Borough of Catasauqua, PA Article V Environmental Protection

§ 280-31 Erosion control.

The landowner, person and/or entity performing any earth disturbance shall utilize sufficient measures to prevent soil erosion and sedimentation of creeks.

A. The disturbed land area and the duration of exposure shall be kept to a practical minimum.

B. Except for agricultural activities, any earth disturbance over 5,000 square feet of land area shall require the submission of an adequate erosion and sedimentation control plan to the County Conservation District.

C. See state erosion control regulations. (Note: As of 2003, in 25 Pa. Code Chapter 102.)

§ 280-32 Nuisances and hazards to public safety.

A. No land owner, tenant nor lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:

(1) Transmission of communicable disease, including conditions that may encourage the breeding of insects or rodents.

(2) A physical hazard to the public, or a physical hazard that could be an attractive nuisance that would be accessible by children.

(3) Pollution to groundwaters or surface waters, other than as authorized by a state or federal permit.

(4) Risks to public health and safety, such as but not limited to explosion, fire or biological hazards.

(5) Interference with the reasonable use and enjoyment of property by a neighboring landowner of ordinary sensitivities.

B. Additional information. If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards of this article, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards.

§ 280-33 Wetlands.

The Zoning Officer may require an applicant to prove that a suspect area proposed for alteration does or does not meet the state or federal definition of a "wetland."

§ 280-34 Flood-prone areas and floodplains.

See Chapter 145, Floodplain Management, of the Code of the Borough of Catasauqua.

§ 280-35 Noise.

A. No principal or accessory use, or operations or activities on its lot, 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 a lot line of a residential use 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, Labor Day and Memorial Day	1) 60 dBA
	2) 9:00 p.m. to 7:00 a.m. plus all day Sundays, Christmas Day, Thanksgiving Day, New Year's Day, Easter Sunday, Labor Day and Memorial Day	2) 52 dBA
At any other lot line	All times and days	70 dBA

NOTE: dBA means "A" weighted decibel.

B. The maximum permissible sound level limits set forth in the above table shall not apply to any of the following noise sources:

(1) Sound needed to alert people about an emergency.

(2) 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.

(3) Household power tools and lawnmowers between the hours of 8:00 a.m. and 9:00 p.m.

(4) Animals, livestock and agricultural activities, but not exempting a kennel.

(5) Public celebrations specifically authorized by the Borough Council or a county, state or federal government agency or body.

(6) Unamplified human voices.

(7) Vehicles operating on a public street, railroads and aircraft.

§ 280-36 Odors and dust.

No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot.

§ 280-37 Control of light and glare.

This § 280-37 shall only regulate exterior lighting that spills across lot lines or onto public streets.

A. Purposes: To control outdoor lighting for safety, security, nighttime privacy and nighttime enjoyment of residential property; to minimize excessive outdoor lighting and control glare that can pose a danger to motorists; to make sure lighting is properly shielded and directed.

B. Street lighting exempted. This § 280-37 shall not apply to street lighting that is owned, financed or maintained by the Borough or the state, to temporary emergency lighting, or to an individual porch light of a dwelling.

C. Definitions. For the purposes of this § 280-37, the following definitions shall apply:

DIRECTLY VISIBLE

Allowing a direct line of sight to the light source or lamp.

FOOTCANDLE

The amount of light striking a vertical or horizontal plane, measured in lumens per square foot. One footcandle equals one lumen per square foot.

FULL CUTOFF LIGHT FIXTURE

A light fixture for which no light output is emitted above 90° horizontal at any lateral angle around the fixture.

FULLY SHIELDED LIGHT FIXTURE

A light fixture with all light emitted from the fixture being projected below the horizontal.

D. Height of lights. No luminaire, spotlight or other light source that is within 150 feet of a lot line of an existing primarily residential use lot shall be placed at a height exceeding 25 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, nor lighting of outdoor public recreation facilities.

E. 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.

F. Shielding. All light sources, including signs, shall be installed and maintained so that they are shielded around the light source and carefully directed, aimed and placed to prevent the lighting from creating a nuisance to persons in adjacent dwellings, and to prevent the lighting from shining into the eyes of passing motorists.

G. Flickering. Flashing, flickering or strobe lighting are prohibited, except for temporary nonadvertising seasonal lights between October 25 and January 10.

H. Spillover. Exterior lighting on a lot shall not cause a spillover of light onto a residential lot after 10:00 p.m. that exceeds 0.1 horizontal footcandle at a residential lot line. Exterior lighting on a lot shall not cause a spillover of light onto a street that exceeds five footcandles.

I. Gasoline sales canopies. Any canopy over gasoline pumps shall have a maximum distance between the ground level and the underside of the canopy of 20 feet. If the ground level is sloped, or the canopy is sloped to deflect noise and soot away from neighboring properties, then a portion of the canopy may have a greater height, provided that the maximum height is 20 feet at the portion of the canopy that is closest an adjacent street. All light fixtures under the canopy shall be recessed into the canopy or screened by an extension around the bottom of the canopy so that lighting elements are not visible from another lot or street.

J. Hours of sign lighting. If an internally lit sign is within a residential district or across the street from a residential district, the lighting shall be turned off between the hours of 10:00 p.m. and 5:00 a.m. if the use is not open to the public during those hours. If such use is open to the public between 10:00 p.m. and 5:00 a.m., the lighting of the sign shall be turned off a maximum of 30 minutes after the use closes to the public.