Emmaus City Zoning Code
PART 5
ENVIRONMENTAL PROTECTION
§ 27-501 Performance Standard Information.
[Ord. 776, 6/21/1993, § 501]
If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards of this Part, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards.
§ 27-502 Nuisances and Hazards to Public Safety.
[Ord. 776, 6/21/1993, § 502]
1.
No land owner, tenant or lessee shall use or allow to be used land or structures in a way that seriously threatens to or creates any of the following conditions:
B.
Significant physical hazards to the public, especially hazards that would be easily accessible by small children.
C.
Activity that prevents a neighboring landowner of ordinary sensitivities from making reasonable use of his/her property.
E.
Activity that causes serious pollution to groundwaters or surface waters.
2.
It is the responsibility of every property owner to ensure that his/her property does not threaten public health or safety, and to remove or alter any structure or situation that threatens the public health and safety. This includes, but is not limited to, structurally unsound structures, including those damaged by fire.
§ 27-503 Wetlands.
[Ord. 776, 6/21/1993, § 503; as amended by Ord. 802, 9/19/1994, § 2]
1.
If the Borough Engineer, Planning Commission or Borough Council has reason to believe that a portion of a site proposed to be altered may possibly meet the state or federal definitions of a "wetland," the applicants(s) may be required to provide a study, prepared by a qualified professional, which delineates that location of said wetlands. In addition to this study, all wetlands located on this site shall be properly identified, via metes and bounds descriptions with a reference tie to the perimeter property survey, on the corresponding subdivision and/or land development plan for the proposed development. Please note, however, that the Borough accepts no responsibility to identify all wetlands, or to warn all parties of such possibilities.
2.
A certification, which states that either the wetland area(s) shown have been delineated in accordance with current state and/or federal guidelines or that no wetlands exist on this site, shall be placed on all subdivision and/or land development plans and signed by a qualified professional.
3.
If it is found that the proposed work will be performed in wetlands, a Borough permit shall not be issued until such time as all necessary permits and approvals are first obtained from the appropriate federal and/or state agencies by the applicant(s). Copies of all federal and state permits and approvals shall be filed by the applicants(s) with the Borough at the time of permit application.
§ 27-504 Setback From Liebert's Creek and Major Drainage Channels.
[Ord. 776, 6/21/1993, § 504; as amended by Ord. 940, 1/7/2002, § 3]
1.
Purposes. To protect the water quality of surface waters, preserve physical access to surface waters in case of future public acquisition, minimize erosion and sedimentation, preserve the natural stormwater drainage system of the area, conserve sensitive wildlife and aquatic habitats, preserve vegetation along waterways that will help screen out eroded soil and other pollutants and provide for setbacks that can be used as required yard areas for a use.
2.
Setback From Liebert's Creek and Major Drainage Channels. No building or paved area (other than approved street and driveway crossings) shall be located within: (A) 50 feet of the center of Liebert's Creek; or (B) within 10 feet of the center of a segment of a drainage channel if such drainage channel is mapped as floodplain on the Official Floodplain Map. See the Official Floodplain Map in case a wider area is regulated under § 27-516 of this chapter.
3.
Exemption. The setbacks of this section shall not apply to public utility facilities or publicly-owned recreational facilities.
4.
Setback Areas and Construction. During any filling, grading or construction activity, all reasonable efforts shall be made to leave the setback areas of this section undisturbed, except at approved waterway crossings.
§ 27-505 Steep Slopes.
[Ord. 776, 6/21/1993, § 505; as amended by Ord. 940, 1/7/2002, § 2]
1.
Site Plan. If an area of a lot including slopes of 15% or greater is proposed for construction of buildings, streets or driveways or nonagricultural grading, then the applicant shall submit a steep slope site plan to the Zoning Officer. These submittal requirements may be met by including the required information on subdivision/land development plans.
2.
Submission Requirements. A steep slope site plan shall meet the following requirements:
A.
Show detailed existing and proposed slope contours for all areas that potentially may be disturbed and/or constructed upon.
B.
Identify all areas of 15% to 25% and greater than 25% slope.
C.
Be to scale (such as one inches equals 50 feet).
D.
Show substantial areas of trees and dense vegetation proposed to be removed or preserved prior to or during the development of the use.
E.
Be stamped by a professional surveyor, professional engineer, registered landscape architect or registered architect.
F.
Show proposed locations of principal buildings, streets, driveways, on-lot septic fields and other areas of soil disturbance.*
G.
State the maximum slope of proposed driveways and streets.
H.
Show an area of 20 feet around the proposed principal building locations.
*If the exact location of these features is not definitely determined at the time of plan submittal, then the plan shall designate the outer limits of areas where such features may potentially be located. If different locations outside of the approved location would be proposed after approval of the site plan, then the applicant shall prove to the Zoning officer that the revised location would still meet the requirements of this section.
3.
Fifteen Percent to 25%. If, within the C-R district, a proposed principal building location and any areas within 20 feet of such location on the lot include more than 500 square feet with 15% or greater slopes, but do not include more than 500 square feet with slopes greater than 25%, the following regulations shall apply, unless more restrictive regulations are stated elsewhere in this chapter:
4.
Greater Than 25%. If, within the C-R district, a proposed principal building location and any areas within 20 feet of such location on the lot include more than 500 square feet with slopes greater than 25%, then the following regulations shall apply, unless more restrictive regulations are stated elsewhere in this chapter:
5.
Streets, Driveways and Septic Systems. See applicable slope standards in the Borough Subdivision and Land Development Ordinance [Chapter 22]. See also Department of Environmental Protection regulations on slopes of on-lot septic systems.
6.
Erosion. See § 27-512.7.
7.
Grading. No grading shall occur in such a way that would circumvent the requirements of this chapter, such as prior to submittal for a zoning or building permit or subdivision or land development approval. The steep slope requirements shall apply based on the slope of land at the time of the adoption of this chapter.
8.
Man-made Slopes. This section shall not apply to man-made slopes that naturally were not 15% or greater slope.
§ 27-506 Storage of Explosive and Hazardous Substances.
[Ord. 776, 6/21/1993, § 506]
1.
Above-Ground Storage. No above-ground or surface storage of highly flammable or explosive liquids, solids, gases or chemicals shall be stored in bulk, except tanks or drums of fuel for on-site use and that involve the following and closely similar substances: building heating fuels, fire suppression chemicals, fertilizers, janitorial chemicals and printing supplies. See fencing requirement in § 27-513.
2.
Water Quality Hazards.
A.
No substance shall be stored in such a way that it could be washed into the groundwater or surface water, if such substance could seriously contaminate groundwater or surface water or seriously harm aquatic life of a waterway.
B.
If a substance threatens groundwater or surface water contamination, it shall be stored within an impermeable containment. Such storage shall be surrounded if needed by a berm that would drain any spilled substance to an engineered collection area, or other method that the applicant proves to the satisfaction of the Borough Engineer is safe.
§ 27-507 Sewage Disposal.
[Ord. 776, 6/21/1993, § 507; as amended by Ord. 940, 1/7/2002, § 2]
All methods of wastewater disposal shall meet the requirements of the Department of Environmental Protection, the Borough and the Official Borough Sewage Facilities Plan, as amended, as applicable. See also the Borough Ordinance requiring connections to the public sewage system.
§ 27-508 Noise.
[Ord. 776, 6/21/1993, § 508]
1.
No land use or its equipment or business operations 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 | ||
10 feet inside the lot line of a lot within a residential district that includes a residential use | 1) | 7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Years Day, 4th of July, Labor Day and Memorial Day | 1) | 70 dBA |
2) | 9:00 p.m. to 7:00 a.m. plus all day Sundays, Christmas Day, Thanksgiving Day, New Years Day, 4th of July, Labor Day and Memorial Day | 2) | 65 dBA | |
10 feet inside the lot line of a lot within an industrial district | All times and days | 79 dBA | ||
10 feet inside any lot line not listed above | All times and days | 70 dBA | ||
NOTE: dBA means "A" weighted decibel. |
2.
For any source of sound which emits a pure tone, the maximum sound level limits set forth in the above table shall be reduced by five dBA.
3.
The maximum permissible sound level limits set forth in the above table shall not apply to any of the following noise sources:
A.
Sound needed to alert people about an emergency.
B.
Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7:00 a.m. and 9:00 p.m., except for clearly emergency repairs which are not restricted by time.
C.
Household power tools and lawnmowers between the hours of 8:00 a.m. and 9:00 p.m.
D.
Agricultural activities, including permitted raising of livestock.
E.
Railroads and aircraft.
F.
Public celebrations specifically authorized by Borough Council or a county, state or federal government agency or body.
G.
Unamplified human voices or dogs, other than from a commercial kennel.
H.
Routine ringing of bells and chimes by a place of worship or municipal clock.
I.
Licensed motor vehicles operating on public streets, which are regulated by decibel levels established by the state.
4.
See also the separate Borough noise ordinance, especially for sources of noise other than land uses.
§ 27-509 Vibration.
[Ord. 776, 6/21/1993, § 509]
No use shall generate vibration that is perceptible to an average person through his/her senses, without the use of measuring instruments, on private property beyond the exterior lot line of the use generating the vibration. This requirement shall not apply to occasional nonroutine blasting that may be necessary during construction of streets, structures and utilities. Any blasting shall be conducted in a manner that protects the structural integrity of surrounding properties.
§ 27-510 Odors, Dust and Air and Water Pollution.
[Ord. 776, 6/21/1993, § 510]
1.
Odors and Dust. No use shall generate odors or dust that are significantly offensive to persons of average sensitivities beyond the boundaries of the subject lot.
2.
Air and Water Pollution. All uses shall comply with federal and state air and water pollution regulations as a condition of any Borough permit.
§ 27-511 Light, Glare and Heat Control.
[Ord. 776, 6/21/1993, § 511]
1.
Street Lighting Exempted. This § 27-511 shall not apply to street lighting that is owned, financed or maintained by the Borough or the state.
3.
Height of Lights. No luminaire, spotlight or other light source that is within 200 feet of a dwelling or residential district shall be placed at a height exceeding 35 feet above the average surrounding ground level. This limitation shall neither apply to lights needed for air safety nor to lights intended solely to illuminate an architectural feature of a building.
4.
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.
5.
Shielding. All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings or undeveloped residentially-zoned areas, and to prevent the lighting from shining into the eyes of passing motorists.
6.
Maximum Candlepower. No lighting source, including signs, shall spill over a lot line in such a way as to cause an illumination of greater than the following amounts, measured at night on the surface of the receiving residential lot line:
7.
Flickering. Flashing, flickering or strobe lighting are prohibited, except for nonadvertising seasonal lights between October 25th and January 10th.
8.
Measurement. The maximum illumination levels of this section shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye. A foot-candle is defined as a unit of measurement equalling the illumination on a surface one square foot in area where there is a distribution of light having a candlepower of one candela.
§ 27-512 Grading and Erosion Control.
[Ord. 776, 6/21/1993, § 512]
1.
Grading and Excavation. See § 22-507 of the Subdivision and Land Development Ordinance [Chapter 22]. Bulk amounts of soil or minerals shall neither be removed from a lot nor shall a lot be regraded unless a zoning permit is issued for such work or as part of the approved work within an approved subdivision or land development.
2.
Erosion Control. All Borough permits are granted on the condition that state erosion and sedimentation regulations and any officially submitted erosion and sedimentation plan are complied with. The Zoning Officer may require the submittal of an erosion and sedimentation control plan with review by the County Conservation District wherever soil will be disturbed. Failure to comply with such regulations or plan shall be cause for suspension of Borough permits.
3.
Unstable Slopes. Slopes that would have the serious threat of instability, in the determination of the Borough Engineer, shall not be created. The Zoning Officer may require that the applicant provide certification from a professional engineer that finished slopes greater than 4:1 will be stable.
4.
Drainage. The ground adjacent to a building shall be graded so that surface water will be drained away from such building.
5.
Grading, excavation or movement of materials shall not be completed in such a way that soils, rocks or other debris are left in an unsightly fashion nor in a fashion that interferes with drainage, streets or utilities.
§ 27-513 Placement and Screening of Waste Containers and Outdoor Machinery and Fencing of Storage.
[Ord. 776, 6/21/1993, § 513]
1.
Placement. Whenever reasonable, commercial, industrial and institutional outdoor machinery that could create a noise nuisance shall be placed towards a side of a building that does not face an abutting existing dwelling, residential district, school or other noise sensitive use.
2.
Safety. General types of toxic, biological, electrical and other significant hazards involving stationary outdoor machinery and storage shall be marked with signs.
3.
Solid Waste Containers.
A.
Screening. All trash dumpsters shall be screened on three of four sides (not including the side it is to be emptied from) as needed to screen the dumpster from view from public streets or dwellings on abutting lots. A solid wooden fence, brick wall, evergreen plants or structure designed to be architecturally compatible with the principal building shall be used for such screening.
B.
Setback from Dwellings. If physically possible, any solid waste container with a capacity of over 15 cubic feet shall be kept a minimum of 15 feet from a dwelling unit on an abutting lot.
C.
Food Sales. Any use that involves the sale of ready-to-eat food for consumption outside of a building shall provide and maintain adequate outdoor solid waste receptacles at convenient locations on the property for customer use.
4.
Fencing of Outdoor Storage and Machinery. The following shall be secured by fencing or walls that are reasonably adequate to make it extremely difficult for small children to enter:
§ 27-514 Radioactivity and Electrical Disturbances.
[Ord. 776, 6/21/1993, § 514; as amended by Ord. 940, 1/7/2002, § 2]
1.
No use shall routinely cause electrical, radio or electromagnetic disturbances to equipment on other lots.
2.
No radioactive wastes shall be disposed of in any district, and no radioactive wastes shall be stored on a lot for longer than 90 days after their active use is completed. See also Pennsylvania Department of Environmental Protection regulations.
§ 27-515 Tree Preservation. (See also, "Forestry, Commercial" in § 27-402.)
[Ord. 776, 6/21/1993, § 515]
1.
Intent. To protect wildlife and bird habitats, encourage groundwater recharge, avoid pollution of creeks by high temperature runoff, maintain the attractive character of areas and conserve energy.
2.
Tree Removal.
A.
The provisions of this section shall not apply to:
B.
Except as permitted in subsection (A), above, a maximum of 10 trees per lot, or on any combination of adjoining lots in common ownership, with a trunk diameter of six inches or more (measured at a height four feet above original grade) shall be removed in any calendar year, in addition to any additional tree(s) that meets or will meet one or more of the following conditions:
(1)
Is located within 10 feet of an uncurbed vehicular cartway.
(2)
Is within a proposed or existing vehicular cartway, shoulder or sidewalk.
(3)
Is within 10 feet of an approved stormwater detention basin, paved area, driveway or on-lot sewage system.
(4)
Is within 25 feet of the foundation of an approved structure.
(5)
Is within an approved utility corridor.
(6)
Is diseased, dead or poses a clear danger to a structure, utility or public improvement.
(7)
Is a hazard to vehicular sight distance.
(8)
Is clearly of old age and unhealthy and cannot reasonably be expected to live for more than an additional five years.
(9)
Is within an area of an approved principal or accessory use that clearly requires the removal of the tree.
(10)
Is within an area that must be cleared to develop an approved golf course.
(11)
Is necessary to allow longer rows for crop farming.
4.
Applicability. This section shall not apply to an owner of a residential lot of less than one acre after occupancy.
§ 27-516 Floodplain Area Regulations.
[Ord. 776, 6/21/1993, § 516; as amended by Ord. 940, 1/7/2002, §§ 1-3, 6, 9]
1.
Purposes.
A.
To regulate development in areas of the Borough where streams are known to possess flooding characteristics and/or chronic wetness which, if indiscriminately developed, could pose hazards to the public health, safety and welfare due to flood and pollution and to regulate development in areas of known flooding in the Borough.
B.
To reduce the financial burden imposed on the Borough, its governmental units and its individuals by frequent and periodic floods and overflows on lands.
C.
To permit certain uses which can be appropriately located in such areas and which will not impede the flow of flood waters, or otherwise cause danger of life and property at, above or below their locations along areas subject to flooding.
D.
To provide sufficient drainage courses to carry abnormal flows of stormwater in periods of heavy precipitation.
E.
To regulate development in flood hazard areas in accordance with the Federal Insurance Administration's requirements for flood management and the Pennsylvania Floodplain Management Act, 32 P.S. § 679.101 et seq.
2.
Designations. Flood hazard areas are designated and interpreted as follows:
A.
Identification of Floodplain Ares.
(1)
Identification. The identified floodplain area shall be those areas of the Borough of Emmaus which are subject to the one-hundred-year flood, as identified in the Flood Insurance Study (FIS) dated November 7, 2001, and the accompanying maps prepared for the Borough by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.
(2)
Description of Floodplain Areas. The identified floodplain area shall consist of the following specific areas:
(a)
FW (Floodway Area). The areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
(b)
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated.
The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
(c)
FA (General Floodplain Area). The areas identified as Zone A in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
In lieu of the above, the Borough may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough.
(3)
Changes in Identification of Area. The identified floodplain area may be revised or modified by the Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
B.
When exact measurements do not exist, the boundaries of the flood hazard areas shall be determined by scaling distances off the Flood Insurance Rate Map. A person who contests the location of a boundary as shown on the map and is denied a permit shall appeal the denial to the Zoning Hearing Board. The person contesting the location of a flood hazard area shall have the burden of establishing that the land does not lie within a flood hazard area.
C.
Records of elevations of the lowest floor (including basement) and floodproofing levels shall be obtained and maintained for all new or substantially improved structures in the flood hazard areas and shall indicate whether or not such structures contain a basement.
D.
With any FW (Floodway Area), the following provisions apply:
(1)
Any new construction, development, use, activity, or encroachment that would case any increase in flood heights shall be prohibited.
(2)
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
E.
Within any FE (Special Floodplain Area) or FA (General Floodplain Area), the following provisions apply:
(1)
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
(2)
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3)
Any new construction or development, which would cause any increase in flood heights, shall be prohibited within any floodway area.
F.
Elevation and Floodproofing Requirements.
(1)
Residential Structures. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
(2)
Non-residential Structures.
(a)
Within any identified floodplain area, any new construction or substantial improvement of a non-residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(b)
Any non-residential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the one-hundred-year flood elevation shall be floodproofed in a completely or essentially dry manner in accordance with the WI or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or which some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
(3)
Space Below the Lowest Floor.
(a)
Fully enclosed space below the lowest floor (including basement) is prohibited.
(b)
Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces.
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(i)
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(ii)
The bottom of all openings shall be no higher than one foot above grade.
(iii)
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
3.
Permits Required in Flood Hazard Areas.
B.
A permit is required for all proposed construction, development and any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
C.
All necessary permits shall have been received from governmental agencies from which approval is required by federal or state law, including provisions of the U.S. Water Pollution Control Act of 1972.
4. BASEMENT COMPLETELY DRY SPACE DEVELOPMENT FIA FLOOD FLOODPLAIN AREA FLOODPROOFED FLOODWAY HISTORIC STRUCTURE
IDENTIFIED FLOODPLAIN AREA LOWEST FLOOR MANUFACTURED HOME MINOR REPAIR NEW CONSTRUCTION ONE-HUNDRED-YEAR FLOOD (BASE FLOOD) PERMANENT PERSON RECREATIONAL VEHICLE REGULATORY FLOOD ELEVATION STRUCTURE SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENTA. B.
Definitions. The following terms shall have the following definitions for the purposes of this section:
Any area of the building having its floor below ground level on all sides.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Any man-made change to improved or unimproved real estate including, but not limited to, the construction, reconstruction, renovation, repair, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
U.S. Flood Insurance Administration.
A temporary inundation of normally dry land areas.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purpose of this Part, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
Any structure that is:
(1) | Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register. | ||
(2) | Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district. | ||
(3) | Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior. | ||
(4) | Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: | ||
(a) | By an approved state program as determined by the Secretary of the Interior; or | ||
(b) | Directly by the Secretary of the Interior in states without approved programs. | ||
The floodplain area specifically identified in this Part as being inundated by the one-hundred-year flood.
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this Part.
A structure transportable in one or more sections which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after the effective date of this chapter and includes any subsequent improvements thereto.
A flood that has one chance in 100 or a 1% chance of being equaled or exceeded in any given year.
Having a life span of six months or more at a particular location.
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
A vehicle which is (i) built on a single chassis; (ii) not more than 400 square feet, measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; (iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above-ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or,
Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
5.
Flood Hazard Use Regulations. On any site or portion of a site which is located in a flood hazard area, the use regulations of the district in which the site is located shall apply except that the following uses shall be prohibited:
A.
All new or substantially improved residential dwellings and commercial, institutional or industrial structures, including hospitals, nursing homes, jails and manufactured homes and their accessory structures.
B.
Hazardous Substances. Any new or substantially improved structure which will be used for the production or storage of any of the following materials or substances, or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume, or any amount of radioactive substances) of any of the following materials or substances on the premises: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products (such as gasoline or fuel oil), phosphorus, potassium, sodium, sulphur and sulphur products, pesticides (including insecticides, fungicides and rodenticides) and radioactive substances, insofar as such substances are not otherwise regulated, and substances and materials defined by applicable federal and state regulations as toxic or hazardous.
C.
The filling of marshlands, dredging, removal of topsoil or damming or relocation of any watercourse except after the issuance of any applicable permit from Pennsylvania Department of Environmental Protection and the Army Corps of Engineers.
6.
Other Flood Hazard Area Requirements.
A.
Any renovations or additions to existing residential structures shall be made so that the lowest floor (including basement) is elevated to or above the base flood level unless an exception for the allowance of basements and/or storm cellars is granted by the FIA.
B.
Any renovations or additions to existing nonresidential structures shall be made so that the lowest floor (including basement) is elevated to or above the base flood level; or together with the attendant utility and sanitary facilities, is floodproofed to or above the base flood level.
(1)
Where floodproofing is used in lieu of elevation, a registered professional engineer or architect shall record and certify that the floodproofing methods used are adequate to withstand the forces associated with the base flood; or shall submit to the FIA for approval, local regulations containing detailed floodproofing specifications which meet the watertight performance standards.
C.
Data on one-hundred-year flood elevations shall be submitted by the applicant.
D.
New and replacement public and private water, sewer, electrical and other utility and facility lines shall be designed, located and constructed to minimize or eliminate flood damage. No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
E.
Renovations or additions to existing structures shall be anchored to prevent flotation, collapse and lateral movement and be constructed with flood resistant materials and methods.
F.
Manufactured homes shall be prohibited in any location within the flood hazard area.
G.
Pilings or columns rather than fill, for the elevation of structures within floodplain areas, shall be required in order to maintain the storage capacity of the floodplain and to minimize the potential for negative impacts to sensitive ecological areas.
H.
Issuance of Building Permit.
(1)
The Building Permit Officer shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(2)
Prior to the issuance of any building permit, the Building Permit Officer shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
(3)
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development shall be notified by the Borough prior to any alteration or relocation of any watercourse.
I.
Design and Construction Standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(1)
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(2)
Water and Sanitary Sewer Facilities and Systems.
(a)
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.
(c)
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(3)
Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(4)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(5)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 27-516(6)(J), "Development Which May Endanger Human Life," shall be stored at or above the regulatory flood elevation and/or flood proofed to the maximum extent possible.
(6)
Placement of Buildings and Structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.
(7)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(8)
Floors, Walls and Ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(b)
Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
(c)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are "water-resistant" and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other "water-resistant" material.
(9)
Paints and Adhesives.
(a)
Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or "water-resistant" quality.
(b)
Adhesives used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or "water-resistant" paint or other finishing material.
(11)
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(12)
Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.
J.
Development Which May Endanger Human Life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
(a)
Will be used for the production or storage of any of the following dangerous materials or substances; or,
(b)
Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or,
(c)
Will involve the production, storage, or use of any amount of radioactive substances;
shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(a) | Acetone. | |
(b) | Ammonia. | |
(c) | Benzene. | |
(d) | Calcium carbide. | |
(e) | Carbon disulfide. | |
(f) | Celluloid. | |
(g) | Chlorine. | |
(h) | Hydrochloric acid. | |
(i) | Hydrocyanic acid. | |
(j) | Magnesium | |
(k) | Nitric acid and oxides of nitrogen. | |
(l) | Petroleum products (gasoline, fuel oil, etc.). | |
(m) | Phosphorus | |
(n) | Potassium | |
(o) | Sodium | |
(p) | Sulphur and sulphur products. | |
(q) | Pesticides (including insecticides, fungicides, and rodenticides). | |
(r) | Radioactive substances, insofar as such substances are not otherwise regulated. |
(2)
Within any FW (Floodway Area), any structure of the kind described in Subsection (1), above, shall be prohibited.
(3)
Within any FE (Special Floodplain Area) or FA (General Floodplain Area), any new or substantially improved structure of the kind described in Subsection (1), above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(4)
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in subsection (1), above, shall be:
(a)
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood and,
(b)
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations (U.S. Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
K.
Floodproofing. Any structure, or part thereof, that will be built below the one-hundred-year flood elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing contained in the publication "Floodproofing Regulations" (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or such successor provisions, or with some other equivalent watertight standard acceptable to the Borough Building Inspector.
L.
Existing Structures in Identified Floodplain Areas.
(1)
Existing Structures. The provisions of this Part do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of subsection (2) shall apply.
(2)
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(a)
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred-year flood.
(b)
No expansion or enlargement of an existing structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.
(c)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Part.
(d)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% or more of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
7.
A regulatory floodway is hereby adopted as that area within the flood hazard area indicated on the Federal Insurance Administrator's Flood Boundary and Floodway Map. The regulatory floodway shall be designed to carry the waters of the base flood without increasing the base flood level more than one foot at any point. In the regulatory floodway, any development, substantial improvement or encroachment (including fill) which will result in any increase in flood levels during the base flood discharge is prohibited.
8.
Areas Between the One-Hundred-Year and Five-Hundred-Year Floodplain. Where permitted within any area lying between the one-hundred-year and a defined five-hundred-year floodplain, any structure of the kind described in subsection (5), above, shall be:
9.
Variances in the Flood Hazard Areas Granted by the Zoning Hearing Board. In addition to the factors stipulated in Part 1 of this chapter for a variance, the following requirements shall be applicable:
A.
Variances shall not be issued within the designated floodway if any increase in flood levels during the base flood discharge would result.
B.
Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this section.
C.
The applicant shall be notified in writing over the signature of a Borough official that:
D.
Variances.
(1)
General. If compliance with any of the requirements of this Part would result in an exceptional hardship to a prospective builder, developer or landowner, the Borough may, upon request, grant relief from the strict application of the requirements.
(2)
Variance Procedures and Conditions.
(a)
If granted, a variance shall involve only the least modification necessary to provide relief.
(b)
In granting any variance, the Borough shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this Part.
(c)
In reviewing any request for a variance, the Borough shall consider, at a minimum, the following:
(i)
That there is good and sufficient cause.
(ii)
That failure to grant the variance would result in exceptional hardship to the applicant.
(iii)
That the granting of the variance will (i) neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, (ii) nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(d)
A complete record of all variance requests and related actions shall be maintained by the Borough. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
§ 27-517 Karst Hazards.
[Ord. 776, 6/21/1993, § 517; as added by Ord. 802, 9/19/1994, § 3]
1.
Purpose. The purpose of this section is to recognize the potential for damage to public and private improvements, human injury or death, and the disruption of vital public services which may arise by the potential for sinkholes and/or subsidence within areas of carbonate geology. A further purpose of this section is to minimize the potential for such sinkhole and/or subsidence occurrence and to protect the ground water resource. Should the regulations of this and other applicable regulations conflict, the most stringent regulations shall apply.
2.
Disclaimer of Liability. Wheras the exact occurrence of sinkholes and/or subsidence is not predictable, the administration of these regulations shall create no liability on behalf of the Borough Engineer, Borough employees or Borough agencies as to damages which may be associated with the formation of sinkholes or subsidence. That is, compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. The Borough, its agencies, consultants and employees assume no liability for any financial or other damages which may result from sinkhole activity.
3.
Karst Hazard Indicator Map. Areas of the Borough in which Karst features are believed more likely to be present are shown on the Karst Indicator Map at the end of this chapter. These areas of the "carbonate" areas shown on the map. The sinkholes, quarries, limonite excavations, solution pans, closed, semi-closed or linear depressions and iron surface mines delineated on the Karst Hazard Indicator Map were taken from two sources. (1) Sinkholes and Karst related features mapping for Lehigh County prepared by the Commonwealth of Pennsylvania Department of Environmental Resources, Bureau of Topographic and Geologic Survey (open file report 8701); (2) the Little Lehigh Creek Basin Carbonate Prototype Area Closed Depression Map prepared by R.E. Wright Associates, Inc. The Karst Hazard Indicator Map is intended as a tool to assist applicants and the Borough in identifying Karst hazard areas. However, the Karst Hazard Indicator Map is not the exclusive tool for locating Karst features. The Borough shall also utilize generally accepted geological techniques to locate such features.
4.
Procedures.
A.
As part of the preliminary plan requirements for all subdivisions and land developments the applicant shall engage a qualified professional to review the existing aerial photos, soils, geological and related data available to him as it may pertain to the subject property and to make a site inspection of the property.
B.
A site inspection by the applicant's professional using all available data and with such assistance as is needed shall determine the presence or absence of Karst surface features of the site, and locate the same if present on a site plan at a scale no smaller than one inch to 100 feet. In particular, the following features shall be located, if present on, the site:
Closed depressions; | |
Open sinkholes; | |
Seasonal high water table indicators; | |
Unplowed areas in plowed fields; | |
Surface drainage into ground; | |
Limonite excavations and quarries; | |
Any Karst feature shown on the Karst Features Indicator Map. |
C.
The applicant must provide the Borough with a map at a scale of one inch to 100 feet that shows the Karst features listed in subsection (4)(B).
D.
Based upon the site inspection, the applicant's professional shall determine what further testing should be done by the applicant to ensure compliance with performance standards set forth in subsection (4)(B). Testing methodology shall be reasonable under the circumstances, including (1) the scale of the proposed development; and (2) the hazards revealed by examination of available data and site inspection.
E.
The applicant shall cause the additional testing, if any to be effected, and shall submit test results to the Borough Engineer.
F.
The Borough Engineer shall report to the Borough Planning Commission and/or Council, with a copy to the applicant, his opinion concerning the adequacy of the report submitted based upon the scale of the development and the hazards revealed by the report, and shall make recommendations to the Planning Commission and/or Council based upon the report submitted concerning site development, including stormwater management, the layout of utility lines and building location. The Borough Engineer may require the applicant to perform such additional testing as may be appropriate.
5.
Performance Standards.
A.
All applicants for subdivisions or land developments shall comply with the requirements of this Part regarding Karst hazards.
B.
No stormwater detention facility shall be placed within 100 feet of the features listed in subsection (4)(B), unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.
C.
No stormwater swale with design flows in excess of 10 cubic feet per second for the ten-year flood may be constructed within 100 feet of the features listed in subsection (4)(B), unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.
D.
No storm sewer pipe shall be constructed within 100 feet of the features listed in subsection (4) (B) unless it is concrete pipe utilizing 0-ring joints.
E.
No principal or accessory building, no structure and no impervious surface shall be located closer than 100 feet from the edge of the features listed in subsection (4) (B) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.
F.
No septic systems or tile field, no swimming pool, no solid waste disposal area, transfer area or facility, no oil, gasoline, salt or chemical storage area, and no blasting for quarry or well enhancement activities shall occur within 100 feet of the features listing in subsection (4)(B) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.
G.
Soil erosion and sedimentation control plans filed with the County Soil Conservation Service shall detail safeguards to protect identified Karst features.
H.
All water, sanitary sewer and storm sewer lines located in a Karst hazard area shall be so constructed as to not permit the flow of water along the utility line trench, and shall be imperviously diked at thirty-foot intervals.
§ 27-518 Alluvial Soils Areas.
[Ord. 776, 6/21/1993, § 518; as added by Ord. 802, 9/19/1994, § 4; as amended by Ord. 940, 1/7/2002, § 1]
1.
Determination of Alluvial Soils Areas.
A.
The following soil types have been designated as "alluvial soils" by the Soil Conservation Service, U.S. Department of Agriculture, and are identified as "soils subject to flooding" on the soil maps published in the Soil Survey for Lehigh County, Pennsylvania, issued November 1963:
Aw | Atkins silt loam | |
Ln | Linside silt loam | |
Mh | Melvin silt loam | |
MkA | Melvin silt loam, local alluvium, 0-3% slopes | |
MkB | Melvin silt loam, local alluvium, 3-8% slopes |
B.
The Borough Zoning Officer shall require that a detailed on-site survey be made (by a qualified engineer, soil scientist or qualified sanitarian approved by the Borough Council) in accordance with accepted on-site survey techniques to determine the exact extent and nature of all areas susceptible to potential problems of flooding, wetness or pollution before issuing a zoning permit for:
2.
Use Regulations. The following uses shall be prohibited on any portion of a site which, upon completion of the detailed on-site survey mentioned in subsection (1)(B), is found to contain potential hazards due to flooding, wetness or pollution:
A.
All new or substantially improved residential dwellings and commercial, institutional or industrial structures, including hospitals, nursing homes, jails and manufactured homes and their accessory structures.
B.
Any new or substantially improved structure which will be used for the production or storage of any of the following materials or substances, or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume, or any amount of radioactive substances) of any of the following materials or substances on the premises: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products (such as gasoline or fuel oil), phosphorus, potassium, sodium, sulphur and sulphur products, pesticides (including insecticides, fungicides and rodenticides) and radioactive substances, insofar as such substances are not otherwise regulated, and substances and materials defined by applicable federal and state regulations as toxic or hazardous.