Upper Nazareth Township
City Zoning Code
City Zoning Code
PART 5
ENVIRONMENTAL PROTECTION
§ 27-501 Erosion Control.
[Ord. No. 199, 1/15/2025]
1.
The landowner, person and/or entity performing any earth disturbance shall utilize sufficient measures to prevent soil erosion and sedimentation of streams and creeks.
A.
The disturbed land area and the duration of exposure shall be kept to a practical minimum.
B.
Except for agricultural activities, any earth disturbance over 5,000 square feet of land area shall require the submission of an adequate erosion and sedimentation control plan to the County Conservation District.
C.
See Pennsylvania erosion control regulations (25 Pa. Code Chapter 102).
§ 27-502 Nuisances and Hazards to Public Safety.
[Ord. No. 199, 1/15/2025]
1.
No landowner, tenant nor lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:
A.
Transmission of communicable disease, including conditions that may encourage the breeding of insects or rodents.
B.
A physical hazard to the public, or a physical hazard that could be an attractive nuisance that would be accessible by children.
C.
Pollution to groundwaters or surface waters, other than as authorized by a state or federal permit.
D.
Risks to public health and safety, such as but not limited to unpermitted explosion, fire and biological hazards.
E.
Interference with the reasonable use and enjoyment of property by a neighboring landowner of ordinary sensitivities.
2.
Additional Information. If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards of this Part, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards.
3.
For any industrial land use development greater than two acres, pre- and post-development groundwater well testing shall be required.
§ 27-503 Wetlands.
[Ord. No. 199, 1/15/2025]
See § 27-308.
§ 27-504 FP Floodplain District (Flood-Prone Areas).
[Ord. No. 199, 1/15/2025]
1.
Purposes. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Floodplain Management Act of 1978, 32 P.S. § 679.101 et seq., delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. The FP District is an overlay district to the underlying zoning districts. The FP District includes areas that have been identified by the federal government and the Township as being subject to periodic inundation by floodwaters. This inundation needs to be managed to avoid loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, impairment of tax base, and other adverse effects on the public health, safety, and general welfare. The FP District is intended to manage development and alteration of floodplain areas to avoid incompatible or dangerous development. In addition to serving the purposes listed in Part 1, this section is intended to:
A.
Promote the general health, welfare, and safety of the community.
B.
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C.
To prevent the erection of structures in areas with a known danger from flooding.
D.
Minimize danger to public health by protecting water supply and natural drainage.
E.
Control development which, alone or in combination with similar development, could create burdens on the community, governments, emergency service providers and individuals for the costs of flood control works, rescue, relief, emergency preparedness measures, sandbagging, pumping, and temporary dikes or levees, as well as business interruptions, factory closings, disruptions of transportation routes, and interference with utility services, as well as other factors that result in loss of wages, sales, and production and generally adversely affect the economic well-being of the community.
F.
Comply with federal and state floodplain management requirements.
G.
To maintain a stable tax base that is not threatened by the destruction of properties.
H.
To permit certain uses which can appropriately be located in the floodplain as herein defined without impeding the flow of floodwaters or otherwise causing danger or damage to life or property at, above, or below their locations in the floodplain.
I.
To permit certain uses in the floodplain in ways that preserve natural conditions conducive to the maintenance of ecological balance, wildlife and productive wildlife habitat, marine life and productive marine habitat, other healthy biotic systems, scenic and natural values, constant rates of water flow throughout the year, and areas for groundwater absorption for sustaining the subsurface water supply.
J.
To provide sufficient unimpeded drainage courses and prohibit the restriction of their carrying capacities so as to safely carry abnormal flows of stormwater from periods of heavy precipitation.
K.
To prevent the placement of materials which might be swept by floods onto other lands or downstream to the injury of others.
L.
To provide for public awareness of flooding potential and to discourage and protect unwary individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
M.
To regulate uses, activities, development, and structures which, acting alone or in combination with existing or future uses, activities, development, or structures, will cause increases in flood elevations, velocities, and frequencies.
N.
To provide areas for the deposition of sediment.
O.
To protect people and property in other municipalities within the same watershed from the impact of improper development in floodplains and the consequent increased potential for flooding.
2.
Relationship to Other Parts and Sections. The provisions of this section create an overlay zoning district which is applicable within floodplains in all other zoning districts established by this chapter. If any provisions of this section conflict with other parts and sections of this chapter, and all other ordinances of the Township, then the more restrictive condition shall apply. However, no other part and section of this chapter, as amended, and of other ordinances of the Township shall supersede the intent of this section to limit all activity in the FP District such that no activity will cause any increase in flood elevations, velocities, and frequencies.
3.
Applicability.
A.
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the FP District of the Township unless a permit has been obtained from the Floodplain Administrator.
B.
A permit shall not be required for minor repairs to existing buildings or structures.
4.
Abrogation and Greater Restrictions. This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other 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 section, the more restrictive shall apply.
5.
Warning and Disclaimer of Liability.
A.
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 or flood elevations may be increased by man-made or natural causes, such as, but not limited to, ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
B.
This section shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
6.
Administration.
A.
Designation of the Floodplain Administrator.
(1)
The Zoning Officer is hereby appointed to administer and enforce this section and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: (a) fulfill the duties and responsibilities set forth in these regulations; (b) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or (c) 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.
(2)
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Engineer.
B.
Permits Required. Within the FP District, building permits shall be required for all proposed development, construction, reconstruction, placement, replacement, expansion, extension; repair, or other improvement of uses or structures, regardless of value, including the placement of manufactured homes and activities such as mining, dredging, filling, grading, logging, paving, excavation, or drilling operations.
C.
Duties and Responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a 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, and upon receipt of a report to be prepared by the Township Engineer.
(2)
Prior to the issuance of any permit, the Floodplain Administrator and the Township Engineer shall review the permit application 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, 35 P.S. § 750.1 et seq.; the Pennsylvania Dam Safety and Encroachments Act 32 P.S. § 693.1 et seq.; the Pennsylvania Clean Streams Act, 35 P.S. § 691.1 et seq.; and the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
(3)
In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.
(4)
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. He/she shall make as many inspections during and upon completion of the work as are necessary.
(5)
In the discharge of his/her 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, at any reasonable hour to enforce the provisions of this section.
(6)
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.
(7)
The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this section, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(8)
The Floodplain Administrator is the official responsible for submitting a biennial report to the FEMA concerning community participation in the National Flood Insurance Program.
(9)
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 this section as the Floodplain Administrator.
(10)
The Floodplain Administrator shall consider the requirements of 34 Pa. Code and the 2015 IBC and the 2015 IRC or latest revisions thereof the Township has adopted.
D.
Application Procedures and Requirements.
(1)
Every zoning permit application for work or uses within the Floodplain District shall include or be accompanied by all information necessary for the Zoning Officer to determine that the proposal meets all of the provisions of this section and this chapter.
(2)
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township. Such application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction is to occur.
(c)
Name and address of contractor.
(d)
Site location including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.
(g)
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(h)
State whether or not the structure includes a basement.
(3)
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(a)
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.
(b)
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(d)
Structures will be anchored to prevent flotation, collapse, or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(4)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination.
(a)
A completed permit application form.
(b)
A copy of all plans and applications for proposed construction or other improvements within the FP District to be considered for approval may be submitted by the Zoning Officer to any other appropriate agencies and/or individuals for review and comment.
(c)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
1)
North arrow, scale, and date.
2)
Topographic contour lines, if available.
3)
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
4)
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development.
5)
The location of all existing streets, drives, and other access ways.
6)
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
(d)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
1)
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.
2)
The elevation of the base flood.
3)
If the structure has been flood-proofed, the elevation (in relation to mean sea level) to which the structure was flood-proofed.
4)
Supplemental information as may be necessary under 34 Pa. Code, the 2015 IBC or the 2015 IRC.
(e)
The following data and documentation:
1)
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.
2)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
3)
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
4)
Documentation, certified by a registered professional engineer, architect, or landscape architect, to show that the cumulative effect of any proposed development within any identified floodplain area (see § 27-504, Subsection 7), when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
5)
Documentation, certified by a registered professional engineer, architect, or landscape architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces 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 and/or the development, a certification that they meet the provisions this section; and a certification the floodproofing measures are adequate to withstand the flood depths, pressures, velocities, impact, uplift forces, and other factors associated with the base flood, and indicating the specific elevation (in relation to mean sea level) to which such structure is flood-proofed.
6)
Documentation, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a base flood, including a statement concerning the effects such pollution may have on human life, and provides detailed information needed to determine compliance, including:
7)
Documentation, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the base flood elevation and the effects such materials and debris may have on base flood elevations and flows.
8)
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
9)
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
(5)
Applications for permits shall be accompanied by a fee, payable to the Township, prescribed, and from time to time revised, by resolution of the Township Board of Supervisors; said fee shall be based upon actual costs incurred by the Township for engineering, legal, and administrative services rendered by the Township Engineer, Solicitor, Floodplain Administrator, and other Township personnel in the course of review and approval of plans and applications and during the course of development and field inspection.
E.
Regulations and Reviews by Others.
(1)
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 or Township Engineer to any other appropriate agencies and/or individuals (e.g., planning commission, conservation district, etc.) for review and comment.
(2)
Where applicable and where possible, all necessary permits or other written approvals will be obtained from all other agencies before any approvals of plans, special exceptions, variances, or permits may be granted by the Township or its agencies, officials, or employees.
(3)
Where necessary, permits or written approvals from other agencies cannot be obtained prior to action by the Township, any approval of plans, special exceptions, variances, or permits by the Township or its agencies, officials, or employees shall be conditioned upon receiving such other agencies' permits or written approvals.
F.
Changes. After the issuance of a permit by the Floodplain Administrator, 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 the Township Engineer. Requests for any such change shall be in writing and shall be submitted by the applicant to Floodplain Administrator and the Township Engineer for consideration.
G.
Placards. In addition to the permit, the Floodplain Administrator shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the Floodplain Administrator.
H.
Start of Construction and Time Extensions. Work on the proposed construction or development shall begin and be completed within the time frames defined, "start of construction." Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the section and FIRM/FIS in effect at the time the extension is granted. Time extensions requested for projects started prior to issuance of a permit will be given additional scrutiny.
I.
Enforcement, Violations and Penalties. All of the enforcement, violations and penalty provisions of this chapter, as amended, shall apply to the administration of this section.
J.
Appeals. Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this section may appeal to the Zoning Hearing Board pursuant to the provisions of
7.
Identification of Floodplain Areas.
A.
Identification. The identified floodplain area shall be:
(1)
Any areas of the 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 most recent revision thereof; including all digital data developed as part of the Flood Insurance Study.
(2)
Any community identified flood hazard areas. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the Township and declared to be a part of this section.
B.
Description and Special Requirements of Identified Floodplain Areas. The FP District is hereby defined to include all of the following specific sub-areas within the Township:
(1)
The AE Area without floodway shall be those areas identified as Zone AE on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided in the FIS but no floodway has been delineated.
(a)
No permit shall be granted for any construction, development, use, or activity within any AE Area without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE at any point within the community or adjacent municipalities.
(b)
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office.
(2)
The A Area shall be those areas identified as Zone A 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 source shall be used when available. Where other acceptable information is not available, the elevation shall be determined by using the highest elevation of a point on the boundary of the identified floodplain area which either runs through or 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.
(3)
Community identified flood hazard areas shall be those areas where the Township has identified local flood hazard or ponding areas, as delineated and adopted on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks, soils or approximate study methodologies.
C.
Changes in Identification of 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 must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data.
D.
Boundary Disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Floodplain Administrator and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
E.
Jurisdictional Boundary Changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Township shall review flood hazard data affecting the lands subject to boundary changes. The Township shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR Part 60.3.
8.
Uses.
A.
Permitted by Right Uses. The following uses and others are permitted in the FP District, provided they are allowed in the underlying zoning district and provided they do not involve any grading or filling which would cause any increase in flood elevations or frequency, and provided they comply with other sections of this chapter.
(1)
Forestry.
(2)
Erosion and sedimentation control measures, erosion and sedimentation control facilities, and erosion and sedimentation control structures, provided no increase in flood elevations or frequency, unhealthful ponding, or other unsanitary conditions shall occur.
(3)
Public and private recreational uses such as parks, swimming areas (excluding swimming pools), play areas, day camps, campgrounds (excluding camp sites), picnic groves, lawns, gardens, golf courses, driving ranges, archery ranges, game farms, areas or clubs for hunting, fishing, and/or boating (including marker or anchor buoys), paved bicycle paths, and hiking and horseback riding trails, all excluding any structures, and excluding any grading or filling which would cause any increase in flood elevations or frequency.
(4)
Crop farming, not including buildings.
(5)
Activities related to the preservation of natural amenities, including wildlife sanctuaries, nature preserves, woodland preserves, botanical gardens, or arboreta, excluding any structures, and excluding any grading or filling which would cause any increase in flood elevations or frequency.
(6)
Stream improvements whose sole purpose is to improve aquatic life habitat, and which are approved by the Fish and Boat Commission and reviewed by the County Conservation District.
(7)
Sign posts, light posts, fences, and temporary protective fences that do not impede floodwaters.
(8)
Picnic tables, park benches, fireplaces and grills, and playground equipment, all if anchored to prevent flotation.
(9)
Blinds for the shooting or observation of wildlife, if anchored to prevent flotation.
(10)
Farm ponds which are constructed in accordance with a conservation plan reviewed by the County Conservation District and which do not create any increase in flood elevations or frequency.
(11)
Floodproofing of lawfully existing nonconforming structures and lawfully existing nonconforming uses within structures.
(12)
Public utility facilities (except buildings) under the exclusive jurisdiction of the State Public Utility Commission and specifically exempted from control by this chapter.
(13)
Water monitoring devices, docks, piers and boat launching ramps.
(14)
Utility lines.
B.
Prohibited Uses. The following uses are prohibited in the FP District:
(1)
All uses prohibited either expressly or implicitly in the underlying zoning district for the land in question.
(2)
All structures and accessory structures, with the exception of those specifically allowed in Subsection 8A(12).
(3)
Recreational vehicles and transient commercial enterprise vehicles.
(4)
Swimming pools, in-ground and above-ground.
(5)
Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of hazardous substances.
(6)
Placing, depositing, or dumping any spoil, fill, or solid waste, except such grading or filling necessary to accomplish and carry out those uses permitted in Subsection 8A; provided, however, that no grading or filling is permitted which would cause any increase in flood elevations or frequency.
(7)
Grading or filling that could cause any increase in flood elevations or frequency.
(9)
Fences of a type that could obstruct floodwaters.
(10)
Storage of herbicides, pesticides, domestic or industrial waste, radioactive materials, petroleum or other flammable materials, explosives, poisonous materials, hazardous substances, or other materials which, if flooded, would pollute the watercourse or be injurious to human, animal, or plant life.
(11)
Cemeteries for humans or animals.
(12)
Any development, structure, or use which may, whether alone or in combination with others, and except where specifically authorized elsewhere in this section:
(14)
Any new structure or building, or any expansion or substantial improvement to an existing structure or building which:
(a)
Will be used for the production or storage of any of the following dangerous materials or substances.
(b)
Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises.
(c)
Will involve the production, storage, or use of any amount of radioactive substances.
(d)
Shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
1)
Acetone.
2)
Ammonia.
3)
Benzene.
4)
Calcium carbide.
5)
Carbon disulfide.
6)
Celluloid chlorine.
7)
Hydrochloric acid.
8)
Hydrocyanic acid.
9)
Magnesium.
10)
Nitric acid and oxides of nitrogen.
11)
Petroleum products (gasoline, fuel oil, etc.).
12)
Phosphorus.
13)
Potassium.
14)
Sodium.
15)
Sulfur and sulfur products.
16)
Pesticides (including insecticides, fungicides, and rodenticides).
17)
Radioactive substances, insofar as such substances are not otherwise regulated.
9.
Special Exception Uses.
A.
Special Exception Uses. The following uses shall need special exception approval if located within the base flood area, however such uses shall not be allowed if they would violate this chapter:
B.
Standards and Criteria for Special Exceptions. Where special exception approval is required for a use within the FP District, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:
(1)
Danger to life and property due to increased flood elevations, velocities, or frequencies caused by encroachments, is minimized.
(2)
The danger that floodwaters or materials may be swept onto other lands or downstream to cause injury to others is minimized.
(3)
A possibility of disease, contamination, and unsanitary conditions, is minimized and especially that any proposed water supply or sanitation systems are able to prevent these problems.
(4)
The susceptibility of the proposed facility and its contents to flood damage, the effect of such damage on the individual owners, and the need for and effect of floodproofing, are minimized.
(5)
The proposed facility and its services are important to the community.
(6)
There are no available alternate locations not subject to flooding for the proposed use.
(7)
The proposed use is compatible with existing and anticipated development.
(8)
The proposed use is consistent with any floodplain management program for the area.
(9)
The safety of access to the property in times of flooding for ordinary and emergency vehicles is assured.
(10)
The expected area, elevation, depth, velocity, pressure, frequency, duration, rate of rise, seasonality, and sediment, debris, and pollutant load of floodwaters expected at the site is not inconsistent with the proposed use.
(11)
The proposed activity will not unduly alter natural water flow or water temperature.
(12)
Historic sites and structures and high-quality wildlife habitats will not be degraded or destroyed.
(13)
The natural, scenic, and aesthetic values at the proposed site will be conserved.
(14)
The danger, damage, and injury to all adjoining properties on both sides of any watercourse, regardless of municipality, is minimized. In this regard, any proposal affecting an adjacent municipality shall be submitted to that municipality's planning commission and governing body for review and comment.
(16)
With any floodway, the following provisions apply:
C.
Application Requirements. In hearing and deciding upon special exceptions to be granted or denied under the provisions of this section, the burden of proof shall be on the applicant. The Zoning Hearing Board may require the applicant to submit such plans, specifications, and other information as it may deem necessary to assist it in arriving at a fair and impartial determination. Such required information may include, but is not limited to, the following:
(1)
A written request including a completed special exception application form.
(2)
A small-scale map showing the vicinity in which the proposed site is located.
(3)
Plans clearly and legibly drawn to scale of one inch being equal to 100 feet or less, showing the nature, location, dimensions, and elevations of the lot, existing or proposed structures, fill, storage of materials, Flood-Proofing measures, and the relationship of the above to the location of the channel. Plan shall include a north arrow, scale and date.
(4)
A typical valley cross-section showing the channel of the watercourse, elevations of land area adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water information.
(5)
A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply facilities, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.
(6)
A profile showing the slope of the bottom of the channel or flow line of the watercourse.
(7)
Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of material, water supply facilities, and sanitary facilities.
(8)
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
D.
Referrals. In hearing and deciding upon special exceptions to be granted or denied under the provisions of this section, the Zoning Hearing Board shall solicit the comments and recommendations of the Township Planning Commission, and any other experts or authorities it may deem necessary to assist it in arriving at a fair and impartial determination.
E.
Conditions of Approval. In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
F.
Fees for Special Exceptions. Any fees assessed to an applicant for a special exception, whether for a hearing, a flood study, or any other purpose, shall not exceed those costs directly associated with the particular application.
10.
Variances.
A.
Variances shall be applied for to the Zoning Hearing Board in accordance with the requirements of this chapter.
B.
Variances from the provisions of this section are discouraged. Where, however, a variance is essential, the following requirements of the National Flood Insurance Program must be complied with in addition to all other variance provisions of this chapter, as amended, and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended. In all variance proceedings the burden of proof shall be on the applicant.
C.
No variance shall be granted for any construction, development, use, or activity within any identified floodplain area that would, together with all other existing and anticipated development, cause any increase in the BFE at any point in the Township or adjacent municipalities.
D.
No variance shall be granted for any of those prohibited uses listed.
(1)
Variances shall only be granted upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(c)
A determination that the granting of a variance will not result in increased flood elevations, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with any other applicable laws, ordinances, or regulations.
(d)
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(2)
In granting any variance, the Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this section.
(4)
A complete record of all variance requests and actions, including justifications for granted variances, shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
(5)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the base flood.
11.
Nonconforming Uses and Structures in the FP District.
A.
Continuation.
(1)
All uses or structures lawfully existing in the FP District as of the effective date of this chapter, as amended, that are not in conformity with the provisions of this section shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired and floodproofed, except as otherwise provided for in this section. However, such nonconforming uses or structures may at any time be improved to comply with existing Pennsylvania or Township health, sanitary or safety code specifications which are necessary solely to assure safe living conditions.
(2)
The provisions of this chapter, as amended, do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of this chapter shall apply.
B.
Expansion, Modification and Enlargement.
(1)
A nonconforming use or structure may not be expanded or modified in any manner which would:
(a)
Increase or aggravate flooding or flood hazards.
(b)
Causes it to occupy more ground area within the FP District than was occupied by it on the effective date of this section.
(c)
No expansion or enlargement of an existing structure shall be allowed within any flood way area that would cause any increase in the elevation of the base flood.
(d)
No expansion or enlargement of an existing structure shall be allowed within any floodplain area outside of the floodway that would, together with all other existing and anticipated development, cause any increase in the BFE.
(e)
Any modification, expansion or enlargement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.
(f)
Any modification, expansion or enlargement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible to a maximum cost of 15% of a construction cost basis. The construction cost basis shall be calculated based on the cost of construction to make the proposed improvements excluding the cost to elevate and/or floodproof. Applicant shall provide documentation of the construction cost basis as required, which the Township may have reviewed by a qualified architect or engineer. The value of self-performed work will be assessed on material and, as applicable, equipment rental cost only.
(g)
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2015 IBC and the 2015 IRC or latest revisions thereof the Township has adopted.
(h)
Any modification, alteration, expansion or enlargement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this section.
C.
Replacement and Rebuilding.
(1)
A nonconforming use or structure may be replaced, repaired or rebuilt if it is damaged or destroyed by any means, including floods, to the extent of less than 50% of its fair market value at the time of its damage or destruction. In such a case, however, the nonconformity of the new use or structure with respect to requirements as expressed in provisions of this chapter, as amended, shall not exceed that of the original use or structure which was damaged or destroyed. Nothing shall be done which would otherwise violate any of the provisions of this section.
(2)
A nonconforming use or structure which has been damaged or destroyed by any means, including floods, to the extent of 50% or more of its fair market value at the time of its damage or destruction may not be replaced, restored, repaired, reconstructed, improved, or rebuilt in any way other than in complete conformity and full compliance with this section, and all other ordinances of the Township.
(3)
The Zoning Hearing Board may waive, as a variance, the requirements of this section where it is shown that such requirements could not be met on land owned by the appellant or where such requirements would impose undue hardship to the appellant in the efficient operation of the premises. In such a case, the Zoning Hearing Board shall be authorized to grant only the minimum relief necessary, and the least modification possible of the purposes and intents of this section.
(4)
The Zoning Officer shall have the initial responsibility of determining the percent of damage or destruction and the fair market value of the damaged or destroyed use or structure at the time of its damage or destruction, and may call on any experts or authorities he may deem necessary to assist him in arriving at a fair and impartial determination. Appeals of the decision of the Zoning Officer may be made to the Zoning Hearing Board.
D.
Historical Structures. The Zoning Hearing Board shall have the right to grant, as a special exception, any deviations of this chapter for any structure listed on the National Register of Historic Places or the Pennsylvania Register of Historic Sites and Landmarks. Any exemption from section requirements will be the minimum necessary to preserve the historic character and design of the structure.
12.
Technical Provisions.
A.
General.
(1)
Applicability. If two provisions of Township regulations address the same matter, the provision that is more restrictive upon development shall apply.
(2)
Alteration or Relocation of Watercourse.
(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 by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection.
(b)
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.
(c)
In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse within the FP District overlay defined by the FEMA Flood Insurance Rate Map.
(3)
When a community or applicant proposes to permit the following encroachments:
(a)
Any development that causes a rise in the base flood elevations within the floodway.
(b)
Alteration or relocation of a stream and/or creek (including, but not limited to, installing culverts and bridges).
(c)
The applicant shall (as per 44 CFR Part 65.12):
1)
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
2)
Upon receipt of the administrator's conditional approval of map change and prior to approving the proposed encroachments, the applicant shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
3)
Upon completion of the proposed encroachments, the applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.
(4)
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this chapter, as amended, and any other applicable codes, ordinances and regulations.
(5)
Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection.
(6)
All new construction and substantial improvement shall be constructed with materials and utility equipment resistant to flood damage and shall be constructed by methods and practices that minimize flood damage.
B.
All subdivision proposals and land development proposals in identified floodplain areas where base flood elevation data are not available 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 or Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
C.
Elevation and Floodproofing Requirements.
(1)
Residential Structures.
(a)
In an AE Zone without floodway, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the RFE.
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the RFE based on the determined BFE.
(c)
The design and construction standards and specifications contained in the 2015 International Building Code (IBC) and in the 2015 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code, Chapters 401 through 405, as amended, shall be utilized.
(2)
Manufactured Homes.
(a)
Where existing manufactured homes are located within identified floodplain areas, all manufactured homes replaced, rebuilt, or otherwise substantially improved, shall be:
(b)
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2015 "International Residential Building Code" or the "U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing," 1984 Edition, draft or latest revision thereto, shall apply and 34 Pa. Code, Chapters 401 through 405.
(c)
Consideration shall be given to the installation requirements of the 2015 IBC, and the 2015 IRC or the most recent revisions thereto the Township has adopted and 34 Pa. Code, as amended, where appropriate and applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed unit(s) installation.
(3)
Nonresidential Structures.
(a)
In Zone AE without floodway, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the RFE, or be designed and constructed so that the space enclosed below the RFE:
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the RFE based on a determined BFE.
(c)
Any nonresidential structure, or part thereof, made watertight below the RFE shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) 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.
(d)
The design and construction standards and specifications contained in the 2015 International Building Code (IBC) and in the 2015 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code, Chapters 401 through 405, as amended, shall be utilized.
(4)
Space Below the Lowest Floor.
(a)
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 flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either by certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
1)
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
2)
The bottom of all openings shall be no higher than one-foot above grade.
3)
Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
D.
Design and Construction Standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal feet unless substantiated data, justifying steeper slopes, are submitted to, and approved by, the Floodplain Administrator.
(e)
Be used to the extent to which it does not adversely affect adjacent properties.
(2)
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage 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.
(3)
Water and Sanitary Sewer Facilities and Systems.
(a)
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed, and constructed to minimize or eliminate flood damages and the infiltration of flood waters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.
(c)
No part of any on-site sewage 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.
(d)
The design and construction provisions of the UCC and FEMA #348, "Protecting Building Utilities from Flood Damages," and the International Private Sewage Disposal Code shall be utilized.
(4)
Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more than one foot below the RFE.
(6)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in Subsection 8B, "Prohibited Uses," shall be stored at or above the RFE plus 1 1/2 feet of additional freeboard, a total of three feet above the BFE, or floodproofed to the maximum extent possible.
(7)
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 elevation of flood water. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, so far as is practicable, structures shall be placed approximately on the same flood flow lines as those of nearby structures.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar objects or components located below the RFE shall be securely anchored or affixed to prevent flotation.
(9)
Floors, Walls and Ceilings.
(a)
Wood flooring used at or below the RFE shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(b)
Plywood used at or below the RFE shall be of a "marine" or "water-resistant" variety.
(c)
Walls and ceilings at or below the RFE shall be designed and constructed of materials that are "water-resistant" and will withstand inundation.
(d)
Windows, doors, and other components at or below the RFE shall be made of metal or other "water-resistant" material.
(10)
Paints and Adhesives.
(a)
Paints and other finishes used at or below the RFE shall be of "marine" or "water-resistant" quality.
(b)
Adhesives used at or below the RFE shall be of a "marine" or "water-resistant" variety.
(c)
All wooden components (doors, trim, cabinets, etc.) used at or below the RFE shall be finished with a "marine" or "water-resistant" paint or other finishing material.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the RFE.
(13)
Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.
(14)
Uniform Construction Code Coordination. The standards and specifications contained in 34 Pa. Code, Chapters 401 through 405, as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this section, to the extent that they are more restrictive and supplement the requirements of this section.
International Building Code (IBC) 2015 or the latest edition thereof, §§ 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
International Residential Building Code (IRC) 2015 or the latest edition thereof, §§ R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
§ 27-505 Noise.
[Ord. No. 199, 1/15/2025]
1.
Sound Level Limits. Unless otherwise specified or controlled by the Township Noise Ordinance or regulations of the Commonwealth of Pennsylvania, the following shall apply to all new development and surface and sub-surface land use activity.
Sound Level Limits by Receiving Land Use/District | |||
|---|---|---|---|
Land Use or Zoning District Receiving the Noise | Hours/Days | Maximum Sound Level (dBA) [A = weighted decibels] | |
A. | At a lot line of a residential use in a residential district | 7:00 a.m. to 10:00 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Years Day, Labor Day and Memorial Day | 62 |
10:00 p.m. to 7:00 a.m. plus all of the following days: Sundays, Christmas, Thanksgiving, New Years, Easter Sunday, Labor Day and Memorial Day | 55 | ||
B. | Lot line of a principal residential use that is not in a residential district | Same as above | 65 |
Same as above | 62 | ||
C. | Any lot line other than A or B | All times and days | 70 |
2.
The limits set forth in the above table shall not apply to any of the following noise sources:
A.
Sound needed to alert people about an emergency.
B.
Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 6:00 a.m. and 9:00 p.m., except for clearly emergency repairs which are not restricted by time.
C.
Lawnmowers, snowblowers, leaf blowers, and household power tools between the hours of 6:00 a.m. and 9:00 p.m.
D.
Agricultural activities, livestock and other animals.
E.
Public celebrations specifically authorized by the Township Supervisors or a county, state or federal government agency or body.
F.
Unamplified human voices.
G.
Routine ringing of bells and chimes by a place of worship or municipal clock.
H.
Vehicles lawfully operating on or off a street, railroads and aircraft.
I.
Noises that continue for less than 15 total minutes per day.
J.
Those preempted by 25 Pa. Code, Chapter 77, as pertaining to mineral extraction uses.
§ 27-506 Odors and Dust.
[Ord. No. 199, 1/15/2025]
No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot. This provision shall not apply to normal farming activities that are exempted under the Pennsylvania Right to Farm Act, 3 P.S. § 951 et seq.
§ 27-507 Control of Light and Glare.
[Ord. No. 199, 1/15/2025]
1.
This section shall only regulate exterior lighting that spills across lot lines or onto public streets.
A.
Street Lighting Exempted. This section shall not apply to: (1) streetlighting that is owned, financed or maintained by the Township or the state; or (2) an individual porch light of a dwelling (not including a spot light).
B.
Height of Lights. No luminaire, spotlight or other light source that is within 200 feet of a lot line of an existing dwelling or approved residential lot shall be placed at a height exceeding 35 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building, nor lighting of outdoor public recreation facilities or a ski resort.
C.
Diffused Lighting. 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.
D.
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, and to prevent the lighting from shining into the eyes of passing motorists.
E.
Flickering. Flashing, flickering or strobe lighting are prohibited, except for nonadvertising seasonal lights between October 1 and January 10.
F.
Spillover. Exterior lighting on an institutional, commercial or industrial property shall not cause a spillover of light onto a residential lot that exceeds 0.5 horizontal foot-candle at a distance 10 feet inside the residential lot line.
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.
Horizontal Surface Lighting. For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, streets, driveways, pedestrian walkways, outdoor sales and storage areas, vehicle fueling facilities, vehicle sales areas, loading docks, recreational areas, and building entrances, fixtures shall be aimed downward.
I.
Nonhorizontal Lighting. For lighting of predominantly nonhorizontal surfaces such as, but not limited to, facades, signs, and displays, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway.
(1)
However, lighting shall be allowed onto 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.
J.
Reduction of on-site lighting shall be 50% between the hours 10:00 pm and 6:00 am.
§ 27-508 Radioactivity and Electrical Disturbances.
[Ord. No. 199, 1/15/2025]
1.
A.
There shall be no activities that emit radioactivity at any point, excepting where strict compliance with the Rules and Regulations of the National Bureau of Standards of the United States Department of Commerce and similar regulations of the Commonwealth of Pennsylvania are adhered to. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
(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 powerline 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.
(a)
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.