[Ord. 9-94, 4/7/1994, § 501]
1.
Statement Required. Applicants for a principal commercial or industrial
use shall include with a zoning permit application a statement acknowledging
understanding of the performance standards of this Part and affirming
their agreement to conduct such use at all times in full conformance
with these standards.
2.
Additional Information Required. If the Zoning Officer or Board of
Supervisors, in consideration of any advice of the Township Engineer
or Planning Commission, has reason to believe that an existing or
proposed use may create a hazard to the public health and safety,
then the Zoning Officer or Board of Supervisors may require an applicant
or use to substantiate that necessary measures will be put into avoid
such hazards. In such case, the following shall be provided at a minimum:
A.
Detailed written descriptions of processes, equipment, operations
and/or hazardous substances involved. The Township may agree that
specific portions of such submittal be returned after the review or
be reviewed in the company's offices to protect proprietary information.
B.
An accident preparation prevention contingency plan (PPC), in detail
and scope that is satisfactory to the Township.
3.
Professional Review. Where the evaluation and assessment of how the
proposed processes, operations and/or hazardous substances may threaten
the public health and safety requires knowledge of technologies and
scientific disciplines beyond the familiarity of the Township or of
volunteer advisers who may readily be available to the Township, then
the applicant or use may be required by motion of the Board of Supervisors
to provide an independent objective expert outside consultant to provide
a review to the Township. The qualifications of such expert shall
be provided in advance of the report. Such consultant's review and
report shall be funded by the applicant or use. Such report shall
review potential public health and safety hazards from the use and
suggest methods to minimize such hazards. The major conclusions of
such report shall be written so as to be understood by a layperson.
[Ord. 9-94, 4/7/1994, § 502]
1.
No landowner, tenant nor lessee shall use or allow to be used land
or structures in a way that results or threatens to result in any
of the following conditions:
[Amended by Ord. 2010-6, 8/19/2010]
2.
It is the responsibility of every property owner to ensure that his
or her activities and property do not directly or indirectly threaten
public health or safety. Property owners shall be obligated to take
prompt remedial action to resolve or remove hazards to the public
health and safety. This shall include, but is not limited to, removal,
securing or restoration of structures that are structurally unsound
structures or damaged by fire.
3.
All approvals and permits of the Township are conditioned upon compliance by the applicant with all applicable federal, state and Township laws and regulations. The Zoning Officer may suspend or revoke a permit under this Chapter where there is continuing failure by a use, applicant, property owner, business or lessee to remedy or remove a hazard to the public health and safety or other violation of this Part 5, unless the applicant can show good cause why such action should not be taken.
4.
Township Removal of Physical Hazards. If the Zoning Officer becomes
aware of a serious threat to the public health and safety from a physical
hazard, the Zoning Officer may, but is not required to, order the
property owner to resolve the hazard. If the hazard is not resolved
within a reasonable specified period of time after such notice, such
as 30 days or less, the Township may, at the option of the Board of
Supervisors, remove the hazard or contract for its removal. In such
case, the property owner shall be required to compensate the Township
for all such expenses for such work and any reasonable accompanying
legal and administrative costs. However, the Township does not accept
the responsibility to identify or resolve all hazards.
5.
Former Landfills and Hazardous Dumps. Prior to development approval
of former solid waste landfills or sites that the Township believes
may be contaminated by hazardous or toxic wastes, the Zoning Officer
shall require that the applicant provide written evidence that proves
to the satisfaction of the Zoning Officer that such conditions have
been addressed in order to ensure the health and safety of future
occupants of the development. The applicant shall also provide such
materials to the Township Engineer, Board of Supervisors and Planning
Commission for their review and comment.
A.
The applicant's proof in such cases should include, but not necessarily
be limited to, both groundwater and soil testing. Evidence shall be
provided that landfilled areas proposed for building sites will provide
stable foundations. Where outstanding violations of federal or state
environmental regulations exist or in the event of any pending action
regarding such alleged violation, then the Township may delay any
development approvals and Township permits until such time that the
applicant proves that such issues have been resolved or that such
issues would not in any way negatively impact upon the proposed use.
[Ord. 9-94, 4/7/1994, § 503]
1.
It shall be the expressed responsibility of each applicant to unequivocally
determine whether land areas proposed for alteration meet the state
or federal definition of a "wetland" before any official submittal
of development plans to the Planning Commission or Board of Supervisors
for official action. Sufficient supporting information may be required
to be submitted, to prove the extent of the wetlands to the satisfaction
of the Township Engineer. Where the Zoning Officer or Township Engineer
have doubts about the extent of wetlands, the Zoning Officer shall
require the applicant to provide a study by a qualified professional
delineating the locations of wetlands on the site. However, the Township
does not automatically accept the responsibility to identify all wetlands
or to warn all parties of such possibilities.
2.
All permits of the Township are issued on the condition that the
applicant comply with Federal and State wetlands regulations, and
such permits may be revoked, delayed or suspended by the Zoning Officer
until an applicant proves compliance with such regulations. In addition,
no permit shall be issued that permits earth disturbance or placement
of any structure within 10 feet of a wetland.
[Amended by Ord. 2010-6, 8/19/2010]
[Ord. 9-94, 4/7/1994, § 503]
1.
Purposes. To protect the quality and purity of surface waters, preserve
physical access to surface waters in case of future public or semipublic
acquisition, minimize erosion and sedimentation, preserve the natural
stormwater drainage system of the area, conserve sensitive wildlife
and aquatic habitats, preserve vegetation along waterways so as to
retard soil erosion and reduce pathways for pollutants, and provide
for setbacks that can be used as required yard areas for a land use.
2.
Setbacks From Major Surface Waters.
A.
No building, off-street parking or commercial or industrial storage
or display area shall be located within 50 feet of the top of bank
of a major surface water or the edge of the one-hundred-year floodplain,
whichever is greater. See the Township Floodplain Map in case a wider
area is regulated under the Floodplain Ordinance. The exact location
of the top of bank shall be determined by topographic survey. The
edge of the floodplain shall be as established by the Flood Insurance
Rate Map. The area within the 50 feet from the top of bank or one-hundred-year
floodplain shall be planted with trees and vegetation so as to establish
a riparian buffer.
[Amended by Ord. 2010-6, 8/19/2010]
B.
"Major surface waters" are defined as an established river or creek
that regularly conducts surface water and that serves as an important
part of the area's ecological system. The major surface waters shall
be the Little Lehigh Creek, Schaeffer Run Creek, Haassen Creek and
Iron Run Creek.
3.
Exemption. The setbacks of this Section shall not apply to public
utility facilities or publicly owned recreational facilities.
4.
Setback Areas and Construction. During any filling, grading or construction
activity, all reasonable efforts shall be made to leave the setback
areas of this Section undisturbed, except at approved waterway crossings.
[Ord. 9-94, 4/7/1994, § 505]
1.
If an area of a lot including slopes of 15% or greater is proposed
for construction of a new principal building, streets or driveways
or nonagricultural grading, then the applicant shall submit a steep
slope site plan to the Zoning Officer. These submittal requirements
may be met by including the required information on subdivision/land
development plans.
2.
A steep slope site plan shall meet the following requirements:
A.
Show detailed slope contours for all areas that are intended to be
or that potentially may be disturbed and/or constructed upon.
B.
Separately identify all areas of slope of 15% to 20%, 20% to 25%,
and all areas of greater than twenty-five-percent slope using two-foot
contour intervals. Isolated areas or pockets of 500 square feet or
less in size shall be considered as part of the surrounding slope
area.
C.
Be to scale (such as one inch equals 50 feet).
D.
Show substantial massed areas of trees over six inches in trunk width
(measured at 4.5 feet in height) and other dense vegetation proposed
to be removed or preserved prior to, during or immediately subsequent
to the development of the use.
E.
Be stamped by a professional surveyor, professional engineer, engineer-in-training,
registered landscape architect or registered architect.
F.
Show proposed locations of driveways, on-lot septic fields and streets,
and provide evidence that such features will meet applicable Township
and DEP maximum slope regulations. (NOTE: If the exact location of
the driveways and on-lot septic systems is not known, then the exact
outer limits shall be shown where those facilities will potentially
be located. Once a lot is approved, the locations of such features
shall only be changed if the applicant proves to the Township that
new locations would meet all Township and DEP requirements.)
G.
State the maximum slope of proposed driveways and streets.
H.
Show the area defined by the required front, side and rear yard setbacks,
the area within which is normally known as the "building envelope
area."
(1)
At the option of the applicant, the plan may specify the proposed locations of principal building(s). In such case, the provisions of this Section shall apply to the entire building envelope area unless the applicant restricts by covenant that the principal building will be limited to specified portions of the building envelope area. (NOTE: If the exact location of the principal building is not definitely determined at the time of plan submittal, then the plan shall designate the exact outer limits of areas where the principal building will potentially be located. Once a lot is approved, the proposed building may only be placed outside of the approved location if: a) the applicant proves to the Zoning Officer that the revised location would still meet the requirements of this § 27-505; or b) the Zoning Hearing Board grants a variance, within the standards of state law.)
(a)
For a new single-family detached dwelling, the proposed building
area or building envelope area shall have a minimum area of 3,500
square feet. The 3,500 square feet area shall be a minimum of 40 feet
in depth by 70 feet in width. In addition to the above minimum dimensions,
there shall be an area designed to accommodate accessory structures
or uses. This may be an enlargement of the minimum dimensions or the
creation of a single separate area that will contain 700 square feet.
[Amended by Ord. 2010-6, 8/19/2010]
(b)
If the proposed principal building would have a building coverage
of larger than 2,800 square feet, then such larger building coverage
area shall apply.
3.
Fifteen-Percent to Twenty-Five-Percent Slope. If the proposed location
or building envelope area for a new principal building includes areas
with slopes between 15% to 25%, the following regulations shall apply,
unless more restrictive regulations are stated elsewhere in this Chapter:
B.
The proposed principal building location or building envelope area,
as applicable, shall only be deemed to be in conformance with this
Chapter if a maximum of 60% of the principal building location or
building envelope area contains slope area of 15% to 20% or less.
No more than 1/2 of the remaining principal building location or building
envelope area shall have slopes greater than 25%.
4.
Greater than 25%. If a proposed principal building or building envelope area, as applicable, includes slopes greater than 25%, then the Zoning Officer shall not permit the construction of such principal buildings within these areas, and areas of greater than twenty-five-percent slope shall not be regraded for principal uses, except for isolated areas as provided in Subsection 2B of § 27-505.
5.
Streets, Driveways and Septic Systems. See applicable slope standards in the Township Subdivision and Land Development Ordinance (Chapter 22). See also DEP regulations on slopes of on-lot septic systems.
6.
Erosion. If fifteen-percent-or-greater slopes are to be disturbed,
a sedimentation and erosion control plan shall be submitted to the
Township and shall be put into effect. The Zoning Officer may require
the applicant to submit such plan to the County Conservation District.
7.
Grading. No grading shall occur in such a way that would circumvent
the requirements of this Chapter, such as prior to submittal for a
zoning or building permit or subdivision or land development approval.
The steep slope requirements shall apply based on the slope of land
at the time of the adoption of this Chapter.
8.
Man-Made Slopes. This section shall not apply to man-made slopes
that naturally were not fifteen-percent-or-greater slope.
[Ord. 9-94, 4/7/1994, § 506; amended by Ord. No. 2020-08, 7/9/2020]
1.
Wellhead Protection. This Chapter is also intended, through the designation
of Wellhead Protection Areas 1, 2 and 3 and other wellhead protection
provisions, to serve the following purposes:
A.
To recognize
that the groundwater underlying the Township is a major source of
existing and future water supply, including drinking water.
B.
To recognize
that groundwater aquifers are integrally connected with, recharged
by, and flow into springs and surface waters, which provide a major
source of drinking water for the region.
C.
To recognize
that accidental spills and discharges of toxic and hazardous materials
may threaten the quality of groundwater supplies and surface waters
and thereby pose potential public health and safety hazards.
D.
To recognize
that, unless preventative measures are used to control the discharge
and storage of toxic and hazardous materials, that spills and discharges
of such materials would predictably occur, and that such hazards would
increase as the amount of nonresidential development and traffic increases.
E.
To protect
the quality of groundwater to ensure a future supply of safe and healthy
drinking water for residents and local employees, and thereby protect
public health and safety, through careful controls of land uses, physical
facilities, and other activities that threaten water quality.
3.
Hazardous and Explosive Storage Precautions.
A.
No substance
shall be stored in such a way that it could be washed into the groundwater
and/or surface water, if such substance could seriously contaminate
groundwater or surface water or seriously harm aquatic life of a waterway.
Airborne releases of pollutants shall meet applicable federal and
state permits.
B.
If the Zoning Officer, after considering any comments of other Township officials, determines that a substance threatens groundwater or surface water contamination, the substance shall be stored within a permanent impermeable containment or other control method that the applicant proves to the satisfaction of the Township would have the same level of protection. An impermeable containment shall be surrounded by a suitable impermeable basin that would drain any spillage into an appropriately engineered collection area or system, unless otherwise approved under this § 27-506.
C.
All containers
of hazardous substances shall be appropriately labeled, and the areas
where such containers are located shall be suitably placarded.
4.
(Reserved)
5.
(Reserved)
6.
(Reserved)
7.
(Reserved)
8.
(Reserved)
9.
(Reserved)
[Ord. 9-94, 4/7/1994, § 507]
1.
All methods of wastewater disposal shall meet requirements of DEP,
the Township Sewer Authority and the Official Township Sewage Facilities
Plan, as amended, as applicable.
2.
Recertification of On-Lot Systems. Any septic system is required
to be reviewed and/or tested by the Sewage Enforcement Officer for
adequacy if a change of use or expansion of use would cause an increase
in sewage flows or if there would be an increase in dwelling units.
3.
Backup System. Any lot using an on-lot septic system that is to be
granted final subdivision approval after the adoption of this Section
shall include a second open unpaved land area suitable for an alternate
septic system location. Such site shall be tested by the Township
Sewage Enforcement Officer and found to meet state and Township requirements.
This requirement for the alternate system location shall not apply
if the applicant proves to the satisfaction of the Zoning Officer
that public sewage service can reasonably be expected to serve the
lot within five years from the date of occupancy.
4.
On-Lot Systems and Lot Area. A more restrictive minimum lot area
may be established by the Sewage Enforcement Officer based upon DEP
regulations.
5.
Nonresidential Septic Systems. A nonresidential use served by an
on-lot septic absorption field shall not generate more average wastewater
flow into such system than would be equal in flow to an average of
one equivalent dwelling unit per acre of lot area.
[Ord. 9-94, 4/7/1994, § 508]
1.
No principal or accessory use or its operations shall generate a
sound level exceeding the limits established in the table below, when
measured at the specified locations:
|
Sound Level Limits by Receiving Land Use/District
| |||||
|---|---|---|---|---|---|
|
Land Use or Zoning District Receiving the Noise
|
Hours/Days
|
Maximum Sound Level
| |||
|
At any lot line of a lot in a residential district or at an
existing or an approved location of a principal hospital building
|
1)
|
7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving
Day, New Year's Day, Labor Day and Memorial Day
|
1)
|
70 dBA
| |
|
2)
|
9:00 p.m. to 7:00 a.m. plus all day Sundays, Christmas Day,
Thanksgiving Day, New Year's Day, Labor Day and Memorial Day
|
2)
|
65 dBA
| ||
|
At any lot line of a lot within an industrial district
|
All times and days
|
75 dBA
| |||
|
At any lot line not listed above
|
All times and days
|
70 dBA
| |||
|
NOTE: dBA means "A" weighted decibel.
|
2.
For any source of sound which emits a pure tone and/or one of continuous
unvarying intensity, the maximum sound level limits set forth in the
above table shall be reduced by five dBA.
3.
The maximum permissible sound level 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 7:00 a.m. and 8:00 p.m.,
except for clearly emergency repairs which are not restricted by time.
C.
Household power tools and lawnmowers between the hours of 8:00 a.m.
and 9:00 p.m.
D.
Agricultural activities, including permitted raising of livestock,
but not exempting a commercial kennel.
E.
Railroads and aircraft.
F.
Public celebrations specifically authorized by the Board of Supervisors
or a county, state or federal government agency or body.
G.
Unamplified human voices, a radio or recorded music player being
played by one household between the hours of 8:00 a.m. and 9:00 p.m.
or the sounds of a one or two animals.
H.
Routine ringing of bells and chimes by a place of worship or municipal
clock.
I.
Vehicles operating on a public street, if such noise is regulated
by the State Motor Vehicle Code.
[Ord. 9-94, 4/7/1994, § 509]
No use shall generate vibration that is perceptible to an average
person through his/her senses, without the use of measuring instruments,
on private property beyond the exterior lot line of the use generating
the vibration. This requirement shall not apply to occasional nonroutine
blasting that may be necessary during construction of streets, structures
and utilities.
[Ord. 9-94, 4/7/1994, § 510]
1.
Odors and Dust. No use shall generate toxic odors or toxic dust.
No use shall generate odors or dust that are offensive to persons
of average sensitivities beyond the boundaries of the subject lot.
This restriction shall not apply to nontoxic odors or nontoxic dust
created by permitted agricultural uses that are using "normal farming
practices" within the provisions of Act 133 of 1982, as amended, the
state Right to Farm Act, or an official agricultural security area.
This odor restriction shall apply to uses that do not follow the normal
farming practices referenced in those state laws, such as if manure
is not plowed under within a normal and reasonable period of time.
[Ord. 9-94, 4/7/1994, § 511]
1.
Street Lighting Exempted. This § 27-511 shall not apply to streetlighting that is owned, financed or maintained by the Township or the state.
2.
All uses, signs and other sources shall be designed and operated
to reasonably minimize the heat or glare they generate beyond lot
lines of such source and the light they generate at night onto adjacent
dwellings.
3.
Height of Lights. No luminaire, spotlight or other light source that
is within 200 feet of a dwelling or residential district shall be
placed at a height exceeding 35 feet above the average surrounding
ground level. This limitation shall not apply to lights needed for
air safety nor lights intended solely to illuminate an architectural
feature of a building.
4.
Diffused. All light sources, including signs, shall be properly diffused
as needed with a translucent or similar cover to prevent exposed bulbs
from being directly visible from streets, public sidewalks, dwellings
or adjacent lots.
5.
Shielding. All light sources, including signs, shall be shielded
around the light source and carefully directed and placed to prevent
the lighting from creating a nuisance to reasonable persons in adjacent
dwellings or undeveloped residentially zoned areas, and to prevent
the lighting from shining into the eyes of passing motorists.
6.
Maximum Candlepower. No lighting source, including signs, shall spill
over a lot line in such a way as to cause an illumination of greater
than the following amounts, measured at night on the surface of the
receiving lot:
7.
Flickering. Flashing, flickering or strobe lighting are prohibited,
except for nonadvertising seasonal lights between October 25 and January
10.
8.
Measurement. The maximum illumination levels of this Section shall
be measured with a photoelectric photometer having a spectral response
similar to that of the human eye. A footcandle is defined as a unit
of measurement equalling the illumination on a surface one square
foot in area where there is a distribution of light having a candlepower
of one candela.
[Ord. 9-94, 4/7/1994, § 512]
1.
Grading and Erosion Plans. All activities other than crop farming which involve soil disturbance (including grading, filling and excavating) over an area greater than 0.5 acre or that will create finished slopes greater than 3:1 shall submit appropriate sedimentation and erosion control and grading plans to the Township and obtain a zoning permit prior to the start of such work, unless such work was previously approved by the Township under the Subdivision and Land Development Ordinance (Chapter 22). These plans may be subject to review by the Township Engineer and the County Conservation District.
2.
Erosion. All Township permits are granted on the condition that state
erosion and sedimentation regulations and any officially submitted
erosion and sedimentation plan are complied with. Failure to comply
with such regulations or plan shall be cause for suspension of Township
permits.
3.
Unstable Slopes. Slopes that would have the serious threat of instability,
in the determination of the Township Engineer, shall not be created.
The Zoning Officer may require that the applicant provide certification
from a professional engineer that finished slopes greater than 4:1
will be stable.
4.
Drainage. The ground adjacent to a building shall be graded so that
surface water will be drained away from such building. Drainage shall
be directed and controlled as specified in the approved subdivision
or land development plan for the lot.
5.
No grading shall be completed in such a way that soils, rocks or
other debris are left in an unsightly fashion nor in a fashion that
interferes with drainage, streets or utilities.
6.
Fill. Materials used for fill as a future base for construction shall
be nonbiodegradable, well compacted and provide a suitable and secure
base. The Zoning Officer, upon the advice of the Township Engineer,
may require that an applicant fund appropriate underground testing
of a proposed building site if there is reasonable doubt in the opinion
of the Township Engineer that the subsurface is suitable and secure
for the proposed use.
7.
Dumping. Outdoor dumping of junk or solid waste in other than an
approved solid waste disposal facility, composting facility or junkyard
is prohibited.
[Ord. 9-94, 4/7/1994, § 513]
1.
Placement. Whenever reasonable, commercial, industrial and institutional
outdoor machinery that could create a noise nuisance shall be placed
towards a side of a building that does not face an abutting existing
dwelling, residential district, school or other noise-sensitive use.
2.
Safety. General types of toxic, biological, electrical and other
significant hazards involving stationary outdoor machinery and storage
shall be marked with signs.
3.
Solid Waste Containers.
A.
Screening. All trash dumpsters shall be screened on three of four
sides (not including the side it is to be emptied from), as needed
to screen the dumpster from view from public streets or dwellings
on abutting lots. A solid wooden fence, brick wall, evergreen plants
or structure designed to be architecturally compatible with the principal
building shall be used for such screening.
B.
Setback from Dwellings. If physically possible, any solid waste container
with a capacity of over 15 cubic feet shall be kept a minimum of 20
feet from a dwelling unit on an abutting lot.
C.
Food Sales. Any use that involves the sale of ready-to-eat food for
consumption outside of a building shall provide and maintain adequate
outdoor solid waste receptacles at convenient locations on the property
for customer use.
4.
Fencing of Outdoor Storage and Machinery. The following shall be
secured by fencing or walls that are reasonably adequate to make it
extremely difficult for children under the age of nine to enter, unless
the applicant proves in writing to the satisfaction of the Zoning
Officer that such fencing or walls are not needed:
[Ord. 9-94, 4/7/1994, § 514]
1.
No use shall produce ionizing radiation unless:
A.
If the source of such radiation is a machine or a radioactive substance
regulated by the state, then the facility shall be duly registered
with the DEP Bureau of Radiation Protection, with a copy of such registration
and/or license submitted to the Zoning Officer.
B.
If the source of such radiation consists of nuclear reactor by-product
material, the facility shall have been duly licensed with the Nuclear
Regulatory Commission, with a copy of such license submitted to the
Zoning Officer.
2.
Information Regarding Development Near Power Lines.
A.
Purpose. To encourage but not require "prudent avoidance" of high
levels of power-line radiation, until such time as hazards to humans
are further studied and until any state or federal regulation may
be established.
B.
Where a subdivision or land development would involve new dwelling
units, a day-care center or a primary or secondary school within approximately
250 feet of existing overhead electrical transmission lines, the Zoning
Officer, after considering the input of other Township officials,
may require the applicant to formally request that the applicable
electrical utility company measure the maximum and minimum levels
of electromagnetic forces at the nearest proposed sites of such buildings.
3.
Interference. No use shall routinely cause electrical disturbances
that results in radiated noise and/or electrical interference that
exceeds maximum standards of the Federal Communications Commission.
4.
X-Ray Machines. Any applicant for a use that will involve an X-ray
machine shall provide written evidence to the Township that the applicant
has provided written notification and/or a formal application to the
applicable state agency for which any applicable state radiological
permit or inspection may be needed. Evidence of such notification
shall be provided prior to the granting of any required Township occupancy
permit for such facility.
[Ord. 9-94, 4/7/1994, § 515]
The tree preservation provisions in Part 10 of the Township Subdivision and Land Development Ordinance (Chapter 22) shall apply not only to subdivisions and land developments but also by this reference shall apply to the development of a principal use and/or the preparation of a lot for a principal use under this Chapter.
[Ord. 9-94, 4/7/1994, § 516]
The permanent stripping and removal of more than 50% of the
topsoil from any lot is prohibited, except on portions of a lot for
which approval has been received to construct a building or paving.
This Section shall not restrict the temporary stockpiling of topsoil
during construction, nor routine crop farming practices.
