Permitted uses, special exceptions and conditional uses enumerated
in all nonresidential districts, and uses accessory thereto, are subject
to the following performance standards and procedures. If the Zoning
Officer or the Zoning Hearing Board has reasonable grounds for believing
that any other use will violate these performance standards, such
use, existing or proposed, shall also be subject to these performance
standards.
A.
Continued compliance. Continued compliance with performance standards
is required, and the enforcement of continued compliance with these
performance standards shall be enforced by the Zoning Officer.
B.
Determination of violation. The Zoning Officer shall investigate
any purported violation of performance standards and, if there is
reasonable ground for the same, shall notify the property owner of
the occurrence or existence of a probable violation thereof, as specified
herein.
C.
Termination of violation. All violations as ascertained in accordance
with this section shall be terminated within 30 days of the receipt
of notice from the Zoning Officer or within the time specified in
the enforcement notice.
A.
Definition of "elements." No land or building in any C-1, C-2, M-1
or MSCO District which shall be used or occupied for commercial or
manufacturing purposes shall be operated in such a manner so as to
create any dangerous, injurious, noxious or otherwise objectionable
fire, explosive or other hazard; noise or vibration, smoke, dust,
dirt or other form of air pollution; electrical or other disturbance;
glare or other substance, condition or element in such amount as to
adversely affect the surrounding area or premises (referred to herein
as "dangerous or objectionable elements"), provided that any use permitted
by this chapter may be undertaken and maintained in any C-1, C-2,
M-1 or MSCO District if it conforms to the regulations of this subsection
limiting dangerous and objectionable elements at the specified point
or points of the determination of their existence.[1]
B.
Locations where determinations are to be made for enforcement of
performance standards. The determination of the existence of any dangerous
or objectionable elements shall be made at:
(1)
The point or points where such elements shall be most apparent
for fire and explosion hazards, for radioactivity and electrical disturbances,
for smoke and other forms of air pollution; and
(2)
The property lines of the use creating such elements for noise,
for vibration, for glare and for odors.
A.
Fire and explosion hazards. In all activities involving, and all
storage of, inflammable and explosive materials, the owner or operator
of such use shall provide adequate safety devices against the hazard
of fire and explosion and adequate firefighting and fire-suppression
equipment and devices standard in this industry. Burning of waste
materials in open fires is prohibited. The relevant provisions of
state and local laws and regulations shall also apply.
B.
Radioactivity or electrical disturbance. No activities shall be permitted
which emit dangerous radioactivity or electrical disturbance adversely
affecting the operation of any equipment other than that of the creator
of such disturbance.
C.
Noise.
(1)
At the points of measurement specified herein, the maximum sound-pressure
level radiated in each standard octave band by any use or facility
(other than transportation facilities or temporary construction work)
shall not exceed the values for octave bands lying within the several
frequency limits given in Table III after applying the corrections
shown in Table IV. The sound-pressure level shall be measured with
a sound-level meter and associated octave band analyzer conforming
to standards prescribed by the American Standards Association. (American
Standard Sound Level Meters for Measurement of Noise and Other Sounds,
224.3-1944, American Standards Association, Inc., New York, NY, and
American Standards Specification for an Octave-Band Filter Set for
the Analysis of Noise and Other Sounds, 224.10-1953, or latest approved
revision thereof, American Standards Association, Inc., New York,
NY, shall be used.)
|
Table III
| ||
|---|---|---|
|
Frequency Ranges Containing Standard Octave Bands in Cycles
Per Second
|
Octave Band Sound-Pressure Level in Decibels re 0.0002
Dyne/cm2
| |
|
20 to 300
|
60
| |
|
300 to 2,400
|
40
| |
|
Above 2,400
|
30
| |
(2)
If the noise is not smooth and continuous and is not radiated
between the hours of 10:00 p.m. and 7:00 a.m., one or more of the
corrections in Table IV shall be applied to the octave band levels
given in Table III.[1]
|
Table IV
| |||
|---|---|---|---|
|
Type or Location of Operation or Character of Noise
|
Correction in Decibels
| ||
|
Daytime operation only
|
5
| ||
|
Noise source operates less than:
|
5
| ||
|
20% of any one-hour period
|
5
| ||
|
5% of any one-hour period
|
10
| ||
|
Noise of impulsive character, hammering, etc.
|
-5
| ||
|
Noise of periodic character, hum, screech, etc.
|
-5
| ||
|
Property is located in any C, M or MSCO District and is not
within 500 feet, measured horizontally or vertically, of any R District
|
5 (C and MSCO Districts); 10 (M District)
| ||
D.
Vibrations. No use shall cause earth vibrations or concussions detectable
beyond its lot lines without the aid of instruments, with the exception
of vibration produced as a result of temporary construction activity.
E.
Glare. No direct or sky-reflected glare, whether from floodlights
or from high-temperature processes such as combustion or welding or
otherwise, visible at the points of measurement specified herein is
permitted. This restriction shall not apply to signs otherwise permitted
by the provisions of this chapter.
F.
Smoke. No emission of visible gray smoke of a shade equal to or darker
than No. 2 of the Power's Micro-Ringelmann Chart, published by
McGraw-Hill Publishing Company, Inc., and copyrighted in 1954 (being
a direct facsimile reduction of a standard Ringelmann Chart as issued
by the United States Bureau of Mines), shall be permitted from any
chimney, fume vent or similar device, except that visible gray smoke
of a shade equal to No. 3 on said chart may be emitted for four minutes
in any thirty-minute period.
G.
Odors. No emission shall be permitted of odorous gases or other odorous
matter in such quantities as to be readily detectable at the property
line of the lot from which they are emitted without instruments.
H.
Other forms of air pollution. No emission of fly ash, dust, fumes,
vapors, gases and other forms of air pollution shall be permitted
which can cause any damage to health, to animals, vegetation or other
forms of property, or which can cause any excessive soiling to animals,
vegetation or other property.
A.
Environmental performance standards. The developer shall determine
the presence of environmental or natural features on any site proposed
for land development and shall meet the following standards for environmental
protection. Site alterations, regrading, or filling prior to approval
of the plans for development shall be a violation of this article.
(1)
Floodplain delineation. One-hundred-year floodplains shall be
delineated by accepted analytical procedures approved by the Borough
Engineer.
(2)
Floodplain development. Development activities shall be regulated as per the provisions of current floodplain regulations, as amended from time to time, and applicable commonwealth regulations, specifically Chapter 105, Title 25, of the Pennsylvania Code.
(3)
Steep slopes. In areas of steep slopes, i.e., those above 15%,
the following standards shall apply:
(4)
Forest. No more than 50% of any forest as defined may be cleared
or developed.
(5)
Ponds, watercourses or wetlands. No development, filling, piping
or diverting shall be permitted except for required roads and utility
line extensions, unless permitted by the appropriate state, county
or regulatory agency.
(6)
Stormwater drainage and management. All plans shall comply with
the provisions of state and local regulations in effect at the time
of final approval.
(7)
Soil erosion and sedimentation. With any earth disturbance there
shall be control of erosion and the protection of streams and ponds
from sedimentation in accordance with the "Clean Streams Law, P.L.
1987,"[1] Chapter 102 of Title 25 of the Pennsylvania Code, and
the "Soil Erosion and Sedimentation Control Manual" of the Pennsylvania
Department of Environmental Protection. In addition, a soil erosion
and sediment control plan (ES & SC plan) shall be required as
part of the application for any Borough permit where earth disturbance
or excavation will occur. As a minimum where sediment can be transported
away from the disturbed area, a silt fence or straw bale barrier shall
be erected and maintained in working order until vegetation is fully
established or erosion-resistant ground cover has been installed.
Additional sediment pollution control measures may be required where
land development is more extensive than single-family construction.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
B.
Storage and waste disposal. No highly flammable, explosive or toxic
liquids, solids or gases shall be stored in bulk (over 500 gallons)
above ground except tanks or drums of fuel connected directly with
energy devices or heating appliances located and operated on the same
lot as the tanks or drums of fuel.
(1)
All permanent bulk outdoor storage facilities for fuel over
500 gallons, raw materials and products and all fuel, raw materials
and products stored outdoors, shall be enclosed by an approved safety
fence.
(2)
No materials or wastes shall be deposited upon a lot in such
form or manner that they may be transported off the lot by natural
causes or forces, nor shall any substance which can contaminate wells,
watercourses, or potable water supplies otherwise render such wells,
watercourses, or potable water supplies undesirable as sources of
water supply or recreation, nor shall any substance which will destroy
aquatic life be allowed to enter any wells, watercourses, or potable
water supplies. A Pennsylvania Department of Environmental Protection
approved plan for spill containment shall be submitted to the Borough
for review by the Borough Engineer prior to the issuance of any required
permit.
(3)
Any materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers adequate to eliminate such hazards.
(4)
Discharge. No discharge at any point into any private sewage
disposal system or stream or into the ground of any materials in such
a way or in such nature or temperature as can contaminate any water
supply or otherwise cause the emission of dangerous or objectionable
elements or the accumulation of solid wastes conducive to the breeding
of rodents or insects is permitted.
(5)
Maintenance of property. The owner or lessee of the property,
except land being actively farmed, whether occupied or vacant, located
within or adjacent to any developed area, shall maintain such premises
so that all portions of the property shall be kept free of junk, debris,
disabled motor vehicles, and dangerous, objectionable or noxious matter.
(6)
Vehicle and equipment maintenance.
(a)
In the M-1 Light Manufacturing, C-1 and C-2 Commercial Zoning
Districts, all movable equipment repair done on the property shall
be performed within an enclosed building, except that minor maintenance
activities may be completed on the exterior of a lot where space has
been provided for the temporary parking or storage of vehicles and
movable equipment.
(b)
In residentially zoned areas, minor vehicle maintenance activities
may be conducted in driveways, but in no case shall repairs be made
on vehicles and movable equipment which would result in the permanent
storage of said vehicles or movable equipment on the exterior of the
lot.
