[HISTORY: Adopted by the Board of Commissioners
of the Township of Haverford 6-14-1976 by Ord. No. 1642. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Environmental Performance Standards Ordinance."
It is the purpose of this chapter to provide
performance standards to ensure that all nonresidential development
in Haverford Township is environmentally compatible with adjacent
land uses with respect to levels of noise, vibration, glare, emissions
of sulfur oxides, smoke, dust and particulates, odor and toxic materials.
A.
Intent and applicability. The environmental performance
standards contained herein shall be the minimum standards to be met
and maintained by all nonresidential uses established after the effective
date of this chapter. Standards established by other Township ordinances,
the Pennsylvania Department of Environmental Resources or the United
States Environmental Protection Administration shall apply where those
standards are more restrictive than the standards set forth herein.
The standards contained in this chapter shall be applicable to all
nonresidential land uses in the Township of Haverford.
B.
Environmental performance permit application.
(1)
An environmental performance permit will be specifically required for all uses enumerated in § 182-503B (permitted uses in an LIN Light Industrial District of the Haverford Township Zoning Ordinance of 1974), except office uses when said uses are initiated or expanded after the enacting of this chapter. Such a permit is also required for uses being brought into conformity with the provisions of Subsection E below or for any other use which, in the opinion of the Township Engineer, may require regulation.
[Amended 6-30-1986 by Ord. No. 1960]
(2)
All applications for an environmental performance
permit shall be accompanied by a certification from a professional
engineer registered in the Commonwealth of Pennsylvania that the proposed
use can meet the performance standards set forth in this chapter.
All applications shall include but shall not be limited to the following
informational items:
(a)
Plans of existing or proposed construction and
development.
(b)
A description of existing or proposed machinery,
processes and products.
(c)
Specifications for the mechanisms and techniques
used or proposed to be used in restricting possible dangerous or objectionable
conditions as set forth in this chapter.
(d)
Measurements of the amount or rate of emission
of any dangerous or objectionable elements as set forth in this chapter.
C.
Application review. All applications for an environmental
performance permit shall be reviewed by the Township Engineer for
compliance with these performance standards. No application for a
use requiring an environmental performance permit shall be approved
by the Planning Commission, the Director of Code Enforcement or Board
of Commissioners until it is certified in writing by the Township
Engineer that the proposed use can meet these standards.
[Amended 6-30-1986 by Ord. No. 1960]
D.
Enforcement. The Director of Code Enforcement shall
investigate any purported violation of these performance standards
and, if there are reasonable grounds for same, shall direct the Township
Engineer to determine the existence and nature of said violations.
[Amended 6-30-1986 by Ord. No. 1960]
(1)
The cost of engineering services incurred by the Township
in establishing a violation shall be paid by the violator if said
violation is established. If no violation is established, the cost
shall be borne by the Township.
(2)
Any nonresidential uses established after the effective
date of this chapter and subsequently found to be operating in violation
of the performance standards set forth in this chapter shall be corrected
within 60 days after certification of noncompliance is made by the
Director of Code Enforcement. The Director of Code Enforcement shall
certify noncompliance only after receipt of a report from the Township
Engineer establishing said noncompliance with these performance standards.
[Amended 6-30-1986 by Ord. No. 1960]
E.
Existing nonconforming properties.
(1)
All existing nonresidential uses established prior
to the effective date of this chapter and not in conformance with
the performance standards set forth herein may continue to operate
but may not become more nonconforming.
(2)
All such uses, however, shall fully comply with these
performance standards within five years after certification by the
Director of Code Enforcement of an instance of noncompliance. The
Director of Code Enforcement shall certify noncompliance only after
receipt of a report from the Township Engineer establishing said noncompliance
with these performance standards.
(3)
All additions, expansions or changes in process must
conform with the applicable performance standards.
A.
Noise.
(1)
Noise shall be measured with a sound-level meter having an A-weighted filter constructed in accordance with specifications of the American National Standards Institute (ANSI). Permissible noise levels may vary with respect to the zoning district in which the noise is perceived. Measurements are to be made at any point in a zoning district as indicated in Table I.[1]
[1]
Editor's Note: Table I is included at the end of this chapter.
(2)
Impact noise shall be measured using the fast response of the sound level meter. Impact noises are intermittent sounds such as from a punch press or drop forge hammer. Measurements are to be made at any point in the zoning districts as indicated in Table I.
(3)
Between the hours of 7:00 p.m. and 7:00 a.m. the permissible
sound levels in a residential district shall be reduced by five decibels
for impact noises.
B.
Vibration.
(1)
Vibration shall be measured at or beyond any adjacent lot line or Residential, Institutional or Recreation and Open Space District line as indicated in Table II,[2] and such measurements shall not exceed the particle velocities
so designated. The instrument used for these measurements shall be
a three-component measuring system capable of simultaneous measurement
of vibration in three mutually perpendicular directions.
[2]
Editor's Note: Table II is included at the end of this chapter.
(2)
The maximum vibration is given as particle velocity,
which may be measured directly with suitable instrumentation or computed
on the basis of displacement and frequency. When computed, the following
formula shall be used:
|
P.V.
|
=
|
6.28 F X D
| ||
|
Where
| ||||
|
P.V.
|
=
|
Particle velocity in inches per second.
| ||
|
F
|
=
|
Vibration frequency in cycles per second.
| ||
|
D
|
=
|
Single amplitude displacement of the vibration
in inches.
| ||
C.
Dust and particulates.
(1)
The total emission rate of dust and particulate matter
from all vents, stacks, chimneys, flues or other openings or any process,
operation or activity shall not exceed the levels set forth below.
(2)
The emission rate of particulate matter in pounds
per hour from any single stack shall be determined by selecting a
continuous four-hour period which will result in the highest average
emission rate.
(3)
Particulate matter emission from materials or products
subject to becoming windborne shall be kept to a minimum by paving,
oiling, wetting, covering or other means such as to render the surface
wind resistant. Such sources include vacant lots, unpaved roads, yards
and storage piles of bulk material, such as coal, sand, cinders, slag,
sulfur, etc.
(4)
For nonresidential uses, the maximum emission rate
of dust and particulate matter from all stacks shall be 0.5 pound
per hour per acre of lot area.
D.
Sulfur oxides.
(1)
Emission of oxides of sulfur as sulfur dioxide from
combustion and other processes shall be limited in accordance with
the requirement stated below. The oxides of sulfur may be computed
from the sulfur analysis in the fuel or from known test data of sulfur
oxides emission.
(2)
For nonresidential uses, the maximum emission rate
of oxides of sulfur from all stacks shall be 0.05 pound per hour per
acre of lot area.
E.
Smoke.
(1)
For the purpose of grading the density or equivalent
opacity of smoke, the Ringelmann Chart, as published by the United
States Bureau of Mines, shall be used.
(2)
For nonresidential uses, the emission of smoke darker
than Ringelmann No. 1 from any chimney, stack, vent, opening or combustible
process is prohibited.
F.
Odor.
(1)
Odor thresholds shall be measured in accordance with
ASTM d1391-57, Standard Method for Measurement of Odor in Atmosphere
(Dilution Method) or its equivalent.
(2)
For nonresidential uses, odorous material released
from any operation or activity shall not exceed the odor threshold
concentration, as defined in ASTM d1391-57, beyond the lot line, measured
either at ground level or habitable elevation.
G.
Toxic matter.
(1)
The release of airborne toxic materials shall be in
accordance with the fractional quantities permitted below of those
toxic materials currently listed in the threshold limit values adopted
by the American Conference of Governmental Industrial Hygienists.
Unless otherwise stated, the measurement of toxic matter shall be
at ground level or habitable elevation and shall be the average of
any twenty-four-hour sampling period.
(2)
For nonresidential uses, the release of airborne toxic
matter shall not exceed 1/30 of the threshold limit value across lot
lines.
H.
Fire hazard solids. For nonresidential uses, the storage,
utilization or manufacture of solid materials which are active to
intense burning shall be conducted within spaces having fire-resistive
construction of no less than two hours and protected with an automatic
fire-extinguishing system.
I.
Fire hazard liquids and gases.
(1)
The storage of flammable liquids or gases which produce
flammable or explosive vapors shall be permitted only in accordance
with this section, exclusive of the storage of finished products in
original sealed containers of 60 gallons or less, which shall be unrestricted.
J.
Glare. For nonresidential uses, any operation or activity
producing glare shall be conducted so that direct or indirect light
from the source shall not cause illumination in excess of 0.5 footcandle
when measured in a Residential District. This restriction shall not
apply to lighting equipment operated by the Township or School District
in Recreation and Open Space Districts.
[Amended 6-13-1988 by Ord. No. 2019; 3-12-2012 by Ord. No.
2660]
Any person, firm or corporation violating any
provision of this chapter shall, upon summary conviction before any
District Justice of the Peace, pay a fine not exceeding $1,000 and
costs of prosecution; and in default of one payment of the fine and
costs, the violator may be sentenced to the county jail for a term
of not more than 90 days. Each and every day in which any person,
firm or corporation shall be in violation of this chapter shall constitute
a separate offense.
