Township of Bethlehem, PA Environmental Protection

The required site plan shall include two-foot slope contours (or another slope interval preapproved by the Zoning Officer or Township Engineer), with all areas of slope greater than 15% and 25% identified.

The Zoning Officer may require a plan to be drawn by a professional surveyor, professional engineer or landscape architect. This site plan shall also show substantial areas and types of vegetation.

For lots of more than three acres, only contours for those lands being considered for any disturbance of soil shall be required to be shown on the site plan.

If a proposed building location and any areas within 25 feet of the proposed building location are within an area with an average slope of greater than 15% and less than 25%, the following regulations shall apply, wherever they would be more restrictive than the regular regulations:

Residential uses: minimum lot size of 43,560 square feet per dwelling unit.

Commercial, institutional or industrial use: minimum lot size of two acres per use.

If a proposed building location and any areas within 25 feet of the proposed building location are within an area with an average slope of 25% or greater, the following regulations shall apply; wherever they would be more restrictive than the regular regulations:

Residential uses: minimum lot size of two acres per dwelling unit.

Commercial, institutional or industrial use: minimum lot size of four acres per principal use.

Streets, access drives and driveways. See applicable slope standards in Chapter 230, Subdivision and Land Development.

Erosion. In all areas of slope greater than 15%, care shall be used in construction, beyond what is normally required, to manage stormwater runoff and to prevent erosion. The Zoning Officer may require that the site plan and a soil and erosion control plan be submitted to the County Conservation District and/or the Township Engineer for a review.

Grading. See § 275-129 for grading controls. If grading is not clearly being done for agricultural purposes, these steep slope provisions shall thereafter regulate the property based upon the contours prior to regrading, if a grading plan under § 275-129 was prepared.

[1]

Note: Slopes in excess of 15% (15 feet vertical distance over one 100 feet horizontal distance).

§ 275-125 Wetlands.

If a reasonable doubt exists whether a portion of a site would meet the federal and/or state definition of a "wetland," the applicant is required to provide a wetlands delineation study by a qualified professional. A description of the qualifications of the person who accomplished the delineation shall be provided to the Township.

All applicants are put on notice that federal regulations may require a property owner to demolish newly constructed buildings and to remove all fill if land meeting a definition of "wetland" is altered.

All permits of the Township are issued on the condition that the applicant comply with federal and state wetlands regulations.

§ 275-126 Setbacks from surface waters and drainage swales.

Intent: to protect the water quality of surface waters in the Township; to preserve physical access to surface waters in case of future public acquisition; to minimize erosion and sedimentation; to preserve the natural stormwater drainage system of the area and to conserve sensitive wildlife and aquatic habitats. The areas within these setbacks may be used for the required yard areas for a use.

Setbacks from major surface waters.

No new structure, impervious surface, off-street parking or commercial or industrial storage or display area shall be located within 75 feet of the top edge of each closest bank of a major surface water. See the Township floodplain map in case a wider area is regulated under Chapter 135, Floodplain Management.

The exact location of the top edge of the bank shall be determined by the Township Engineer. Major surface waters are defined as the Lehigh River and the Monocacy Creek.

Setbacks from minor surface waters. No new building, impervious surface, off-street parking or commercial or industrial storage or display area shall be located within 50 feet of the center of the water of any minor surface waters. Minor surface waters are defined as the Nancy Run Creek.

Exemption. The setbacks of this section shall not apply to public utility facilities or publicly owned recreational facilities.

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.

§ 275-127 Alluvial soils.

Definition. Alluvial soils are areas designated as such by the U.S. Natural Resources Conservation Service County Soil Survey.

Applicability of Chapter 135, Floodplain Management. If construction or grading is proposed within an area that has been designated as alluvial soils along a creek or drainage swale segment that has not been included in the federal one-hundred-year floodplain study, the applicant shall complete a study to determine the extent of the one-hundred-year floodplain.

Study. The study shall be accomplished to federal floodplain methodology by a person who is clearly accomplished in floodplain studies. The full cost of the study and any review by the Township Engineer shall be borne by the applicant.

Effect. Within any area determined to be within the one-hundred-year floodplain, the regulations of Chapter 135, Floodplain Management, as amended, shall apply.

Option. The applicant may choose not to have a floodplain study accomplished. In such case, the alluvial soils areas along unstudied segments shall be required to meet the same requirements as the one-hundred-year floodway.

§ 275-128 Floodplain areas.

For the one-hundred-year floodplain, the requirements of Chapter 135, Floodplain Management, as amended, shall apply.

§ 275-129 Filling, excavation and grading.

All nonagricultural activities which require the moving of earth or the filling or excavating of an area greater than one acre, or the removal of more than five trees with a trunk diameter of six inches or more (measured at a height of one foot above the original grade), shall submit a plan to the Township showing site grading and erosion control measures prior to start of such work. These plans shall be subject to reviews by the Township Engineer and the County Conservation District. See also § 275-138, Preservation of trees and forests.

Grading regulations.

Slopes that would have the serious threat of instability, in the determination of the Township Engineer, shall not be created.

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.

The deposit of soils, rocks 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 waterways.

(4)

The Zoning Officer or Township Engineer may require that a sedimentation and erosion plan be prepared, submitted to the County Conservation District for a review and complied with.

(5)

Materials used for fill as a future base for construction shall be nonorganic and provide a suitable and secure base. The Board of Commissioners may require 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 building.

(6)

Steep slopes. If the grading is not clearly being done for agricultural purposes only, the steep slope provisions of § 275-124 shall thereafter regulate the property based upon the contours prior to regrading.

(7)

Grading inspection and approval. The elevations of basement and garage floors, tops of foundation and finished first floor, primary on-lot sewage disposal systems, finished roads along the points of proposed ingress to a lot, and lot grading are subject to the requirements of § 275-9A(4)(c), and shall be subject to inspection and approval by the Township. The rough grading shall be compatible with the approved erosion and sedimentation control plan or support erosion control measures, and the application plot plan required by § 275-9A(4)(c).

[Amended 11-6-2000 by Ord. No. 07-00]

Dumping. Dumping of any materials (except clean fill, trees, shrubs and rock) that is not part of a sanitary landfill is prohibited in all districts.

§ 275-130 Storage of gases, liquids, solids and hazardous substances.

Any activity which involves the storage of gases, liquids, solids and/or hazardous substances shall comply with current federal, state and Township laws, rules, regulations and ordinances as a condition of approval under this chapter.

§ 275-131 Sewage waste disposal.

All methods of sewage and waste treatment and disposal shall meet the requirements of the Pennsylvania Department of Environmental Protection and in accordance with the Official Township Sewage Facilities Plan, when applicable.

On-lot systems. If an existing nonresidential principal use is converted or expanded causing an increase in sewage flows or the numbers of dwelling units are increased, the applicant shall provide evidence to the Township that any on-lot septic system would be sufficient in size to handle the increased flows.

Alternate septic location. Any lot using an on-lot septic system shall also include an open land area that would be suitable for installing a second drain field if the first system failed. At a minimum, such location shall include satisfactory soil probes, as determined by the Township Sewage Enforcement Officer.

§ 275-132 Noise control.

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 in this section, in the following table when measured at or within the property boundary of the receiving land use.

The following shall be the maximum sound levels for the stated times. The sound levels shall be measured at the lot line of the receiving dwelling or zoning boundary.

Sound Level Limits by Receiving Land Use and Time
Receiving Land Use	Time		Sound Level Limit (dBA)
Residential or AG District or lot line of an existing dwelling or hospital		7:00 a.m. to 9:00 p.m.	57
		9:00 p.m. to 7:00 a.m. Sundays and state holidays	53
Commercial or CR District	At all times		64
Industrial district	At all times		69

For any source of sound which emits a pure tone, the maximum sound level limits set forth in Subsection B shall be reduced by five dBA.

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

The emission of sound for the purpose of alerting persons to the existence of an emergency.

Repair or construction work to provide electricity, water or other public utilities within the hours of 7:00 a.m. and 9:00 p.m., except for clearly emergency repairs which are not restricted by time.

Household power tools and lawn mowers between the hours of 8:00 a.m. and 9:00 p.m.

(4)

Construction operations (including the occasional use of explosives in construction) and repairs of public facilities (including sidewalks and streets) within the hours of 7:00 a.m. and 9:00 p.m. except for clearly emergency repairs which are not restricted by time.

(5)

Agricultural activities, including livestock. A commercial kennel shall comply with this section.

(6)

Motor vehicles traveling on state-owned streets.

(7)

Public celebrations, specifically authorized by the Township.

(8)

Railroads.

(9)

Unamplified human voices.

(10)

Routine ringing of bells and chimes by a place of worship.

Impulsive sounds. 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 fifteen-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.

§ 275-133 Vibration control.

No person shall operate or permit the operation of any device or conduct or permit any use to be conducted that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source (if on private property) or at 50 feet from the source (if on a public space or public right-of-way).

For the purposes of Subsection A, "vibration perception threshold" means the minimum ground-or-structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

§ 275-134 Air pollution and odors.

Air pollution. All uses shall comply with applicable state and federal air pollution laws and regulations.

Odors. No use shall generate odors that would be seriously offensive to persons of average sensibilities beyond the boundaries of a lot line. Tighter standards on what is seriously offensive shall apply in the RR, LDR, MDR and MHDR Districts than in other districts.

The above provision shall not be enforced in a manner that would conflict with the Pennsylvania Right to Farm Act.[1]

[1]

Editor's Note: See 3 P.S. § 951 et seq.

Manure, septage and sludge. Any storage or spreading of manure, septage or septic sludge shall follow good soil and water conservation and odor reduction practices recommended by the Pennsylvania State University Agricultural Extension Service. See also § 275-190D(21), Septage and/or sludge application.

Open burning. Open burning shall only be permitted in conformance with the applicable Township ordinance.[2]

[2]

Editor's Note: See Ch. 101, Burning, Open.

§ 275-135 Light, glare and heat control.

Streetlighting exempted. This section shall not apply to streetlighting that is owned or maintained by the Township or the state.

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.

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 30 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.

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 abutting streets or lots. No spotlight shall be directed such that the bulb itself is directly visible from a public street or dwelling.

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 shining into the eyes of passing motorists.

Maximum candlepower. 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:

One-tenth footcandle spillover at a residential lot line between the hours of 10:00 p.m. and 7:00 a.m.

Five-tenths footcandle spillover at a residential lot between the hours of 5:00 p.m. and 10:00 p.m.

Four footcandles spillover at any lot line other than a residential lot line or at a street right-of-way line.

Flickering. Flashing, flickering or strobe lighting is prohibited, except for Christmas lights between November 15 and January 3.

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. 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.

§ 275-136 Placement of outdoor machinery.

Noise. No outdoor machinery, such as exhaust fans, central air conditioning units, power generators or high-voltage electric transformers shall routinely produce noise that would violate the noise standards of § 275-132.

Placement. Whenever reasonable, outdoor machinery that could create a noise nuisance shall be placed on a side of a commercial or industrial building that does not face an abutting existing dwelling, residential district or other noise-sensitive use.

Safety. Hazards involving outdoor machinery shall be well-marked. Adequate fencing shall be provided as needed to keep children away from hazardous machinery and equipment.

Trash dumpster. All trash dumpsters shall be screened on three of four sides from view from public streets by a solid wooden fence, brick wall or evergreen plants. No dumpster shall be kept within 10 feet of a dwelling.

§ 275-137 Radioactivity; electrical disturbances.

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 outside of the property.

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 permitted use is completed.

§ 275-138 Preservation of trees and forests.

Intent. To protect wildlife and bird habitats, encourage groundwater recharge, avoid pollution of creeks by high temperature runoff, maintain the attractive character of areas and conserve energy.

Tree removal. All trees with a trunk diameter of six inches or more (measured at a height 3.5 feet above original grade) shall not be removed as part of the development of a use unless they are located within a proposed vehicular cartway, stormwater detention basin, parking area, sidewalk portion of the right-of-way, or driveway, within the on-site sewage system, within 20 feet of the foundation area of a structure or unless they are diseased, pose a clear danger to a building or are excessive in number and thinning will clearly promote and enhance the healthy development of the remaining trees.

Protection of trees during construction. Reasonable efforts shall be taken during any construction to ensure that trees protected by this section are not accidentally injured or removed, including root compaction by equipment and materials, mechanical damage or change in grade level.

An area under the "dripline" of branches of trees to be preserved should be designated as a tree protection area. A substantial temporary fence with temporary signs and with a minimum height of four feet should be used to surround such tree protection area to prevent vehicles and equipment from damaging trees and compacting roots.

Applicability. This section shall not apply to an owner of a residential use after a certificate of occupancy has been granted.

Forestry. This section is not intended to apply to commercial forestry, which is regulated as a district land use.

Preservation of trees within buffer areas. See § 275-171D(3)(c).

§ 275-139 Review to determine compliance with performance standards.

Definition. Performance standards shall mean the requirements of this article.

Intent. To ensure that all uses, especially industrial uses involving complex or unusual processes, comply with the performance standards of this chapter and do not threaten the public health and safety.

Information required. The Zoning Officer or the Zoning Hearing Board may require an applicant to submit sufficient information on any storage, manufacture or processing of materials that might involve explosive, toxic, hazardous or radioactive substances to determine whether the use would meet the performance requirements of this chapter.

Zoning Hearing Board review. If a reasonable doubt exists whether a proposed use would meet the performance standards of this chapter, the Zoning Officer may request a review by the Zoning Hearing Board.

Studies may be required. As part of a review by the Zoning Hearing Board of a special exception use or a review requested by the Zoning Officer, the Zoning Hearing Board may require an applicant for a zoning permit to fund such reasonable and necessary studies to determine the use's compliance with the performance standards. Such studies shall be completed by expert(s) selected by the Zoning Hearing Board, upon recommendation of the Township Staff. Such studies should, whenever possible, be completed in written form within 45 days of the application for a zoning permit.