East Allen Township
City Zoning Code
City Zoning Code
ARTICLE V
Environmental Protection
§ 250-40 (((-501.))) Environmental preservation required.
A.
All uses shall be developed in a manner consistent with the preservation of the quality of the existing environment and of any natural amenities present on the site.
B.
All uses shall provide for the preservation and the minimum destruction of natural drainage areas, minimum grading and destruction of the ground surface, the preservation of substantial stands of trees and forested areas, and the preservation of attractive views and any other natural features existing on the site.
§ 250-41 (((-502.))) Nuisances prohibited.
A.
No land or structure in any zoning district shall be used or occupied in any manner that creates any:
(1)
Dangerous, injurious, noxious, or otherwise objectionable condition;
(2)
Fire, explosive, or other hazards;
(3)
Heat, electromagnetic or other radiation;
(4)
Noise or vibration;
(5)
Smoke, dust, odor or other form of air pollution; or
(6)
Any other condition;
(7)
In such manner or in such amount as to adversely affect the reasonable use or value of the surrounding area or adjoining premises or be dangerous to public health or safety.
§ 250-42 (((-503.))) Steep slopes.
A.
Slopes in excess of 25% (25 feet vertical distance over 100 feet horizontal distance). Development on slopes in excess of 25% shall be treated as a conditional use before the Board of Supervisors and shall require site plan review by the Planning Commission and the Township Engineer.
§ 250-43 (((-504.))) Areas with high-water table.
A.
Any proposed land use which may directly (by means of effluent discharge into the ground) or indirectly (through the leaching of stored materials) result in the pollution of the groundwater shall be prohibited from developing in any area which has a year-round or seasonal high-water table which comes to within any distance of the ground surface which violates DEP regulations.
B.
The determination of such hazards shall be made by the appropriate state agency and/or by a qualified sanitary engineer, geologist or soil scientist approved by the Board of Supervisors.
§ 250-44 (((-505.))) Development along streams.
B.
All areas within 100 feet of the center line of a major stream or within 50 feet of the center line of a minor stream shall be in open space, except where the land use and engineering calculations associated therewith propose methods for the conveyance of stormwater in such streams which is acceptable to the Township Supervisors and either utilizes methods generally acceptable to, or are approved by, the Department of Environmental Protection.[2]
[2]
Editor's Note: Former Subsection C, pertaining to proposed uses in floodplains, and which immediately followed this subsection, was repealed 7-24-2008 by Ord. No. 2008-08.
§ 250-45 Flood hazard regulations.
§ 250-46 (((-507.))) Filling, excavation, and grading.
A.
Permit required. All activities which require the moving of earth or the filling or excavation of an area shall obtain a zoning permit issued by the Zoning Officer. Finish grading or incidental grading of a lot and minor earthmoving from one place to another on a lot for landscaping or agricultural purposes shall not require a zoning permit.
B.
Grading regulations.
(1)
The existing grade shall not be increased so that unstable slopes are created.
(2)
The surface area of any yard adjacent to a building or structure shall be graded so that surface water will be drained away from such structure.
(3)
The deposit of soils, detritus or other debris (as a result of site preparation, grading, or excavation) shall not be unsightly or detrimental to any property, street, sewer, or natural waterways. Prior to any residential or commercial construction or excavation, a construction entrance comprised of two- to three-inch stone, six inches deep, shall be installed to a width of 15 feet and a length of 25 feet. The construction entrance thickness shall be constantly maintained to the specified dimensions by adding rock. During construction, the general contractor shall have responsibility to inspect all rock entrance tire-cleaning areas on a daily basis and after each storm event. At the end of each construction day, all sediment deposited on Township roadways shall be removed and returned to the construction site. The general contractor shall assure the use of wooden ramps over existing curbing or install curb cuts before construction begins. The general contractor shall be responsible for any and all damage to Township roads as a result of the installation and/or removal of curb cuts. Should any construction vehicle damage any curbing during construction or excavation, the general contractor shall be responsible to repair such curbing prior to the finish date of the construction or excavation.. Said repairs shall comply with all Township specifications and be inspected and approved by the Township. Should the general contractor fail to repair such damaged curbing within 10 days of the date of the finish date of the construction or excavation work, the Township may repair or reconstruct the curbing and charge the general contractor the costs thereof plus an administrative fee and the labor costs of such repair work. The general contractor shall stake out the site and contact the Township for inspection prior to the commencement of excavation and/or construction.[1]
[1]
Editor's Note: Section 4 of Ord. No. 2001-3, which revised this subsection, provided as follows: “Any person, firm or corporations violating any provision of this ordinance shall be fined not less than $500 for each offense or the cost of damages to repair said damage to the Township's satisfaction, and a separate offense shall be committed for each day during or on which a violation occurs or continues to exist.”
(4)
All County Soil Conservation service regulations shall apply.
§ 250-47 (((-508.))) Outdoor storage control.
A.
No flammable or explosive liquids, solids, or gases shall be stored in bulk above the ground, except for tanks or drums of less than 600 gallons of fuel which is directly connected with engines, heating devices, or appliances located and operated on the same lot as the tanks or drums of fuel.
B.
All outdoor storage facilities for fuel, raw materials, and products stored outdoors (including those permitted in § 250-47A, and excluding those intended for solely personal and private consumption and stored at the residence where they are to be consumed) shall comply with the following:
(1)
In all districts other than the Light Industrial/Business Park and General Industrial District, outdoor storage tanks and facilities shall not exceed 1,000 gallons in size with no more than 5,000 gallons on one lot.
[Amended 11-20-2008 by Ord. No. 2008-18]
(2)
Tanks shall be enclosed in a chain link fence with a minimum height of six feet and a maximum of 10 feet.
(3)
The chain link fence, enclosing the tank, shall be locked.
(4)
Each tank shall be equipped with a ten-pound fire extinguisher attached to the inside of the fence at the gate in a waterproof case.
(5)
Post of four-inch diameter or larger, filled with concrete or steel "I" beams with a minimum of four feet in width shall be installed on the outside of the fence. The flanges shall extend 36 inches below grade and 48 inches above grade. The posts shall be painted fluorescent orange. The posts shall be placed at a maximum of five feet apart on all sides above the tank exposed to any vehicular traffic within 15 feet.
(6)
Tanks shall be placed on a concrete pad a minimum of six inches thick and reinforced with six-inch steel mesh, which shall extend to a maximum of three feet on all sides beyond the outer perimeter of the tanks.
(7)
Wherever possible, the lineal direction of the tanks shall be directed away from populated areas.
(8)
Tanks shall be installed above ground.
(9)
In the Light Industrial/Business Park and General Industrial District, outdoor storage tanks and facilities shall not exceed the greater of:
[Added 11-20-2008 by Ord. No. 2008-18]
C.
Depositing of materials.
(1)
No materials or wastes shall be deposited upon a lot in such a form or manner that they may be transported off by natural causes or forces.
(2)
No substance which can: contaminate groundwater or surface water; render groundwater or surface water undesirable as a source of water supply or recreation; or destroy aquatic life, shall be allowed to enter any groundwater or surface water.
(3)
Applicable Department of Environmental Protection regulations shall apply.
§ 250-48 (((-509.))) Sewage waste treatment and disposal control.
A.
All methods of sewage and waste treatment and disposal shall be approved by the Pennsylvania Department of Environmental Protection, in accordance with the Sewage Plan for the Township.[1]
[1]
Editor's Note: The Sewage Plan is on file in the Township offices and can be viewed during regular office hours.
B.
The standards of the regulations specified in § 250-48A, or the following standards (whichever is more restrictive), shall apply:
(1)
Discharged wastes shall not contain any:
(a)
Toxic substance;
(b)
Gasoline, benzene, naphtha, fuel, oil, or other flammable or explosive liquid, solid, or gas;
(c)
Cyanides or halogens;
(d)
More than 10 parts per million (ppm) of the following gases: hydrogen sulfide, sulfur dioxide, or nitrogen dioxide;
(e)
A chlorine demand in excess of 15 ppm;
(f)
Phenol in excess of 0.0005 ppm;
(g)
Grease fats or oils, or any oily substance in excess of 100 ppm, or exceeding a daily average of 25 ppm;
(h)
Liquid having a temperature higher than 150º F.
(i)
Matter containing any ashes, cinders, sand, mud, straw shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any solid or viscous substance capable of causing obstructions or other interference with the proper operation of a sewage treatment plant;
(k)
Liquid having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel; or
(l)
Material which would be harmful to the treatment of sewage.
(2)
Acidity and alkalinity of wastes shall be neutralized with a pH 7.0 as a daily average on a volumetric basis, with a temporary variation of pH 5.0 to 9.0.
§ 250-49 (((-510.))) Noise control.
A.
No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use:
Sound Level Limits by Receiving Land Use and Time | |||
|---|---|---|---|
Receiving Land Use Category | Time | Sound Level Limit | |
Residential, Public Space, Open Space, Agricultural or Institutional | 1) | 7:00 a.m. to 10:00 p.m. | 60dBA |
2) | 10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 50dBA | |
Commercial or Business | 1) | 7:00 a.m. to 10:00 p.m. | 65dBA |
2) | 10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 60dBA | |
Industrial | At all times | 70 dBA | |
B.
For any source of sound which emits a pure tone, the maximum sound level limits set forth in § 250-49A shall be reduced by 5 dBA.
C.
The maximum permissible sound level limits set forth in § 250-49A 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)
Emergency work to provide electricity, water, or other public utilities when public health or safety are involved.
(3)
Domestic power tools, between the hours of 8:00 a.m. and 9:00 p.m., on Mondays through Fridays, and between 8:00 a.m. and 5:00 p.m., on Saturdays or Sundays.
(4)
Explosives and construction operations.
(5)
Agriculture.
(6)
Public celebrations, specifically authorized by the Township.
(7)
Surface carriers engaged in commerce by railroad.
(8)
The unamplified human voice.
D.
For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval), the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound pressure level, regardless of time of day or night of receiving land use, using the "fast" meter characteristic of a Type II meter, meeting the ANSI specifications S1, 4-1971.
§ 250-50 (((-511.))) Vibration control.
A.
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source (if on private property) or at 50 feet from the source (if on a public space or public right-of-way).
§ 250-51 (((-512.))) Dust, dirt, smoke, vapors, gases, and odors control.
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted which does not conform with the standards established under the the Air Pollution Control Act, 35 P.S. §4101 et seq., as amended, and Title 25, Rules and Regulations, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article III, Air Resources.
§ 250-52 (((-513.))) Light, glare, and heat control.
All uses shall minimize the production of light, heat, or glare that is perceptible beyond any property line of the lot on which the light, heat, or glare is produced.
§ 250-53 (((-514.))) Electric, diesel, gas, or other power.
Every use requiring power shall be so operated that any service lines, substation, or other facility shall:
§ 250-54 (((-515.))) Control of radioactivity, electrical emissions, and electrical disturbances.
A.
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted which does not comply with the regulations of the Pennsylvania Department of Environmental Protection, Division of Radiology, the Federal Nuclear Regulatory Commission, and the Federal Interstate Commerce Commission.
B.
No person shall conduct or permit any use to be conducted which causes electrical disturbances (except from domestic household appliances) to adversely affect any equipment at any time other than the equipment creating the disturbance.
§ 250-55 (((-516.))) Traffic impact studies.
A.
A traffic impact study and report may be required by the Township for the following developments:
(1)
Residential developments of 50 or more dwelling units;
(2)
Planned Residential Developments (under Appendix A);
(3)
Any nonresidential development consisting of 25,000 square feet or more of total floor area;
(4)
Any development of a truck terminal as a principal use; and
(5)
Any other use expected to generate greater than 500 trips per day.
B.
The study will enable the Township to assess the impact of a proposed development on the traffic system. Its purpose is to ensure that proposed developments do not adversely affect the traffic network and to identify any traffic problems associated with access from the site onto the existing roads. The study's purpose is also to delineate solutions to potential problems and to present improvements to be incorporated into the proposed development. The traffic impact report shall be based on the following criteria:
(1)
General site description. The site description shall include the size, location, proposed land uses, construction, staging and completion date, and types of dwelling units. A brief description of other major existing and proposed land developments within one-half mile of the proposal which shall constitute the study area, except that a study area of one mile from the proposal shall be used for any commercial development of greater than 200,000 square feet of total floor area.
(2)
Traffic facilities description. The description shall contain a full documentation of the proposed internal and existing highway system. The report shall describe the external roadway system within the area. Major intersections in the area shall be identified and sketched. All future highway improvements which are a part of proposed surrounding developments shall be noted and included in the calculations.
(3)
Existing traffic conditions.
(a)
Existing traffic conditions shall be measured and documented for all streets and intersections in the area. Existing traffic volumes for average daily traffic, peak highway hour(s) traffic and for the hour(s) of predicted peak development-generated hour(s) traffic shall be recorded. Traffic counts at major intersections in the study area shall be conducted, encompassing the peak highway and predicted peak development-generated hour(s), and documentation shall be included in the report. A volume/capacity analysis based upon existing volumes shall be performed during the peak highway hour(s) and the predicted peak development-generated hour(s) for all streets and major intersections in the study area. Levels of service shall be determined for each major road segment and turning movement. Detailed traffic counts of existing local streets not provided or proposed for through-access are not required. A tabulation of accident locations during a recent three-year period shall be shown.
(b)
This analysis will determine the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or turning movements experiencing levels of Service D, E, or F, as described in Highway Capacity Manual, Special Report No. 209, dated 1985, shall be noted as congestion locations.
(4)
Traffic impact of the development. Estimation of vehicular trips to result from the proposal shall be computed from the average daily peak highway hour(s). Vehicular trip generation rates to be used for this calculation shall be obtained from the Trip Generation Manual, published by the Institute of Transportation Engineers, or, at the request of the Township, said calculations shall be substantiated by physical count at similar type developments. These estimated development-generated traffic volumes shall be provided for both inbound and outbound traffic movements, and the reference source(s) and methodology followed shall be documented. All turning movements shall be calculated. These estimated volumes shall be distributed to the area and assigned to the existing streets and intersections throughout the area. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to individual access points. Any characteristics for the site that will cause particular trip generation problems shall be noted. For retail sales uses, the increased traffic during the Christmas season and during weekends shall be forecast and analyzed.
(5)
Analysis of traffic impact.
(a)
The total future traffic demand shall be calculated. This demand shall consist of the combination of the existing traffic expanded to the completion year (straight line projections based on historical data), the development-generated traffic and the traffic generated by other proposed developments in the study area. A second volume/capacity analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made. This analysis shall be performed during the peak highway hour(s) and predicted peak development-generated hour(s) for all roadways and major intersections in the study area. Volume/capacity calculations shall be completed for all major intersections.
(b)
All access points shall be examined as to the necessity of installing traffic signals. This evaluation shall compare the projected traffic to State warrant regulations for traffic signal installation.
(6)
Conclusions and recommendations. Levels of service for all streets and intersections shall be listed. All streets and/or intersections showing a level of service below C shall be considered deficient, and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to, the following elements: internal circulation design, site access location and design, external roadway and intersection design and improvements, and traffic signal installation and operation including signal timing. All physical street improvements shall be shown in sketches.
(7)
Costs of needed projects. Approximate costs for all needed transportation improvements shall be developed within a defined impact area.
(8)
Administration.
(a)
The full cost of the traffic study and Township reviews of the study shall be borne by the applicant.
(b)
The traffic study shall be reviewed by the Township Engineer or other professional reviewer designated by the Township.
(c)
The Board of Supervisors shall provide the applicant with a list of four qualified traffic consultants. The applicant may negotiate costs with these four nominees, but is required to select one of them to accomplish the study.
(d)
The project manager for any traffic impact report shall be a professional traffic engineer or transportation planner with significant experience in traffic studies.
(e)
In place of individual traffic studies, the Board of Supervisors may by resolution establish a fee schedule for traffic studies. The applicant shall then pay such fees which shall be used for a coordinated study of more than one proposed development in an area of the Township.
(f)
The Board of Supervisors shall approve the traffic study as complete prior to granting final approval to a land development, subdivision or conditional use application, unless a specific process for determining any needed traffic improvements is made a condition of such approval.
(9)
Applicant's responsibilities. The applicant shall respond to the traffic impact report by stating to what degree he/she is willing to assist in funding or completing any off-site improvements that are needed and to state what on-site improvements he/she proposes. These improvements may include structural or nonstructural improvements. Nonstructural improvements include long-term commitments by employers or developers to support van pools, bus pools, staggered work hours, or public bus service.
(10)
Future stages of development. The traffic study shall include not only an analysis of one individual project proposed at one point in time, but also the overall projected impacts of future development of all nearby lands owned by the applicant or that the applicant has an option to purchase. The study shall include a projection of the traffic expected from this future development, using reasonable alternatives if no definite plans are available.
(11)
Other proposed development. The study should also take into account traffic that can be expected as a result of other development which has been approved and development for which plans have been submitted to the Township and are being actively pursued.
(12)
Timing of required traffic improvements. No occupancy permit shall be granted for a use or uses until such traffic improvements that have been required by PennDOT or the Township to serve the use are in place and operating, unless the Board of Supervisors require or allow funds for a required traffic improvement to be placed in a dedicated escrow account to be used when such improvements are warranted.