Palmer Township City Zoning Code
ARTICLE V
Environmental Preservation
§ 190-501 Environmental preservation required.
A.
All uses shall be developed in a manner consistent with the preservation of the quality of the existing environment and of any natural amenities present on the site.
B.
All uses shall seek to minimize alteration of natural drainage patterns, shall minimize grading and unnecessary removal of natural vegetation, except for invasive plant species and noxious weeds, shall seek to preserve substantial stands of mature and healthy trees, shall take into account attractive scenic views and shall properly respect any other important natural features, including wildlife habitats, existing on the site.
§ 190-502 Nuisances prohibited.
No land or structure in any district shall be used or occupied in any manner that:
A.
Creates dangerous, injurious or noxious conditions or fire, explosive or toxic hazards.
B.
Does not comply with federal or state regulations regarding electromagnetic or radiation hazards.
C.
Creates smoke, dust or odor nuisances.
D.
Creates any other condition in such manner or in such amount as to adversely affect the use of adjoining premises or to be dangerous to public health or safety.
§ 190-503 Proposed construction area and natural features and utility corridors; steep slopes.
A.
Proposed construction area and natural features. For any proposed new lot that may potentially involve construction that could impact upon any of the features identified in Subsection A(2) below, the applicant shall be required to comply with this Subsection A.
1.
The subdivision and land development plans shall designate the proposed locations of principal buildings. If an exact principal building location is not known, then such site plan shall designate the maximum outer extents within which the building will be located. Such locations are required to be to scale but are not required by this section to be professionally surveyed. Such plans shall also show a construction area including lands within the following minimum distances from the proposed location of each principal building: 30 feet in the front, 30 feet to the rear and 15 feet to each side.
[NOTE: If the required yard is permitted to be smaller by the applicable district regulations for that use, such smaller distance shall apply. For instance, if an eight feet-wide side yard is permitted, then the construction area shall be eight feet along the side from the proposed building location instead of 15 feet.]
2.
The lot and buildings shall be laid out so that the proposed construction area described above does not include any of the following features:
a.
Wetlands (as defined by federal and state regulations).
b.
Ponds and lakes.
c.
Rights-of-way or easements of overhead electrical lines. Ponds or lakes.
e.
Areas of more than 500 square feet with 15% or greater existing natural slope (unless the lot meets the requirements of Subsection C below).
f.
Proposed man-made slopes of 33% or greater (such as sides of a drainage swale).
g.
For a residential use, any drainage swale that can be expected to carry more than 12 cubic feet per second during a ten-year storm.
h.
Any stormwater detention basin.
B.
Natural steep slopes. "Steep slopes" shall be considered those of 15% or greater slope (equal to 15 feet vertical distance over 100 feet horizontal distance). If the proposed construction area described above includes any areas with slopes of 15% or greater (other than slopes that were clearly man-made), then the applicant shall submit a site plan and shall comply with the following provisions. This Subsection B shall not apply to townhouses and low-rise apartments, which are regulated by a different set of standards.
1.
Such site plan shall show two-foot slope contours, with all areas of slope greater than 15% and 25% identified, unless alternate contour intervals are preapproved by the Township Engineer. Detailed contours are not required within areas identified as having over 25% slopes. The Township may require a plan to be drawn by a professional surveyor, professional engineer or landscape architect. The plan shall show the proposed principal building location and proposed construction area as described above. This site plan shall also show substantial areas of mature trees.
2.
If the proposed construction area includes more than 1,000 square feet with slopes greater than 15%, but does not include more than 1,000 square feet with slopes greater than 25%, then the following regulations shall apply, unless a more restrictive provision is established by another section of this ordinance:
3.
If the proposed construction area includes more than 1,000 square feet with slopes greater than 25%, the following regulations shall apply, unless a more restrictive provision is established by another section of this ordinance:
C.
Conservation easement. To ensure that the construction area plan is complied with and that important natural features are not disturbed, the Board of Supervisors may require that a permanent conservation easement be established by the applicant to ensure the preservation of concentrations of steeply sloped, floodplain, wetland, ponds, and lakes areas. The Board of Supervisors may require that such conservation easement be referenced in each deed for each lot. Also, such conservation easement, at a minimum, shall grant the Board of Supervisors the authority to enforce such easement. In addition, the approved recorded subdivision or land development plan shall state that such areas are to be preserved.
§ 190-504 Areas with high water table; wetlands.
A.
High water table areas. In areas where the depth to the seasonally high water table is less than four feet based upon the County Soil Survey, the Board of Supervisors may, at its option, require that all portions of new dwellings that are underground be adequately waterproofed to prevent flooded basements.
B.
Wetlands.
1.
If the Township 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," then the Township may require the applicant to provide a study by a qualified professional delineating the locations of wetlands. The qualifications of such expert shall also be submitted. However, the Township accepts no responsibility to identify all wetlands or to warn all parties of such possibilities.
2.
All permits of the Township are issued on the condition that the applicant comply with all federal and state wetland regulations. Such permits may be revoked or suspended by the Township for noncompliance with such regulations.
§ 190-505 Setbacks from waterways and drainage swales.
A.
Purposes: to protect the water quality of surface waters in the Township, to preserve opportunities for future recreation use of the waterways, to minimize erosion and sedimentation, to preserve the natural stormwater drainage system of the area and to conserve sensitive wildlife and aquatic habitats.
B.
Setbacks from major surface waters.
C.
Setbacks from minor surface waters. No structure or paved vehicle parking area or parking aisle shall be located within 75 feet of the center of any minor surface waters. "Minor surface waters" are defined as the Schoeneck Creek, Williams Creek, or unnamed tributaries.
D.
Setbacks from major natural drainage swales.
1.
Major natural drainage swales shall be maintained in open space for a width approximately equal to their width during a 100-year flood. See § 165-63, Stormwater management, Subsection O, Stormwater easements, in Chapter 165, Subdivision and Land Development, of the Township Code. No buildings shall be located within 50 feet of the center of a major natural drainage swale, or within the area covered by the 100-year floodplain.
2.
A major natural drainage swale shall be a stormwater channel segment that is unpiped and designated on the official Township Topographic Base Maps as "Drainage and Intermittent Drainage."
3.
The Board of Supervisors may allow a natural drainage swale to be diverted or piped underground in cases where the applicant proves to the full satisfaction of the Board of Supervisors that such a method would be necessary for the development of the tract, and that such a method would result in an overall improvement of stormwater management within the entire area.
§ 190-506 Floodplain management.
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Purposes. The purposes of these provisions are as follows:
1.
To promote the general health, welfare and safety of the community;
2.
To encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;
3.
To minimize danger to public health by protecting water supply and natural drainage;
4.
To reduce financial burdens imposed on the community, governments and residents by preventing excessive development in areas subject to flooding;
5.
To protect individuals from buying lands which are unsuitable for building sites or certain uses because of flooding by prohibiting the subdivision and/or development of unprotected flood-prone lands; and
6.
To regulate development in flood hazard areas in accordance with the National Flood Insurance Act of 1968 (42 U.S.C. § 4001 et seq.) and the Pennsylvania Flood Plain Management Act 166 of 1978 (32 P.S. § 679.101 et seq.).
C.
Repealer, abrogation and greater restrictions. This ordinance hereby repeals and supersedes any prior ordinances and any other similar provisions currently in effect in identified floodplain areas. However, all provisions of other ordinances shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this ordinance, the more restrictive shall apply.
D.
(Reserved)
E.
Warning and disclaimer of liability.
1.
The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply, represent, or suggest that areas outside any identified flood-prone area, or that land uses permitted within such areas, will be free from flooding or flood damages; and every person who proposes to build on or develop any land within the Township is cautioned to cause their own independent study to be made to determine the likelihood of flooding or flood damage occurring on that property.
F.
Administration.
1.
Designation of Floodplain Administrator.
a.
The Planning Director or Assistant Planning Director is hereby appointed to administer and enforce this ordinance and is referred to herein as the "Floodplain Administrator." The Floodplain Administrator may:
i.
Fulfill the duties and responsibilities set forth in these regulations;
ii.
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
iii.
Enter into a written agreement or written contract with another agency or private-sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
b.
In the absence of the designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Manager or his/her designee.
2.
Duties and responsibilities of the Floodplain Administrator.
a.
The Floodplain Administrator shall issue a floodplain development 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.
b.
Prior to the issuance of any floodplain development permit, the Floodplain Administrator 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)[2]; the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended)[3]; the Pennsylvania Clean Streams Act (Act 1937-394, as amended)[4]; and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
c.
In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the pre-improvement market value of the structure, so that a substantial improvement/substantial damage determination can be made, in accordance with FEMA's Substantial Improvement/Substantial Damage Desk Reference.
d.
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. The Floodplain Administrator shall make as many inspections during and upon completion of the work as are necessary.
e.
In the discharge of their duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials to enforce the provisions of this ordinance.
f.
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
g.
The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this ordinance, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
h.
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.
i.
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the Floodplain Administrator/manager.
j.
The Floodplain Administrator shall consider the requirements of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions thereof.
3.
Permits required. A Township floodplain development permit is required for all proposed construction, development and any man-made change to improved or unimproved real estate within a special flood hazard area, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
4.
Application procedures. Application for a floodplain development permit shall be made on forms prescribed and provided by the Township. If any proposed construction or development is located within, or adjacent to, any identified floodplain area, applicants for a building/zoning permit shall, in addition to supplying such information as may be required by the provisions of other Township ordinances, supply the following specific information in connection with such application:
a.
A plan which accurately delineates the area which is subject to flooding, the location of the proposed construction, the location of any other floodplain development or structures, and the location of any existing or proposed stream improvements or protective works. Included shall be all plans for proposed subdivision and land development in order to ensure that:
i.
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
ii.
All utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage;
iii.
Adequate drainage is provided so as to reduce exposure to flood hazards;
iv.
Structures will be anchored to prevent flotation, collapse, or lateral movement;
v.
Building materials are flood-resistant;
vi.
Appropriate practices that minimize flood damage have been used; and
vii.
Electrical, heating, ventilation, plumbing and conditioning equipment and other service facilities have been designed and located to prevent water entry or accumulation.
b.
Such plan shall also include existing and proposed contours; information concerning base flood elevations, velocities, and other applicable information such as pressures, impact and uplift forces associated with the base flood; size of structures; location and elevations of streets; plans and engineering analyses to document compensatory storage; water supply and sanitary sewage facilities; soil types; and floodproofing measures.
c.
A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the base flood elevations, pressures, velocities, impact, and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure.
d.
A document, certified by a registered professional engineer or architect, which shows that the effect of any proposed development within a floodway area will not increase the base flood elevation at any point.
e.
Information showing the proposed lowest floor and basement elevations in relation to the North American Vertical Datum of 1988.
5.
Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Township to the Northampton County Conservation District for review and comment prior to the issuance of a building/zoning permit. The recommendations of the Conservation District shall be incorporated into the proposed plan.
6.
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (such as the Planning Commission, Township Engineer, etc.) for review and comment, and the comments of the agencies or individuals to whom such submissions are made shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.
7.
Other permit issuance requirements. Prior to the issuance of any floodplain development permit, the applicant shall obtain all other necessary governmental permits, such as those required by state and federal laws, including, but not limited to, those required by Act 537, the Pennsylvania Sewage Facilities Act,[5] the Water Obstruction Act of 1913, and the Federal Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1334.
[5]
Editor's Note: See 35 P.S. § 750.1 et seq.
8.
Changes. After the issuance of a floodplain development permit, no changes of any kind shall be made to the application, permit, or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator; and any work done pursuant to such permit shall be done in accordance with plans, specifications and other documents and in accordance with any conditions imposed upon the granting of said permit by the Township. Requests for any change to the application, permit, plans, specifications or other documents shall be in writing and shall be submitted by the applicant to the Floodplain Administrator for consideration.
9.
Start of construction.
a.
Work on the proposed construction shall begin within 180 days after the date of issuance of the floodplain development permit, and work shall be completed within 12 months after the date of issuance of the permit, or the permit shall expire, unless a time extension is granted, in writing, by the Floodplain Administrator. Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
b.
Construction shall be considered to have started with the first placement of permanent construction on the site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation or the affixing of any prefabricated structure to its permanent site. Permanent construction does not include land preparation, land clearing, grading, filling, excavation for a basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street. For a substantial improvement, construction shall be considered to have started with the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
10.
Inspection and revocation. During the construction period, the Township shall inspect the premises to determine that the work is progressing in compliance with the permit and with all applicable Township laws and ordinances. In the event it is found that the work does not comply with the permit or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Township shall revoke the permit and take such other action as in the circumstances it may deem appropriate.
11.
Enforcement. Failure to comply with the provisions of this ordinance is a violation of this ordinance, and the Floodplain Administrator shall proceed with enforcement action in accordance with Municipalities Planning Code (MPC) § 616.1, Enforcement Notice,[6] § 617.2, Enforcement Remedies (penalties)[7], and Article X-A, Appeals to Court.[8] The Floodplain Administrator may also issue a declaration of violation, under Section 1316 of the National Flood Insurance Act of 1968,[9] to the Federal Emergency Management Agency to deny flood insurance on the property in violation. The effects of having a § 1316 violation are nonavailability of flood insurance for any buildings, possible reduction of market value, risk of damage without compensation, possible mortgage foreclosure, and denial of disaster assistance for repair of structural damage.
a.
Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
i.
Be in writing;
ii.
Include a statement of the reasons for its issuance;
iii.
Allow a time, not to exceed a period of 30 days, for the performance of any act it requires;
iv.
Be served upon the property owner or his agent, as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;
v.
Contain an outline of remedial actions which, if taken, will affect compliance with the provisions of this section.
b.
Appeals. Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this ordinance may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.
iii.
Granting of a municipal appeal will not relieve a landowner from the obligation to comply with the minimum requirements of the National Flood Insurance Program. Landowners that fail to meet the program's minimum requirements, notwithstanding any appellate decision to the contrary, are in violation of the National Flood Insurance Program and remain subject to the accompanying penalties.
G.
Description and identification of floodplain areas.
1.
Identification. The identified floodplain area shall include any areas of Palmer Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated July 16, 2014, and issued by the Federal Emergency Management Agency (FEMA), or the latest revision thereof, including all digital data developed as part of the FIS. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Palmer Township and declared to be part of this ordinance.
2.
Description and special requirements. The identified floodplain area shall consist of the following specific areas:
a.
The floodway area shall consist of those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
i.
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis (HEC-RAS) performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
ii.
Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
b.
The AE Area shall consist of those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
i.
The AE Area adjacent to the floodway shall consist of those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
c.
The A Area shall consist of those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
In lieu of the above, the Township 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 Township. [See provisions for site-specific floodplain studies in Subsection H(4) below.] |
3.
Floodplain as overlay area. The identified floodplain area shall function as an overlay district, which is incorporated within the RBO Riparian Buffer Overlay, as identified and regulated within this ordinance. All portions of this ordinance shall also apply to the floodplain area; except that where the floodplain regulations and other regulations of this ordinance regulate the same matter, the more-restrictive regulation shall apply. Should any part of the identified floodplain area be declared inapplicable because of lawful official action of the Board of Supervisors, the Zoning Hearing Board, the Federal Insurance Administration or a court of competent jurisdiction, the underlying zoning district shall continue to remain in effect.
4.
Studies by a developer.
a.
If the applicant does not desire the regulations of the identified floodplain area to apply within an approximated floodplain, the applicant may, at the applicant's expense, have a detailed study completed to determine the exact base flood elevation using accepted hydraulic modeling techniques (HEC-RAS, HEC-2, etc.).
b.
This determination shall be made under the review and approval of the Township Engineer and be sealed by a professional engineer.
c.
An applicant may also provide any base flood elevation and floodway data available from a federal, state or other reputable source.
d.
Such study may also seek to show that an area is within an A or AE flood area and not the floodway area.
e.
Based upon such study and information, in areas that the Township Engineer determines, in writing, not to be within the identified floodplain area, the regulations of the identified floodplain area shall not apply.
f.
No modification or revision of the water surface elevation, the floodway area, or any area identified as being flood-prone as set forth in the latest Flood Insurance Study prepared by the Federal Insurance Administration shall be made without prior written approval from the Federal Insurance Administration.
5.
Changes in identification of floodplain area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval (CLOMR) must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data.
6.
Boundary disputes. When exact measurements do not exist, the boundaries of the floodplain areas shall be determined by the Floodplain Administrator by scaling distances off the Flood Insurance Rate Map. If an applicant challenges such determination by the Floodplain Administrator, the applicant may appeal the boundaries to the Zoning Hearing Board, which shall seek comments from the Township Engineer. The person contesting the location of the floodplain boundary shall have the burden of establishing that the land does not lie within the identified floodplain area.
H.
Floodplain area prohibited uses. On any site or portion of a site which is located in a special flood hazard area, the construction, enlargement or expansion of any of the following uses shall be specifically prohibited, regardless of their elevation relative to the floodplain:
1.
All new or substantially improved:
a.
Residential dwellings.
b.
Commercial, institutional or industrial structures.
c.
Hospitals, nursing homes, jails and prisons.
d.
Mobile/manufactured homes, a mobile/manufactured home park or a recreational vehicle park.
e.
Solid waste disposal areas/facilities.
f.
Dumps or junkyards.
g.
Outdoor storage or disposal of all materials.
h.
Bulk storage of manure, except within a waterproof enclosure.
i.
On-site sewage disposal systems.
j.
Any building or structure which would cause any increase in the base flood elevation.
k.
All uses not specifically permitted, unless their allowance is clearly implied in the determination of the Zoning Hearing Board by a very close similar use.
2.
Any new or substantially improved structure which will be used for the production or storage of any hazardous materials or substances, or which will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any hazardous materials or substances on the premises, or which will involve the production, storage or use of any amount of radioactive substances, including, but not limited to, the comprehensive list in accordance with the regulations of the US Environmental Protection Agency or as otherwise more currently published.
3.
The production or storage of any substance defined as hazardous waste under the Pennsylvania DEP's Hazardous Waste Management Regulations in quantities of more than five gallons within the identified floodplain area.
4.
The filling of marshlands, dredging, removal of topsoil or damming or relocation of any watercourse, except with the approval of the Pennsylvania DEP.
5.
Any relocation or altering of a watercourse if the water-carrying capacity will be reduced without an appropriate alternative method of stormwater management approved under Chapter 165, Subdivision and Land Development, of the Township Code or any relocation of a waterway without needed Pennsylvania DEP permits. The State Floodplain Coordinating Office and downstream municipalities shall be notified prior to any alteration or relocation of a stream watercourse, and copies of such notifications shall be submitted to FEMA and the Pennsylvania Department of Community and Economic Development.
6.
The following activities or practices are expressly prohibited within floodplain areas:
a.
Clear-cutting of timber or high grading of forests.
b.
Removal or disturbance of vegetation in a manner that is inconsistent with the regulations of this chapter.
c.
Use of fertilizers, pesticides, herbicides, and/or other chemicals, except for selective herbicide application by a qualified professional to control noxious weeds and invasive species of plans in riparian buffers. For the purpose of this provision, a qualified professional shall be licensed by the PA Department of Agriculture as a Commercial/Public Pesticide Applicator and shall be certified in the applicator category of "Right-of-way and weeds" per state regulations, 7 Pa. Code § 128.42, as amended.
d.
Storage or discharge of any hazardous or noxious materials, except those used during emergencies for the treatment and/or maintenance of any public sewer and public water treatment facilities (i.e., generator sets or alternative drive units).
e.
Motor or wheeled vehicle traffic in any area not associated with a designated stream crossing, recreation trail or municipal utility access affixed by their function.
f.
The disturbance of any land or water not associated with the uses listed Subsection C(3) above.
7.
No fill shall be permitted in the floodway or special flood hazard area.
I.
Permitted uses in special flood hazard areas shall be as follows, provided that all other requirements of this section and this ordinance are complied with:
1.
Crop farming, orchards and raising of livestock.
2.
Plant nursery or Christmas tree farm.
3.
Recreational uses, including public and private parks, day camps, picnic groves, golf courses, hunting and fishing membership clubs and boating launches, marinas, docks, wharves, piers, etc., but not to include recreational vehicles or recreational vehicle parks.
4.
Game farm, fish hatchery, hunting and fishing reserve.
5.
Nature reserve.
6.
Front, side or rear yards and required lot area for uses that may or may not be in an abutting district.
7.
Pervious parking areas.
J.
Conditional uses. All applications for conditional uses shall require appropriate state and federal approvals. Conditional uses in the floodplain area shall be as follows:
1.
Dams, culverts and bridges approved by the Pennsylvania DEP if it has jurisdiction over the watershed in question, or by the governmental agency exercising jurisdiction over the watershed.
2.
Paved roads, and driveways, parking areas, and loading areas.
3.
Storm sewers, not including detention facilities.
4.
Grading or regrading of land, including the deposit of topsoil and the grading thereof, and the construction of retaining walls, provided that a detailed engineering study is provided that proves to the satisfaction of the Zoning Hearing Board, based upon review by the Township Engineer, that the grading work will not individually or collectively increase the base flood elevation more than one foot at any point.
K.
Permissible nonconformities. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions may be continued, subject to the following conditions:
1.
Existing nonconformities (structures and/or uses) located in the floodway area shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream improvements).
2.
Any modification, alteration, repair, reconstruction or improvements of any kind to a nonconformity (structure and/or use) located in the floodway area shall be elevated and/or floodproofed in accordance with the provisions of this ordinance.
3.
The modification, alteration, repair, reconstruction or improvement of any kind to a nonconformity (structure and/or use), regardless of location, to an extent or amount of 50% or more of its value constitutes a substantial improvement and, therefore, shall be undertaken only in full compliance with the provisions of this and any other applicable ordinance.
4.
Uses or adjuncts thereof which are or become nuisances shall not be permitted to continue.
L.
Fill in the floodplain. No fill shall be permitted in the floodway or special flood hazard area. Minor filling may be allowed where needed to protect or restore natural floodplain functions, such as a part of a channel restoration project. Placement of fill in the 0.2% annual chance flood hazard (500-year floodplain) is discouraged and should be minimized. Placement of fill shall be restricted to functional purposes such as elevating a structure. Placement of fill to dispose of spoil from excavation or to elevate yards, parking lots, or fields will not generally be considered a functional purpose. In addition to any required federal and state permits, a Township floodplain development permit shall be required for any filling of either the floodplain area or anywhere within 100 feet of the top of the primary bank of the Lehigh River or the Bushkill Creek or within 50 feet of the top of the primary bank of the Schoeneck Creek. An applicant for such permit shall prove that there will be no increase in stormwater flows or flooding of the contiguous properties of other owners. If fill is used, it shall:
1.
Extend laterally at least 15 feet beyond the building line from all points.
2.
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
3.
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
4.
Be no steeper than one vertical foot to three horizontal feet, unless substantiated data justifying steeper slopes are submitted to, and approved by, the Floodplain Administrator.
5.
Be used to the extent to which it does not adversely affect adjacent properties.
M.
Design standards and improvements.
1.
General.
a.
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 and until all required permits or approvals have been first obtained from the commonwealth. In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
b.
Where not prohibited by this or any other laws or ordinances, land located in flood-prone area(s) may only be platted for development subject to the requirement that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other laws and ordinances regulating such development.
c.
No subdivision and/or land development, or part thereof, shall be approved if the proposed development and/or improvements will, individually or collectively, increase the base flood elevation more than one foot at any point. In identified floodplain areas where base flood elevation data are not available, plans shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision and letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
d.
If the Palmer Township Board of Supervisors shall determine that only a part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.
e.
When a developer does not intend to develop the plat himself and the Palmer Township Board of Supervisors determines that additional controls are required to ensure safe development, it may require the developer to impose appropriate deed restrictions on the land as recommended by the Township Solicitor. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.
f.
Requirement for compensatory storage. All new development shall provide compensatory storage at hydraulically equivalent sites up to a maximum of 195 for a ratio of 1.5:1 or greater. Fill (other than temporary structures and temporary storage) is permitted in flood hazard areas outside of floodways if compensatory storage is provided. Engineering analyses prepared by a qualified professional shall be submitted to demonstrate the compensatory storage hydraulically balances the fill.
2.
Elevation and floodproofing requirements.
Within any Floodplain Area any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the Floodplain Area, then the following provisions apply:
a.
Residential structures.
i.
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 on foundations that are designed and sealed by a registered design professional as complying with the requirements of the International Building Code.
ii.
The design and construction standards and specifications contained in the 2018 IBC, the 2018 IRC and 34 Pa. Code, or the most recent revisions thereof, shall be utilized where they are more restrictive.
b.
Nonresidential structures.
i.
Any new construction or substantial improvement of a nonresidential 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 below the regulatory flood elevation:
ii.
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations," published by the United States Army Corps of Engineers (June 1972, or as amended), or with 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. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.
iii.
The design and construction standards and specifications contained in the 2009 IBC, the 2009 IRC and 34 Pa. Code, or the most recent revisions thereof, shall be utilized where they are more restrictive.
c.
Space below the lowest floor.
i.
Fully enclosed space below the lowest floor (excluding basements) 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 floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
ii.
Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
[a]
There shall be a minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space installed on two separate walls.
[b]
The bottom of all openings shall be no higher than one foot above grade.
[c]
Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
d.
Elevation records. Records of elevations of the base flood elevation and the lowest floor (including basement) of structures shall be provided by the applicant for all new or substantially improved structures in, and in vicinity to, the floodplain areas. Such information shall indicate whether or not such structures contain a basement. Such information shall be maintained in Township records.
3.
Construction standards. The following minimum standards shall apply for all construction proposed to be undertaken within any identified flood-prone area:
a.
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner without damage to persons or property. The system shall ensure drainage at all points 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.
b.
Sanitary sewer facilities.
i.
All new or replacement sanitary sewer facilities, whether public or private, and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed and floodproofed up to the regulatory flood elevation.
ii.
No part of any on-site waste disposal 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.
iii.
The Palmer Township Board of Supervisors may prohibit installation of on-lot sewage disposal facilities requiring soil absorption systems where such systems will not function due to high groundwater, flooding, or unsuitable soil characteristics. The Board of Supervisors may require that the developer note on the face of the plat and in any deed of conveyance areas of the subdivision where soil absorption fields are prohibited.
iv.
The design and construction provisions of the UCC and most recent version of FEMA No. P-348, "Protecting Building Utilities from Flood Damages," and "The International Private Sewage Disposal Code" shall be utilized.
c.
Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damage.
d.
Streets. The finished elevation of proposed new streets shall be no more than one foot below the regulatory flood elevation.
e.
Utilities. All other utilities, such as gas lines, electrical and telephone systems, being placed in flood-prone areas should be located, elevated (where possible) or floodproofed up to a point one foot above the regulatory flood elevation, and constructed to minimize the chance of impairment during a flood.
f.
Storage. No materials that are buoyant, flammable, explosive or, in times of flood, could be injurious to human, animal, or plant life shall be stored below the regulatory flood elevation.
g.
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 floodwater.
h.
Anchoring.
i.
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
ii.
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.
i.
Floors, walls and ceilings.
i.
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.
ii.
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
iii.
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.
iv.
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
j.
Paints and adhesives.
i.
Paints or other finishes used at or below the regulatory flood elevation shall be of a water-resistant quality.
ii.
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.
iii.
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
k.
Electrical systems and components.
i.
Electric water heaters, furnaces, air-conditioning and ventilating systems, and other electrical equipment or apparatus shall not be located below the regulatory flood elevation.
ii.
Electrical distribution panels shall be at least three feet above the regulatory flood elevation.
iii.
Separate electrical circuits shall serve lower levels and shall be dropped from above.
l.
Utilities and equipment.
i.
Water heaters, furnaces, air-conditioning and ventilation units and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
ii.
All fuel supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provision shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
4.
Pilings or columns rather than fill, for the elevation of structures within flood-prone 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.
§ 190-507 Erosion control and grading.
A.
For all activities which would involve the disturbance of earth, other than routine crop farming unrelated to development, applicants shall prepare an E&S control plan. For proposals disturbing over an area greater than 5,000 square feet or disturbance of slopes of over 15% shall submit in advance a grading plan to the Township and a soil and erosion and sedimentation control plan to the County Conservation District. The erosion control plan shall be revised as needed until it is found acceptable by the Conservation District. Copies of all data submitted to CCD and related correspondence shall be copied to the Township. Compliance with such approved plan shall be a condition of any Township permit, and a Township permit may be suspended for noncompliance.
B.
Grading regulations.
1.
The existing grade shall not be increased so that unstable slopes are created.
2.
The surface area of any yard adjacent to a building or structure shall be graded so that surface water will be drained away from such structure.
3.
The deposit of soils, detritus or other debris (as a result of site preparation, grading or excavating) shall not be unsightly or detrimental to any property, street, sewer or natural waterway.
4.
Materials used for fill as a future base for construction shall be nonorganic and provide a suitable and secure base.
5.
The Board of Supervisors may require appropriate underground testing of a proposed building site if there is doubt in the opinion of the Township Geotechnical Engineer that the subsurface is suitable and secure for building.
6.
A site plan shall be provided to the Township showing the existing natural features of a site before grading occurs, with sufficient information to ensure compliance with the tree preservation and steep slope regulations of this ordinance. Such information should also include photographs of the site prior to grading.
§ 190-508 Storage of gases, liquids and solids.
A.
All uses of this nature considered a tank farm must be registered and in compliance with the Storage Tank and Spill Prevention Act, 35 P.S. §§ 6021.101 – 6021.2104.
B.
No underground or subsurface storage of chemicals, either gas, liquid or solids, shall be permitted in any district, except for underground storage of petroleum products as regulated by the State Police and/or other state or federal regulatory agencies.
C.
All storage of explosive or hazardous substances or gases shall comply fully with the standards of the National Fire Protection Association.
D.
All bulk outdoor commercial storage facilities for fuel, chemicals or hazardous machinery, other than at construction sites shall be enclosed by a secure fence with a minimum height of six feet.
§ 190-509 Sewage treatment.
(Hereafter, in this section, "sewage" shall refer to sanitary sewage.)
A.
B.
Recertification of the adequacy of sewage disposal systems shall be required, prior to an expansion or conversion of an existing use that can reasonably be expected to increase sewage flows.
C.
Public sewerage connections. A developer shall extend the public sewerage system to each lot intended to involve development of a new principal use and each principal use shall connect to the public sewerage system, unless the Board of Supervisors determines that such extension and/or connection would be impossible or cost-prohibitive. If the Board of Supervisors determines that such service currently is not reasonably accessible, then capped sewers shall be required to be installed by the developer, within the requirements of § 165-64, Sanitary sewage systems, in Chapter 165, Subdivision and Land Development, of this Code.
E.
Sanitary sewage disposal improvements installed by the developer shall meet requirements of the authority or Township providing such service and DEP regulations.
F.
Sanitary sewerage systems shall not be used to carry stormwater and shall be constructed and maintained to prevent inflow and infiltration.
§ 190-510 Noise control.
A.
No person shall operate or cause to be operated on private or public property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use:
Sound Level Limits by Receiving Lands Use and Time | ||
|---|---|---|
Land Use or Zoning District Receiving Noise | Hours and Days | Maximum Permitted Sound Level (dBA) |
Principally residential lot or nursing homes | 7:00 a.m. to 10:00 p.m. other than Sundays and major legal holidays | 62 |
10:00 p.m. to 7:00 a.m. and Sundays and major legal holidays | 57 | |
Industrially developed or zoned lots | All times and days | 74 |
Any lot not listed above | 7:00 a.m. to 10:00 p.m. other than Sundays and major legal holidays | 67 |
10:00 p.m. to 7:00 a.m. and Sundays and major legal holidays | 62 | |
B.
The maximum permissible sound level limits set forth in Subsection A shall not apply to any of the following noise sources:
1.
The emission of sound for the purpose of alerting persons to the existence of an emergency.
2.
Emergency work to provide electricity, water or other public utilities when public health or safety are involved.
3.
Domestic power tools, between the hours of 7:00 a.m. and 10:00 p.m.
4.
Construction (associated with publicly declared emergencies and including necessary blasting) and street and utility repair operations.
5.
Agriculture.
6.
Motor vehicles traveling on public streets. (See the State Motor Vehicle Code.)
7.
Public celebrations specifically authorized by the Township.
8.
Railroads or airplanes.
9.
The unamplified human voice.
C.
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 sound level shall not exceed 20 dBA over the ambient sound level, regardless of time of day or night or receiving land use.
D.
Sound levels (dBA) shall be measured by a qualified professional. If a violation is not found, the measurement shall be at the expense of the property owner of the receiving land use. If a violation is found, the measurement shall be at the expense of the violator.
§ 190-511 Vibration control.
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 average person (without the use of instruments) on private property outside of the lot lines of the use generating the vibration. This restriction shall not apply to occasional non routine blasting that may be necessary during construction of structures, streets or utilities.
§ 190-512 Dust, dirt, smoke, vapor, gas and odor control.
A.
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted which does not conform with the standards established under DEP air pollution control regulations.
B.
No use shall generate odors that would be seriously offensive to persons of average sensibilities beyond the boundaries of a lot line.
C.
Any spreading of manure and septic sludge shall follow good soil and water conservation and standard practices to reasonably minimize odor. General standards shall be those recommended by the Northampton County Conservation District and United States Department of Agriculture.
§ 190-513 Light and glare control.
A.
Overall. All uses shall direct, deflect and shield lights and control the intensity of lights and illuminated signs to avoid nuisances and prevent glare onto other properties and streets and to avoid distractions to motorists. Lights shall not shine directly into the normal line of sight of motorists. Lights shall not produce a strobe effect.
B.
This section shall not apply to Township or government agency owned and installed streetlights, signage, or public safety devices, or an individual porch light of less than eight feet total height attached to a dwelling or within a front yard (not including an unshielded spot light).
C.
Luminaire height. No luminaire, spotlight or other light source that is within 200 feet of a lot line of an existing dwelling or approved residential lot or within a residential district shall be placed at a height exceeding 20 feet above the average surrounding ground level. In other situations, a luminaire or spotlight shall not be placed more than 30 feet above the average surrounding ground level. These limitations shall not apply to lights needed for air safety or lights intended solely to illuminate an architectural feature of a building, nor lighting of outdoor public recreation facilities that is aimed downward.
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 adjacent dwellings, and to prevent the lighting from shining into the eyes of passing motorists.
F.
Flickering. Flashing, flickering, or strobe lighting are prohibited, except for nonadvertising seasonal lights between October 25 and January 10.
G.
Gasoline sales canopies. Any canopy over gasoline pumps shall have light fixtures recessed into the canopy or screened by an extension around the bottom of the canopy so that lighting elements are not visible from another lot or street.
H.
Maximum spillover. Exterior lighting from any use onto a residential use shall not cause a spillover of light onto a residential lot that exceeds 0.1 of a footcandle, measured at line of sight inside the residential lot line, except where that lighting level is already exceeded by preexisting conditions, the spillover may be increased by 0.1 footcandle. This limit shall also apply to sign lighting.
I.
Lighting of horizontal surfaces. For the lighting of predominantly horizontal surfaces such as parking areas and vehicle sales areas, lighting fixtures shall be aimed downward and shall include full cut-off measures as needed to properly direct the light and to meet the maximum spillover requirements of Subsection H above and to prevent glare onto streets. The Township may require that light fixtures for nonresidential uses be placed along the street and be aimed away from the street in a manner that also minimizes light shining onto residential lots.
J.
Lighting of nonhorizontal surfaces. For lighting of predominantly nonhorizontal surfaces such building walls and wall signs, lighting fixtures shall be fully shielded and shall be aimed so as to not project light towards neighboring residences or past the object being illuminated or skyward. Any lighting of a flag shall use a beam no wider than necessary to illuminate the flag. Lighting of a billboard should be attached to the top of the billboard and project downward. However, lighting shall be allowed of the United States flag from dusk to dawn, provided the light source shall have a beam spread no greater than necessary to illuminate the flag.
K.
Upward lighting and lasers. Spotlights shall not be directed upwards into the sky. Laser lights shall not be directed into the sky to attract attention to a business or activity."
L.
Signs.
1.
Nits in this section shall mean a measure of the luminance or brightness of a sign, as measured from the sign's face, in candelas per square meter.
2.
The brightness of a sign with an electronically changing message shall not exceed 3,500 nits during daytime hours and 150 nits during nighttime hours. The sign shall have an automatic dimming process to meet these maximum levels. Information on the illumination in nits shall be provided at the time of the permit application.
3.
If a digital electronic sign malfunctions, it shall be designed to display a dark static image or to turn off the image.
4.
Compliance. Compliance with the maximum luminance standard shall be certified by an independent professional after installation is complete, prior to issuance of the final permit. In case of doubt of compliance, at any time the Zoning Officer may require the owner of the sign to provide independent written proof of compliance with the luminance requirements from a qualified professional. An all-white background shall be used for the test, which shall fill the sensor of the light meter.
5.
No sign shall be excessively illuminated beyond that which is necessary for the sign to be readable. Internally illuminated signs shall be prohibited in all residential districts in the Township. Where permitted in nonresidential districts, internally illuminated signs shall have a dark background with illuminated text that accounts for a maximum of 20% total sign area. (See Figure I.).
6.
Externally illuminated signs shall be illuminated by a white, steady, stationary light. For all freestanding pole signs, the light shall be attached directly to the sign. (See Figure II.). External light shall be directed at the sign without light spillover and without causing glare for motorists, pedestrians or neighboring properties. Signs may be backlighted with a diffused or shielded light source if deemed necessary by the Township to control glare. Backlighting shall illuminate the letters, characters or graphics on the sign but not its background in order to shine only on the face of the sign and not spill over into the property.
7.
Hours of illumination. In a residential zoning district, signs may be lit during occupied hours or between the hours of 7:00 a.m. and 11:00 p.m., whichever is less. All existing internally illuminated signs in a residential zoning district shall be lit during office hours only.
8.
Digital signs and electronically changing message signs shall be prohibited in all residential districts in the Township.
§ 190-515 Control of radioactivity, electrical emissions and electrical disturbances.
A.
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted which does not comply with the regulations of the DEP, the Nuclear Regulatory Commission, Federal Energy Regulatory Commission, and the Federal Interstate Commerce Commission.
B.
No person shall conduct or permit any use to be conducted which causes electrical disturbances (except from domestic household appliances and overhead electric transmission lines) to adversely affect any equipment at any time other than the equipment creating the disturbance.
C.
No radioactive or hazardous wastes, as defined by the U.S. Environmental Protection Agency shall be disposed of within any district.
§ 190-516 Tree preservation.
§ 190-517 Toxic, hazardous, or explosive uses.
A.
Intent. This section is intended to provide a process for the Township to carefully review proposed land uses (especially industrial uses involving toxic or highly hazardous or explosive substances) to determine the threat of significant hazards to the public health and safety and/or future noncompliance with the performance standards of this article.
B.
If doubt exists whether a proposed use will comply with the performance standards of this article, the Board of Supervisors may require the applicant for a zoning or occupancy permit to fund such necessary studies to determine the use's compliance with the performance standards. Such studies shall be completed by expert(s) selected by the Board of Supervisors. Such studies should be completed in written form within 90 days after the submittal of an application for a zoning or occupancy permit.
C.
The applicant shall be required to provide such information to the appropriate reviewer designated by the Board of Supervisors to allow an accurate determination of potential hazards.
D.
If doubt exists that a use would violate the performance standards of this ordinance, the Board of Supervisors may require a use to fund such necessary independent monitoring to ensure its compliance.