The landowner, person and/or entity performing
any earthmoving (as defined by this chapter) shall comply with the
following requirements:
A. 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. 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. Wherever feasible, natural vegetation (other than
noxious weeds) shall be retained, protected and supplemented.
D. The disturbed land area and the duration of exposure
shall be kept to a practical minimum.
E. 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. Permanent vegetation and all erosion control and drainage
measures shall be installed as soon as practical in the earthmoving
area.
G. 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. 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. 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. 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. 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) The Township Engineer has reviewed and approved an adequate erosion
and sediment pollution control plan;
(2) The Northampton County Conservation District (or successor agency)
has reviewed and approved an adequate erosion and sediment pollution
control plan;
(3) The Zoning Officer has determined that an erosion and sediment pollution
control plan is not required.
L. 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) Earthmoving activities with a limit of disturbance of 25,000 square
feet or greater.
(2) 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) Earthmoving within, involving or affecting any wetlands or watercourses
as defined by this chapter.
(4) 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) Earthmoving within, involving or affecting any dam or natural or
man-made waterway or watercourse.
(6) Commercial forestry, other than routine thinning of woods.
M. 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) 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) 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) 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) The following approvals/permits may also be applicable
where earthmoving activities are conducted:
(a)
NPDES permits for stormwater discharges from
construction activities.
(b)
Erosion and sedimentation control plan (such
as plans for a subdivision).
(c)
DEP surface mining permit.
(d)
State or federal statues, regulations or laws
that clearly and specifically preempt this section.
(e)
Routine agricultural activities subject to compliance
with a soil conservation plan.
(5) 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) 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) No grading shall be conducted that leaves soils, rocks
or other debris in an unsightly condition.
(8) 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) 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.
(10)
Stormwater management facilities shall comply with Chapter
138, Stormwater Management, that was adopted pursuant to Act 167 of 1978.
[Amended 3-13-2018 by Ord. No. 2018-3]
A. This section shall not apply to streetlighting that
is owned or maintained by the Township or a pubic utility.
B. 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. 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. 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. 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. 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) One footcandle spill over at a residential lot line
between the hours of 10:00 p.m. and 7:00 a.m.
(2) One-half footcandle spill over at a residential lot
between the hours of 5:00 p.m. and 10:00 p.m.
(3) Four footcandles spill over at any lot line other
than a residential lot line or at a street right-of-way line.
G. Flashing, flickering or strobe lighting is prohibited,
except as Christmas decorations between November 15 and January 30.
H. 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. 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.
[Added 3-13-2018 by Ord.
No. 2018-3]
In all zoning districts all diesel-powered trucks shall comply
with the requirements of Pennsylvania Act 124 of 2008.