North Whitehall Township
City Zoning Code
City Zoning Code
ARTICLE V
Environmental Protection
§ 440-44 Earthmoving, filling and grading.
A.
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 and shall obtain a zoning permit from the Zoning Officer:
(1)
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.
(2)
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 adequately handle the volume and velocity of surface water runoff.
(3)
Wherever feasible, natural vegetation (other than noxious weeds) shall be retained, protected and supplemented [as amended by the State Noxious Weed Control List, including the following: Mile-a-Minute, Kudzu Vine, Bull Thistle, Musk (Nodding) Thistle, Shattercane, Jimsonweed, Canada Thistle, Johnsongrass, Multiflora Rose, Marijuana, Purple Loosestrife, and Chicory].
(4)
The disturbed land area and the duration of exposure shall be kept to a practical minimum.
(5)
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.
(6)
The permanent (final) vegetation and all structural erosion control and drainage measures, if any, shall be installed as soon as practical in the earthmoving area.
(7)
Provisions shall be made to effectively accommodate 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.
(8)
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. See stabilization requirements of the County Conservation District and standards in the Erosion and Sedimentation Pollution Control Manual.
(9)
The deposit or tracking of any mud, of 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 as part of, due to, or resulting from any earthmoving is hereby prohibited.
(10)
All earthmoving shall comply with erosion and sedimentation control regulations of the Township.
(11)
No "earthmoving" (as defined by this chapter) and which is regulated under Subsection A(12) below shall take place unless both of the following have occurred:
(a)
The Lehigh County Conservation District (or successor agency) has been provided with an opportunity to review the proposed earthmoving; and
(b)
The Lehigh County Conservation District (or successor agency) has either indicated that an erosion and sedimentation control plan (or similar document) for the earthmoving is either adequate or else is not necessary.
(12)
Each of the following earthmoving activities shall require the submission of an adequate erosion and sedimentation control plan and a zoning permit, or a Township-approved substitute:
(a)
Earthmoving involving or affecting over 5,000 square feet of horizontal surface area.
(b)
Earthmoving involving any change in elevation greater than 1.0 foot involving or affecting an area greater than 300 square feet of horizontal surface area.
(c)
Earthmoving on soils classified as having a slope of 8% or greater according to the County Soil Survey (or more detailed source) and that involves over 2,000 square feet of horizontal surface area.
(d)
Earthmoving within, involving or affecting any wetlands, as defined by state regulations.
(e)
Earthmoving involving or affecting the 100-year floodplain, as depicted on the most recent Official FEMA Flood Hazard Maps.
(f)
Earthmoving within, involving or affecting any dam or natural or man-made waterway or watercourse.
(13)
Any earthmoving that causes a plan to be required to be submitted to the County Conservation District or that causes a zoning permit to be required under this chapter shall be subject to the following requirements:
(a)
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 until compliance with this chapter and state regulations is achieved.
(b)
Earthmoving shall comply with Pennsylvania state erosion control regulations.
(c)
The Zoning Officer or other responsible Township permit official may delay or suspend the issuance of a building permit, zoning permit, occupancy permit, sewage facilities permit, driveway permit or other similar Township permit until a landowner, person and/or entity performing the earthmoving is in compliance with this § 440-44. All Township permits shall be deemed to have been issued with the condition that the earthmoving regulations and plans be complied with.
(d)
If no other Township permit is involved or necessary for the proposed earthmoving to occur, then the Zoning Officer shall issue a separate zoning permit after the applicant shows compliance with this § 440-44.
(e)
The following approvals/permits shall be considered to be an equivalent and acceptable substitute for a Township zoning permit, if such other approval/permit was lawfully issued and remains in effect during the earthmoving, provided that the Zoning Officer shall be notified prior to the start of such earthmoving activity and is provided with a full and complete copy of said permit:
[1]
DEP surface mining permit;
[2]
State or federal statutes, regulations or laws that clearly and specifically preempt this § 440-44 for a specific use;
[3]
Routine agricultural activities subject to and in compliance with a soil conservation plan prepared in cooperation with the County Conservation District.
B.
Unstable slopes. Slopes that would have the serious threat of instability, in the determination 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.
C.
Drainage. The ground adjacent to a building shall be graded so that surface water will be drained away from such building. Drainage shall be directed and controlled as specified in the approved subdivision or land development plan for the lot.
D.
No grading shall 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.
E.
Fill. Materials used for fill as a future base for construction shall be nonbiodegradable, well compacted in one-foot lifts and not end-over dumped, and provide a suitable and secure base. See the state definition of "clean fill." The Zoning Officer may require the submission of an erosion and sedimentation control plan and soil engineering design and plan approval prior to any placement of fill.
F.
Dumping. Outdoor dumping 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.
G.
Stormwater control. Development shall comply with the Township stormwater management ordinance(s) that were adopted pursuant to Pennsylvania Storm Water Management Act 167, as amended.[2] All stormwater controls must comply with the latest version of the Pennsylvania Best Management Practice Handbook and for any other, Pennsylvania DEP BMP Handbook for High Quality Streams.
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
H.
Site plan requirements for all earthmoving over 15% slopes and for all new land developments and subdivisions.
(1)
Information required. If an area of a lot including slopes of 15% or greater is proposed for construction of buildings, streets, new land developments or subdivisions, driveways or nonagricultural grading, then the applicant shall submit a site plan to the Zoning Officer. Some or all of these submittal requirements may be met by including the required information from previously approved subdivision/land development plans. Such information shall be drawn at an appropriate scale (such as one inch equals 50 feet) and shall show all of the following information:
(a)
Detailed slope contours for all areas that are intended to be or that potentially may be disturbed and/or constructed upon, based upon field acquired data;
(b)
Separate identification of all areas of 15% to 25% slope, and all areas of greater than 25% slope;
(c)
Substantial areas of trees over six inches in trunk width and individual trees of over eighteen-inch trunk width (measured at 4.5 feet in height) and other dense vegetation proposed to be removed or preserved prior to, during or immediately subsequent to the development of the use;
(d)
Stamp of a professional surveyor, professional engineer, registered landscape architect or registered architect;
(e)
Proposed locations of principal buildings, streets, driveways, on-lot septic fields and other areas of soil disturbance (if the exact locations are not known, the outer limits of potential locations shall be shown);
(f)
Types of soil;
(g)
State the maximum slope of proposed driveways and streets and provide evidence on plans or profiles that such slope will be met;
(i)
Any requirements as stated in the preliminary plan checklist in Chapter 375, Subdivision and Land Development, of this Code;
(j)
Such data or information as the Zoning Officer deems reasonably necessary to determine compliance with Township ordinances.
§ 440-45 Nuisances and hazards to public safety.
A.
No landowner, tenant nor lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:
(1)
Transmission of communicable disease, including conditions (e.g., excessive grass and weed growth over 12 inches in height pursuant to Chapter 146, Brush, Grass and Weeds, of this Code) that may encourage the breeding of insects or rodents.
(2)
A physical hazard to the public, or a physical hazard that could be an attractive nuisance that would 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. (See § 440-49.)
(5)
Interference with the reasonable use and enjoyment of property by a neighboring landowner of ordinary sensitivities.
B.
Owner's responsibility. It is the responsibility of every property owner to ensure that their activities and property 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.
C.
Suspension of approval. All approvals and permits of the Township are conditioned upon compliance by the applicant with all applicable federal, state and Township laws and regulations. The Zoning Officer may suspend or revoke a permit under this chapter where there is continuing failure by a use, applicant, property owner, business or lessee to remedy or remove a hazard to the public health and safety or other violation of this Article V, unless the applicant can show good cause why such action should not be taken.
D.
Township removal of hazards. If the Zoning Officer becomes aware of a serious threat to the public health and safety from a physical hazard, the Zoning Officer may, but is not required to, order the property owner to resolve the hazard. If the hazard is not resolved within a reasonable specified period of time after such notice, such as 30 days or less, the Township may, at the option of the Board of Supervisors, remove the hazard or contract for its removal. In such case, the property owner shall be required to compensate the Township for all such expenses for such work and any reasonable accompanying legal and administrative costs. However, the Township does not accept the responsibility to identify or resolve all hazards.
E.
Additional information required. If the Zoning Officer or Board of Supervisors, in consideration of any advice of the Township Engineer or Planning Commission, has reason to believe that an existing or proposed use may create a hazard to the public health and safety, then the Zoning Officer or Board of Supervisors may require an applicant or use to substantiate that necessary measures will be put into place to avoid such hazards.
F.
Former landfills and hazardous dumps. Prior to development approval of former solid waste landfills or sites that the Township has reason to believe may be contaminated by hazardous or toxic wastes, the Zoning Officer shall require that the applicant provide written evidence that proves to the satisfaction of the Zoning Officer that such conditions have been addressed in order to ensure the health and safety of future occupants of the development. The applicant shall also provide such materials to the Township Engineer, Board of Supervisors and Planning Commission for their review and comment.
(1)
The applicant's proof in such cases should include, but not necessarily be limited to, both groundwater and soil testing. Evidence shall be provided that landfilled areas proposed for building sites will provide stable foundations. Where outstanding violations of federal or state environmental regulations exist, or in the event of any pending action regarding such alleged violation, then the Township may delay any development approvals and Township permits until such time that the applicant proves that such issues have been resolved or that such issues would not in any way negatively impact upon the proposed use.[1]
[1]
Editor's Note: Original Subsections G, H and I, pertaining to ATVs, dirt bikes and snowmobiles, respectively, added 11-19-2008 by Ord. No. 2008-4 and which immediately followed this subsection, were repealed 12-16-2009 by Ord. No. 2009-4.
§ 440-46 Wetlands.
A.
It shall be the express responsibility of each applicant to unequivocally determine whether land areas proposed for alteration meet the state or federal definition of a "wetland" before any official submittal of development plans to the Planning Commission or Board of Supervisors for official action. Sufficient supporting information may be required to be submitted to prove the extent of the wetlands to the satisfaction of the Township Engineer. Where the Zoning Officer or Township Engineer has doubt about the extent of wetlands, the Zoning Officer shall require the applicant to provide a study by a qualified professional delineating the locations of wetlands on the site. The plan shall indicate by note the presence or absence of wetlands on a particular site or tract being considered by the Township. However, the Township does not automatically accept the responsibility to identify all wetlands or to warn all parties of such possibilities.
B.
All permits of the Township are issued on the condition that the applicant comply with federal and state wetlands regulations, and such permits may be revoked, delayed or suspended by the Zoning Officer until an applicant proves compliance with such regulations.
C.
Setback. To allow sufficient space for the movement of construction equipment, all principal buildings shall be set back a minimum of 20 feet from all wetlands.
§ 440-47 Setbacks and buffers from surface waters.
A.
Purposes: To protect the quality and purity of surface waters, preserve physical access to surface waters in case of future public or semipublic acquisition, minimize erosion and sedimentation, preserve the natural stormwater drainage system of the area, conserve sensitive wildlife and aquatic habitats, preserve vegetation along waterways so as to retard soil erosion and reduce pathways for pollutants, and provide for setbacks that can be used as required yard areas for a land use.
B.
Setbacks from major surface waters.
(1)
No off-street parking, loading or unloading area, or commercial or industrial storage or display area shall be located within 75 feet of the top of the bank of the Lehigh River or within 50 feet of the top of the bank of any other major surface water. See the Township floodplain map in case a wider area is regulated under Chapter 242, Floodplain Management, of this Code. The top of the bank of the surface water shall be determined by the Township Engineer, in case of dispute.
(2)
Major surface waters are defined as an established river or creek that regularly conducts surface water and that serves as an important part of the area's ecological system. The major surface waters shall include, but not be limited to, the Lehigh River, the Jordan Creek, the Fells Creek, the Spring Creek, Copeechan Creek, and the Coplay Creek.
(3)
Minor surface waters are defined as all other waters not included in major surface waters.
C.
Exemption. The setbacks of this section shall not apply to public utility facilities or publicly owned recreational facilities.
D.
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.
E.
Riparian buffers. Buffers shall be maintained along the shore of all natural watercourses.
(1)
Buffers shall be at least 35 feet wide from the top of the stream bank to the buffer's uphill edge (a width of 50 feet to 100 feet is strongly encouraged).
(2)
The buffer must contain at least two species of trees or shrubs, or a combination of trees and shrubs.
(3)
Natural regeneration is acceptable where nearby trees native to the area can provide a natural source of seeds.
(4)
Conservation of existing forested stream-side areas shall occur within at least a 100-foot width.
F.
Setback and buffer areas and construction. During any filling, grading or construction activity, all reasonable efforts shall be made to leave the setback or buffer areas of this section undisturbed, except at approved waterway crossings.
§ 440-48 Steep slopes.
A.
Purposes. To seek to limit intrusions into important natural features, including steeply sloped areas, creek valleys, wooded areas and scenic areas. To avoid soil erosion, sedimentation and stormwater runoff problems. To effectively limit the intensity of development if the development would intrude into steeply sloped areas. To avoid penalizing a developer for the presence of natural features on a site if the developer proves that the development will not intrude into those natural features.
(1)
Average slope. The average property slope for the purposes of this regulation shall be the slope calculated by summing the length of all two-foot contour lines for the existing ground conditions and multiplying that sum by two. That product shall then be divided by the lot area to find the average property slope.
(2) x (sum of length of contours) | = | Lot average slope |
Lot area (square feet) |
B.
Residential development. Each lot or area proposed and/or intended for a principal residential use having an average slope greater than 15% shall include, inside of the required yards, a contiguous buildable area containing a minimum of 5,000 square feet for each dwelling unit. This buildable area shall have a maximum average slope of 15% and shall be accessible from an existing or proposed street by a proposed driveway or private street having a maximum grade of 12%. If such lot will utilize an on-lot sewage disposal system, then such buildable area shall also include space for a primary and alternate sewage system location meeting state requirements.
[Amended 1-17-2007 by Ord. No. 2007-3]
C.
Nonresidential development. Each lot proposed and/or intended for one or more industrial, commercial or institutional principal uses shall include, inside of the required yards, a contiguous buildable area at least encompassing the maximum footprint of the proposed building(s), plus the additional land area needed for required parking. This buildable area shall have a maximum average slope of 15% and shall be accessible from an existing or proposed street by an adequate and properly designed driveway or other vehicle accessway having a maximum grade of 12%. If such lot will utilize an on-lot sewage disposal system, then such buildable area shall also include space for a primary and alternate sewage system location meeting state requirements.
D.
Plan required. A site plan shall be submitted for all development demonstrating compliance with Subsection B and/or C. Such plan shall include proposed building and driveway locations, existing and proposed grading, and proposed tree preservation and landscaping. Such plan shall also show proper proposed erosion control and stormwater control measures. Types of soils to be shown on the plan.
E.
Lot area. If the Township determines that an applicant cannot comply with Subsection B and/or C, then the following shall be required, unless more restrictive regulations are stated elsewhere in this chapter:
(1)
Where the subject property has an on-lot sewage system, if an average slope of 15 to 25% will exist on the proposed principal building site, then the minimum lot area shall be two acres per dwelling unit or per principal nonresidential use and the maximum impervious coverage shall be 15%.
(2)
Where the subject property has an on-lot sewage system, if an average slope of 25 to 35% will exist on the proposed principal building site, then the minimum lot area shall be four acres per dwelling unit or per principal nonresidential use, and the maximum impervious coverage shall be 10%.
(3)
Each lot which is to be served by public or central sewage disposal systems shall have the following minimum area, unless a larger minimum lot size is required for the use in the zoning district in which the lot is situated, in which case the more restrictive requirements shall apply:
(a)
Slopes 0% up to and including 15%: no change.
(b)
Slopes greater than 15% up to and including 25%: 50% increase in square footage plus a 25% increase in frontage.
(c)
Slopes greater than 25% up to and including 35%: 100% increase in square footage plus a 50% increase in frontage.
(d)
Slopes greater than 35%: requires Township Engineer approval plus a minimum of 100% increase in square footage plus a 50% increase in frontage.
F.
Over 35% slope. If the proposed principal building site has an average slope greater than 35%, then the construction of buildings and off-street parking on all areas with slopes over 35% shall be prohibited.
G.
Streets, driveways and septic systems. See applicable slope standards for streets in Chapter 375, Subdivision and Land Development. The applicant shall prove that all driveways will meet the maximum slope established in § 440-61. See also DEP regulations on slopes of on-lot septic systems and § 440-50 requiring an alternate septic field location.
H.
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 on September 6, 1995, and shall not be based upon subsequent regrading.
I.
Man-made slopes. This section shall not apply to man-made slopes that the applicant proves to the satisfaction of the Zoning Officer were not naturally 8% or greater slope. However, the maximum driveway slope shall still apply to man-made slopes.
§ 440-49 Storage of hazardous and nuisance-causing substances.
B.
Additional precautions.
(1)
No substance shall be stored in such a way that it could be washed into the groundwater and/or surface water, if such substance could seriously contaminate groundwater or surface water or serious harm aquatic life of a waterway.
(2)
If the Zoning Officer, after considering any comments of other Township officials, determines that a substance threatens groundwater or surface water contamination, the substance shall be stored within a permanent impermeable containment or other control method that the applicant proves to the satisfaction of the Township would have the same level of protection. An impermeable containment shall be surrounded by a suitable impermeable basin that would drain any spillage into an appropriately engineered collection area or system, unless the applicant proves that an acceptable alternative method will be used.
(3)
All containers of hazardous substances shall be appropriately labeled, and the areas where such containers are located shall be suitably placarded.
(4)
Materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
§ 440-50 Sewage disposal.
A.
All methods of wastewater disposal shall meet requirements of the state, any applicable Township authority and the official township sewage facilities plan, as amended, as applicable.
B.
Recertification of on-lot systems. Any septic system is required to be reviewed and/or tested by the Sewage Enforcement Officer for adequacy if a change of use or expansion of use would cause an increase in sewage flows, or if there would be an increase in dwelling units. To be suitable for the change or expansion, the Sewage Enforcement Officer may require modification, expansion or replacement of the septic system.
C.
Alternate septic system location.
(1)
As a condition of preliminary or final subdivision (or land development) approval, whichever occurs first, any lot using an on-lot septic system shall include a second open unpaved land area suitable for an alternate septic system location.
(2)
Such alternate site shall be tested by the Township Sewage Enforcement Officer and found, in writing, by such person to meet state and Township requirements. Such testing at a minimum shall include soil probes and shall consider slopes and isolation distances.
(a)
If the soil probes indicate that the alternate site includes marginal soils that could result in a failing perc test, then the Sewage Enforcement Officer may require a satisfactory perc test. Otherwise, a perc test is not required for the alternate septic system location.
(b)
All soil test sites for on-lot sewage disposal systems shall be delineated by silt fencing or snow fencing to protect the site from encroachment.
(3)
This requirement for the alternate system location shall not apply if the applicant proves to the satisfaction of the Zoning Officer, after a review by the Board of Supervisors, that public sewage service can reasonably be expected to serve the lot within five years from the date of occupancy.
D.
On-lot systems and lot area. A more restrictive minimum lot area may be established by the Sewage Enforcement Officer based upon DEP regulations.
(1)
All proposed sewage systems must meet current DEP isolation distance requirements. In addition, all elevated mounds must show their design berm width from the low side of the mound not to be placed within these isolation distance requirements.
(2)
All proposed subdivision and land development plans shall show failed and suitable probe locations that are numerically identified on the site plan. All suitable test locations shall indicate what type of sewage system is eligible for that location on the site plan, the date of testing with the results and proposed and finished grades of system. Providing only limiting zone depths on a site plan shall not be accepted as the only basis for the determination of the type of septic system.
E.
Mound system. On any lot granted final subdivision approval after the adoption of this chapter, any on-lot sewage disposal system over four feet in height above the finished grade that is located within 100 feet of a public street or adjacent dwelling, and that can be viewed from such street or dwelling, shall be buffered by attractive landscaping. Such landscaping shall not be required if the disposal system is incorporated into grading that has a natural appearance. Any such landscaping shall be based upon a planting plan and shall be intended to filter views from such street and adjacent dwellings. Such planting or grading plan should be submitted as part of the final subdivision submittal.
(1)
If the mound system location moves from what was shown on the final subdivision plan, then a revised planting or grading plan shall be required as a condition of the sewage permit.
§ 440-51 Noise.
A.
No principal or accessory use, or its 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 (dBA) |
At any lot line in a residential district (other than a lot occupied by a principal commercial or industrial use) | 7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Year's Day, Labor Day and Memorial Day | 67 |
9:00 p.m. to 7:00 a.m., plus all day Sundays, Christmas Day, Thanksgiving Day, New Year's Day, Labor Day and Memorial Day | 61 | |
At any lot line of a lot within an industrial district | All times and days | 74 |
At any lot line not listed above | All times and days | 70 |
NOTES: |
|---|
"dBA" means "A" weighted decibel. |
[For general information: The following provides a comparison of different typical dB(A) levels: |
40 dB(A) = typical background noise in a residential area |
50 dB(A) = a quiet automobile at 10 feet away |
60 dB(A) = the inside of a large store |
63 dB(A) = automobiles (other than trucks) along a nearby expressway |
68 dB(A) = conversation at one foot away |
72 dB(A) = train at 100 feet (other than horn) |
80 dB(A) = heavy traffic |
82 dB(A) = pneumatic drill at 50 feet |
89 dB(A) = subway train at 20 feet] |
B.
For any source of sound which emits a pure tone and/or one of continuous unvarying intensity, the maximum sound level limits set forth in the above table shall be reduced by five dBA.
C.
The maximum permissible sound level limits set forth in the above table shall not apply to any of the following noise sources:
(1)
Sound needed to alert people about an emergency.
(2)
Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7:00 a.m. and 8:00 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)
Agricultural activities, including permitted raising of livestock, but not exempting a commercial kennel.
(5)
Railroads and aircraft.
(6)
Public celebrations specifically authorized by the Board of Supervisors or a county, state or federal government agency or body.
(7)
Unamplified human voices, a radio, amplified, live or recorded music player being played by one household between the hours of 8:00 a.m. and 11:00 p.m. or the sounds of one or two animals.
(8)
Routine ringing of bells and chimes by a place of worship or municipal clock.
(10)
See state law concerning noise exemption for shooting ranges that existed prior to adoption of any Township noise regulations.
§ 440-52 Vibration.
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. For vibration created within a ME/I District, this requirement shall only apply to vibration perceptible without the use of measuring instruments within a dwelling.
§ 440-53 Odors, dust and air and water pollution.
A.
Odors and dust. No use shall generate toxic odors or toxic dust. No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot. This restriction shall not apply to nontoxic odors or nontoxic dust created by permitted agricultural uses that are using normal farming practices within a) the provisions of Act 133 of 1982, as amended, the state "Right to Farm Act"[1] or b) an official agricultural security area. This odor restriction shall apply to uses that do not follow the normal farming practices referenced in those state laws, such as if manure is not plowed under within a normal and reasonable period of time.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
B.
Air and water pollution. All uses shall fully comply with federal, state and any other applicable air and water pollution regulations as a condition of any Township permit.
C.
Burning. See open burning regulations in Chapter 176, Burning, Open, of this Code, and Title 25 of Pennsylvania Code regulations. (NOTE: As of 2002, those state regulations generally limited burning to materials from the normal occupancy of a one- or two-family dwelling, and prohibited open burning of waste from a commercial or industrial use.)
§ 440-54 Light, glare and heat control.
A.
Streetlighting exempted. This § 440-54 shall not apply to streetlighting that is owned, financed or maintained by the Township or the state.
C.
Height of lights. No luminary, spotlight or other light source that is within 200 feet of a lot line of an existing dwelling or approved residential lot shall be placed at a height exceeding 35 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building.
D.
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.
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 reasonable persons in adjacent dwellings or undeveloped residentially zoned areas, and to prevent the lighting from shining into the eyes of passing motorists.
F.
Maximum candlepower. No lighting source, including signs, shall spill over a residential 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 lot:
G.
Flickering. Flashing, flickering or strobe lighting are prohibited, except for nonadvertising seasonal lights between October 25 and January 10.
H.
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 "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.
§ 440-55 Placement and screening of waste containers, outdoor machinery, and storage.
A.
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.
B.
Safety. General types of toxic, biological, electrical and other significant hazards involving stationary outdoor machinery and storage shall be marked with signs.
C.
Solid waste containers.
(1)
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.
(2)
Setback from dwellings. If physically possible, any solid waste container with a capacity of over 15 cubic feet shall be kept a minimum of 20 feet from a dwelling unit on an abutting lot.
(3)
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.
D.
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 children under the age of nine to enter, unless the applicant proves, in writing, to the satisfaction of the Zoning Officer that such fencing or walls are not needed:
§ 440-56 Electrical interference.
No use shall routinely cause electrical disturbances that results in radiated noise and/or electrical interference that exceeds maximum standards of the Federal Communications Commission.
§ 440-57 Preservation of trees and forests.
A.
Purposes. To protect wildlife and bird habitats, encourage groundwater recharge, reduce air pollution, avoid pollution of creeks by high temperature runoff, maintain the attractive character of residential areas and conserve energy.
C.
Tree cutting.
(1)
The number of trees with a trunk diameter of six inches or more measured at a height of 4.5 feet above the average surrounding ground height that are cut down or effectively killed as part of a subdivision or land development (or in preparation for or as a result of such activity) shall be held to an absolute minimum, based upon plans as approved by the Township, except:
(a)
As is approved under this chapter as a forestry operation; and/or
(b)
For the thinning of woods involving the cutting down of a maximum of 15% of the trees throughout a lot in a calendar year, which is permitted by right; and/or
(c)
Routine cutting of trees by the owner-occupant of a single lot of record of less than two acres that includes a dwelling after such dwelling is completed, which is not regulated by this section.
(2)
Tree cutting not a part of forestry operations shall comply with this section by tagging, with a distinguishable marking tag, those trees to be removed and utilize a different tag for those trees to remain.
(3)
This section shall not prevent the cutting down or killing of trees meeting any of the following criteria, based upon approved development plans or zoning permits:
(a)
Will be within 10 feet of an approved or existing street cartway, shoulder, driveway or sidewalk or will obstruct required sight distance;
(b)
Will be within 25 feet of the walls of an approved or existing building or an approved on-lot septic system;
(c)
Is within an area that needs to be graded for an approved stormwater basin;
(d)
Is clearly of old age and unhealthy and cannot be expected to live for more than an additional five years;
(e)
Needs to be removed for an approved utility corridor;
(f)
Is diseased, dead or poses a clear danger to a structure, utility, sidewalk or other public improvement;
(g)
Clearly needs to be removed to allow the construction of a Township-approved principal or accessory use;
(h)
Is within an area actively managed as part of Christmas tree farm;
(i)
Is to be removed solely to allow longer rows for crop farming or replacement by a plant nursery; or
(j)
Has a trunk diameter of less than six inches measured at a height of 4.5 feet.
(4)
Protection of trees during construction.
(a)
Reasonable efforts shall be taken during any construction to ensure the protection of trees protected by this section to ensure that the trees are not accidentally injured or killed. These efforts shall ensure that equipment does not damage tree trunks, that roots are not compacted by vehicles and that the grade level around trees is not changed by more than one foot. Temporary wooden barricades or similar effective measures shall be placed at a minimum around the driplines of trees to be preserved.
(b)
If an approved subdivision, land development or site plan states that certain trees are to be preserved, and if those trees are killed, then the developer shall be required to replace those trees with new mature trees, in addition to any other penalties provided in this chapter.
§ 440-58 Flood-prone areas.
All uses shall comply with the Township's 100-year floodplain regulations. See Article X of this chapter for floodplain and flood-prone area regulations.