Lehigh Township Northampton County
City Zoning Code
City Zoning Code
ARTICLE IV
Environmental Protection Standards
§ 180-47 Earthmoving activities; soil erosion and sedimentation control.
The landowner, person and/or entity performing any earthmoving (as defined by this chapter) shall comply with the following requirements:
A.
Where topsoil is removed, sufficient arable topsoil shall be set aside for respreading over the affected area. Upon the completion of operations, such topsoil shall be respread over the affected area to a minimum thickness of two inches or in conformance with an approved soil rehabilitation plan which specifies the proposed thickness of the respread layer of topsoil.
B.
Stripping of vegetation, regrading or other earthmoving shall be done in such a way that will minimize erosion. The earthmoving performed shall preserve salient natural features, keep cut and fill operations to a minimum and ensure conformity with existing topography so as to create the least erosion potential and to handle adequately the volume and velocity of surface water runoff.
C.
Wherever feasible, natural vegetation (other than noxious weeds) shall be retained, protected and supplemented.
D.
The disturbed land area and the duration of exposure shall be kept to a practical minimum.
E.
Temporary vegetation or mulching shall be used to protect exposed critical areas during the earthmoving process. Critical areas shall generally include slopes over 15%, wetlands and areas within 50 feet of a bank of a waterway.
F.
Permanent vegetation and all erosion control and drainage measures shall be installed as soon as practical in the earthmoving area.
G.
Provisions shall be made to accommodate effectively the increased runoff caused by changed soil and surface conditions during and after the performance of the earthmoving. Where necessary, the rate of surface water runoff shall be structurally retarded.
H.
Sediment in the runoff water shall be trapped until the disturbed land area is stabilized by the use of debris basins, sediment basins, silt traps or other similar measures. Refer to stabilization requirements of the Pennsylvania Department of Environmental Protection, Northampton County Conservation District, and standards in the Erosion and Sedimentation Pollution Control Manual.
[Amended 10-11-2016 by Ord. No. 2016-5]
I.
The deposit or tracking of any mud, soils, detritus or other debris in or on any surrounding properties, public or private streets, sewers, water systems (public, private or on lot), watercourses, or wetlands attributable to any earthmoving activity is hereby prohibited.
J.
All earthmoving shall comply with the erosion and sediment pollution control regulations of Title 25, Chapter 102, of the Pennsylvania Code.
[Amended 10-11-2016 by Ord. No. 2016-5]
K.
No earthmoving activity regulated by this chapter shall take place unless one of the following have occurred:
[Amended 10-11-2016 by Ord. No. 2016-5]
(1)
The Township Engineer has reviewed and approved an adequate erosion and sediment pollution control plan;
(2)
The Northampton County Conservation District (or successor agency) has reviewed and approved an adequate erosion and sediment pollution control plan;
(3)
The Zoning Officer has determined that an erosion and sediment pollution control plan is not required.
L.
Each of the following earthmoving activities shall require the approval of an adequate erosion and sedimentation control plan from the Northampton County Conservation District:
[Amended 10-11-2016 by Ord. No. 2016-5]
(1)
Earthmoving activities with a limit of disturbance of 25,000 square feet or greater.
(2)
Earthmoving activities with a limit of disturbance of 5,000 square feet or greater, but less than 25,000 square feet that have the potential to affect, or are adjacent to sensitive environmental or topographic features as determined by the Township Zoning Officer.
(3)
Earthmoving within, involving or affecting any wetlands or watercourses as defined by this chapter.
(4)
Earthmoving involving or affecting the one-hundred-year floodplain, as depicted on Flood Hazard Boundary Maps (latest revision) prepared by the Federal Emergency Management Agency, Federal Insurance Administration.
(5)
Earthmoving within, involving or affecting any dam or natural or man-made waterway or watercourse.
(6)
Commercial forestry, other than routine thinning of woods.
M.
Any earthmoving that causes a plan to be required and to be submitted to the Northampton County Conservation District shall be subject to the following requirements:
(1)
The landowner and/or person or entity performing the earthmoving shall be solely responsible for timely submission to the County Conservation District, including payment of any required fees, completing required application forms, addressing review comments and resubmitting revisions as necessary for adequacy.
(2)
Earthmoving activities shall comply with all requirements of Title 25, Chapter 102, of the Pennsylvania Code as well as comments or guidelines issued by the Northampton County Conservation District, and the approved erosion and sediment pollution control plan.
[Amended 10-11-2016 by Ord. No. 2016-5]
(3)
The Zoning Officer or designated Township official may delay or suspend the issuance of a building permit, zoning permit, occupancy permit, sewage facilities permit, driveway permit or any other Township permit until a landowner, person and/or entity performing any earthmoving is in compliance with this chapter. All Township permits shall be issued with the condition that all earthmoving regulations and plans have been complied with.
(4)
The following approvals/permits may also be applicable where earthmoving activities are conducted:
(a)
NPDES permits for stormwater discharges from construction activities.
(b)
Erosion and sedimentation control plan (such as plans for a subdivision).
(c)
DEP surface mining permit.
(d)
State or federal statues, regulations or laws that clearly and specifically preempt this section.
(e)
Routine agricultural activities subject to compliance with a soil conservation plan.
(5)
Slopes that pose a threat of instability, in the opinion of the Township 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.
(6)
The ground adjacent to any building shall be graded so that surface water will be drained away from the structure. Drainage shall be directed and controlled only as indicated on drainage plans approved by the Township.
(7)
No grading shall be conducted that leaves soils, rocks or other debris in an unsightly condition.
(8)
Materials used for fill as a future base for construction shall be nonbiodegradable and well compacted and provide a suitable and secure base. The Zoning Officer may require the submission of an approved erosion and sedimentation control plan prior to any earth fill operations.
(9)
Outdoor disposal or burial of junk or solid waste is prohibited, except as is specifically permitted as part of an approved solid waste disposal facility, composting facility or junkyard.
§ 180-48 Nuisances and hazards to public safety.
A.
No landowner, tenant or lessee shall use or allow to be used any land or structure in a way that results or threatens to result in any of the following conditions:
(1)
Transmission of communicable disease, including conditions that may encourage the breeding of insects or rodents.
(2)
A physical hazard to the public, or a physical hazard that could be accessible by children.
(3)
Pollution to groundwaters or surface waters, other than as authorized by a state or federal permit.
(4)
Risks to public health and safety, such as but not limited to explosion, fire or biological hazards to toxic substances.
(5)
Interference with the reasonable use and enjoyment of nearby properties.
B.
It is the responsibility of every property owner to ensure that his actions and/or activities do not directly or indirectly threaten public health or safety. Property owners shall be obligated to take prompt remedial action to resolve or remove hazards to the public health and safety. This shall include, but is not limited to, removal, securing or restoration of structures that are structurally unsound or damaged by fire.
§ 180-49 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 in this section in the following table when measured at or within the property boundary of the receiving land use.
B.
The following shall be the maximum sound levels for the stated times. The sound levels shall be measured at the lot line of the receiving dwelling or zoning boundary.
Sound Level Limits by Receiving Land Use and Time | |||
|---|---|---|---|
Receiving Land Use | Time | Sound Level Limit | |
A/RR Residential | 7:00 a.m. to 9:00 p.m. | 57 dBA | |
District or lot line of existing dwelling or hospital | 9:00 p.m. to 7:00 a.m. plus Sundays and holidays | 53 dBA | |
Commercial or RC District | At all times | 64 dBA | |
Industrial District | At all times | 69 dBA | |
C.
For any source of sound which emits a pure tone, the maximum sound-level limits set forth in this section shall be reduced by five dBA.
D.
The maximum permissible sound-level limits set forth in this section shall not apply to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting persons to an emergency.
(2)
Repair or construction work to provide electricity, water or other public utilities within the hours of 7:00 a.m. to 9:00 p.m., except for clearly emergency repairs which are not restricted by time.
(3)
Household power tools and lawn mowers between the hours of 8:00 a.m. and 9:00 p.m.
(4)
Construction operations and repairs of public facilities within the hours of 7:00 a.m. to 9:00 p.m., except for emergency repairs.
(5)
Agricultural activities, including livestock. A commercial kennel shall comply with this chapter.
(6)
Public celebrations specifically authorized by the Township.
(7)
Railroads.
(8)
Unamplified human voices.
(9)
Routine ringing of bells and chimes by a place of worship.
E.
Impulsive sounds. 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 or receiving land use.
§ 180-50 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 public property or public right-of-way).
B.
For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
§ 180-51 Air pollution and odors.
A.
Air pollution. All uses shall comply with applicable state and federal air pollution laws and regulations.
B.
Odors. No use shall generate odors that would be seriously offensive to persons of average sensibilities beyond the boundaries of a lot line. Note: This provision relating to odors shall not be enforced in a manner that would conflict with the Pennsylvania Right to Farm Act.[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq.
C.
Any storage or spreading of manure, septage or septic sludge shall follow good soil and water conservation and odor-reduction practices recommended by the Pennsylvania State University Agricultural Extension Service.
§ 180-52 Light, glare, heat control and designated snow areas.
[Amended 3-13-2018 by Ord. No. 2018-3]
A.
This section shall not apply to streetlighting that is owned or maintained by the Township or a pubic utility.
B.
All uses or sources, including signs, 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.
C.
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 30 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety or lights intended solely to illuminate an architectural feature which has been approved by the Township.
D.
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 abutting streets or lots. No spotlight shall be directed such that the bulb itself is directly visible from a public street or residential dwelling.
E.
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 adjacent dwellings or residentially zoned areas and to prevent the lighting from creating a hazard to passing motorists.
F.
No lighting source, including signs, shall spill over a property line in such a way as to cause an illumination of greater than the following amounts, measured on the surface at the lot line of the receiving lot or street:
(1)
One footcandle spill over at a residential lot line between the hours of 10:00 p.m. and 7:00 a.m.
(2)
One-half footcandle spill over at a residential lot between the hours of 5:00 p.m. and 10:00 p.m.
(3)
Four footcandles spill over at any lot line other than a residential lot line or at a street right-of-way line.
G.
Flashing, flickering or strobe lighting is prohibited, except as Christmas decorations between November 15 and January 30.
H.
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. The standards of the International Commission on Illumination shall serve as a general guide in measurements in case of uncertainty. A footcandle is defined as a unit of measurement equaling the illumination on a surface one square foot in area where there is a distribution of light having a candlepower of one candela.
I.
Designated snow area. The applicant shall provide a designated "snow area" on the plan displaying where snow will be plowed to, deposited and stored. Applicant shall also display on the plan how the melted snow shall be discharged into the storm sewer system. Applicant shall ensure all melted snow deposited into the storm sewer shall not have an adverse effect on the stormwater system.
§ 180-53 Land application of sewage sludge.
A.
All Township landowners, tenants or lessees shall not allow, except in certain limited circumstances, as hereinafter defined, the land surface application of sewage sludge unless the application is in accordance with standard agricultural practices and specifically incidental to agricultural activities and obtained from municipal treatment plants or from private residential septic systems only. Any and all other operations, handling, processing, storing, or disposing of any other waste material shall be governed strictly in accordance with DEP regulations.
B.
Any landowner, tenant, lessee, individual, association, company or entity wishing to apply, dispose, spread or deposit municipal sewage sludge or private residential septic tank pumpings on any lands or property within the Township shall first submit an application to the Township containing the following information:
(1)
A copy of its application to the Department of Environmental Protection (DEP) for a permit.
(2)
Copies of any and all materials, documents, and drawings submitted with said application to DEP.
(3)
A narrative describing the proposed land application program, including the source of sludge, the proposed utilization rate per acre, time period of operation and the total amount to be applied during the time of utilization.
(4)
Topographical drawing, prepared by a registered engineer, to a scale no greater than one inch equals 200 feet, showing:
(a)
Location of the site relative to public roads.
(b)
Identity of owners of adjacent properties.
(c)
Boundaries of the area to be used for land application.
(d)
Location of public and private water supplies, wells, springs, streams, swamps or other bodies of water within a quarter mile of the boundaries of the proposed land application site.
(e)
Soil classifications of the land application area.
(f)
Vegetation.
(5)
An application fee as determined by resolution of the Board of Supervisors shall be required with the application for all private residential septic tank pumpings. For all other applications there shall be an application fee accompanying the application in the nonrefundable amount as determined by resolution of the Board of Supervisors. Said application fee shall be used to offset all Township costs, including Township engineering review and monitoring fees. The applicant shall pay any additional costs which exceed the initial fee.
C.
The Township Planning Commission shall review the application together with all submissions made by the applicant and shall make recommendations thereon to the Board of Supervisors.
D.
Prior to approving the site for the land application, utilization or disposal of sewage sludge from a municipal treatment plant and/or pumpings from a private residential septic tank, the Board of Supervisors, acting in conformity with existing ordinances, shall require that:
(1)
Any such application shall be in full and complete compliance with the requirements of the county, state and federal government (including but not limited to the Northampton County Conservation District, the Pennsylvania Department of Environmental Protection and the Environmental Protection Agency) and any existing Lehigh Township ordinances and/or resolutions. Prior to the onset of any operations of whatever nature, a permit shall be obtained from Pennsylvania Department of Environmental Protection, Lehigh Township, and, if applicable, the Northampton County Conservation District and Environmental Protection Agency.
(2)
The proposed operation will not create a nuisance in the Township or otherwise impose a hardship on adjoining property owners or the Township in general.
(3)
All operations shall be strictly in conformance and compliance with the requirements of the aforesaid governmental regulatory agencies.
(4)
The applicant shall maintain records of quantities, dates, sources, and location of the above-described waste and shall furnish copies of said records to the Township upon request.
(5)
The utilization, disposal and/or land application shall be strictly in accordance with standard agricultural methods and procedures and strictly incidental to agricultural activities being performed upon the approved site.
(6)
Any application, utilization or disposal of the waste materials for the purposes of land reclamation or land disposal, as permitted by the Pennsylvania Solid Waste Management Act,[1] is expressly prohibited without a valid DEP permit and approval of the Board of Supervisors.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(7)
Chemical analyses and laboratory testing of the subject waste shall be performed at the discretion of the Board of Supervisors and at the applicant's expense by an independent laboratory selected or approved by the Township Supervisors, which test results shall immediately be made available to the Township. Any waste materials so deposited shall have a BOD (biochemical oxygen demand) concentration of less than 4,000 parts per million, dry basis, and concentrations of toxic or hazardous materials such as heavy metals (e.g., cadmium, copper, chromium, lead, mercury, nickel and zinc), viruses, pathogens, chemicals or radioactive materials shall not exceed the express written limits and criteria as promulgated from time to time by EPA and/or DEP. Any waste containing concentrations in excess of the above levels shall be expressly prohibited.
(8)
Any waste materials so applied to the land shall be injected under the surface of the soil or, if spread on the surface, shall be plowed under within 24 hours.
(9)
A soil analysis, at the applicant's expense and performed by an independent laboratory selected and approved by the Township, shall be performed semiannually and results shall be provided immediately to the Township.
(10)
Waste materials shall be applied to the land immediately upon delivery to the site and shall not under any circumstances be stored upon the site for any purpose or any period of time.
(11)
No site shall be approved which contains less than 20 contiguous acres.
(12)
Any ponding or standing accumulations of said waste materials are expressly prohibited.
(13)
Said materials are to be applied in quantities which will result in no runoff, vector or odor problem. In addition, said materials are not to be applied in quantities which will result in accelerated levels of surface or ground water contamination or pollution.
(14)
Said materials are not to be applied when the ground is saturated, snow covered, or frozen or during extended periods of rain.
(15)
Said materials are not to be applied within 250 feet of stream, 500 feet of water supplied, five feet of property lines and 300 feet of occupied dwellings.
(16)
No sewage sludge shall be permitted anywhere within the Township unless its source is from a municipal treatment facility acceptable to the Board of Supervisors.
(17)
No dumping from septic tank systems shall be permitted unless its source is from a private residential septic system acceptable to the Board of Supervisors.
(18)
No chemical analysis shall be required for private residential septic tank pumpings.
(19)
No BOD limitation shall be imposed on said private residential septic tank pumpings.
(20)
The rate of application shall be limited to no more than 3,000 gallons per acre per year.
E.
The Board of Supervisors shall, within 90 days following the full submission of the application, render a final decision and shall, by official written communication to the applicant, either:
F.
The Board of Supervisors may transmit copies of said application to the Planning Commission of the Township for its review and comments. Further, the Board of Supervisors may, in its discretion, schedule a public hearing pursuant to public notice for the purpose of reviewing said application and receiving the comments of the public.
G.
Any land within the Township which has been used for the purposes herein discussed shall be designated on a map of Lehigh Township which shall be maintained by the Township Zoning Officer and shall be available for inspection through the Secretary/Treasurer of the Board of Supervisors. Any property owner whose land has been used as hereinabove discussed shall not at any time sell, transfer, convey or otherwise dispose of his/her said property without first informing any proposed purchaser, lessee, assignee or grantee that his/her said land has been used for such purposes.
H.
All applicants proposing to use their property as above described shall, prior to use, deliver to the Township Board of Supervisors a liability indemnification, on a form to be prepared by or approved by the Township Solicitor, pursuant to the terms of which the applicant specifically agrees to indemnify fully and hold harmless Lehigh Township and all of its officers, agents, and employees from any and all liability and litigation defense costs accruing to any person(s) as a result of any use of any land in the Township permitted by the Board of Supervisors pursuant to this section.
I.
The Board of Supervisors shall require the applicant to submit to the Township an insurance policy covering liability for any harm to persons and/or damage to properties resulting from the aforesaid activities. Said insurance policy shall be in full force and effect for the entire duration of the above operations and for at least two years following the termination of said operations. The amount of said insurance coverage shall be specified by the Board of Supervisors based upon its judgment as to the potential for harm or damage.
J.
Any person who shall violate the provisions of this section shall, upon conviction, be sentenced to pay up to the maximum fine as provided by law, plus costs of prosecution. Each day a violation continues to exist shall constitute a separate offense. The Township Supervisors are authorized to institute proceedings in Northampton County courts or state or federal courts to enforce provisions of this section.