Lower Towamensing Township
City Zoning Code
City Zoning Code
ARTICLE VIII
Environmental Regulations
§ 450-100 Environmental performance standards.
The Township Board of Supervisors may require safeguards to assure compliance with the following performance standards. Upon request of the Township, the landowner shall furnish proof, at his own expense, that he is in compliance with the following standards:
A.
Air management.
(1)
Open burning is not permitted for nonresidential uses. For all other uses, clean and unfinished wood, brush, leaves and other natural materials are acceptable materials to burn.
(2)
No gases, vapors or particulates which are harmful to persons, property, animals or vegetation beyond the lot lines of the lot on which such gases, vapors or particulates originate shall be emitted. The Zoning Officer shall forward any such complaints to the PA DEP Air Quality Division.
B.
Carcinogenic substances. No carcinogenic substances shall be released into the air, ground or water.
C.
Electromagnetic. No industrial use shall cause electrical or electronic interference with radio or television reception on other properties.
D.
Noise and vibration.
(1)
Noise limits at lot lines shall be as follows:
Permissible Noise Limits in Decibels | |||
|---|---|---|---|
Location | Requirement | Between 10:00 p.m. and 7:00 a.m. | Between 7:00 a.m. and 10:00 p.m. |
At lot line adjacent to land zoned I or V-C | 90% of time must be less than: | 65 | 75 |
Maximum: | 75 | 85 | |
At lot line adjacent to land for all other districts | 90% of time must be less than: | 60 | 70 |
Maximum: | 70 | 80 | |
(2)
No prolonged physical vibration shall be perceptible beyond the lot lines.
E.
Outdoor storage. All outdoor storage of materials or products shall be screened from view of all adjacent properties and streets.
F.
PA DEP requirements. All regulations of the Pennsylvania Department of Environmental Protection shall be complied with.
G.
Solid waste and litter management.
(1)
No permanent storage of waste material shall be permitted. All waste materials awaiting transport shall be concealed from public view in appropriate containers.
(2)
The owner/occupier of any retail, commercial and/or industrial property or space shall be responsible for keeping the premises free of litter.
I.
Wastewater management. The Zoning Officer shall forward all wastewater management issues to the duly appointed Sewage Enforcement Officer of Lower Towamensing Township.
§ 450-101 Erosion and sediment control.
A.
The landowner, person and/or entity performing any earth disturbance shall utilize sufficient measures to prevent soil erosion and sediment pollution.
B.
The disturbed land area and the duration of exposure shall be kept to a practical minimum.
C.
Any earth disturbance over 5,000 square feet of land area shall require the submission of an adequate erosion and sediment control plan to the Carbon County Conservation District.
D.
See Pennsylvania erosion control regulations (25 Pa. Code Chapter 102).
§ 450-102 Floodplain management.
A.
Definition of area. The areas subject to floodplain controls shall be those areas delineated on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) for Lower Towamensing Township. These areas shall be shown on all plans submitted to the Township.
B.
Uses permitted by right.
(1)
Agricultural uses, excluding enclosed structures and intensive agricultural activities, when permitted by the prevailing zoning district regulations, according to recognized soil conservation practices.
(2)
Woodland preserve, arboretum, wildlife sanctuary, game preserve, fish hatchery, or other use devoted to the protection and propagation of wildlife or vegetation when permitted by the prevailing zoning district regulations.
(3)
Open areas or yards, subject to the restrictions of this chapter, and provided such open areas or yards shall not be used for on-lot sewage disposal systems.
C.
Uses permitted by special exception.
(1)
Outlet installations for sewage treatment plants or sewage pumping stations.
(2)
Public or private recreational areas, not to include enclosed structures except toilet facilities which must be connected to public water and sewer systems, when permitted by the prevailing zoning district regulations and conducted in accordance with the regulations of the prevailing zoning district.
D.
Uses permitted by condition in I and V-C Districts.
(1)
Within I and V-C Districts, any use listed as being permitted by right or special exception is subject to conditional use approval within the regulations for those zoning districts, subject to the following:
E.
Regulations applicable to all areas subject to floodplain controls.
(1)
Not more than 10% of the area subject to floodway controls within a lot shall be covered with impervious surfaces.
(2)
Any encroachment/obstruction made on a floodway shall require the appropriate permit to be obtained from the US ACOE and/or PA DEP. A copy of this permit shall be supplied to the Zoning Officer prior to the issuance of permits.
(3)
No watercourse shall be altered or relocated unless the person proposing the alteration or relocation submits calculations assuring that the flood-carrying capacity within the altered or relocated portion of the watercourse shall be designed to be not less than the flood-carrying capacity of the watercourse prior to the proposed alteration or relocation.
(4)
The cross-sectional profile of watercourses and floodplain areas shall not be altered unless approved by the appropriate state and/or federal agencies when such approval is required.
(5)
No outside storage of materials is permitted within floodplain areas unless properly anchored.
(6)
Fills are subject to:
(a)
Fills shall consist of soil or rock materials only. Sanitary landfills shall not be permitted.
(b)
Adequate provisions shall be made to prevent surface water from damaging the sloping surfaces of fills.
(c)
Fills shall be placed and mechanically compacted to minimize sliding and erosion of soil.
(d)
Fills shall not encroach on natural watercourses.
(e)
Fill slopes shall be no steeper than one vertical unit to two horizontal units.
(7)
All structures shall be designed and anchored to prevent flotation, collapse and lateral movement, be constructed of materials and utility equipment resistant to flood damage, and be constructed by methods that will minimize flood damage.
(8)
The lowest floor, including cellar or basement of any building, shall be elevated at least two feet above the level of the 100-year flood, and evidence of this shall be submitted to the Township.
(9)
No junkyards, sanitary landfills, or on-lot sewage treatment facilities shall be permitted.
F.
Boundary disputes and appeals procedure.
(1)
Should a dispute concerning the boundaries of those areas subject to floodway controls arise, an initial determination of the boundaries shall be made by the Zoning Officer, using the criterion listed in § 450-102A above.
(2)
Any person aggrieved by this determination may appeal to the Zoning Hearing Board.
(3)
The burden of proof shall be on the person appealing the determination of the Zoning Officer.
(4)
If it is determined that the Special Flood Hazard Area Maps are inaccurate regarding the land in question, the area subject to the floodway controls shall be determined on the basis of a 100-year storm, and all calculations shall be subject to the approval of the Township.
G.
Municipal liability. The grant of a zoning permit shall not constitute a representation, guarantee, or warranty of any kind by the Township, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Township, its officials or employees.
§ 450-103 Landscaping and screening.
A.
Regulations requiring buffer yards, screening, planting strips and the like shall be subject to approval of the Zoning Officer prior to planting. The type and density of plantings shall adequately provide the screening effect required year round.
B.
Plant materials used in screen planting shall be at least four feet in height when planted.
C.
The screen planting shall be maintained permanently, and plant material which does not live shall be replaced within one year.
D.
Landscaping shall be situated so that full, maximum, mature growth size of the trees or shrubs will not extend beyond the property or right-of-way lines.
§ 450-104 Lighting.
When the property on which the activity is conducted is illuminated at night, such illumination shall be so designed and located that the light sources are shielded from adjoining properties and streets. No direct beams of light shall be directed toward adjacent properties or streets.
§ 450-105 Nuisances.
No building or structure may be erected, altered, or used and no lot or premises may be used for any activity which is continuously noxious, injurious, or offensive by reason of dust, smoke, odor, fumes, noise, vibration, debris, gas, effluent and stormwater discharge, illumination, trash, debris or other conditions.
§ 450-106 Slope control regulations.
The following controls shall apply in all areas where the slope of the land exceeds 25% with at least 5,000 square feet of earth disturbance being proposed:
A.
Prior to the alteration of the existing grade or establishment of any building, structure, or use, and before the issuance of a zoning permit, an erosion and sediment pollution control plan shall be approved by the Carbon County Conservation District.
B.
A copy of the approved erosion and sediment pollution control plan shall be provided to the Zoning Officer.
C.
Existing agricultural activities are exempt from this section.
§ 450-107 Stripping of topsoil.
Except where listed as a permitted use, the stripping of topsoil from lots shall not be permitted. Topsoil may be removed from areas of construction, grading, excavation, and other earthmoving activities, but shall be stored elsewhere on the lot and stabilized to minimize erosion. Upon completion of the earthmoving activities, the topsoil shall be redistributed on the lot.
§ 450-108 Water supply and sewage facilities required.
Every building or structure hereafter erected, altered or moved upon any premises and used in whole or in part for any principal use shall be provided with both a potable water supply and a means of collection and disposal of all sewage. Such facilities shall conform to the minimum requirements set forth by the PA DEP and shall be approved by the Sewage Enforcement Officer prior to the issuance of a zoning permit.