[Amended by Ord. No. 08-2021-638, 6/24/2021]
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.
[Amended by Ord. No. 08-2021-638, 6/24/2021]
1.
No landowner, tenant nor lessee shall use or allow to be used land
or structures in a way that threatens to or creates any of the following
conditions:
A.
Activities that encourage the breeding of rodents or disease-prone
insects.
B.
Activity that creates a hazard to public health and safety because of serious explosive, fire, biological, biogenetic or toxic hazards. (See § 27-506, "Storage of Explosive and Hazardous Substances.")
C.
Activity that causes or may cause pollution to groundwaters or surface
waters. Activities covered include, but are not limited to, earth
disturbance without Township or County Conservation District approved
erosion control plan, storage of erodible materials such as soil or
mulch, illegal dumping or discharge of non-potable fluids to surface
waters or sub-surface aquifers, and storage of materials in a manner
that might cause pollution of the surface or groundwater in storm
conditions.
2.
Township Removal of Hazards. If the Zoning Officer becomes aware
of a serious threat to the public health and safety, 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, the Township may 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 take responsibility for identifying
or removing all hazards.
[Amended by Ord. No. 08-2021-638, 6/24/2021]
1.
All permits of the Township are issued on the condition that the
applicant complies with federal and state wetlands regulations, and
such permits may be revoked or suspended by the Zoning Officer for
noncompliance with such regulations.
2.
Seeps, Vernal Pools, Wetlands, and Springs. In any area suspected
of possibly including a spring, vernal pool, wetland, or seep, the
Zoning Officer may request the applicant to have field research conducted
on the property to identify and map any seeps, vernal pools, wetlands,
or springs.
3.
Setbacks. A minimum setback of 50 feet shall be required between
any new principal building for which a building permit is issued after
the effective date of this chapter and any identified seep, vernal
pool, or spring and any delineated "wetland." A minimum fifty-foot
setback shall also apply between the cartway of a proposed street
and any seep, vernal pool, spring or wetland.
[Amended by Ord. No. 08-2021-638, 6/24/2021]
1.
Floodplains. All uses and structures shall comply with the Salisbury Township Floodplain Ordinance (Chapter 8) as a condition of this chapter.
2.
Setbacks from Surface Waterways. No building, off-street parking
or commercial or industrial storage or display area shall be located
within 100 feet of the top edge of the primary bank of a major surface
waterway and 75 feet of the top edge of a minor surface waterway.
Current field generated topography for the site, including the top
of embankment and the normal water surface elevations, shall be provided
when requested by the Township to determine the actual setback locations.
Major surface waters are defined as the Lehigh River. Minor surface
waters are defined as the Little Lehigh Creek, Trout Run Creek and
Cedar 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 approximately
perpendicular crossings.
[Amended by Ord. No. 08-2021-638, 6/24/2021]
1.
See the requirements of the State Fire Code, as amended.
2.
Waterways.
A.
No substance shall be stored in such a way that it could be washed
into the groundwater or surface water, if such substance could contaminate
groundwater or surface water or seriously harm aquatic life of a waterway.
B.
If a substance threatens groundwater or surface water contamination, it shall be stored within an impermeable containment. Such storage shall be surrounded, if needed, by a berm that would drain any spilled substance to an engineered collection area, or other method approved under Subsection 4 below.
3.
Contingency Plans. Any use that will involve the manufacture, storage
or handling of hazardous substances (as defined in Part 2) or that
will involve the use of toxic substances shall only be allowed if
the applicant files a copy of a current emergency preparedness, prevention
and contingency plan (EPPC) with the Township Zoning Officer and Emergency
Management Coordinator. The EPPC shall meet all state requirements
for EPPC plan preparation and shall, at a minimum, protect the tributary
waterway from uncontrolled discharges during the 100-year storm. The
Township Zoning Officer may request the EPPC be reviewed by the Township
Engineer for design adequacy if necessary.
4.
All hazardous substances shall be properly labeled.
5.
All manufacture and/or storage of hazardous materials (current State
of Pennsylvania definition) shall meet all state and federal requirements.
[Amended by Ord. No. 08-2021-638, 6/24/2021]
1.
No use 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 the lot line of a dwelling in a residential district
|
1)
|
7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving
Day, New Year's Day, 4th of July, Labor Day and Memorial Day
|
65 dBA
|
|
2)
|
9:00 p.m. to 7:00 a.m., plus all day Sundays, Christmas Day,
Thanksgiving Day, New Year's Day, 4th of July, Labor Day and Memorial
Day
|
55 dBA
| |
|
10 feet inside an industrially All times and days zoned lot
|
75 dBA
| ||
|
10 feet inside any lot line not All times and days listed above
|
70 dBA
| ||
|
Note — dBA means A-weighted decibel.
|
2.
For any source of sound which emits a pure tone, the maximum sound
level limits set forth in the above table shall be reduced by five
dBA.
3.
Noise Exceptions. 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 9:00 p.m.,
except for clearly emergency repairs which are not restricted by time.
C.
Household power tools and lawn mowers between the hours of 7:00 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 Commissioners
or a county, state or federal government agency or body.
G.
Unamplified human voices.
H.
Routine ringing of bells and chimes by a place of worship or municipal
clock.
[Amended by Ord. No. 08-2021-638, 6/24/2021]
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 or the use of construction equipment that may be necessary
during construction of streets, structures, utilities, excavation
and grading.
[Amended by Ord. No. 08-2021-638, 6/24/2021]
1.
Odors and Dust. No use shall generate odors or dust that is significantly
offensive to persons of average sensitivities beyond the boundaries
of the subject lot. This restriction shall not apply to odors or dust
created by permitted agricultural uses that are using normal farming
practices within Act 133 of 1982, as amended, the State Right to Farm
Act, 3 P.S. § 951 et seq.; or an official agricultural security
area. This odor restriction shall apply to uses that do not follow
the farming practices referenced in those state laws, such as if manure
is not plowed under within a reasonable period of time.
2.
Air and Water Pollution. All uses shall comply with federal and state
air and water pollution regulations as a condition of any Township
permit.
[Amended by Ord. No. 08-2021-638, 6/24/2021]
1.
Streetlighting Exempted. This section shall not apply to streetlighting
that is owned, financed or maintained by the Township or the state.
2.
All streets, off-street parking areas and driveways, except a driveway
and off-street parking area accessory to a single-family detached
dwelling, a semidetached dwelling (twin) or a single-family attached
dwelling (townhouse), shall be illuminated adequately during the hours
between sunset and sunrise when the use is in operation. Such minimum
lighting on all parking spaces shall be one footcandle. A higher level
of illumination may be required by the Township, based upon the most-current
I.E.S. Lighting Handbook.
3.
Adequate shielding on the luminaire or buffer planting shall be provided
to protect adjacent residential properties from the glare of such
illumination and from that of automobile headlights using such streets,
off-street parking areas and driveways.
4.
Parking lot and streetlighting standards luminaires that are within
300 feet of a residential lot line shall have a mounting height of
20 feet or less above finished grade. Elsewhere, lighting standards
shall have a mounting height of 30 feet or less above finished grade.
5.
Definitions. "Mounting height" is hereby defined as the distance
that the bottom of the luminaire is above the finished grade. "Luminaire"
is defined as the light unit on a lighting standard. The vertical
dimension of the luminaire shall not exceed 36 inches.
6.
At any property boundary which abuts a residential lot line, the
illumination level from the luminaire shall not exceed 1/2 footcandle.
No light source shall be visible at a point 50 feet from the lot line
at a height of more than four feet above grade.
7.
It shall be noted that additional approval by PPL is required for
PPL installation, but Township approval shall not be contingent upon
approval by PPL.
8.
Spotlights shall not be directed from one property into an abutting
dwelling or onto the porches of an abutting dwelling.
[Amended by Ord. No. 08-2021-638, 6/24/2021]
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 at least three
of four sides (not necessarily 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:
[Amended by Ord. No. 08-2021-638, 6/24/2021]
1.
No use shall routinely cause electrical, radio or electromagnetic
disturbances to equipment on other lots, except for overhead electric
lines that comply with Pennsylvania Public Utility Commission standards.
2.
No radioactive wastes shall be disposed of in any district, and no
radioactive wastes shall be stored on a lot for longer than 90 days
after their active use is completed. See also Pennsylvania Department
of Environmental Protection regulations.
[Amended by Ord. No. 08-2021-638, 6/24/2021]
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. This 50%
restriction shall apply to any individual action, as well as to the
total removal of topsoil from the lot over any length of time (such
as 25% one year, and 25% the next year).
[Amended by Ord. No. 08-2021-638, 6/24/2021]
1.
Cutting Trees Prior to Construction.
A.
When a zoning permit is issued for a building, structure or use,
it shall be lawful to cut down any trees which exist in the space
to be occupied by such building, structure or use, any space within
15 feet of any such building or structure, any space to be occupied
by, and all space within 10 feet of, all sides of any driveway, parking
areas, water system or sewage disposal system, utilities, basins,
berms or other areas of earthwork, including areas for erosion and
sedimentation control or post-construction stormwater management.
B.
In such case, the construction area of all buildings or structures,
driveways, parking areas, water systems and sewage disposal systems
shall be properly surveyed and staked, and no such trees shall be
cut down until the Zoning Officer has issued a permit.
C.
If trees are cut down as stated in Subsection 1A above, either the permitted construction or the replanting of the same density of trees must be completed within four years of the issuance date of the permit.
D.
During the construction or installation of any structure, driveways,
parking area, water systems or sewage disposal systems, or in the
process of landscaping or grading the lot, the fill generated by such
construction, installation, landscaping or grading shall not be temporarily
placed or stored in a manner which, as determined by the Zoning Officer,
will potentially kill or seriously damage trees on the tract of land.
E.
Temporary fencing shall be required by the Township to be placed
by the applicant in an area five feet beyond the dripline of any trees
intended to be preserved, during activities that may result in damage
to the trees or compaction of the root system. Vehicles shall not
drive under the dripline and materials shall not be stored under the
dripline during construction or tree harvesting operations.
[Amended by Ord. No. 08-2021-638, 6/24/2021]
1.
This § 27-515 shall regulate new or increased groundwater or spring water withdrawals averaging more than 10,000 gallons per day from a lot for off-site consumption.
3.
If the water will be trucked off site, the applicant shall provide
a written report by a professional engineer with substantial experience
in traffic engineering. Such study shall analyze the suitability of
the area street system to accommodate the truck traffic that will
be generated.
4.
If the water will be trucked off site, any area used for loading
or unloading of tractor-trailer trucks shall be set back a minimum
of 150 feet from any adjacent residential lot.
5.
Any bottling or processing operations shall be considered a distinct use and shall only be allowed if "food or beverage manufacturing" is an allowed use under § 27-306.
6.
Any zoning permit is conditioned upon receiving approval, as applicable,
from the Delaware River Basin Commission.
