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
| |
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.
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.
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.
AIRPORT
AIRPORT ELEVATION
AIRPORT HAZARD
AIRPORT HAZARD AREA
APPROACH SURFACE
APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES
CONICAL SURFACE
HAZARD TO AIR NAVIGATION
HEIGHT
HORIZONTAL SURFACE
LARGER THAN UTILITY RUNWAY
NONPRECISION INSTRUMENT RUNWAY
OBSTRUCTION
PRIMARY SURFACE
RUNWAY
STRUCTURE
TRANSITIONAL SURFACES
TREE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Pennridge Airport.
The highest point of the airport's usable landing area, measured
in feet from sea level, which is 568 feet above mean sea level.
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.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided in this chapter.
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.
These zones as set forth in Subsection C.
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.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
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.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the horizontal zone.
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.
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.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in Subsection D.
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.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
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.
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.
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.
(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.
