In all districts, all uses and activities established after the effective date of this chapter shall comply with the following standards.
The sound level of any operation shall not exceed the decibel levels of the preferred frequencies cited below or as modified or exempted. The sound-pressure level shall be measured with an octave band analyzer calibrated in the preferred frequencies conforming to the specifications published by the American Standard Association (preferred Frequencies for Acoustical Measurements, SI 6-1960, American Standards Association, New York, New York).
A. 
Standards. At no point on the district boundary of or at any point (including adjacent to any noise source) within any district shall the sound-pressure level resulting from any operation in any district exceed the maximum permitted sound levels set forth below (except as may be expressly modified or waived herein).
Maximum Permitted Sound-Pressure Level
(decibels)
Center Frequency
(cycles per second)
Residential and Commercial Districts
Industrial District
31.5
65
76
63
67
74
125
66
68
250
59
63
500
52
57
1,000
46
52
2,000
37
45
4,000
26
38
8,000
17
32
B. 
Waivers. The following sources of noise are exempt:
(1) 
Transportation vehicles traveling on public streets.
(2) 
Occasionally used safety signals or warning devices.
(3) 
Noises emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m.
A. 
No use shall cause vibrations exceeding the maximum values specified in this section. The maximum vibration is given a 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:
PV = 6.28 V x D
Where:
PV
=
Particle velocity, inches per second.
V
=
Vibration frequency, cycles per second.
D
=
Single amplitude displacement of the vibration inches.
B. 
Particle velocity shall be the vector sum of three individual components measured simultaneously in three mutually perpendicular directions.
Maximum Ground-Transmitted Vibration
Particle Velocity
(inches/second)
Zoning District
Adjacent Lot Line
Residential District
Residential
0.05
0.02
Commercial, Industrial
0.10
0.02
C. 
Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 60 per minute, then the values in this table may be multiplied by two.
No heat from any use shall be sensed at any property line to the extent of raising the temperature of air or materials more than 1° F.
In commercial districts, 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 footcandles when measured in a residential district.
Ambient air quality standards have been established by the Commonwealth of Pennsylvania. In order to minimize overlapping regulations, the Borough adopts these standards as its own. However, to govern situations of a localized nature, the following additional regulations are provided:
A. 
Odor. "Odor threshold" is defined as the lowest concentration of odorous matter that produces an olfactory response in normal human beings. Odor thresholds shall be measured in accordance with ASTM d 1931-57, Standard Method for Measurement of Odor in Atmosphere (Dilution Method), or its equivalent.
(1) 
Odorous materials released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation.
(2) 
Should any such odorous material contain toxic material, such airborne toxic matter shall not exceed 1/30 of the odor threshold at the appropriate points of measurement.
B. 
Smoke. For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart published by the United States Bureau of Mines shall be used. The emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited.
A. 
Any use established or changed to, and any building, structure or land developed, constructed or used for any use or any accessory use thereto, shall comply with all the performance standards set forth.
B. 
Determination necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(1) 
Where determinations can be made by the Code Enforcement Officer or other Borough employees using equipment normally available to the Borough or obtainable without extraordinary expense, such determinations shall be made before notice of violation is issued.
(2) 
Where technical complexity or extraordinary expense makes it unreasonable for the Borough to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and protecting the general public from unnecessary costs for administration and enforcement.
C. 
If the Code Enforcement Officer finds that there is a violation of the performance standards set forth herein, he shall specify the minimum standards which are required by Article VII. Failure to obey lawful orders concerning such corrections shall be prosecuted under the provisions of Article XI and punishable under the provisions of Article I.
A. 
When required. In general, buffering, either in the form of yard space or screening, is appropriate between high-intensity activities and residential activities.
(1) 
Buffer yards shall be required for all commercial and industrial use when abutting or within residential districts.
(2) 
Where arterial or collector streets or railroads serve as district boundaries, no buffering is required along such boundary.
(3) 
Where streams, runs or other bodies of water serve as district boundaries, such body of water may serve to meet the buffering requirements, provided that it is approved by special exception.
(4) 
Buffer yards shall be required for mobile home parks around the entire perimeter of the property.
(5) 
Buffer yards shall be required along the perimeter of any development in the MR-1 Medium-Density Residential District-1; provided, however, that no buffer yard shall be required along a street right-of-way line.
[Added 7-8-2013 by Ord. No. 685]
B. 
Buffer yards. A buffer yard is a strip of land, identified on a site plan or by a zoning ordinance, established to protect one type of land use from another land use that is incompatible. Normally, the area is landscaped and kept in open space.
(1) 
Buffer yards shall be at least 15 feet in width, measured from the applicable lot line. Buffer yards shall be in addition to required front, side or rear yards unless otherwise indicated.
(2) 
The portion of the buffer yard which is not occupied by screen plantings shall be planted with grass seed, sod or ground cover and maintained and kept clean of all debris, rubbish, weeds and tall grass in conformance with existing regulations.
(3) 
No structure, manufacturing or processing activity or parking or storage of materials shall be permitted in the buffer yard.
(4) 
Within all buffer yards, screening in accordance with Subsection C shall be included.
C. 
Screening. Screening is the provision of a barrier to visibility, airborne particles, glare and noise between adjacent properties composed entirely of trees, shrubs or other plant materials.
(1) 
Plant materials used in the screen planting shall be of such species as will produce within two years a complete visual screen of at least six feet in height.
(2) 
The screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within 15 months.
(3) 
The screen planting shall be so placed that, at maturity, it will be not closer than three feet from any street or property line.
(4) 
In accordance with the provisions of § 160-68, a clear sight triangle shall be maintained at all street intersections and where private accessways intersect public streets.
(5) 
The screen planting shall be broken only at points of vehicular or pedestrian access or utility easements prohibiting such planting.
A. 
On-lot storage. Outside storage is permitted in all districts, provided that outdoor storage or display does not occupy any part of the street right-of-way, sidewalks or other areas intended or designed for pedestrian use, required parking areas and any part of the required front yard.
(1) 
In residential and commercial districts, outside storage and display areas shall occupy an area less than 1/2 of the existing building coverage.
(2) 
In residential districts, outside storage and display areas shall be shielded from view from the public streets and any adjacent residences.
B. 
Vehicular storage.
(1) 
In all districts, one recreational vehicle or boat may be stored on a lot occupied by the owner of the vehicle, provided that such vehicle or boat is not stored in the front yard or on-street.
(2) 
Automotive vehicles or trailers of any kind or type that are not in operable condition or are without current registration and inspection shall not be parked or stored in any residential zoning district for more than two weeks, unless the vehicle or trailer is parked within a completely enclosed accessory building. The only exception to this provision shall be the storage or parking of a small trailer, such as that used to transport a boat, motorcycle, pop-up camper or other such small equipment or device.
(3) 
In commercial and industrial zoning districts, automotive vehicles (including truck trailers) or recreational vehicles of any type that are not in operable condition or are without registration and inspection must be parked or stored within completely enclosed accessory buildings, unless the vehicles or trailers are for sale at a sales agency dealing in automotive vehicles or recreational dwellings.
(4) 
Vehicles and trailers that are used for storage of materials or goods that are registered, inspected and operable may be used for storage without a permit for up to 180 days in any calendar year. After this period, owners/operators of the vehicle or trailer must secure a permit from the Zoning Officer to continue the use. In order to secure the permit, the location of the vehicle or trailer must conform to all applicable zoning regulations treating the vehicle or trailer as a permanent structure.
A. 
Purpose. This section is adopted pursuant to the authority conferred by the Airport Zoning Act of 1984, P.L. 837, No. 164, 74 Pa.C.S.A. § 5911 et seq., as amended, and the Municipalities Planning Code of 1968, P.L. 805, 53 P.S. § 10101 et seq., as amended. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Pennridge Airport, located in East Rockhill Township, and the property or occupants of land in its vicinity; that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of Pennridge Airport and the public investment therein. Accordingly, it is declared:
(1) 
That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Pennridge Airport.
(2) 
That it is necessary in the interest of the public health, public safety, and general welfare of persons using Pennridge Airport that the creation or establishment of obstructions that are a hazard to air navigation be prevented.
(3) 
That the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AIRPORT
Pennridge Airport.
AIRPORT ELEVATION
The highest point of the airport's usable landing area, measured in feet from sea level, which is 568 feet above mean sea level.
AIRPORT HAZARD
Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft.
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.
APPROACH SURFACE
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach height limitation slope set forth in Subsection D. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES
These zones as set forth in Subsection C.
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHT
For the purpose of determining the height limits in all zones set forth in this article and shown on the airport zone map, the datum shall be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport elevation, the perimeter of which, in plan, coincides with the perimeter of the horizontal zone.
LARGER THAN UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
NONPRECISION INSTRUMENT RUNWAY
A runway having an existing instrument-approach procedure utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment for which a straight-in nonprecision-instrument-approach procedure has been approved or planned.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in Subsection D.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Subsection C. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE
For the purposes of this article, an object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines, in addition to those objects defined in § 160-13.
TRANSITIONAL SURFACES
These surfaces extend outward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway center line.
TREE
Any object of natural growth.
C. 
Airport zones. In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces, as they apply to Pennridge Airport. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(1) 
Runway larger than utility visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(2) 
Transitional zones. The transitional zones are the areas beneath the transitional surfaces.
(3) 
Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others, from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
(4) 
Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
D. 
Airport zone height limitations. Except as otherwise provided in this chapter, no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(1) 
Runway larger than utility visual approach zone. Slopes 20 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface, and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(2) 
Transitional surface zones. Slopes seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the primary surface, and the approach surface, and extending to a height of 150 feet above the airport elevation, which is 568 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward, beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface.
(3) 
Horizontal surface zone. Established at 150 feet above the airport elevation or at a height of 568 feet above mean sea level.
(4) 
Conical surface zone. Slopes 20 feet outward for each foot upward, beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation, and extending to a height of 350 feet above the airport elevation or at a height of 918 feet above mean sea level.
(5) 
Excepted height limitations. Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 35 feet above the surface of the land.
E. 
Use restriction. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of the pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
F. 
Nonconforming uses or structure.
(1) 
Regulations not retroactive. The regulations prescribed in this section shall not be construed to require the removal, lowering or other change or alteration of any nonconforming structure or otherwise interfere with the continuance of a nonconforming structure. Nothing contained herein shall require any change in the construction, alteration or intended use of any nonconforming structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently prosecuted.
(2) 
Marking and lighting. Notwithstanding the preceding provision of this subsection, the owner of any existing nonconforming structure is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Zoning Officer of Sellersville Borough, pursuant to guidelines and regulations adopted by the Federal Aviation Administration of the United States Department of Transportation, to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the owners of Pennridge Airport.
G. 
Permits.
(1) 
Future uses.
(a) 
Except as specifically provided in Subsection G(1)(a)[1], [2] and [3] hereunder, no material change shall be made in the use of land, no new structure or use shall be erected or otherwise established and no new tree shall be planted in any zone hereby created unless a permit shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with Subsection G(4).
[1] 
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
[2] 
In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such approach zones.
[3] 
In the areas lying within the limits of the transitional zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transitional zones.
(b) 
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any height limits established by this article, except as set forth in Subsection D.
(2) 
Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made. Before any nonconforming structure may be replaced, substantially altered or rebuilt or a nonconforming tree allowed to grow higher or be replanted, a permit must be secured authorizing the replacement or change.
(3) 
Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer of Sellersville Borough determines that a nonconforming use has been abandoned or more than 75% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(4) 
Variances. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any tree, or otherwise use his property in violation of the regulations prescribed in this chapter must apply to the Zoning Hearing Board of Sellersville Borough for a variance from such regulations. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances may be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and the relief granted will not be contrary to the public interest, will not create an airport hazard, will do substantial justice and will be in accordance with the spirit of this chapter. Additionally, no application for a variance to the requirements of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the owner or manager of Pennridge Airport for comments as to the aeronautical effects of the variance. If the owner or manager of Pennridge Airport does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application.
(5) 
Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and reasonable under the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Zoning Hearing Board, this condition may be modified to require the owner to permit Pennridge Airport, at its own expense, to install, operate and maintain the necessary markings and lights.
(6) 
Notwithstanding any other provision of law, either the Zoning Officer or the Zoning Hearing Board who may decide to grant a permit or variance under this chapter shall notify the Pennsylvania Department of Transportation of its decision. This notice shall be in writing, and shall be sent so as to reach the Department of Transportation at least 10 days before the date upon which the decision is to issue. Nothing in this subsection shall be construed as impairing the rights of any person to judicial review as provided under Article XIII, Amendments, of this chapter.