A.
The landowner, person and/or entity performing any earth disturbance
shall utilize sufficient measures to control sedimentation and soil
erosion of lands and waters within Middle Smithfield Township.
B.
The disturbed land area and the duration of exposure shall be
kept to a practical minimum.
C.
Except for agricultural activities, any earth disturbance over
that as required by state regulations, as amended, shall require the
submission of an erosion and sediment pollution control plan to the
Monroe County Conservation District (MCCD). A copy of the approval
from the MCCD, as well as the approved copy of the erosion and sediment
pollution control plan and related documents/calculations, shall be
required to be submitted to the Township prior to the start of any
earth disturbance.
D.
All earth disturbance activities shall be governed by state
code and regulations, as amended.
A.
No landowner, tenant or 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, but not limited
to, 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 others.
(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 and/or chemical 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 applicant for a 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 for review
and approval by the Zoning Officer, and/or his/her designee, prior
to the issuance of any zoning permits.
A.
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."
B.
A "wetland" shall be defined as provided under federal and state regulations, whichever is more inclusive. Wetlands shall be delineated by persons with professional training and experience in such delineations. The credentials of the person delineating the wetlands shall be submitted to the Township. The Township may require a wetland delineation whenever features are present that may indicate the possible presence of wetlands. When wetlands are present, the applicant shall prove compliance with applicable federal, state and local regulations, as amended. Refer to Chapter 160, Stormwater Management, ordinance and the provisions therein shall apply.
A.
Sound levels. No person shall operate, or cause to be operated,
within the Township any source of continuous sound in such a manner
as to create a sound level which exceeds the limits set forth for
the receiving land use when measured at the property line of the adjoining
property during the times specified in Table 1 set forth below.
|
Table 1
Continuous Sound Levels
| |||
|---|---|---|---|
|
Receiving Land Use Category
|
Hours/Days
|
Sound Level Limit
| |
|
I. 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, Easter, Labor Day and Memorial Day
|
60 dBA
| |
|
2) 9:00 p.m. to 7:00 a.m., plus Sundays, Christmas Day, Thanksgiving
Day, New Year's Day, Easter, Labor Day and Memorial Day
|
55 dBA
| ||
|
II. At a lot line of a residential use in a commercial or industrial
district
|
1) Same as above
|
65 dBA
| |
|
2) Same as above
|
60 dBA
| ||
|
III. At any lot line other than No. I or No. II above
|
All times and days
|
80 dBA
| |
|
Note: "dBA" means "A" weighted decibel.
|
B.
Exceptions. The maximum permissible sound levels by receiving
land use established in Table 1 above do 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)
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 when public health or safety is involved. Such emergency repairs
shall not be restricted by time.
(3)
Lawn mowers, snowblowers, leaf blowers and household power tools
between the hours of 7:00 a.m. and 9:00 p.m.
(4)
Licensed game hunting activities on property where such activities
are authorized.
(5)
Agricultural activities, including the raising of livestock,
but not exempting a commercial kennel.
(6)
Motor vehicle operations on public streets (covered in Pennsylvania
Department of Transportation Regulations, as amended).
(7)
Public celebrations specifically authorized by the Township.
(8)
Unamplified human voices.
(9)
Routine ringing of bells and chimes by a place of worship or
a municipal clock.
(10)
Snow-making within a commercial resort.
(11)
Festivals and similar special events that involve a total maximum
of 20 days per calendar year per lot.
A.
There shall be no emission of smoke, ash, dust, dirt, fumes,
vapors or gases which violates the Pennsylvania air pollution control
laws or other regulations of the Pennsylvania Department of Environmental
Protection (DEP) or the U.S. Environmental Protection Agency, as amended.
B.
No use shall generate odors or dust that are offensive to persons
of average sensitivities beyond the boundaries of the subject lot.
No use shall produce heat perceptible beyond its lot lines.
A.
No use shall emit odorous gases or other odorous matter in such
quantities as to be offensive at any point on or beyond its lot lines.
A.
No use shall produce an intense, bright light or a reflection
of an intense, bright light beyond its lot lines.
B.
The lights in and around parking areas shall provide for nonglare
lights focused downward. The incident light intensity provided at
ground level shall be a minimum of 0.3 footcandle anywhere in the
area to be illuminated. Lighting shall be provided by fixtures with
a mounting height of not more than 25 feet or the height of the building,
whichever is less.
C.
The objective of these specifications is to minimize undesirable
off-premises effects. No use shall produce glare off the premises
by illumination originating on the premises. No bare or direct light
source shall be visible beyond the lot lines. Only diffused or reflected
lights shall be visible beyond the lot line. Illumination from light
originating on the site shall not exceed 0.5 footcandle at the lot
line. No light shall shine directly into windows or onto streets and
driveways in such manner as to interfere with or distract drivers'
vision.
D.
No sodium vapor lights shall be permitted.
E.
Illumination levels. Lighting, where required by this chapter,
or otherwise required or allowed by the Township, shall have luminance,
uniformities and glare control in accordance with the recommended
practices of the Illuminating Engineering Society of North America
(IES), as amended, unless otherwise directed by the Township. A copy
of the IES recommendations shall be submitted with the subdivision/land
development plan application, as regulated by the Township SALDO.[1]
No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
at any point beyond the lot lines, with the exception of vibration
produced as a result of temporary construction activity.
Any proposed activity in the Township shall not emit any dangerous
radioactivity at any point on the site.
Electric or electronic equipment shall be shielded so there
is no interference with any radio or television reception at the lot
line or beyond as the result of the operation of such equipment.
