Tatamy City Zoning Code
ENVIRONMENTAL PROTECTION
§ 155.170 ENVIRONMENTAL PRESERVATION REQUIRED.
A use shall not occur in such a way that can be clearly proven on the basis of professional engineering and environmental study to be a significant hazard to the public health and safety or environmental quality.
(Ord. passed 2-4-1991, § 501)
§ 155.171 NUISANCES AND HAZARDS TO PUBLIC SAFETY.
(A) No land owner, tenant nor leasee shall use or allow to be used land, structures or premises that they are responsible for and/or using in such a way as to threaten or create any of the following situations or conditions or activities:
(1) Communicable disease hazards, including activities that encourage the breeding of disease- prone insects or rodents;
(2) Significant physical hazards to the public, especially hazards that would be easily accessible by small children;
(3) Activity that would prevent a neighboring landowner of ordinary sensibilities from making reasonable use of their property;
(4) Activity that would be a significant hazard to the public health and safety because of serious explosive, fire, biological, biogenetic or toxic hazards; and (See § 155.175 of this chapter.)
(5) Activity that would seriously threaten or cause serious pollution to ground waters or surface waters.
(B) It is the responsibility of every property owner to ensure that his, her or their property does not threaten the public health or safety. Property owners shall remove or alter any structure or situation that threatens the public health and safety. This includes, but is not limited to: structurally unsound structures, including those damaged by fire; and storage areas and detention basins that are not properly secured from young children.
(C) If the Zoning Officer becomes aware of a serious threat to the public health and safety, the Zoning Officer may, but is not required to, require that the property owner resolve the hazard. If the hazard is not removed within a reasonable period of time after such notice, the borough may, at the option of Borough Council, remove the hazard or contract for its removal. In such case, the property owner shall be required to compensate the borough for all such expenses for such work and any reasonable accompanying legal and administrative costs. The borough does not take responsibility for identifying or removing all hazards.
(D) The state’s Department of Labor and Industry requirements for fire safety of commercial, industrial, apartment and institutional buildings shall be complied with as applicable.
(Ord. passed 2-4-1991, § 502)
§ 155.172 WETLANDS.
(A) If a reasonable doubt exists in the determination of the Zoning Officer, the Borough Engineer, the Planning Commission or Borough Council whether a portion of a site would meet one or more state or federal definitions of a “wetland”, the Zoning Officer shall require the applicant to provide a study by a qualified professional delineating whether wetlands exist prior to construction.
(B) All applicants are put on notice that federal regulations may require a property owner to demolish newly constructed buildings and to remove all fill if land meeting a definition of “wetland” is altered.
(C) All permits of the borough are issued on the condition that the applicant comply with federal and state wetlands regulations.
(Ord. passed 2-4-1991, § 503)
§ 155.173 SETBACKS FROM SURFACE WATERS.
(A) Intent. To protect the water quality of surface waters in the borough, to preserve physical access to surface waters in case of future public acquisition, to minimize erosion and sedimentation, to preserve the natural storm water drainage system of the area and to conserve sensitive wildlife and aquatic habitats and to provide for setbacks that can be used as required yard areas for a use.
(B) Setbacks from major surface waters. No building, off-street parking or commercial or industrial storage or display area shall be located within 75 feet of the top edge of each closest bank of a major surface water. See the borough floodplain map in case a wider area is regulated under Chapter 152 of this code of ordinances. The exact location of the top edge of the bank shall be determined by the Borough Engineer. Major surface waters are defined as “the Bushkill Creek”.
(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.
(Ord. passed 2-4-1991, § 504)
§ 155.174 FLOODPLAIN AREAS.
The requirements of Chapter 152 of this code of ordinances, as amended, shall apply and are hereby incorporated into this chapter by reference.
(Ord. passed 2-4-1991, § 505)
§ 155.175 STORAGE OF EXPLOSIVE AND HAZARDOUS SUBSTANCES.
(A) No aboveground or surface storage of potentially explosive or hazardous liquids, gases or chemicals in any quantity in excess of 250 cubic feet in volume shall be stored or maintained within 150 feet of a residential district boundary or abutting dwelling, except for the following substances for on-lot use: building heating fuels; fire suppression chemicals; fertilizers; janitorial chemicals; and printing supplies.
(B) All outdoor bulk aboveground or surface storage facilities areas for potentially explosive or hazardous liquids, gases or chemicals shall be enclosed by a secure chainlink or similar fence with a minimum height of seven feet, and shall include a sign stating their contents.
(C) No substance shall be stored in such a way that it could be washed into the ground water or surface water, if such substance could seriously contaminate ground water or surface water or serious harm aquatic life of a waterbody.
(D) If a substance threatens ground water or surface water contamination, it shall be stored within an impermeable containment. Such storage shall be surrounded if needed by a berm that would drain any spilled substance to a engineered collection area.
(Ord. passed 2-4-1991, § 506)
§ 155.176 SEWAGE DISPOSAL.
(A) Compliance. All methods of sewage and waste treatment and disposal shall meet the requirements of State DER and be in accordance with the Official Borough Sewage Facilities Plan, as amended, when 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.
(C) Back-up system. Any lot using an on-lot septic system that is granted final subdivision approval after the adoption of this section shall include an open, unpaved land area that is tested by the Borough Sewage Enforcement Officer and found to be a generally suitable area for the installation of a second system if the first system failed. This requirement for an alternative system location shall not apply if the applicant proves to the satisfaction of the Zoning Officer that public sewage service can be reasonably expected to serve the lot within three years from the date of occupancy.
(D) On-lot systems and lot area. The minimum lot areas shall not apply if a testing of a site for a septic system results in a determination by the Sewage Enforcement Officer that a larger lot area is needed, in which case that larger lot area shall be the minimum.
(E) EDU. For all non-residential uses not connected to an approved central sewage treatment system that meets both state and borough requirements, an amount of wastewater shall not be generated for treatment through an on-site absorption area that is greater than an average of one equivalent dwelling unit per acre of lot area.
(Ord. passed 2-4-1991, § 507)
§ 155.177 NOISE.
(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 in this section in the following table, when measured at or within a lot line of the receiving lot or district boundary:
Sound Level Limits by Receiving Land Use and Time | ||
Receiving Land Use Category or District | Hours | Sound Level Limit |
Commercial or CR District | At all times | 65 dBA |
Industrial District | At all times | 72 dBA |
Residential District or lot line of an existing dwelling or hospital | 7:00 a.m. to 9:00 p.m., other than Sundays | 57 dBA |
9:00 p.m. to 7:00 a.m., plus all day Sundays and federal holidays | 53 dBA | |
Notes to Table: dBA means “A” weighted decibel | ||
(B) For any source of sound which emits a pure tone, the maximum sound level limits set forth in the above table shall be reduced by five dBA.
(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 9:00 p.m., except for clearly emergency repairs which are not restricted by time;
(3) Household power tools and lawnmowers between the hours of 8:00 a.m. and 9:00 p.m.;
(4) Agricultural activities, including permitted animal husbandry, but not exempting a commercial kennel;
(5) Motor vehicles traveling on state-owned streets, railroads and aircraft;
(6) Public celebrations specifically authorized by the Borough Council or a county, state or federal government agency or body;
(7) Unamplified human voices; and
(8) Routine ringing of bells and chimes by a place of worship or municipal clock.
(Ord. passed 2-4-1991, § 508)
§ 155.178 VIBRATION.
No use shall generate vibration that is perceptible to an average person through his or her senses, without the use of measuring instruments, on private property beyond the exterior lot line of the use generating the vibration.
(Ord. passed 2-4-1991, § 509)
§ 155.179 ODORS AND OPEN BURNING.
(A) Odors.
(1) No use shall generate odors that are seriously offensive to persons of average sensibilities beyond the boundaries of a lot line.
(2) This shall not apply to odors created by permitted agricultural uses that are using “normal farming practices” within Act 133 of 1982, as amended, the state’s Right to Farm Act.
(3) This section shall apply to uses that do not follow the farming practices referenced in that state law, such as if a use does not plow under manure within the specified period of time.
(B) Open burning. See §§ 93.01 through 93.03 of this code of ordinances, as amended.
(Ord. passed 2-4-1991, § 510)
§ 155.180 LIGHT, GLARE AND HEAT CONTROL.
(A) Street lighting exempted. This section shall not apply to street lighting that is owned or maintained by the borough or the state.
(B) Minimization. All uses or sources, including signs, shall minimize the production of light, heat or glare that is perceptible beyond any property line of the lot on which the light, heat or glare is produced.
(C) Height of lights. No luminaire, spotlight or other light source that is within 200 feet of a dwelling or residential district shall be placed at a height exceeding 40 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 or adjacent lots. No spotlight shall be directed such that the bulb itself is directly visible from a public street or dwelling.
(E) Shielding. All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings or 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 spillover a property line in such a way as to cause an illumination of greater than the following amounts, measured on the surface at the lot line of the receiving lot or street:
(1) Three-tenths footcandle spillover at ten feet inside a residential lot line between the hours of 10:00 p.m. and 6:00 a.m.; and
(2) One footcandle spillover at 10 feet inside a residential lot line between the hours of 7:00 p.m. and 10:00 p.m.
(G) Flickering. Flashing, flickering or strobe lighting are prohibited, except for non-advertising seasonal lights between October 25 and January 12.
(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.
(Ord. passed 2-4-1991, § 511)
§ 155.181 PLACEMENT, SCREENING OF WASTE CONTAINERS; REQUIRED FENCING OF OUTDOOR STORAGE.
(A) Placement. Whenever reasonable, commercial, industrial and institutional outdoor machinery that could create a noise nuisance shall be placed on a side of a building that does not face an abutting existing dwelling, residential district or other noise-sensitive use.
(B) Safety. Hazards involving outdoor machinery and storage shall be well-marked.
(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 or evergreen plants shall be used for such screening.
(2) Setback from dwellings. If physically possible, any solid waste container with a capacity of over ten cubic feet shall be kept a minimum of ten 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. Outdoor industrial storage areas involving storage covering more than 5,000 square feet of land, and stationary hazardous machinery and equipment that are outdoors shall be secured by fencing or walls that are reasonably adequate to make it extremely difficult for children under the age of ten to enter, unless the applicant proves in writing to the satisfaction of the Zoning Officer, that such fencing or walls are not needed.
(Ord. passed 2-4-1991, § 512)
