Upper Macungie Township
City Zoning Code
City Zoning Code
PART 5
ENVIRONMENTAL PROTECTION
§ 27-501 Performance Standard Procedure.
[Ord. 9-94, 4/7/1994, § 501]
1.
Statement Required. Applicants for a principal commercial or industrial use shall include with a zoning permit application a statement acknowledging understanding of the performance standards of this Part and affirming their agreement to conduct such use at all times in full conformance with these standards.
2.
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 avoid such hazards. In such case, the following shall be provided at a minimum:
A.
Detailed written descriptions of processes, equipment, operations and/or hazardous substances involved. The Township may agree that specific portions of such submittal be returned after the review or be reviewed in the company's offices to protect proprietary information.
B.
An accident preparation prevention contingency plan (PPC), in detail and scope that is satisfactory to the Township.
3.
Professional Review. Where the evaluation and assessment of how the proposed processes, operations and/or hazardous substances may threaten the public health and safety requires knowledge of technologies and scientific disciplines beyond the familiarity of the Township or of volunteer advisers who may readily be available to the Township, then the applicant or use may be required by motion of the Board of Supervisors to provide an independent objective expert outside consultant to provide a review to the Township. The qualifications of such expert shall be provided in advance of the report. Such consultant's review and report shall be funded by the applicant or use. Such report shall review potential public health and safety hazards from the use and suggest methods to minimize such hazards. The major conclusions of such report shall be written so as to be understood by a layperson.
§ 27-502 Nuisances and Hazards to Public Safety.
[Ord. 9-94, 4/7/1994, § 502]
1.
No landowner, tenant nor lessee shall use or allow to be used land or structures in a way that results or threatens to result in any of the following conditions:
[Amended by Ord. 2010-6, 8/19/2010]
2.
It is the responsibility of every property owner to ensure that his or her 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 structures or damaged by fire.
3.
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 Part 5, unless the applicant can show good cause why such action should not be taken.
4.
Township Removal of Physical 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.
5.
Former Landfills and Hazardous Dumps. Prior to development approval of former solid waste landfills or sites that the Township believes 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.
A.
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.
§ 27-503 Wetlands.
[Ord. 9-94, 4/7/1994, § 503]
1.
It shall be the expressed 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 have doubts 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. However, the Township does not automatically accept the 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 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. In addition, no permit shall be issued that permits earth disturbance or placement of any structure within 10 feet of a wetland.
[Amended by Ord. 2010-6, 8/19/2010]
§ 27-504 Setbacks From Surface Waters.
[Ord. 9-94, 4/7/1994, § 503]
1.
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.
2.
Setbacks From Major Surface Waters.
A.
No building, off-street parking or commercial or industrial storage or display area shall be located within 50 feet of the top of bank of a major surface water or the edge of the one-hundred-year floodplain, whichever is greater. See the Township Floodplain Map in case a wider area is regulated under the Floodplain Ordinance. The exact location of the top of bank shall be determined by topographic survey. The edge of the floodplain shall be as established by the Flood Insurance Rate Map. The area within the 50 feet from the top of bank or one-hundred-year floodplain shall be planted with trees and vegetation so as to establish a riparian buffer.
[Amended by Ord. 2010-6, 8/19/2010]
B.
"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 be the Little Lehigh Creek, Schaeffer Run Creek, Haassen Creek and Iron Run Creek.
3.
Exemption. The setbacks of this Section shall not apply to public utility facilities or publicly owned recreational facilities.
4.
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.
§ 27-505 Steep Slopes.
[Ord. 9-94, 4/7/1994, § 505]
1.
If an area of a lot including slopes of 15% or greater is proposed for construction of a new principal building, streets or driveways or nonagricultural grading, then the applicant shall submit a steep slope site plan to the Zoning Officer. These submittal requirements may be met by including the required information on subdivision/land development plans.
2.
A steep slope site plan shall meet the following requirements:
A.
Show detailed slope contours for all areas that are intended to be or that potentially may be disturbed and/or constructed upon.
B.
Separately identify all areas of slope of 15% to 20%, 20% to 25%, and all areas of greater than twenty-five-percent slope using two-foot contour intervals. Isolated areas or pockets of 500 square feet or less in size shall be considered as part of the surrounding slope area.
C.
Be to scale (such as one inch equals 50 feet).
D.
Show substantial massed areas of trees over six inches in 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.
E.
Be stamped by a professional surveyor, professional engineer, engineer-in-training, registered landscape architect or registered architect.
F.
Show proposed locations of driveways, on-lot septic fields and streets, and provide evidence that such features will meet applicable Township and DEP maximum slope regulations. (NOTE: If the exact location of the driveways and on-lot septic systems is not known, then the exact outer limits shall be shown where those facilities will potentially be located. Once a lot is approved, the locations of such features shall only be changed if the applicant proves to the Township that new locations would meet all Township and DEP requirements.)
G.
State the maximum slope of proposed driveways and streets.
H.
Show the area defined by the required front, side and rear yard setbacks, the area within which is normally known as the "building envelope area."
(1)
At the option of the applicant, the plan may specify the proposed locations of principal building(s). In such case, the provisions of this Section shall apply to the entire building envelope area unless the applicant restricts by covenant that the principal building will be limited to specified portions of the building envelope area. (NOTE: If the exact location of the principal building is not definitely determined at the time of plan submittal, then the plan shall designate the exact outer limits of areas where the principal building will potentially be located. Once a lot is approved, the proposed building may only be placed outside of the approved location if: a) the applicant proves to the Zoning Officer that the revised location would still meet the requirements of this § 27-505; or b) the Zoning Hearing Board grants a variance, within the standards of state law.)
(a)
For a new single-family detached dwelling, the proposed building area or building envelope area shall have a minimum area of 3,500 square feet. The 3,500 square feet area shall be a minimum of 40 feet in depth by 70 feet in width. In addition to the above minimum dimensions, there shall be an area designed to accommodate accessory structures or uses. This may be an enlargement of the minimum dimensions or the creation of a single separate area that will contain 700 square feet.
[Amended by Ord. 2010-6, 8/19/2010]
(b)
If the proposed principal building would have a building coverage of larger than 2,800 square feet, then such larger building coverage area shall apply.
3.
Fifteen-Percent to Twenty-Five-Percent Slope. If the proposed location or building envelope area for a new principal building includes areas with slopes between 15% to 25%, the following regulations shall apply, unless more restrictive regulations are stated elsewhere in this Chapter:
B.
The proposed principal building location or building envelope area, as applicable, shall only be deemed to be in conformance with this Chapter if a maximum of 60% of the principal building location or building envelope area contains slope area of 15% to 20% or less. No more than 1/2 of the remaining principal building location or building envelope area shall have slopes greater than 25%.
4.
Greater than 25%. If a proposed principal building or building envelope area, as applicable, includes slopes greater than 25%, then the Zoning Officer shall not permit the construction of such principal buildings within these areas, and areas of greater than twenty-five-percent slope shall not be regraded for principal uses, except for isolated areas as provided in Subsection 2B of § 27-505.
5.
Streets, Driveways and Septic Systems. See applicable slope standards in the Township Subdivision and Land Development Ordinance (Chapter 22). See also DEP regulations on slopes of on-lot septic systems.
6.
Erosion. If fifteen-percent-or-greater slopes are to be disturbed, a sedimentation and erosion control plan shall be submitted to the Township and shall be put into effect. The Zoning Officer may require the applicant to submit such plan to the County Conservation District.
7.
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 at the time of the adoption of this Chapter.
8.
Man-Made Slopes. This section shall not apply to man-made slopes that naturally were not fifteen-percent-or-greater slope.
§ 27-506 Wellhead Protection; Storage of Explosive and Hazardous Substances.
[Ord. 9-94, 4/7/1994, § 506; amended by Ord. No. 2020-08, 7/9/2020]
1.
Wellhead Protection. This Chapter is also intended, through the designation of Wellhead Protection Areas 1, 2 and 3 and other wellhead protection provisions, to serve the following purposes:
A.
To recognize that the groundwater underlying the Township is a major source of existing and future water supply, including drinking water.
B.
To recognize that groundwater aquifers are integrally connected with, recharged by, and flow into springs and surface waters, which provide a major source of drinking water for the region.
C.
To recognize that accidental spills and discharges of toxic and hazardous materials may threaten the quality of groundwater supplies and surface waters and thereby pose potential public health and safety hazards.
D.
To recognize that, unless preventative measures are used to control the discharge and storage of toxic and hazardous materials, that spills and discharges of such materials would predictably occur, and that such hazards would increase as the amount of nonresidential development and traffic increases.
E.
To protect the quality of groundwater to ensure a future supply of safe and healthy drinking water for residents and local employees, and thereby protect public health and safety, through careful controls of land uses, physical facilities, and other activities that threaten water quality.
3.
Hazardous and Explosive Storage Precautions.
A.
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 seriously harm aquatic life of a waterway. Airborne releases of pollutants shall meet applicable federal and state permits.
B.
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 otherwise approved under this § 27-506.
C.
All containers of hazardous substances shall be appropriately labeled, and the areas where such containers are located shall be suitably placarded.
4.
(Reserved)
5.
(Reserved)
6.
(Reserved)
7.
(Reserved)
8.
(Reserved)
9.
(Reserved)
§ 27-507 Sewage Disposal.
[Ord. 9-94, 4/7/1994, § 507]
1.
All methods of wastewater disposal shall meet requirements of DEP, the Township Sewer Authority and the Official Township Sewage Facilities Plan, as amended, as applicable.
2.
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.
3.
Backup System. Any lot using an on-lot septic system that is to be granted final subdivision approval after the adoption of this Section shall include a second open unpaved land area suitable for an alternate septic system location. Such site shall be tested by the Township Sewage Enforcement Officer and found to meet state and Township requirements. This requirement for the alternate system location shall not apply if the applicant proves to the satisfaction of the Zoning Officer that public sewage service can reasonably be expected to serve the lot within five years from the date of occupancy.
4.
On-Lot Systems and Lot Area. A more restrictive minimum lot area may be established by the Sewage Enforcement Officer based upon DEP regulations.
5.
Nonresidential Septic Systems. A nonresidential use served by an on-lot septic absorption field shall not generate more average wastewater flow into such system than would be equal in flow to an average of one equivalent dwelling unit per acre of lot area.
§ 27-508 (Reserved) [1]
[1]
Editor's Note: Former § 27-508, Noise, adopted by Ord. No. 9-94, 4/7/1994, § 508, was repealed by Ord. No. 2024-07, 10/3/2024.
§ 27-509 Vibration.
[Ord. 9-94, 4/7/1994, § 509]
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.
§ 27-510 Odors and Dust; Air and Water Pollution.
[Ord. 9-94, 4/7/1994, § 510]
1.
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 the provisions of Act 133 of 1982, as amended, the state Right to Farm Act, or 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.
§ 27-511 Light, Glare and Heat Control.
[Ord. 9-94, 4/7/1994, § 511]
1.
Street Lighting Exempted. This § 27-511 shall not apply to streetlighting that is owned, financed or maintained by the Township or the state.
2.
All uses, signs and other sources shall be designed and operated to reasonably minimize the heat or glare they generate beyond lot lines of such source and the light they generate at night onto adjacent dwellings.
3.
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 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.
4.
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.
5.
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.
6.
Maximum Candlepower. No lighting source, including signs, shall spill over a 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:
7.
Flickering. Flashing, flickering or strobe lighting are prohibited, except for nonadvertising seasonal lights between October 25 and January 10.
8.
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 equalling the illumination on a surface one square foot in area where there is a distribution of light having a candlepower of one candela.
§ 27-512 Filling, Excavation and Grading.
[Ord. 9-94, 4/7/1994, § 512]
1.
Grading and Erosion Plans. All activities other than crop farming which involve soil disturbance (including grading, filling and excavating) over an area greater than 0.5 acre or that will create finished slopes greater than 3:1 shall submit appropriate sedimentation and erosion control and grading plans to the Township and obtain a zoning permit prior to the start of such work, unless such work was previously approved by the Township under the Subdivision and Land Development Ordinance (Chapter 22). These plans may be subject to review by the Township Engineer and the County Conservation District.
2.
Erosion. All Township permits are granted on the condition that state erosion and sedimentation regulations and any officially submitted erosion and sedimentation plan are complied with. Failure to comply with such regulations or plan shall be cause for suspension of Township permits.
3.
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.
4.
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.
5.
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.
6.
Fill. Materials used for fill as a future base for construction shall be nonbiodegradable, well compacted and provide a suitable and secure base. The Zoning Officer, upon the advice of the Township Engineer, may require that an applicant fund appropriate underground testing of a proposed building site if there is reasonable doubt in the opinion of the Township Engineer that the subsurface is suitable and secure for the proposed use.
7.
Dumping. Outdoor dumping of junk or solid waste in other than an approved solid waste disposal facility, composting facility or junkyard is prohibited.
§ 27-513 Placement and Screening of Waste Containers and Outdoor Machinery and Fencing of Storage.
[Ord. 9-94, 4/7/1994, § 513]
1.
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.
2.
Safety. General types of toxic, biological, electrical and other significant hazards involving stationary outdoor machinery and storage shall be marked with signs.
3.
Solid Waste Containers.
A.
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.
B.
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.
C.
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.
4.
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:
§ 27-514 Radioactivity and Electrical Disturbances.
[Ord. 9-94, 4/7/1994, § 514]
1.
No use shall produce ionizing radiation unless:
A.
If the source of such radiation is a machine or a radioactive substance regulated by the state, then the facility shall be duly registered with the DEP Bureau of Radiation Protection, with a copy of such registration and/or license submitted to the Zoning Officer.
B.
If the source of such radiation consists of nuclear reactor by-product material, the facility shall have been duly licensed with the Nuclear Regulatory Commission, with a copy of such license submitted to the Zoning Officer.
2.
Information Regarding Development Near Power Lines.
A.
Purpose. To encourage but not require "prudent avoidance" of high levels of power-line radiation, until such time as hazards to humans are further studied and until any state or federal regulation may be established.
B.
Where a subdivision or land development would involve new dwelling units, a day-care center or a primary or secondary school within approximately 250 feet of existing overhead electrical transmission lines, the Zoning Officer, after considering the input of other Township officials, may require the applicant to formally request that the applicable electrical utility company measure the maximum and minimum levels of electromagnetic forces at the nearest proposed sites of such buildings.
3.
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.
4.
X-Ray Machines. Any applicant for a use that will involve an X-ray machine shall provide written evidence to the Township that the applicant has provided written notification and/or a formal application to the applicable state agency for which any applicable state radiological permit or inspection may be needed. Evidence of such notification shall be provided prior to the granting of any required Township occupancy permit for such facility.
§ 27-515 Preservation of Trees and Forests.
[Ord. 9-94, 4/7/1994, § 515]
The tree preservation provisions in Part 10 of the Township Subdivision and Land Development Ordinance (Chapter 22) shall apply not only to subdivisions and land developments but also by this reference shall apply to the development of a principal use and/or the preparation of a lot for a principal use under this Chapter.
§ 27-516 Stripping of Topsoil.
[Ord. 9-94, 4/7/1994, § 516]
The permanent stripping and removal of more than 50% of the topsoil from any lot is prohibited, except on portions of a lot for which approval has been received to construct a building or paving. This Section shall not restrict the temporary stockpiling of topsoil during construction, nor routine crop farming practices.