than or equal to one one-hundredth (0.01) grams of (PM) per brake horsepower-hour. Level 3 control includes repowering or replacing the existing diesel engine with an engine meeting US EPA's 2007 Heavy-duty Highway Diesel Standards, published in the federal register at 66 Fed. Reg. 5001 (January 18, 2001), or in the case of a non-road engine, an engine meeting the US EPA's Tier 4 Non-road Diesel Standards, published in the federal register at 69 Fed. Reg. 38957 (June 29, 2004).
(11) Non-road vehicle means a vehicle or equipment that is powered by a diesel engine seventy-five (75) horsepower and greater, and that is not a motor vehicle or a vehicle used solely for competition, which shall include, but not be limited to, backhoes, bulldozers, compressors, cranes, excavators, generators, and similar equipment; non-road vehicles do not include locomotives or marine vessels. Non-road vehicle does not include a stationary source, except that this term shall apply to diesel-powered stationary generators, compressors or similar equipment used in any construction project.
(12) On-road vehicle means any self-propelled vehicle designed for transporting persons or property on a street or highway that operates on diesel fuel and that has a gross vehicle weight rating of 14,000 pounds or more.
(13) Stationary generator means a non-mobile machine that uses diesel fuel to produce electrical energy.
(14) Ultra low sulfur diesel fuel means diesel fuel that has a sulfur content of no more than fifteen (15) parts per million.
(d) Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology in Non-Road and On-Road Vehicles Used in City Construction Projects.
(1) All solicitations by the City, on and after January 1, 2011, for a contract for a construction project, and all contracts entered into as a result of such solicitation, shall include a specification that all contractors in the performance of such contract shall meet the requirements of subsection (3) of this Section.
(2) The City shall condition the receipt, on and after January 1, 2011, of any public funding or other valuable consideration from the City for a City Subsidized Project, on the requirement that all contractors in the performance of such project shall meet the requirements of subsection (3) of this Section.
(3) In the performance of a construction project described in subsection (1) or (2), contractors shall be required to:
(I) Use ultra low sulfur diesel in diesel-powered non-road and on-road vehicles on the project site; and
(II) Beginning January 1, 2014, not operate any diesel on-road or non-road vehicle on the project site unless that vehicle has installed Best Available Retrofit Technology that is properly maintained and operational.
(e) Funding
(1) With respect to each application by the City for funding from the Commonwealth of Pennsylvania and/or the federal government for a contract, the cost of the construction project(s) applied for shall include the full cost of the emissions reductions measures described in Section d(3)(II).
(2) All incremental equipment and installation costs incurred by a contractor for a specific project that are necessary to bring non-road and on-road vehicles into compliance with the provisions of sections (d)(3)(II), shall be fully reimbursed from project funds, provided that:
(I) the control technology is installed before the applicable vehicle is brought onto the project site;
(II) the contractor submits documentation, including the technology type, EPA/CARB verification number/control level, manufacturer, make, model, serial number and installation date, proving by date that the technology was installed for this project and certifying that the expenditure for installation was not previously reimbursed by any public agency or public contract;
(III) the control technology is installed prior to January 1, 2015;
(IV) costs for the emission control technology shall not be included in the contractor's bid, and shall not be considered by the City in evaluating bids. However, the contractor shall provide a separate specification of its expected emission control costs for each project, and the City shall dedicate project funds for this purpose. Eventual reimbursement shall not exceed the lesser of (A) the amount in contractor's specification or (B) the actual allowable emission control costs certified by the contractor and verified by the City; and
(V) retrofits installed using project funds pursuant to this subsection (2) shall remain on the diesel-powered non-road and on-road vehicle for the useful life of the emission control device or the equipment.
(3) The incremental equipment and installation costs incurred by a contractor for a City Subsidized Project that are necessary to bring non-road and on-road vehicles into compliance with the requirements set forth in section (d)(3)(II) shall be the responsibility of the contractor.
(4) The City may set aside project funds in the amount of 2% of the retrofit control costs to reimburse the City for its time and resources associated ensuring compliance by the projects subject to this ordinance.
(f) Compliance
Each solicitation by the City for a contract for a construction project subject to section (3) this ordinance, each contract entered into as a result of such solicitation, and each agreement for City funding for a City Subsidized Project, shall include provisions for compliance with this ordinance, including but not limited to the following:
(1) Construction shall not proceed until the contractor submits, and the City approves, a certified list of all non-road and on-road vehicles to be used on site. The list shall include the following:
(I) Contractor and subcontractor name and address, plus contact person responsible for the vehicles or equipment; and
(II) Equipment type, manufacturer, engine model year, engine certification ECM calibration, horsepower, plate, serial number, and expected fuel usage and/or hours of operation; and.
(III) For the pollution control technology installed: technology type, serial number, make, model, manufacturer, EPA/CARB verification number/level, and installation date.
(2) If the contractor subsequently needs to utilize on the project site non-road or on-road vehicles not on the list, the contractor shall submit for prior approval by the City written notification that attests the vehicles comply with all contract conditions.
(3) Idling on the project site for more than three minutes over a sixty-minute period shall be permitted only under the following circumstances:
(I) When an onroad or nonroad diesel vehicle is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control;
(II) To bring the onroad or nonroad diesel vehicle to the manufacturer's recommended operating temperature;
(III) When the outdoor temperature is below twenty (20) degrees Fahrenheit;
(IV) When there are regulations requiring temperature control for driver or passenger comfort and there are no auxiliary power sources available to provide temperature control;
(V) When it is necessary to operate auxiliary equipment that is located in or on the diesel vehicle or construction equipment, to accomplish the intended use of the vehicle or equipment (for example, cranes and cement mixers);
(VI) When the onroad or nonroad diesel vehicle is being repaired, if idling is necessary for such repair; and/or
(VII) When the onroad or nonroad diesel vehicle is queued for inspection, if idling is necessary for such inspection.
(4) All non-road and on-road vehicles shall comply with all pertinent local, state, and federal regulations relative to exhaust emission controls and safety.
(5) The contractor shall establish generator sites and truck-staging zones for vehicles waiting to load or unload material on-site. Such zones shall be located where diesel emissions have the least impact on abutters, the general public, and especially sensitive receptors such as hospitals, schools, daycare facilities, elderly housing, and convalescent facilities.
(6) The City shall be authorized to inspect the project site and monitor contractor's compliance with the requirements of this ordinance.
(7) No contractor shall make a false statement or claim with respect to any matter material to compliance with the provisions of this ordinance to the City.
(g) Enforcement
(1) Each solicitation by the City for a contract for a construction project subject to section (d) of this ordinance, each contract entered into as a result of such solicitation, and each agreement for City funding for a City Subsidized Project, shall include provisions authorizing enforcement of the requirements of this ordinance.
(2) Violations of any of the requirements of this ordinance, as inserted in the contract or funding agreement, shall be deemed to be a material breach of the contractor agreement, and the City shall have available all remedies resulting from such a breach.
(h) Regulations
Within six (6) months of the effective date of this ordinance, the Pittsburgh Bureau of Building Inspection shall promulgate regulations implementing the provisions of this ordinance.
SECTION 2. The Pittsburgh Code, Title 9, Zoning, Article VII, is hereby amended and supplemented as follows:
922.10.A Purpose
The Project Development Plan review procedures of this section are intended to provide a vehicle for evaluating individual development proposals within the broader context of development and plans for areas of regional significance, including the Golden Triangle and Downtown Riverfront areas. It is further the intent of these review and approval procedures to afford maximum design flexibility for individual development projects, consistent with planning objectives for the Golden Triangle, Downtown Riverfront, and Public Realm areas. It is further the intent of these review procedures to ensure that moderate-scale and large-scale developments in the City of Pittsburgh minimize environmental impact and improve the surrounding neighborhood.
922.10.B Applicability
(1) In each GT, DR and Public Realm district, every new or changed use of land, and every structure hereafter erected, enlarged demolished or externally altered, except structures involving external alterations not in excess of fifty thousand dollars ($50,000.00), shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this Zoning Code, be in accord with a Project Development Plan approved by the Commission.
(2) In all zoning districts, all structures totaling at least one hundred thousand (100,000) square feet shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this Zoning Code, be in accord with a Master Development Plan approved by the Planning Commission.
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922.10.D Preliminary Review
922.10.D.2 [Development on sites of three (3) or more acres] Master Development Projects
Any development of a building or buildings that require Project Development Plan review on a site of three (3) or more acres is required to submit a Master Development Plan prior to the application for individual building or buildings review. Additionally, any development that meets the criteria of 922.10.B subsection (2) shall submit a Master Development Plan for review.
A complete application for a Master Development Plan shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator. Upon determining that the Master Development Plan application is complete, the Zoning Administrator shall schedule a review by the Planning Commission.
The Planning Commission shall approve a Master Development Plan application only if it finds that the proposal meets all of the following criteria:
(a) That the proposed development shall create an efficient, functional and attractive urban area which incorporates a high level of amenities;
(b) That the proposed development shall create a favorable environmental, social and economic impact on the City;
(c) That the proposed development shall not be injurious to other property in the immediate vicinity, nor substantially diminish or impair property values within adjacent zoning districts;
(d) That adequate utilities, road, drainage and other necessary facilities have been or shall be provided;
(e) That adequate measures have been or shall be taken to provide ingress and egress designated so as to minimize traffic congestion in the public streets; [and]
(f) That the proposed development complies with plans and policy documents adopted from time to time by the City; and
(g) The proposed development provides a Complete Streets and Open Space Plan that shows all reasonable efforts have been made to develop a plan that provides open, accessible, and walkable space. The plan should ensure that there is ample access to public transportation for the development and should include plans for pedestrian and bicycle amenities, as well as green and open space.
SECTION 3. The Pittsburgh Code, Title X, Building, Chapter 1003- Land Operations Control, Section 1003.04- Regulated Activities Requiring a Plan; Stormwater Management Standards, is hereby amended and supplemented as follows:
ยง 1003.04. REGULATED ACTIVITIES REQUIRING A PLAN; STORMWATER MANAGEMENT STANDARDS.
(a) When required. For all Regulated Activities equal to or greater than 10,000 square feet in area, implementation of water quality controls, peak rate controls and preparation of a SWM Site Plan are required unless such activities are exempt under subsection (c) hereof.
(b) What required. All Regulated Activities shall include such measures as necessary to:
(1) Protect health, safety, and property;
(2) Meet State Water Quality Requirements as defined in Section 1003.01. The Review Body may, after consultation with DEP, approve alternative methods for meeting the State Water Quality Requirements other than those in this Chapter, provided that they meet the minimum requirements of, and do not conflict with, State law, including but not limited to, the Clean Streams Law.
(3) Meet the water quality goals of this Chapter by implementing measures to:
A. Minimize disturbance to floodplains, wetlands, natural slopes over twenty-five (25) percent, and existing native vegetation.
B. Preserve and maintain trees and woodlands. Maintain or extend riparian buffers and protect existing forested buffer. Provide trees and woodlands adjacent to impervious areas whenever feasible.
C. Establish and maintain non-erosive flow conditions in natural flow pathways.
D. Minimize soil disturbance and soil compaction.
E. Disconnect impervious surfaces by directing runoff to pervious areas.
(4) Incorporate the techniques described in Appendix A (Low Impact Development Practices) of this Chapter whenever practical. The applicant shall provide the opinion of a qualified professional to substantiate a claim that the Appendix A techniques are not practical.
(5) Impervious Areas.
A. The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in stages.
B. For development taking place in stages, the entire development plan must be used in determining conformance with this Chapter.
C. For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this Title and of Title Nine, the Zoning Code.
(6) All Regulated Activities must implement stormwater mitigation strategies that will infiltrate on site the first inch of rainfall in a twenty four (24) hour period.