The landowner, person and/or entity performing
any earthmoving (as defined by this chapter) shall comply with the
following requirements:
A.Â
Where topsoil is removed, sufficient arable topsoil
shall be set aside for respreading over the affected area. Upon the
completion of operations, such topsoil shall be respread over the
affected area to a minimum thickness of two inches or in conformance
with an approved soil rehabilitation plan which specifies the proposed
thickness of the respread layer of topsoil.
B.Â
Stripping of vegetation, regrading or other earthmoving
shall be done in such a way that will minimize erosion. The earthmoving
performed shall preserve salient natural features, keep cut and fill
operations to a minimum and ensure conformity with existing topography
so as to create the least erosion potential and to handle adequately
the volume and velocity of surface water runoff.
C.Â
Wherever feasible, natural vegetation (other than
noxious weeds) shall be retained, protected and supplemented.
D.Â
The disturbed land area and the duration of exposure
shall be kept to a practical minimum.
E.Â
Temporary vegetation or mulching shall be used to
protect exposed critical areas during the earthmoving process. Critical
areas shall generally include slopes over 15%, wetlands and areas
within 50 feet of a bank of a waterway.
F.Â
Permanent vegetation and all erosion control and drainage
measures shall be installed as soon as practical in the earthmoving
area.
G.Â
Provisions shall be made to accommodate effectively
the increased runoff caused by changed soil and surface conditions
during and after the performance of the earthmoving. Where necessary,
the rate of surface water runoff shall be structurally retarded.
H.Â
Sediment in the runoff water shall be trapped until
the disturbed land area is stabilized by the use of debris basins,
sediment basins, silt traps or other similar measures. Refer to stabilization
requirements of the Pennsylvania Department of Environmental Protection,
Northampton County Conservation District, and standards in the Erosion
and Sedimentation Pollution Control Manual.
[Amended 10-11-2016 by Ord. No. 2016-5]
I.Â
The deposit or tracking of any mud, soils, detritus
or other debris in or on any surrounding properties, public or private
streets, sewers, water systems (public, private or on lot), watercourses,
or wetlands attributable to any earthmoving activity is hereby prohibited.
J.Â
All earthmoving shall comply with the erosion and sediment pollution
control regulations of Title 25, Chapter 102, of the Pennsylvania
Code.
[Amended 10-11-2016 by Ord. No. 2016-5]
K.Â
No earthmoving activity regulated by this chapter shall take place
unless one of the following have occurred:
[Amended 10-11-2016 by Ord. No. 2016-5]
(1)Â
The Township Engineer has reviewed and approved an adequate erosion
and sediment pollution control plan;
(2)Â
The Northampton County Conservation District (or successor agency)
has reviewed and approved an adequate erosion and sediment pollution
control plan;
(3)Â
The Zoning Officer has determined that an erosion and sediment pollution
control plan is not required.
L.Â
Each of the following earthmoving activities shall require the approval
of an adequate erosion and sedimentation control plan from the Northampton
County Conservation District:
[Amended 10-11-2016 by Ord. No. 2016-5]
(1)Â
Earthmoving activities with a limit of disturbance of 25,000 square
feet or greater.
(2)Â
Earthmoving activities with a limit of disturbance of 5,000 square
feet or greater, but less than 25,000 square feet that have the potential
to affect, or are adjacent to sensitive environmental or topographic
features as determined by the Township Zoning Officer.
(3)Â
Earthmoving within, involving or affecting any wetlands or watercourses
as defined by this chapter.
(4)Â
Earthmoving involving or affecting the one-hundred-year floodplain,
as depicted on Flood Hazard Boundary Maps (latest revision) prepared
by the Federal Emergency Management Agency, Federal Insurance Administration.
(5)Â
Earthmoving within, involving or affecting any dam or natural or
man-made waterway or watercourse.
(6)Â
Commercial forestry, other than routine thinning of woods.
M.Â
Any earthmoving that causes a plan to be required
and to be submitted to the Northampton County Conservation District
shall be subject to the following requirements:
(1)Â
The landowner and/or person or entity performing the
earthmoving shall be solely responsible for timely submission to the
County Conservation District, including payment of any required fees,
completing required application forms, addressing review comments
and resubmitting revisions as necessary for adequacy.
(2)Â
Earthmoving activities shall comply with all requirements of Title
25, Chapter 102, of the Pennsylvania Code as well as comments or guidelines
issued by the Northampton County Conservation District, and the approved
erosion and sediment pollution control plan.
[Amended 10-11-2016 by Ord. No. 2016-5]
(3)Â
The Zoning Officer or designated Township official
may delay or suspend the issuance of a building permit, zoning permit,
occupancy permit, sewage facilities permit, driveway permit or any
other Township permit until a landowner, person and/or entity performing
any earthmoving is in compliance with this chapter. All Township permits
shall be issued with the condition that all earthmoving regulations
and plans have been complied with.
(4)Â
The following approvals/permits may also be applicable
where earthmoving activities are conducted:
(a)Â
NPDES permits for stormwater discharges from
construction activities.
(b)Â
Erosion and sedimentation control plan (such
as plans for a subdivision).
(c)Â
DEP surface mining permit.
(d)Â
State or federal statues, regulations or laws
that clearly and specifically preempt this section.
(e)Â
Routine agricultural activities subject to compliance
with a soil conservation plan.
(5)Â
Slopes that pose a threat of instability, in the opinion
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.
(6)Â
The ground adjacent to any building shall be graded
so that surface water will be drained away from the structure. Drainage
shall be directed and controlled only as indicated on drainage plans
approved by the Township.
(7)Â
No grading shall be conducted that leaves soils, rocks
or other debris in an unsightly condition.
(8)Â
Materials used for fill as a future base for construction
shall be nonbiodegradable and well compacted and provide a suitable
and secure base. The Zoning Officer may require the submission of
an approved erosion and sedimentation control plan prior to any earth
fill operations.
(9)Â
Outdoor disposal or burial of junk or solid waste
is prohibited, except as is specifically permitted as part of an approved
solid waste disposal facility, composting facility or junkyard.
A.Â
No landowner, tenant or lessee shall use or allow
to be used any land or structure in a way that results or threatens
to result in any of the following conditions:
(1)Â
Transmission of communicable disease, including conditions
that may encourage the breeding of insects or rodents.
(2)Â
A physical hazard to the public, or a physical hazard
that could be accessible by children.
(3)Â
Pollution to groundwaters or surface waters, other
than as authorized by a state or federal permit.
(4)Â
Risks to public health and safety, such as but not
limited to explosion, fire or biological hazards to toxic substances.
(5)Â
Interference with the reasonable use and enjoyment
of nearby properties.
B.Â
It is the responsibility of every property owner to
ensure that his actions and/or activities do not directly or indirectly
threaten public health or safety. Property owners shall be obligated
to take prompt remedial action to resolve or remove hazards to the
public health and safety. This shall include, but is not limited to,
removal, securing or restoration of structures that are structurally
unsound or damaged by fire.
A.Â
No person shall operate or cause to be operated on
private or public property any source of continuous sound (any sound
which is static, fluctuating or intermittent with a recurrence greater
than one time in any fifteen-second interval) in such a manner as
to create a sound level which exceeds the limits set forth in this
section in the following table when measured at or within the property
boundary of the receiving land use.
B.Â
The following shall be the maximum sound levels for
the stated times. The sound levels shall be measured at the lot line
of the receiving dwelling or zoning boundary.
Sound Level Limits by Receiving Land Use
and Time
| |||
---|---|---|---|
Receiving Land Use
|
Time
|
Sound Level Limit
| |
A/RR Residential
|
7:00 a.m. to 9:00 p.m.
|
57 dBA
| |
District or lot line of existing dwelling or
hospital
|
9:00 p.m. to 7:00 a.m. plus Sundays and holidays
|
53 dBA
| |
Commercial or RC District
|
At all times
|
64 dBA
| |
Industrial District
|
At all times
|
69 dBA
|
C.Â
For any source of sound which emits a pure tone, the
maximum sound-level limits set forth in this section shall be reduced
by five dBA.
D.Â
The maximum permissible sound-level limits set forth
in this section shall not apply to any of the following noise sources:
(1)Â
The emission of sound for the purpose of alerting
persons to an emergency.
(2)Â
Repair or construction work to provide electricity,
water or other public utilities within the hours of 7:00 a.m. to 9:00
p.m., except for clearly emergency repairs which are not restricted
by time.
(3)Â
Household power tools and lawn mowers between the
hours of 8:00 a.m. and 9:00 p.m.
(4)Â
Construction operations and repairs of public facilities
within the hours of 7:00 a.m. to 9:00 p.m., except for emergency repairs.
(5)Â
Agricultural activities, including livestock. A commercial
kennel shall comply with this chapter.
(6)Â
Public celebrations specifically authorized by the
Township.
(7)Â
Railroads.
(8)Â
Unamplified human voices.
(9)Â
Routine ringing of bells and chimes by a place of
worship.
E.Â
Impulsive sounds. For any source of sound which emits
an impulsive sound (a sound of short duration, with an abrupt onset
and rapid decay and an occurrence of not more than one time in any
fifteen-second interval), the excursions of sound-pressure level shall
not exceed 20 dBA over the ambient sound-pressure level, regardless
of time of day or night or receiving land use.
A.Â
No person shall operate or permit the operation of
any device or conduct or permit any use to be conducted that creates
vibration which is above the vibration perception threshold of an
individual at or beyond the property boundary of the source (if on
private property) or at 50 feet from the source (if on public property
or public right-of-way).
B.Â
For the purposes of this section, "vibration perception
threshold" means the minimum ground- or structure-borne vibrational
motion necessary to cause a normal person to be aware of the vibration
by such direct means as, but not limited to, sensation by touch or
visual observation of moving objects.
A.Â
Air pollution. All uses shall comply with applicable
state and federal air pollution laws and regulations.
B.Â
Odors. No use shall generate odors that would be seriously
offensive to persons of average sensibilities beyond the boundaries
of a lot line. Note: This provision relating to odors shall not be
enforced in a manner that would conflict with the Pennsylvania Right
to Farm Act.[1]
[1]
Editor's Note: See 3 P.S. § 951
et seq.
C.Â
Any storage or spreading of manure, septage or septic
sludge shall follow good soil and water conservation and odor-reduction
practices recommended by the Pennsylvania State University Agricultural
Extension Service.
[Amended 3-13-2018 by Ord. No. 2018-3]
A.Â
This section shall not apply to streetlighting that
is owned or maintained by the Township or a pubic utility.
B.Â
All uses or sources, including signs, shall minimize
the production of light, heat or glare that is perceptible beyond
any property line of the lot on which the light, heat, or glare is
produced.
C.Â
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 30 feet above the average surrounding
ground level. This limitation shall not apply to lights needed for
air safety or lights intended solely to illuminate an architectural
feature which has been approved by the Township.
D.Â
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 abutting streets or
lots. No spotlight shall be directed such that the bulb itself is
directly visible from a public street or residential dwelling.
E.Â
Shielding. All light sources, including signs, shall
be shielded around the light source and carefully directed and placed
to prevent the lighting from creating a nuisance to adjacent dwellings
or residentially zoned areas and to prevent the lighting from creating
a hazard to passing motorists.
F.Â
No lighting source, including signs, shall spill over
a property line in such a way as to cause an illumination of greater
than the following amounts, measured on the surface at the lot line
of the receiving lot or street:
(1)Â
One footcandle spill over at a residential lot line
between the hours of 10:00 p.m. and 7:00 a.m.
(2)Â
One-half footcandle spill over at a residential lot
between the hours of 5:00 p.m. and 10:00 p.m.
(3)Â
Four footcandles spill over at any lot line other
than a residential lot line or at a street right-of-way line.
G.Â
Flashing, flickering or strobe lighting is prohibited,
except as Christmas decorations between November 15 and January 30.
H.Â
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. The standards of the International
Commission on Illumination shall serve as a general guide in measurements
in case of uncertainty. A footcandle is defined as a unit of measurement
equaling the illumination on a surface one square foot in area where
there is a distribution of light having a candlepower of one candela.
I.Â
Designated snow area. The applicant shall provide a designated "snow
area" on the plan displaying where snow will be plowed to, deposited
and stored. Applicant shall also display on the plan how the melted
snow shall be discharged into the storm sewer system. Applicant shall
ensure all melted snow deposited into the storm sewer shall not have
an adverse effect on the stormwater system.
A.Â
All Township landowners, tenants or lessees shall
not allow, except in certain limited circumstances, as hereinafter
defined, the land surface application of sewage sludge unless the
application is in accordance with standard agricultural practices
and specifically incidental to agricultural activities and obtained
from municipal treatment plants or from private residential septic
systems only. Any and all other operations, handling, processing,
storing, or disposing of any other waste material shall be governed
strictly in accordance with DEP regulations.
B.Â
Any landowner, tenant, lessee, individual, association,
company or entity wishing to apply, dispose, spread or deposit municipal
sewage sludge or private residential septic tank pumpings on any lands
or property within the Township shall first submit an application
to the Township containing the following information:
(1)Â
A copy of its application to the Department of Environmental
Protection (DEP) for a permit.
(2)Â
Copies of any and all materials, documents, and drawings
submitted with said application to DEP.
(3)Â
A narrative describing the proposed land application
program, including the source of sludge, the proposed utilization
rate per acre, time period of operation and the total amount to be
applied during the time of utilization.
(4)Â
Topographical drawing, prepared by a registered engineer,
to a scale no greater than one inch equals 200 feet, showing:
(a)Â
Location of the site relative to public roads.
(b)Â
Identity of owners of adjacent properties.
(c)Â
Boundaries of the area to be used for land application.
(d)Â
Location of public and private water supplies,
wells, springs, streams, swamps or other bodies of water within a
quarter mile of the boundaries of the proposed land application site.
(e)Â
Soil classifications of the land application
area.
(f)Â
Vegetation.
(5)Â
An application fee as determined by resolution of
the Board of Supervisors shall be required with the application for
all private residential septic tank pumpings. For all other applications
there shall be an application fee accompanying the application in
the nonrefundable amount as determined by resolution of the Board
of Supervisors. Said application fee shall be used to offset all Township
costs, including Township engineering review and monitoring fees.
The applicant shall pay any additional costs which exceed the initial
fee.
C.Â
The Township Planning Commission shall review the
application together with all submissions made by the applicant and
shall make recommendations thereon to the Board of Supervisors.
D.Â
Prior to approving the site for the land application,
utilization or disposal of sewage sludge from a municipal treatment
plant and/or pumpings from a private residential septic tank, the
Board of Supervisors, acting in conformity with existing ordinances,
shall require that:
(1)Â
Any such application shall be in full and complete
compliance with the requirements of the county, state and federal
government (including but not limited to the Northampton County Conservation
District, the Pennsylvania Department of Environmental Protection
and the Environmental Protection Agency) and any existing Lehigh Township
ordinances and/or resolutions. Prior to the onset of any operations
of whatever nature, a permit shall be obtained from Pennsylvania Department
of Environmental Protection, Lehigh Township, and, if applicable,
the Northampton County Conservation District and Environmental Protection
Agency.
(2)Â
The proposed operation will not create a nuisance
in the Township or otherwise impose a hardship on adjoining property
owners or the Township in general.
(3)Â
All operations shall be strictly in conformance and
compliance with the requirements of the aforesaid governmental regulatory
agencies.
(4)Â
The applicant shall maintain records of quantities,
dates, sources, and location of the above-described waste and shall
furnish copies of said records to the Township upon request.
(5)Â
The utilization, disposal and/or land application
shall be strictly in accordance with standard agricultural methods
and procedures and strictly incidental to agricultural activities
being performed upon the approved site.
(6)Â
Any application, utilization or disposal of the waste
materials for the purposes of land reclamation or land disposal, as
permitted by the Pennsylvania Solid Waste Management Act,[1] is expressly prohibited without a valid DEP permit and
approval of the Board of Supervisors.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
(7)Â
Chemical analyses and laboratory testing of the subject
waste shall be performed at the discretion of the Board of Supervisors
and at the applicant's expense by an independent laboratory selected
or approved by the Township Supervisors, which test results shall
immediately be made available to the Township. Any waste materials
so deposited shall have a BOD (biochemical oxygen demand) concentration
of less than 4,000 parts per million, dry basis, and concentrations
of toxic or hazardous materials such as heavy metals (e.g., cadmium,
copper, chromium, lead, mercury, nickel and zinc), viruses, pathogens,
chemicals or radioactive materials shall not exceed the express written
limits and criteria as promulgated from time to time by EPA and/or
DEP. Any waste containing concentrations in excess of the above levels
shall be expressly prohibited.
(8)Â
Any waste materials so applied to the land shall be
injected under the surface of the soil or, if spread on the surface,
shall be plowed under within 24 hours.
(9)Â
A soil analysis, at the applicant's expense and performed
by an independent laboratory selected and approved by the Township,
shall be performed semiannually and results shall be provided immediately
to the Township.
(10)Â
Waste materials shall be applied to the land
immediately upon delivery to the site and shall not under any circumstances
be stored upon the site for any purpose or any period of time.
(11)Â
No site shall be approved which contains less
than 20 contiguous acres.
(12)Â
Any ponding or standing accumulations of said
waste materials are expressly prohibited.
(13)Â
Said materials are to be applied in quantities
which will result in no runoff, vector or odor problem. In addition,
said materials are not to be applied in quantities which will result
in accelerated levels of surface or ground water contamination or
pollution.
(14)Â
Said materials are not to be applied when the
ground is saturated, snow covered, or frozen or during extended periods
of rain.
(15)Â
Said materials are not to be applied within
250 feet of stream, 500 feet of water supplied, five feet of property
lines and 300 feet of occupied dwellings.
(16)Â
No sewage sludge shall be permitted anywhere
within the Township unless its source is from a municipal treatment
facility acceptable to the Board of Supervisors.
(17)Â
No dumping from septic tank systems shall be
permitted unless its source is from a private residential septic system
acceptable to the Board of Supervisors.
(18)Â
No chemical analysis shall be required for private
residential septic tank pumpings.
(19)Â
No BOD limitation shall be imposed on said private
residential septic tank pumpings.
(20)Â
The rate of application shall be limited to
no more than 3,000 gallons per acre per year.
E.Â
The Board of Supervisors shall, within 90 days following
the full submission of the application, render a final decision and
shall, by official written communication to the applicant, either:
F.Â
The Board of Supervisors may transmit copies of said
application to the Planning Commission of the Township for its review
and comments. Further, the Board of Supervisors may, in its discretion,
schedule a public hearing pursuant to public notice for the purpose
of reviewing said application and receiving the comments of the public.
G.Â
Any land within the Township which has been used for
the purposes herein discussed shall be designated on a map of Lehigh
Township which shall be maintained by the Township Zoning Officer
and shall be available for inspection through the Secretary/Treasurer
of the Board of Supervisors. Any property owner whose land has been
used as hereinabove discussed shall not at any time sell, transfer,
convey or otherwise dispose of his/her said property without first
informing any proposed purchaser, lessee, assignee or grantee that
his/her said land has been used for such purposes.
H.Â
All applicants proposing to use their property as
above described shall, prior to use, deliver to the Township Board
of Supervisors a liability indemnification, on a form to be prepared
by or approved by the Township Solicitor, pursuant to the terms of
which the applicant specifically agrees to indemnify fully and hold
harmless Lehigh Township and all of its officers, agents, and employees
from any and all liability and litigation defense costs accruing to
any person(s) as a result of any use of any land in the Township permitted
by the Board of Supervisors pursuant to this section.
I.Â
The Board of Supervisors shall require the applicant
to submit to the Township an insurance policy covering liability for
any harm to persons and/or damage to properties resulting from the
aforesaid activities. Said insurance policy shall be in full force
and effect for the entire duration of the above operations and for
at least two years following the termination of said operations. The
amount of said insurance coverage shall be specified by the Board
of Supervisors based upon its judgment as to the potential for harm
or damage.
J.Â
Any person who shall violate the provisions of this
section shall, upon conviction, be sentenced to pay up to the maximum
fine as provided by law, plus costs of prosecution. Each day a violation
continues to exist shall constitute a separate offense. The Township
Supervisors are authorized to institute proceedings in Northampton
County courts or state or federal courts to enforce provisions of
this section.