A. 
All uses shall be developed in a manner consistent with the preservation of the quality of the existing environment and of any natural amenities present on the site.
B. 
All uses shall provide for the preservation and the minimum destruction of natural drainage areas, minimum grading and destruction of the ground surface, the preservation of substantial stands of trees and forested areas and the preservation of attractive views and any other natural features existing on the site.
No land or structure in any zoning district shall be used or occupied in any manner that creates any nuisance in such manner or in such amount as to adversely affect the reasonable use or value of the surrounding area or adjoining premises or be dangerous to public health or safety.
[Amended 6-9-2025 by Ord. No. 469]
A. 
Intent. Areas exist within each zoning district that would have special constraints on development because of the topography. These concerns include soil erosion, stream siltation, unsatisfactory on-lot sewage disposal, excessive cut and fill requirements, loss of vegetation and increase runoff and flooding. The intent of this section is to establish certain restrictions relating to permitted uses, bulk, area and coverage requirements for property located on slopes of 15% or more. It is not the intent, however, to prohibit development, but merely to insure that adequate consideration has been given to these unique problems and that adequate safeguards will be taken.
B. 
Exceptions. The following existing features are excluded from the definition of steep slope areas:
(1) 
Man-made embankments within street rights-of-way which are a result of cut and fill operations and are not the natural condition of the land.
(2) 
Stormwater detention and retention basins.
(3) 
Man-made landscape berms.
C. 
Lots where 3% of the net lot area contains slopes in excess of 15%.
(1) 
The minimum lot area for a lot where 3% of the net lot area contains slopes in excess of 15%, the following shall apply:
(a) 
The percentage of the lot area having slopes less than 15% multiplied times the minimum lot area required for the district within which it is located; plus
(b) 
The percentage of the lot area having slopes between 15% and 25% multiplied times three acres; plus
(c) 
The percentage of the lot area having slopes greater than 25% multiplied times five acres.
(2) 
The minimum lot width for a lot where 3% of the net lot area contains slopes in excess of 15%, the following shall apply:
(a) 
The percentage of the lot area having slopes less than 15% multiplied times the minimum lot width required for the district within which it is located; plus
(b) 
The percentage of the lot area having slopes between 15% and 25% multiplied times 200 feet; plus
(c) 
The percentage of the lot area having slopes greater than 25% multiplied times 300 feet.
(3) 
Slopes of 25% or greater shall not be altered, regraded, cleared, built upon or otherwise disturbed unless such disturbance is necessary:
(a) 
To accommodate an access drive or driveway when no other feasible route for such an access drive or driveway exists and if the slope is disturbed to the minimum extent necessary to accommodate such access drive or driveway; or
(b) 
To accommodate a trail or trails that are part of an existing or planned trail network and are located and constructed based upon accepted best management practices for minimizing erosion.
(c) 
Installation of underground utilities, where the applicant has demonstrated to the Township's satisfaction that no alternative location is feasible and that the proposal consists of the minimum disturbance necessary to provide utility service.
(4) 
In no case shall more than 25% of the area containing slopes between 15% and 25% be disturbed.
(5) 
In no case shall more than 15% of the area containing slopes of 25% or greater be disturbed.
D. 
Procedures.
(1) 
The Zoning Officer will advise the applicant when his property or parcel lies within such a slope designation. The Zoning Officer will not issue a zoning permit until a plan is submitted indicating, to the satisfaction of the Township Engineer, that all potential problems of steep slopes have been resolved.
(2) 
Plans shall show existing topography, proposed structure and building locations, streets and driveways location and grade, site drainage, sanitary facilities, grading plan, revegetation or planting plan prepared by a registered architect, engineer or landscape architect. Plans shall be accompanied by drawings or a statement of how problems of surface water runoff, erosion, soil stabilization, on-lot sewage disposal, revegetation, sediment control and all other associated problems are proposed to be overcome.
(3) 
Should the area designated as steep slopes be found to be inaccurate, based on a topographical survey prepared by a licensed surveyor or engineer, showing two-foot contour intervals, then the zoning requirements for such property shall be deemed to be the regulations of the district in which the property is located.
(4) 
The Zoning Officer should maintain a map or overlay including areas of steep slopes.
A. 
Any proposed land use which may directly (by means of effluent discharge into the ground) or indirectly (though the leaching of stored materials) result in the pollution of the groundwater shall be prohibited from developing in any area which has a year-round or seasonal high water table which comes to within any distance of the ground surface which violates PADEP regulations.
B. 
The determination of such hazards shall be made by the appropriate State agency and/or by a qualified sanitary engineer, geologist or soil scientist approved by the Board of Supervisors.
C. 
The County Soil Survey developed by the Natural Resources Conservation Service (NRCS) shall be used to establish high water table soils, unless more accurate information is available.
A. 
All activities which require the moving of earth or the filling or excavating of an area shall submit a plan to the Township showing site grading and erosion control measures.
B. 
Grading regulations.
(1) 
The existing grade shall not be increased so that unstable slopes are created.
(2) 
The surface area of any yard adjacent to a building or structure shall be graded so that surface water will be drained away from such structure.
(3) 
The deposit of soils, detritus or other debris (as a result of site preparation, grading or excavating) shall not be unsightly or detrimental to any property, street, sewer or natural watercourses.
(4) 
All County Soil Conservation Service regulations shall apply.
A. 
Intent. The purpose of this section is to conserve forested areas in order to preserve wildlife and bird habitats, encourage groundwater recharge, avoid pollution of creeks by high temperature runoff, maintain the attractive character of areas, conserve energy, protect and enhance property values and avoid other negative environmental impacts.
B. 
Applicability. Forestry, including timber harvesting, shall be a use permitted by right within all zoning districts. The provisions of this section shall apply to all timber harvesting operations where lumber will leave the site and where the affected area will exceed 1/2 acre for clear cutting operations or one acre for all selective cutting operations.
C. 
All forestry or timber harvesting operations, having affected areas which exceed the sizes listed above, shall comply with the regulations for forestry and timber harvesting under § 450-324 of this chapter. All forestry or timber harvesting operations, regardless of the size of the affected area, shall comply with the applicable provisions of Article V including, but not limited to, the provisions of § 450-503, Slope controls, § 450-517, Wetland buffers, and § 450-518, Riparian buffers.
D. 
Exceptions. These provisions shall not apply to the following:
(1) 
The cutting of trees for the personal use of the landowner;
(2) 
A bonafide plant nursery or Christmas tree farm;
(3) 
The routine "thinning" of a wooded area, involving the cutting down on one or more abutting lots, within a single calendar year, up to 20% of the trees having a diameter at breast height (DBH, typically 4.5 feet from the ground) greater than six inches, with such cutting being well-distributed throughout the wooded area;
(4) 
The cutting of trees that create a hazard to vehicular sight distance.
(5) 
The removal of defective, decayed, diseased or dying trees.
E. 
Compliance responsibility. The landowner and the operator performing the timber harvesting operations shall be jointly and individually responsible for complying with the provisions of this section.
A. 
No flammable or explosive liquids, solids or gases shall be stored in bulk above the ground, except for tanks or drums of less than 600 gallons of fuel which is directly connected with engines, heating devices or appliances located and operated on the same lot as the tanks or drums of fuel and which have been approved by the Township.
B. 
All outdoor storage facilities for fuel, raw materials and products stored outdoors (including those permitted in § 450-509A) shall be enclosed by a fence of a type, construction and size as shall be adequate to protect the public health, safety and welfare.
C. 
No materials or wastes shall be deposited upon a lot in such a form or manner that they may be transported off by natural causes or forces.
D. 
No substance which can i) contaminate groundwater or surface water, ii) render groundwater or surface water undesirable as a source of water supply or recreation or iii) destroy aquatic life shall be allowed to enter any groundwater or surface water.
E. 
Applicable PADEP regulations shall apply.
A. 
All methods of sewage and waste treatment and disposal shall be approved by the PADEP and in accordance with the sewage plan for the Township.
B. 
The standards of the regulations specified in § 450-510A or the following standards (whichever is more restrictive) shall apply:
(1) 
Discharged wastes shall not contain any:
(a) 
Toxic substance.
(b) 
Gasoline, benzene, naphtha, fuel, oil or other flammable or explosive liquid, solid or gas.
(c) 
Cyanides or halogens.
(d) 
More than 10 ppm of the following gases: hydrogen sulfide, sulfur dioxide or nitrogen dioxide.
(e) 
A chlorine demand in excess of 15 ppm.
(f) 
Phenol in excess of 0.0005 ppm.
(g) 
Grease fats or oils, or any oily substance in excess of 100 ppm or exceeding a daily average of 25 ppm.
(h) 
Liquid having a temperature higher than 150° F.
(i) 
Matter containing any ashes, cinders, sand, mud, straw shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any solid or viscous substance capable of causing obstructions or other interference with the proper operation of a sewage treatment plant.
(j) 
Any insoluble substances which:
[1] 
Are in excess of 10,000 ppm.
[2] 
Exceed a daily average of 500 ppm.
[3] 
Fail to pass a No. 8 sieve.
[4] 
Have a dimension greater than 0.25 inch.
(k) 
Liquid having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel.
(l) 
Material which would be harmful to the treatment of sewage.
(2) 
Acidity and alkalinity of wastes shall be neutralized with a pH 7.0 as a daily average on a volumetric basis, with a temporary variation of pH 5.0 to 9.0.
C. 
Recertification of the adequacy of sewage disposal systems shall be required, prior to the expansion or conversion of an existing use.
A. 
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 15 second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the land use generating such sound:
Sound Level Limits by Receiving Land Use and Time
Receiving Land Use Category
Time
Sound Level Limit
Residential, public space, open space, agricultural or institutional
7:00 a.m. to 10:00 p.m.
60 dBA
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays
50 dBA
Commercial or business
7:00 a.m. to 10:00 p.m.
65 dBA
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays
50 dBA
Industrial
At all times
70 dBA
B. 
For any source of sound which emits a pure tone, the maximum sound level limits set forth in § 450-511A shall be reduced by five dBA.
C. 
The maximum permissible sound level limits set forth in § 450-511A shall not apply to any of the following noise sources:
(1) 
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2) 
Emergency work to provide electricity, water or other public utilities when public health or safety are involved.
(3) 
Domestic power tools, between the hours of 8:00 a.m. and 9:00 p.m. on Mondays through Fridays and between 8:00 a.m. and 5:00 p.m. on Saturdays or Sundays.
(4) 
Explosives and construction operations.
(5) 
Agriculture.
(6) 
Motor vehicle operations, other than parked trucks and other parked vehicles that run continuously for more than 15 minutes.
(7) 
Public celebrations, specifically authorized by the Township.
(8) 
Surface carriers engaged in commerce by railroad.
(9) 
The unamplified human voice.
D. 
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 15 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, using the "fast" meter characteristic of a Type II meter, meeting the ANSI specifications S1.4-1971.
A. 
No person shall operate or permit the operation of any device, or conduct or permit any use to be conducted which does not conform with the standards established under the State Air Pollution Control Act of January 9, 1960, Public Law 2119, as amended, and Title 25, Rules and Regulations, PADEP, Subpart C, Protection of Natural Resources, Article III Air Resources.
B. 
No one shall generate odors that would be seriously offensive to persons of average sensibilities.
Every use requiring power shall be so operated that any service lines, substation or other facility shall:
A. 
Conform to the highest applicable safety requirements.
B. 
Be constructed and installed as an integral part of the architectural features of the plant.
C. 
Be concealed by evergreen planting from residential properties.
A. 
No person shall operate or permit the operation of any device, or conduct or permit any use to be conducted which does not comply with the regulations of the PADEP's Division of Radiology, the Federal Nuclear Regulatory Commission, and the Federal Interstate Commerce Commission.
B. 
No person shall conduct or permit any use to be conducted which causes electrical disturbances (except from domestic household appliances) to adversely affect any equipment at any time other than the equipment creating the disturbance.
No person shall use any land or erect any building or structure for the commercial or industrial manufacture or storage of coal, oil, coal oil, chlorine, fuel oil, burning fluid, naphtha, benzol, benzene, gasoline, dynamite, nitro glycerin, gunpowder, petroleum, or other combustible, inflammable, or dangerous liquid or material, unless otherwise permitted in this chapter.
A. 
Wetland buffers, having a minimum width of 35 feet, shall be required adjacent to all jurisdictional wetlands identified pursuant to this section. Buffers shall serve as an ecological transition zone from non-wetlands to wetlands, which is an integral portion of the wetlands ecosystem, providing temporary refuge for wetland fauna during high water episodes, critical habitat for animals dependent upon but not resident in wetlands, and slight variations of wetland boundaries over time due to hydrologic or climatologic effects. Buffers also serve as a sediment and stormwater control zone to reduce the impacts of development upon wetlands and wetland species.
B. 
Within the required wetland buffer no removal of existing natural vegetation, earth moving activities or impervious surfaces shall be permitted.
C. 
Exceptions. Notwithstanding the above, the following encroachments shall be permitted within a wetland buffer in cases where a permit has been obtained from the appropriate State or Federal agency for such encroachment within the adjacent wetland area. In such cases the Township must be provided with a copy of the permit or a notice from these agencies stating the proposed encroachment is exempt from their permit requirements. Where such encroachments are permitted, the wetland and buffer areas shall be restored to their natural condition and grade, to the maximum extent possible.
(1) 
Underground utilities.
(2) 
Access roads or drives, where the applicant has demonstrated to the Township's satisfaction that no alternative location is feasible and that the proposal consists of the minimum disturbance necessary to provide adequate access.
D. 
All lands designated as wetlands within the Township are subject to the restrictions and/or permits of the PADEP and the United States Army Corps of Engineers.
E. 
For any proposed improvements or earth disturbance, the Township shall determine whether a wetland delineation will be required by a qualified professional. Wetland delineations shall be accompanied by a technical report and appropriate data forms describing the results of the evaluation.
A. 
Riparian buffers are required along all streams or watercourses in order to provide water resource protection, including the following:
(1) 
Reduction of the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses.
(2) 
Provision of shade which moderates stream temperature and protects fish habitat.
(3) 
Provision of stream bank stability which protects fish habitat and controls sediment and erosion.
(4) 
Provision of organic matter through leaves which fall in the stream and provide food and habitat.
(5) 
Conservation of the natural features important to land and water resources.
B. 
Riparian buffers shall be consist of any area within 35 feet of any stream bank.
C. 
No woodland or land disturbance shall be permitted within any riparian buffer, except for the following:
(1) 
Timber harvesting in accordance with a woodland management plan submitted to the Township and prepared by a professional consulting forester;
(2) 
Vegetation management in accordance with an approved landscape plan or open space management plan;
(3) 
Customary agricultural practices in accordance with a soil conservation plan approved by the Berks County Conservation District;
(4) 
Regulated activities permitted by the Commonwealth.
(5) 
Installation of underground utilities and access roads or drives, where the applicant has demonstrated to the Township's satisfaction that no alternative location is feasible and that the proposal consists of the minimum disturbance necessary to provide utility service or adequate access.
(6) 
Provision of unpaved trail access;
(7) 
Selective removal of hazardous or invasive alien vegetative species.