[Amended 7-26-2011 by Ord. No. 538]
A.
The following
legislative intent shall be established for the provision of billboards
within the I Industrial District:
(1)
The
regulations herein are designed to prevent the over concentration,
improper placement, and excessive height, bulk, number and area of
billboards. It is recognized that, unlike on-premises signs which
are actually a part of a business, billboards are a separate and distinct
use of the public thoroughfare.
(2)
It
is intended that billboards be regulated to protect the character
of the area in which billboards are located and to conserve property
values in the area.
(3)
The
Board of Supervisors of East Norriton Township hereby finds that billboards
may be allowed in limited areas, but that a proliferation of such
use endangers the Township relative to public safety and its neighborhoods
of visual blight. Billboards, with their potential periodically changing
content, present special aesthetic and traffic safety problems to
the traveling public.
B.
In an
I Industrial District, the following regulations shall apply.
A building may be erected, altered or used and
a lot or premises may be used for any of the following purposes and
no other:
A.
Heavy commercial uses as follows:
[Amended 2-25-2014 by Ord. No. 550; 10-27-2015 by Ord. No. 566]
(1)
Wholesale business establishments.
(2)
Distribution stations; express, carting or hauling stations; and
package delivery services.
(3)
Repair and maintenance of office equipment, computers, electronic
products and household items.
(4)
Monument yards.
(5)
Printing, publishing, lithographic and similar establishments.
(6)
Storage or warehouses and packing and crating.
(8)
General services, including plumbing or other building supplies,
provided that such storage of product or merchandise shall be within
a fully enclosed building, and further excluding interior or exterior
storage and sale of coal, petroleum distillates or highly flammable
materials of any kind.
(9)
Laboratories for scientific, medical, agricultural or light industrial
research and development, training or product development, and manufacturing,
after review and approval from the Board of Supervisors.
(10)
Communications stations, studios, transmitting facilities and
antennas/towers.
(11)
Yards for storage, sale and distribution of ice, coal, fuel
oil or building materials, but not including junkyards, salvage, automobile
or other wrecking yards.
(12)
Metalworking, extrusion of small metals, welding, plating, laundering,
cleaning and dyeing, excluding bleaching, when proposed as a principal
use in a building or on a lot.
(13)
Public and private utility facility.
(14)
Art studios that incorporate production, display, and sales.
(15)
Municipal uses and police stations.
(16)
Fire stations and ambulance stations that are occupied by a
provider designated by the East Norriton Township Board of Supervisors
to provide fire or ambulance service to East Norriton Township.
(17)
Community centers, indoor and outdoor recreational facilities.
B.
The following uses when authorized as special exceptions:
[Amended 2-25-2014 by Ord. No. 550; 10-27-2015 by Ord. No. 566]
C.
Manufacturing or processing as follows:
[Amended 10-27-2015 by Ord. No. 566]
|
Art needlework
| |
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Assembly of computer products, components and electrical equipment,
| |
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Bottling establishments
| |
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Carpet and rug cleaning
| |
|
Combining or processing of food products, excluding meat and
fish
| |
|
Creameries
| |
|
Manufacture of beverages (nonalcoholic), ceramic products, clothing,
cosmetics, electrical appliances, electrical supplies, ice cream,
silverware, tobacco products, tools and hardware, toys and umbrellas
| |
|
Manufacture of jewelry, watches, clocks, optical goods, musical,
professional and scientific instruments
| |
|
Manufacture and assemblage of products from the following prepared
materials: bone, canvas, cork, feathers, felt, fur, glass, hair, horn,
leather, paper, plastics, shells, small rubber products and synthetic
treated fabrics (excluding all rubber and synthetic processing and
wood processing)
| |
|
Metal finishing, plating, grinding, sharpening, polishing, cleaning,
rustproofing and heat treatment
| |
|
Mirror silvering and glass cutting
| |
|
Products from previously prepared paper, rubber and plastic
products
| |
|
Textile manufacture or processing, excluding bleaching
| |
|
Tool, dye and patternmaking and other similar machine shops
| |
|
Upholstering, bulk
| |
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Medical and dental equipment
| |
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Microbreweries
| |
|
Pharmaceutical goods
| |
|
Photographic reproduction and films
| |
|
Studios for the production, display, and sale of art
|
D.
The following uses, notwithstanding production operated as artisanal
manufacturing, shall not be permitted:
[Amended 7-26-2011 by Ord. No. 538; 10-27-2015 by Ord. No. 566]
|
Abattoirs and meat-processing plants
| |
|
Acetylene gas manufacture
| |
|
Acid manufacture
| |
|
Ammonia bleaching powder or chlorine manufacture
| |
|
Arsenal
| |
|
Asphalt manufacture or refining
| |
|
Auto dismantling or junk establishments
| |
|
Brewery
| |
|
Candle manufacture
| |
|
Celluloid manufacture
| |
|
Coke ovens
| |
|
Creosote treatment or manufacture
| |
|
Dead animal and offal reduction
| |
|
Disinfectants manufacture
| |
|
Distillation of bones, coal or wood
| |
|
Dyestuff manufacture
| |
|
Emery cloth and sandpaper manufacture
| |
|
Extermination and insect poison, fungicide and herbicide manufacture
| |
|
Fat rendering
| |
|
Fertilizer manufacture
| |
|
Fireworks or explosive manufacture or storage
| |
|
Fish smoking and curing
| |
|
Forging
| |
|
Glue, size or gelatin manufacture
| |
|
Lampblack manufacture
| |
|
Manufacture or storage of illuminating gas
| |
|
Match manufacture
| |
|
Oilcloth or linoleum manufacture
| |
|
Oiled or rubber goods manufacture
| |
|
Ore reduction
| |
|
Paint, oil, shellac, turpentine or varnish manufacture
| |
|
Petroleum refining or storage, except when an accessory use
to a permitted industrial use
| |
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Potash works
| |
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Printing ink manufacture
| |
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Pyroxylin manufacture
| |
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Quarrying
| |
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Ready-mixed concrete or cement works
| |
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Rolling mill
| |
|
Rubber caoutchouc or gutta-percha manufacture or treatment
| |
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Saltworks
| |
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Sauerkraut manufacture
| |
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Shoe-blackening manufacture
| |
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Smelters and metal casting
| |
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Soap manufacture
| |
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Soda and compound manufacture
| |
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Solid waste transfer station
| |
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Solvent manufacture or processing
| |
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Stockyards
| |
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Stove polish manufacture
| |
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Sulphuric, nitric or hydrochloric acid manufacture
| |
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Tallow, grease or lard manufacture or refining
| |
|
Tanning, curing or storage of leather, rawhide or skins
| |
|
Tar distillation or manufacture
| |
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Tar roofing or waterproofing manufacture
| |
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Vinegar manufacture
| |
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Wool pulling or scouring
| |
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Yeast plant
| |
|
Any use similar or related to the above nonpermitted uses
|
E.
Any uses of the same general character as any of the
above permitted uses when authorized as special exceptions by the
Zoning Hearing Board, provided that such uses shall not create any
danger to health or safety in the surrounding area or any amount of
offensive noise, vibration, smoke, dust, odor, heat, illumination
or other objectionable influences.
G.
The above uses are permitted only when meeting the
following conditions:
(1)
No kiln is fired except by oil, gas or electricity,
and no individual kiln capacity exceeds 200 cubic feet.
(2)
No blast or reverberatory furnaces or foundries are
used.
(3)
No punch or stamping presses are used until the type,
size or use is first approved, authorized and permitted as a special
exception by the Zoning Hearing Board.
(4)
No drop hammers are used and no blasting permitted.
I.
Solar
and wind-power energy devices shall be permitted in multiple numbers
as a principal use and shall comply with all applicable yards, setbacks,
and zoning standards that would apply to an industrial building.
[Added 1-3-2011 by Ord. No. 533]
J.
Billboards subject to the following specific standards and regulations:
[Added 7-26-2011 by Ord. No. 538]
(1)
In addition to uses permitted, billboards along with their required
support structures shall be permitted on properties having at least
one acre in size which shall provide frontage along West Germantown
Pike or Trooper Road and shall meet all of the following criteria.
Only freestanding billboard sign structures shall be permitted. Such
billboard structures shall be permitted to have one sign face visible
from any direction and in no event shall there be more than two sign
faces. No individual sign face shall exceed a maximum of 200 square
feet per face.
(2)
Height. The maximum overall height of a billboard sign structure
shall not exceed 25 feet measured from the elevation of the center
line of the grade of the road directly in front of the billboard sign
to the highest portion of the sign structure.
(3)
Yard setbacks.
(a)
No billboard sign structure or any part thereof shall be erected
or maintained within 25 feet of any ultimate right-of-way of a public
street or road or the side or rear lot line of an individual property.
(b)
No billboard sign structure or any part thereof shall be erected
or maintained within 200 feet of the perimeter of an AR, BR, BR-1,
or CR Residential District.
(4)
No billboard sign structure shall be erected or maintained within
500 feet of any other billboard sign structure.
(5)
The image, copy, or message of a billboard shall not change more
frequently than once per 30 seconds. The change of an image, message,
copy, color or brilliance of a billboard shall be instantaneous. All
changeable copy on a billboard shall change uniformly and completely.
Once changed, the copy of any part of the billboard shall not change
again in less than 30 seconds.
(a)
No image shall be transferred by any means beyond the perimeter
of the billboard sign face.
(b)
Billboards having internal illuminance shall have a pixel pitch
or equivalent resolution of not greater than 12 millimeters. The light
source shall be equipped to automatically adjust brilliance levels
based on ambient light conditions. White or light color backgrounds
shall not exceed 50% of the surface area of the sign face of the billboard.
(c)
No sign image shall be interactive, display interactive messages
or three-dimensional images; nor shall any sign or any part of a billboard
structure produce sound of any kind.
(d)
No billboard sign shall flash, scroll, fade, revolve, move,
have intermittent lighting or movable characters or animated parts.
(e)
Billboards having floodlighting shall be so shielded that the
source of the light shall not be visible from any point off the lot
on which the sign is erected and so that only the sign is directly
illuminated thereby.
(6)
Maintenance. Every billboard sign and support structure shall be
constructed of durable materials and kept in good condition and repaired
at all times.
[Amended 1-3-2011 by Ord. No. 533]
A.
This section shall be known and may be cited as the "East Norriton
Township Ordinance for Licensing and Regulation of Construction/Demolition
Waste Landfills."
B.
Definitions and word usage.
(1)
ACT
BOARD
CONSTRUCTION/DEMOLITION WASTE
CONSTRUCTION/DEMOLITION WASTE LANDFILL
DEPARTMENT
LICENSEE
PERMITTEE
PERSON
TOWNSHIP
TOWNSHIP ADMINISTRATION
Unless otherwise expressly stated, the following words and phrases
in this section, whether capitalized or in lowercase letters, shall
have the following meanings.
The Act of July 7, 1980 (P.L. 380, No. 97),[1] known as the "Solid Waste Management Act."
The Board of Supervisors of East Norriton Township.
Solid waste resulting from the construction or demolition
of buildings and other structures, including, but not limited to,
wood, plaster, metals, asphaltic substances, bricks, block and unsegregated
concrete. The term also includes dredging waste. The term does not
include the following if they are separate from other waste and are
used as clean fill:
A facility using land exclusively for the disposal of construction/demolition
waste. The term includes land affected during the lifetime of the
operations, including, but not limited to, areas where disposal activities
actually occur, support facilities, borrow areas, offices, equipment
sheds, air and water pollution control and treatment systems, access
roads, associated on-site or contiguous collection, transportation
and storage facilities, closure and postclosure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to the operation of
the facility. This term is also referred to as "landfill" in this
section.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania and its authorized representatives.
A person who possesses a permit from the Department and a
license from East Norriton Township to construct and/or operate a
construction/demolition waste landfill.
A person who possesses a permit to dispose of construction/demolition
waste into the earth pursuant to the Act.
Includes an individual, a corporation, a partnership or other
legal entity, and any unincorporated association, and shall include
both singular and plural.
The Township of East Norriton, Montgomery County, Pennsylvania.
The Board of Supervisors, Township Manager, Secretary/Treasurer,
Engineer, Solicitor, Zoning Officer, Permit Officer or any other person
designated by the Board of Supervisors to administer, police, enforce
and prosecute any violation of this or any ordinance of the Township.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(2)
In this section, the singular shall include the plural, and
the masculine shall include the feminine and neuter.
C.
License required.
(1)
No person shall maintain or continue to maintain, whether for
commercial purposes or otherwise, any place within the Township for
disposing construction/demolition waste unless such place is licensed
by the Board as a construction/demolition waste landfill. Licensing
shall be completed only after a permit to operate a construction/demolition
waste landfill has been issued by the Department pursuant to the Act
and an application for a license is submitted to and approved by the
Board. An application for such license shall contain the following
information:
(a)
The name and address of the applicant.
(b)
A plan drawn to scale indicating by metes and bounds the land
upon which the construction/demolition waste landfill is to be maintained
and the permit for the operation of the construction/demolition waste
landfill issued by the Department.
(c)
A list of equipment available for use in maintaining the landfill
site.
(d)
The name and address of each individual, directly responsible
to the licensee, who shall be present at and in charge of the landfill
site at all times during operation of the landfill.
(e)
Certificate of insurance, including liability for pollution,
together with a copy of insurance policy satisfactory to the Board.
(2)
All applications shall be reviewed by the Board or its designee
for completeness within 60 days of receipt of such application. All
applications shall be acted upon by the Board within 90 days after
an application is deemed complete. No license shall be effective until
approved by the Board at a regular meeting.
D.
Escrow.
[Amended 10-27-2015 by Ord. No. 566]
(1)
No license shall be issued, or effective, unless there is on
file with the Township financial security in a form and amount acceptable
to the Township to assure:
(a)
That the licensee, licensee's agents and servants shall comply
with all the terms, conditions, provisions, requirements and specifications
contained in this section.
(b)
That the licensee, licensee's agents and servants shall hold
harmless the Township from any expense incurred through the failure
of the licensee, licensee's agents and servants to operate and maintain
the construction/demolition waste landfill as required by this section,
including any expense the Township may be put to for correcting any
condition or violation of this section by the Township's own labor
and equipment, whenever the Township administration determines it
is necessary for the Township to correct any condition in violation
of this section or from any damages growing out of the negligence
of the licensee, a permittee or their respective agents or servants.
(2)
Before acceptance, all financial security shall be approved
by the Township. If a cash escrow is offered, it shall be deposited
with the Township, which shall give an official receipt therefor,
reciting that said cash has been deposited in compliance with and
subject to the provisions of this section.
E.
Term of license. A license issued for a construction/demolition waste
landfill hereunder shall be valid for the calendar year for which
it is issued and upon application may be renewed on a year-to-year
basis thereafter.
F.
Revocation and refusal. The Board may revoke or refuse any license
previously issued for the operation of a construction/demolition waste
landfill if the Board finds, after reasonable investigation, that
the landfill has been operated in violation of the regulations set
forth in this section, or any other section of the Township, or any
pertinent laws or regulations of the Commonwealth of Pennsylvania
or of the United States of America.
G.
License fee. The license fee for the operation of a construction/demolition
waste landfill shall be established by resolution of the Board, which
resolution shall set forth such fee for each calendar year or for
each month or portion thereof in the case of a licensee for less than
a calendar year, payable in full at the time of application.
H.
Regulations. All operation and maintenance of any construction/demolition
waste landfill shall comply with the following rules and regulations:
(1)
Any person may submit an application for a permit to operate
a construction/demolition waste landfill in two phases, known as "Phase
I" and "Phase II," in accordance with the provisions of 25 Pa. Code
§ 277.101. Such applications must be submitted to the Department
in accordance with the applicable regulations under the Act.
(2)
All Phase I applications shall conform to the requirements of
25 Pa. Code §§ 277.111 through 277.120.
(3)
All Phase II applications must conform to the following requirements:
(a)
General Provisions: 25 Pa. Code §§ 277.131 through
277-138.
(b)
Cover and Revegetation: 25 Pa. Code §§ 277.141
and 277.142.
(c)
Water Quality Protection and Monitoring: 25 Pa. Code §§ 277.151
and 277.152.
(d)
Liners and Leachate Management: 25 Pa. Code §§ 277.161
through 277.164.
(e)
Gas Management: 25 Pa. Code § 277.171.
(f)
Emergency Planning: 25 Pa. Code § 277.181.
(g)
Closure Provisions: 25 Pa. Code §§ 277.191 and
277.192.
(4)
All construction/demolition waste landfills shall conform to
the following operating requirements:
(a)
General Provisions: 25 Pa. Code §§ 277.201 through
277.203.
(b)
Daily Operations: 25 Pa. Code §§ 277.211 through
277.220.
(c)
Cover and Revegetation: 25 Pa. Code §§ 277.231
through 277.235.
(d)
Water Quality Protection: 25 Pa. Code §§ 277.241
through 277.246.
(e)
Liner System: 25 Pa. Code §§ 277.251 through
277.260.
(f)
Leachate Treatment: 25 Pa. Code §§ 277.271 through
277.277.
(g)
Water Quality Monitoring: 25 Pa. Code §§ 277.281
through 277.288.
(h)
Minerals and Gas: 25 Pa. Code §§ 277.291 and
277.292.
(i)
Emergency Procedures: 25 Pa. Code §§ 277.301
through 277.303.
(j)
Recordkeeping and Reporting: 25 Pa. Code §§ 277.311
and 277.312.
(k)
Closure Provisions: 25 Pa. Code §§ 277.321 and
277.322.
(5)
The provisions set forth above regarding applications and operating
requirements shall be in addition to any applicable requirements set
forth in 25 Pa. Code Chapter 271 relating to municipal waste management
insofar as they relate to the operation of a construction/demolition
waste landfill.
(6)
The Township reserves the right to impose more stringent requirements
than those placed upon a person under any applicable provision or
regulation set forth above.
(7)
The licensee shall only accept construction/demolition waste
that has first been processed at a transfer station permitted by the
Department to process such waste.
(8)
To the extent not provided for in the regulations under the
Act, all persons licensed to operate a construction/demolition waste
landfill shall also comply with the following:
(a)
The licensee shall comply with all pertinent laws and regulations
of the Commonwealth of Pennsylvania and of the United States of America
or any department, agency or authority thereof.
(b)
The licensee shall comply with all applicable requirements of
any Township zoning, subdivision or land development ordinance.
(c)
The licensee shall name the Township as an additional beneficiary
on any financial assurance instrument required to be submitted to
the Department.
[Amended 10-27-2015 by Ord. No. 566]
(d)
An attendant, who shall be a competent adult individual directly
responsible to the licensee, shall be present at and in charge of
the landfill at all times during operation.
(e)
A daily register shall be kept containing the full name and
address of each person bringing construction/demolition waste to the
landfill, containing the license number of any vehicle involved, specifying
the type and quantity of construction/demolition waste, place of origin
of such waste and the weight of each individual load of waste.
(f)
The daily register required in Subsection H(8)(e) above shall be open to inspection by the Board or its duly authorized representative at all times during business hours.
(g)
The Township administration shall have the right to enter the
landfill during hours of normal operation to determine whether the
licensee is complying with all requirements of this section. Any unreasonable
delay in allowing access to the landfill shall constitute a violation
of this section.
(h)
Except in the case of any emergency because of adverse weather
conditions, in which case reasonable notice shall be given to the
Township, the hours of operation of the landfill shall be restricted
to 7:00 a.m. until 5:00 p.m. Monday through Friday, except that there
shall be no operation of the landfill on officially recognized federal
or state holidays.
(i)
The property on which the landfill is located shall be enclosed by fencing and vegetation screening as provided by Chapter 175, Subdivision and Land Development (regardless of whether or not subdivision or land development review is required), and closed by a locked gate at each entrance and exit when the landfill is not open or in operation.
(j)
There shall be no fires or burning of any waste at the landfill
site.
(k)
There shall be no uncovered material at the landfill site at
the close of each working day.
(l)
The licensee shall provide to the Board the results of any and
all tests which are conducted voluntarily or required by the Department
and/or the United States Environmental Protection Agency.
(m)
The licensee shall remove and clean any material spilled upon
any public or private road or property within the Township from any
vehicle carrying material to the landfill within 24 hours and shall
have equipment and personnel available at all times for such cleaning
and removal. The Township specifically reserves the right to remove
and clean any such material at any time, including within the twenty-four-hour
time period. If the Township takes any such action under this subsection,
the licensee shall be fully responsible for all charges incurred by
the Township.
(n)
The licensee shall prevent any material disposed, stored or
treated at its landfill from blowing, leaking, seeping or otherwise
escaping the construction/demolition waste landfill onto any other
public or private property in the Township. In the event of a violation
of this regulation, and in addition to the other penalties provided
herein, the licensee shall remove and/or clean any such material within
24 hours unless prevented from doing so in an emergency caused by
adverse weather conditions. If such adverse weather conditions exist,
the licensee shall remove and/or clean such material as soon as conditions
permit.
(o)
All vehicles transporting construction/demolition waste to a
construction/demolition waste landfill within the Township shall utilize
only such public roads or streets as shall be designated by the Board.
(p)
All vehicles must have valid permits issued by the Township
to gain entrance into the landfill. The form of such permits shall
be subject to the approval of the Township Manager and shall be issued
on a calendar-year basis. Such permits shall be issued for $50 and
shall fully identify the vehicle and its operator or operators. All
vehicles and vehicle operators shall conform to all Department requirements
applicable to the transport of construction/demolition waste.
(q)
All vehicles entering the landfill shall check in with the attendant,
present a valid permit and notify the attendant of the type, quantity
and source of the material being disposed of at the landfill.
(r)
Traffic within the landfill shall be restricted to roads established
for the landfill operation only, and such roads shall be paved in
such a manner to prevent any dust, dirt or other material caused by
such traffic from blowing or migrating onto any other public or private
property in the Township.
(s)
Removal of material from the landfill is prohibited.
(t)
Persons under 18 years of age must remain in vehicles on landfill
property.
(u)
Bare feet are not allowed on landfill property.
(v)
The speed limit on landfill roads is 10 miles per hour.
(w)
Signs must be posted in conspicuous locations around the landfill,
including the landfill entrance, which shall state, at a minimum,
the hours of operation and the permitted uses of the landfill.
(x)
The licensee shall install and maintain any signs or warning
signs deemed necessary by the Township in connection with the operation
of the landfill.
I.
Hazardous substances; hazardous waste. No person shall dispose of
any hazardous substance or hazardous waste or any material containing
any hazardous substance or hazardous waste in any construction/demolition
waste landfill in the Township. The terms "hazardous substance" and
"hazardous waste" as used in this section shall be interpreted in
accordance with their definitions in 42 U.S.C. § 6901 et
seq. and 42 U.S.C. § 9601 et seq.
J.
Fees. A written schedule of fees, including, but not limited to,
host and license fees imposed by the Township for use of the landfill
shall be established by resolution of the Board. No person shall use
the landfill without paying all applicable fees.
K.
Removal. Any person violating this section or the directions of the
licensee's attendant shall, in addition to all other applicable penalties,
remove all unacceptable material or pay the Township the cost of such
removal.
L.
Dumping refuse, garbage or other material.
(1)
It shall be unlawful to dump or dispose of any waste material
other than construction/demolition waste into any landfill in the
Township. Notwithstanding this provision or any other provision in
this section, nothing shall preclude a construction/demolition landfill
from accepting the following, if they are separate from other waste
and are used as clean fill, so long as the acceptance of such material
does not conflict with any regulation of the Department:
(2)
All provisions of this section governing construction/demolition
waste shall also be fully applicable to the foregoing material.
M.
Enforcement. The Township administration shall be charged with the
enforcement of this section and shall make any inspection necessary
to that end.
N.
Violations and penalties. Any person who violates any of the provisions
of this section shall, upon conviction thereof, in addition to any
other charges or penalties imposed by this section, pay a fine of
not more than $1,000, in addition to any other costs allowed by law.
A separate and distinct offense shall be deemed to have been committed
for each day such violation exists. Nothing shall preclude the Township
from imposing any other penalty for any violation if authorized by
federal or state law.
[Added 1-3-2011 by Ord. No. 533]
B.
In addition to complying with the procedures set forth in § 205-137.1, any person seeking to operate a construction/demolition waste landfill pursuant to § 205.72.1 shall also demonstrate compliance with each of the following requirements by a fair preponderance of credible evidence as part of its request for conditional use:
(1)
Floodplain. The construction/demolition waste landfill will
not be located in the one-hundred-year floodplain of waters of this
commonwealth.
(2)
Wetland.
(a)
The construction/demolition waste landfill will not be located
in or within 300 feet of an exceptional value wetland, as defined
in 25 Pa. Code § 105.17 (relating to wetlands).
(b)
The construction/demolition waste landfill will not be located
in or within 100 feet of a wetland other than an exceptional value
wetland, unless storage, processing and disposal will not occur within
that distance and one of the following applies:
[1]
If the operation is in or along the wetland, the operator has received a permit from the Pennsylvania Department of Environmental Protection under 25 Pa. Code, Chapter 105 (relating to dam safety and waterway management).
[2]
If the operation is not in or along the wetland,
no adverse hydrologic or water quality impacts will result.
(3)
Valley, ravine or head of hollow. The construction/demolition
waste landfill will not be located in a valley, ravine or head of
hollow where the operation would result in the elimination, pollution
or destruction of a portion of a perennial stream.
(4)
Limestone or carbonate formation. The construction/demolition
waste landfill will not be located in areas underlain by limestone
or carbonate formations where the formations are greater than five
feet in thickness and present at the topmost geological unit. The
areas include an area mapped by the Pennsylvania Geological Survey
as underlain by these formations, unless competent geologic studies
demonstrate the absence of limestone and carbonate formations under
the site.
(5)
Occupied dwelling (existing facility). Except as provided in Subsection B(6) and (7), the construction/demolition waste landfill will not be located within 300 feet measured horizontally from an occupied dwelling, unless the current owner of the dwelling has provided a written waiver consenting to the facility being closer than 300 feet. Except as provided in Subsection B(6) and (7), the disposal area of the construction/demolition waste landfill will not be within 500 feet measured horizontally from an occupied dwelling, unless the current owner has provided a written waiver consenting to the disposal area being closer than 500 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.
(6)
Occupied dwelling (expansion). For a permitted construction/demolition
waste landfill that was operating and not closed as of December 23,
2000, an expansion permitted on or after December 23, 2000, may not
be operated within 900 feet measured horizontally from an occupied
dwelling, unless one or both of the following conditions are met:
(a)
The owner of the dwelling has provided a written waiver consenting
to the facility or disposal area being closer than 900 feet. A waiver
shall be knowingly made and separate from a lease or deed unless the
lease or deed contains an explicit waiver from the owner.
(b)
The applicant owned or entered into an enforceable option contract to purchase the land on which the expansion would operate on or before December 23, 2000, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued. Even if the requirement of this Subsection B(6)(b) is met, the expansion may not be operated within 300 feet measured horizontally from an occupied dwelling, and the disposal area may not be within 500 feet measured horizontally from an occupied dwelling.
(7)
Occupied dwelling (new landfill). A new construction/demolition waste landfill permitted on or after December 23, 2000, may not be located within 900 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the facility being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner. A closed landfill that submits an application to reopen and expand shall also be subject to this Subsection B(7).
(8)
Occupied dwelling (access road). Notwithstanding the prohibitions in Subsection B(6) and (7), an access road to a construction/demolition waste landfill may not be located within 300 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the access road being closer than 300 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(9)
Perennial stream. The construction/demolition waste landfill
will not be located within 100 feet of a perennial stream, unless
storage, processing and disposal will not occur within that distance
and no adverse hydrologic or water quality impacts will result.
(10)
Property line. The construction/demolition waste landfill will
not be located within 100 feet of a property line, unless one of the
following applies:
(a)
Actual disposal of waste will not occur within that distance.
(b)
The current owner has provided a written waiver consenting to
the facility being closer than 100 feet. The waiver shall be knowingly
made and separate from a lease or deed unless the lease or deed contains
an explicit waiver from the current owner.
(11)
Water source. The construction/demolition waste landfill will
not be located within 1/4 mile upgradient, and within 300 feet downgradient,
of a public or private water source for disposal, processing and storage
areas.
(12)
School, park or playground. For a construction/demolition waste
landfill permit issued on or after December 23, 2000, other than an
expansion of a construction/demolition waste landfill that was permitted
prior to December 23, 2000, a construction/demolition waste landfill
will not be located within 300 yards of:
(13)
Traffic impact study.
(a)
A traffic impact study shall be required for any proposed construction/demolition
waste landfill. Such study shall enable the Board to assess the likely
impact of the construction/demolition waste landfill in the various
components of the transportation system in the Township. The purpose
of said study shall be to identify any traffic problems which may
result from the construction/demolition waste landfill, and to determine
its impact on public transportation and pedestrian and nonvehicular
circulation in the area. The applicant shall retain a qualified professional
traffic engineer to prepare the traffic impact study.
(b)
The study area shall be the road network as defined by the traffic
engineer, which represents the area that is likely to be affected
(from a traffic impact standpoint) by the construction/demolition
waste landfill. Prior to identifying the study area, the traffic engineer
shall discuss possible study area boundaries with the applicant and
the Township. Specific intersections to be included in the study shall
be mutually agreed upon prior to initiating work.
(14)
Obstruction. For areas permitted on or after December 23, 2000,
a construction/demolition waste landfill will not be located in a
manner in which any portion of the landfill would be an obstruction
to air navigation under 14 CFR 77.23(a)(5) (relating to standards
for determining obstructions).
A.
No smoke shall be emitted from any chimney or other
source visible gray greater than No. 1 on the Ringelmann Chart as
published by the United States Bureau of Mines.
B.
Smoke of a shade not darker than No. 2 on the Ringelmann
Smoke Chart may be emitted for not more than four minutes in any 30
minutes.
C.
These provisions, applicable to visible gray smoke,
shall also apply to visible smoke of a different color but with an
equivalent apparent opacity.
A.
No emission shall be made which can cause any damage
to health, animals or vegetation or other form of property or which
can cause any excessive soiling at any point.
B.
No emission of liquid or solid particles from any
chimney or otherwise shall exceed 0.3 grain per cubic foot of the
covering gas at any point.
C.
For measurement of the amount of particles in gases
resulting from combustion, standard correction shall be applied to
a stack temperature of 500° F. and 50% excess air.
At no point on the boundary of a residential
or commercial district shall the sound-pressure level of any operation
exceed the described levels in the designated octave bands shown below
for the districts indicated.
|
Sound Levels
| ||
|---|---|---|
|
Octave Band
(cycles per second)
|
Along Residential District Boundaries
Maximum Permitted Sound Level
(decibels)
|
At any Other Point on the Lot Boundary
Maximum Permitted Sound Level
(decibels)
|
|
0 to 75
|
72
|
79
|
|
75 to 150
|
67
|
74
|
|
150 to 300
|
59
|
66
|
|
300 to 600
|
52
|
59
|
|
600 to 1,200
|
46
|
53
|
|
1,200 to 2,400
|
40
|
47
|
|
2,400 to 4,800
|
34
|
41
|
|
Above 4,800
|
32
|
39
|
There shall be no emission of odorous matter
in such quantities as to be offensive along a lot boundary line. Any
process which may involve the creation or emission of any odors shall
be provided with a secondary safeguard system so that control will
be maintained if the primary safeguard system should fail. There is
hereby established as a guide in determining such quantities of offensive
odors, Table III (Odor Thresholds) in Chapter 5 of the Air Pollution
Abatement Manual, copyright 1951, by the Manufacturing Chemists Association,
Inc., Washington D.C., or the latest revised edition thereof.
Any operation producing intense glare or heat
shall be performed within an enclosed building or behind a solid fence
in such manner as to be completely imperceptible from any point along
the lot lines.
No vibration which is discernible to the human
sense of feeling shall be perceptible without instruments at any point
on the lot line.
There shall be no activities which emit dangerous
radioactivity at any point. There shall be no electrical disturbance
(except from domestic household appliances) adversely affecting the
operation at any point or any equipment other than that of the creator
of such disturbance.
A.
No flammable or explosive liquids, solids or gases
shall be stored in bulk above the ground; provided, however, that
tanks or drums of fuel are excluded from this provision.
B.
All outdoor storage facilities for fuel, raw materials
and products stored outdoors shall be concealed from any adjacent
properties.
C.
No materials or wastes shall be deposited upon a lot
in such form or manner that may be transferred off the lot by natural
causes or forces.
D.
All materials or wastes which might cause fumes or
dust which constitute a fire hazard or which may be edible or otherwise
be attractive to rodents or insects shall be stored outdoors in closed
containers.
[1]
Editor's Note: Former §§ 205-81, Power service
lines, 205-82, Waste disposal, and 205-83, Water requirements, were
repealed 4-28-2009 by Ord. No. 515.
A.
Lot area. The lot area shall be a minimum of 80,000
square feet, and a lot width of not less than 200 feet at the building
line shall be provided for every building or other structure erected
or used for any use permitted in this district.
B.
Building area. No more than 40% of the lot area shall
be occupied by buildings.
C.
Front yard. The minimum required depth of the front
yard shall be 50 feet measured from the ultimate right-of-way line.
D.
Side yards. There shall be two side yards, each of
which shall not be less than 30 feet in width.
E.
Rear yard. The required minimum depth of the rear
yard shall not be less than 50 feet.
F.
In no case shall any building or structure erected
or used in an I Industrial District be located closer than 200 feet
to any residential or institutional zoning district, nor any parking
area be closer than 100 feet to any residential or institutional zoning
district.
G.
Height regulation. The maximum height of any building
or structure shall be 35 feet.
H.
Parking. All off-street parking and loading areas shall be provided for in accordance with Article XVIII of this chapter.
I.
Lighting. Lighting facilities shall be arranged in
a manner which will protect the highway and neighboring properties,
whether contiguous or not, from unreasonable direct glare or hazardous
interference of any kind.
A.
Restrictions.
(1)
No such adult uses shall be allowed within 1,000 feet
of another existing adult use.
(2)
No such adult use shall be located within 1,000 feet
of any zoning district which is zoned for residential use.
(3)
No such adult use shall be located within 1,000 feet
of a preexisting school or place of worship.
(4)
No such adult use shall be located in any zoning district
except an I Industrial zoned area.
B.
Exterior display. No adult use shall be conducted
in any manner that permits the observation of any material depicting,
describing or relating to specified sexual activities or specified
anatomical areas from any public way or from any property not registered
as an adult use. This provision shall apply to any display, decoration,
sign, show window or other opening.
C.
Any adult use permitted by special exception must
be contained in a freestanding building which has no other use than
those listed herein as adult bookstore, adult motion-picture theater,
adult entertainment cabaret and/or massage parlor.
