Welcome to

Bath Borough

Northampton County, PA

Frequently Asked Questions

Click on the arrow next to each question to reveal answers.

General

1. Are event signs permitted on poles, trees or posts along a street or alley?

No. This includes yard sale signs. The Borough reserves the right to remove any sign placed illegally.

2. Does the Borough have information on where my property line/boundaries are located?

No. The Borough does not maintain surveyor records nor is any Borough staff or its vendors qualified to perform a survey. While some owners are fortunate to find their property monuments or pins still visibly in place; others have pins that are buried or nonexistent. For buried pins, we suggest using a metal detector to locate them. If nothing is found, we suggest you contact a certified surveyor if you need to locate your property lines.

3. If my neighbor and I are involved in a boundary dispute, should the Borough be advised?

Property line/boundary disputes must be settled among the affected property owners. We suggest contacting a certified surveyor to have properties surveyed.

4. How can I find out if my property is in a flood zone?

The Federal Emergency Management Association (FEMA) provides the Borough with the latest flood maps. Feel free to stop by the Borough Office to view these maps or visit their website at www.fema.gov. Your property’s flood elevation must be determined by a surveyor.

5. Where can I find information regarding Radon testing?

For  information about radon, including information on interpreting test results
and finding a Pennsylvania-certified radon contractor, please visit www.dep.state.pa.us,
keyword: Radon, or call 800-23-RADON.

6. I am told the Borough Office maintains a file pertaining to every property in the Borough. What type of information might I find in the file for my property?

Documentation might consist of correspondence to and from owners (current and prior) of the property and the Borough; construction applications, permits and drawings; inspection reports related to construction or housing; requests for locating underground utilities; appeals to zoning, codes or housing appeals boards; citations issued against the property; requests from third parties concerning the property; to name a few. Please be aware that a property file is available for anyone to view by stopping in our office during normal business hours. An appointment isn’t necessary; however, some files are complex and may take awhile for our staff to gather related information as well as for you to review. Allow sufficient office time to perform such a review when planning your visit.

7. Can I wash my car in my driveway?

If washing your car causes soapy water to enter the Borough’s stormwater sewer system, then no. Detergents used to wash cars or boats where wastewater ends up in a storm sewer inlet in a street, this water is contaminated and is not allowed to enter Monocacy Creek or waters of the Commonwealth.

8. Can I drain my pool in the street?

No. Pool water containing chlorine is not permitted in the Borough’s municipal separate storm sewer system (MS4). If you need to drain your pool and you have no other way to discard the water other than by public streets and ultimately storm sewer inlets, check with the Bath Water Authority (610.837.0652) about draining your pool water into the sanitary sewer system.

Permits/Construction

1. What types of work require permits and what is the process for pulling a permit?

The necessity of a permit is based on what the job entails. Please refer to the ‘Codes’ page for permit requirements, their process, and fee schedules. If you still have questions, feel free to contact the Code/Zoning Office at 610-837-6525.

2. Can you recommend a contractor?

No, our office cannot show partiality. When choosing a contractor, don’t hesitate to ask them for references and proof of insurance; get comparison quotes as well. Also, check with websites such as the Better Business Bureau and State Attorney General’s Office for further information. Once you’ve chosen a contractor, verify who will obtain the permits.

3. What is the plot plan referenced on the zoning application and where do I find the information needed to prepare one?

A plot plan is a diagram of your property, its dimensions, and the location of all structures (existing and proposed), including their dimensions. Your rendering does not have to be drawn to scale. You will find the dimensions of your property described in your deed. Using a tape measure, determine the distance between the property lines and the closest structures to same, and the distances between each structure. All of these measurements must be shown on the plot plan. Be sure to mark what each structure is and whether the structure is existing or proposed. Contact the Code/Zoning Office if you need further assistance.

4. Will the work I am planning affect my property’s assessed value?

Our office cannot answer this question since the Northampton County Tax Assessment Office is responsible for property assessment in Northampton County and levies taxes accordingly; not the Borough of Bath. Assessments within the Borough of Bath are based on building permit reports provided by our office, as well as County staff observations. County Assessors might question property owners and our office to inquire about the status of a particular project.

5. At what hours of the day is it permissible for construction to occur?

Construction contractors and those performing work within the Borough should be courteous to neighbors. Work should occur Monday through Saturday from 1/2 hour after sunrise to 1/2 hour before sunset, except for holidays. The Borough currently does not have an ordinance regulating construction activities.

6. What regulations does the Borough follow when reviewing plans and performing inspections?

Plan reviews and inspections are based on the PA Uniform Construction Code, the International Code Council 2018 Codes, and the Borough Code. The Borough Code is located on the Borough’s website. Only the 2018 IRC book version is available for public viewing upon request. We do not stock these items to sell.

Residential Rentals/Housing (Rental License is required to rent/let any house or apartment in the Borough. This section of the FAQs is based on legal rental units.)

1. What should I do before signing a lease with a property owner?

Do your research! Check with our office to verify that the unit is legally licensed. Visit the property and tour the unit you are interested in. If possible, have your parent or guardian make the trip with you. Read through the lease carefully so there are no surprises in the future. Make sure you understand which utilities are your responsibility. Before signing the lease, contact an attorney with any questions you might have regarding the contents of it. Contact the Code/Zoning Office at 484-281-3723 if you have questions concerning possible maintenance issues in the unit. Be aware that while all legally licensed units must meet minimum standard requirements, some units far exceed those requirements.

2. What is the maximum number of persons allowed to live in a rental unit?

Since the amount is based on bedroom size or using a combination of living/bedroom square footage at the property, it varies per property. To check the legal occupancy of a rental unit, call the Borough’s Code/Zoning Office 484-281-3723.

3. What can a tenant do if there is a maintenance issue in their rental unit?

First, contact your landlord. If the problem has been reported to your landlord and the issue remains unresolved, contact the Borough’s Code/Zoning Office 484-281-3723.

4. Are rental properties inspected?

Yes. Each licensed rental unit in the Borough is inspected once every three years by the Borough. All properties must meet the rental license and inspection law Minimum Standards Inspection (MSI).

5. What distance must be maintained between tree branches and sidewalks or streets?

Branches must be a minimum of 10 feet above a sidewalk, and 14 feet above a street. If a tree is on private property, the owner is responsible for its maintenance. Be certain there are no utility wires in the area of the tree prior to removing limbs.

5. Where can I park my car if on-site parking isn’t available where I live?

Clearly, parking is at a premium in Bath. Always check nearby signage first. Another suggestion is to use the Borough-owned parking lots; they are short term, timed lots. The rules for each lot are clearly posted. Keep in mind that the Borough issues tickets for cars parked illegally.

6. Is there a minimum temperature that must be maintained in a rental unit?

Yes. From October 1st to April 30th, the minimum air temperature must be at least 68 degrees Fahrenheit.

7. Is screening required on windows and doors during the summer?

Window and door screens are required from May 1st through October 15th.

Businesses

1. Would my business be permitted at a certain property?

We suggest you check with our office before signing a lease to ensure that the use you are proposing meets the Borough’s zoning regulations. The Borough is separated into different zoning districts, which restrict where commercial, residential and industrial uses can occur. For this reason, our office must grant zoning approval for your business. If you choose to enter into a lease agreement before gaining our approval, we suggest adding a stipulation to the lease that it can be voided if the use is denied. Contact the Borough Code/Zoning Office at 484-281-3723 for further information.

2. Can I operate a business out of my home?

This depends on what type of business you are planning and where you live. Contact the Borough Code/Zoning Office for more information.

3. What must I do before opening a business in the Borough?

Gain approval from our office for its use, signage and any renovations you are planning. Permits must be issued before any work begins.

4. How large can my sign be?

This depends on where you are proposing to open your business and the type of signage you desire. We suggest applying for signage simultaneously with the Building/Zoning Application. You may also need approvals form the Borough’s Historic Architectural Review Board depending on the location of your business and if located in the HARB District.

5. Must a sign be removed when a business relocates or closes its doors?

Although at this time, there is no Borough regulation that mandates the removal of signage, we strongly suggest you do so.

Nuisance/Property Maintenance

1. My neighbor’s tree branches extend onto my property and are low. Can I trim them?

Technically, any plant/tree/shrub that is planted on your neighbor’s property that crosses the invisible vertical line formed at the ground by the property boundary (onto your property) can be trimmed to that invisible line by you. However, we urge you to discuss this with the adjoining property owner before doing so. Before trimming, be certain there are no utility wires in the area of the tree.

2. The neighbor’s hedge is planted on the property line and is impeding into my yard. Can I trim it?

The hedge can be trimmed by you if the part you are trimming is over the property line. However, we urge you to discuss this with the adjoining property owner before doing so.

3. Can I store my vehicle outside?

All vehicles, trailers and boats having the applicable current registration and license tags affixed to them can be parked on a stoned/paved area outside on private property. Others with expired registrations and/or no license tags must be stored inside an enclosed structure. Also keep in mind that all vehicles while parked within the public right-of-way must be moved every 48 hours.

4. Can I park in the grass on my property?

Although there is no Borough regulation parking on grassy surfaces on private property, to avoid mud from being drug onto a street/alley, vehicles should be parked on a hard surface, such as stone or macadam. Dragging mud into the public right-of-way and ultimately into storm sewer drains can lead to code violations under the Borough’s Stormwater Act.

6. How high can grass/weeds be?

Grass should be maintained at a maximum height of 10 inches.

7. I’m having a problem with a neighboring property. Where can I go to resolve the issue?

The Borough Office can be contacted if there is a quality-of-life issue such as high grass/weeds, dog feces, tree/shrubbery obstructions at intersections, and debris. We urge residents to attempt to resolve the issue at hand by discussing it with their neighbor before contacting us; however, we are here if a mutual agreement cannot be reached.

8. Is open burning permitted in the Borough?

No. Open fires or bonfires are not permitted without special approval being granted the Code/Zoning Office. We do allow recreational burning in contained structures such as chimeneas or mesh-lidded containers. Please check the Borough’s Air Pollution Act for more information (Borough of Bath Code of Ordinances, Chapter 205 Air Pollution)

9. Is a sofa permitted on a porch?

No. All upholstered furniture must be used or stored indoors. Only furniture having a surface designed for outdoor use can be used outside. For more information see the Borough’s Nuisance Ordinance (Borough of Bath Code of Ordinances, Chapter 419 Nuisances)

Bath’s Recycling Program

1. Isn’t Bath required by state law to recycle in accordance with Pennsylvania Department of Environment Protection regulations?

No.

Small municipalities such as Bath are exempt from offering recycling programs. Act 101 of 1988, Chapter 15 ‘Recycling and Waste Reduction’, Section 1501(b) describes the following exception: Municipalities, other than counties, with a population of 10,000 or more people or with a population of more than 5,000 but less than 10,000 people and a population density of more than 300 people per square mile, are mandated to recycle. Bath’s population, according to the 2020 US Census, is 2,808. Therefore, Bath is exempt from state mandated recycling.

2. Did Bath eliminate its curbside recycling program in the upcoming 2023-2025 Municipal Solid Waste Contract?

Yes.

The decision to eliminate recycling from the current contract came down to costs per unit– what the resident/tenant would be required to pay for maintaining a non-mandated recycling program. The price increase from 2022 to 2023 was 92% (not including administrative costs) opposed to 29% if recycling was left out of curbside collections. The difference of paying $266.95 on top of 2022 rates or paying $94.25 if recycling was eliminated: price swing of $172.70.

3. Isn’t the Borough required by law to competitively bid trash/recycling contracts to get the best and lowest price?

Yes.

In the case of Municipal Solid Waste contracts, the Borough is required to publicly bid the contract and during the first/second quarters of 2022, did so.

Unfortunately, the Borough cannot force a waste/recycling hauler to bid on Bath’s contract. The Borough only received acknowledgement from three waste haulers, Waste Management, JP Mascaro, and Whitetail Disposal. Waste Management respectively declined to bid on Bath’s contract.

The only two responsive bidders were JP Mascaro and White Disposal. Unfortunately, Whitetail Disposal’s bid was defective and was rejected. JP Mascaro was awarded the upcoming solid waste contract. By law, the Borough is required to select the lowest and responsible bid.

4. Didn’t Bath bid solid waste and recycling options in this current solid waste contract?

Yes.

The Borough maintained three different options for haulers to bid; A) Weekly recycling and waste collection, B) Bi-weekly recycling collection and weekly waste collection, and C) Weekly waste collection only.

WHITETAILS BID: A) $541.51 annually, B) $479.90 annually, and C) $396.66 annually.

JP MASCARO’s BID: A) $575.01 annually, B) $501.88 annually, and C) $374.45 annually.

All prices do not include administrative costs associated with the program.

Since Whitetail’s bid contained a performance bond discrepancy in contravention with the Borough Code, Bath was forced to reject its bid and select JP Mascaro’s bid.

5. Couldn’t Bath reject all bids and start over?

While technically, yes, it would’ve been too risky.

Bath’s current contract expires December 31, 2022. If Bath did not have a waste hauler in place before December 31, 2022, there would have been service disruptions to residents for an unknown period of time.

The Borough had three one-year extensions built into the current contract. However, Waste Management executed its rights under the contract in early 2022 to eliminate the extension clause.

Bath began the bid process early 2022 with bids submitted by haulers in May. If Bath rejected all bids and restarted the process it would’ve carried into the late part of 2022 due to timing requirements and public bidding procedures. If a bid protest ensued or if Bath had to re-bid, the process would have carried another few months without a hauler in place to collect residential waste. It was a gamble Bath was not willing to wager, especially given the state of local/regional economic affairs.

6. Why is solid waste hauling prices so high?

Haulers explained to Bath in June that the economy, fuel prices, supply line issues, truck and equipment repair issues, and labor issues, have all played a role in why waste hauling prices are higher than normal.

As of the week of 12/26/2022, JP Mascaro explained to Bath that pricing remains high and that they have seen haulers refusing to bid on some municipal contracts at this time due to economic uncertainties and steering clear of longer-term contracts.

7. Why doesn’t Bath just allow residents to choose their own waste hauling and recycling hauler?

Private subscription would have an impact on the quality of life for many, if not all residents. There is little if any oversight under private subscriptions, from waste limits to hours of operation.

If residents were given the option, waste and recycling hauling could essentially take place at different days of the week, to include all week long, and at different hours of the day, posing a nuisance to everyone. And in a tight urban center (compact housing) such as Bath, unlike larger, more residentially open townships, the traffic and noise would be problematic.

In addition, Bath’s residential road network isn’t designed to carry heavy truck loads associated with waste haulers on a daily basis. Road deterioration is likely to accelerate with a higher frequency of waste hauler trucks on residential side streets. While waste haulers and other trucks drive through Bath on a daily basis, those trucks operate on state highways of a completely different construction and road design to carry those types of loads.

8. Couldn’t Bath just subsidize taxpayer funds to cover the added costs of the recycling program?

The short answer is no.

While Borough Council, with majority approval in public session, can take a number of directions spending taxpayer money on programs, it is not recommended to use taxpayer money to subsize the Municipal Solid Waste program. General Fund revenues should not be used to offset enterprising fund expenses. Bath was engaging in this practice, and it led to funding shortages elsewhere.

Enterprising funds are for example, solid waste and recycling or water/sewer services that require rate payers or customers to pay the bill for that service, in its entirety, from service delivery to administration of the program. Enterprising funds are designed with the intent of being self-supporting. If taxpayer money is deducted from the General Fund to cover waste/recycling bills, it will and does come at the cost of something else, such as the financial resources for repairing/replacing roads or other municipal programs.

9. Couldn’t Bath implement some type of bill pay on a graduated scale?

No.

Solid waste & recycling prices are determined by contract and expressed by haulers on a ‘per unit’ basis. The bid Specifications and current contract is set and cannot be altered.

Asking a hauler to comply with a graduated per unit pay scale could unnecessarily drive the per unit costs higher because of uncertainties. Haulers can set their best bottom-line pricing, to a certain extent, on how complex (or not) a municipal contract is written. Additionally, price scaling could lead to potential legal claims of fairness, equity, and/or discrimination issues. So there currently isn’t a clear way to legally prepare Specifications that would include a legally permissible grading scale. Requires further legal evaluation.

That said, the public is invited to ask the question of price scaling to the Borough in the next municipal solid waste contract. If there are ideas for creating a price scale, please propose metrics for Council and legal to consider.

10. What happens if I put my recycling curbside?

JP Mascaro will combine the recyclables with municipal waste and discard.

11. Is there anywhere I can take my recyclables?

Yes. Two locations:

  1. Bethlehem Recycling Center: 635 Illicks Mill Rd, Bethlehem, PA 18017. Open from Tuesday to Saturday between 10AM and 4PM. NOTE: Recycling needs to be sorted; it is not a single stream facility. Plastics need to be separated from glass, cardboards, cans, etc.
  2. East Penn Sanitation: 4687 Hanoverville Rd, Bethlehem, PA 18020. Open on the 2nd and 4th Friday of every month between 7AM and 3PM. NOTE: This recycling center offers single stream. Plastics, glass, cardboards, cans, etc., may be mixed together.

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