Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents

1264.01 Purpose.

[Ord. No. 321, passed 12-10-1998]
The purpose of this chapter is to ensure adequate protection for the residents of the Township against the possible negative effects of certain uses, processes or activities applicable to all districts but particularly to the LI Limited Industrial District.

1264.02 Administration.

[Ord. No. 321, passed 12-10-1998]
A. 
Interpretation and application of standards.
1. 
The performance standards contained herein shall be the minimum standards to be met and maintained by all uses established after the effective date of this Ordinance. Standards established by the Pennsylvania Department of Environmental Protection or the United States Environmental Protection Agency shall apply where those standards are more restrictive than the standards set forth below.
2. 
If any existing use or building or other structure is extended, enlarged or reconstructed, the performance standards herein shall only apply to such extended, enlarged or reconstructed portion or
B. 
Application submittal (industrial uses).
1. 
Applications for industrial uses shall be accompanied by a certification from a professional engineer registered in the Commonwealth of Pennsylvania that the proposed use can meet the performance standards set forth in this Ordinance. All applications shall include, but shall not be limited to, the following informational items:
a. 
Plans of existing or proposed construction and development;
b. 
A description of existing or proposed machinery, processes and products;
c. 
Specifications for the mechanisms and techniques used or proposed to be used in restricting possible dangerous or objectionable conditions as set forth in this Ordinance; and
d. 
Measurement or estimate of the amount or rate of emission of any dangerous or objectionable elements as set forth in this Ordinance.
C. 
Application review (industrial uses). All applications for industrial use shall be reviewed by the Township Engineer for compliance with these performance standards. No application for industrial use shall be approved until it is certified in writing by the Township Engineer that the proposed use can meet these performance standards.
D. 
Enforcement and costs.
1. 
The Zoning Officer shall investigate any purported violation of the performance standards noted below. Enforcement procedures shall be in accordance with Chapter 1250, General Provisions and Administration.
2. 
If violations, as alleged, are found, costs of such determinations shall be charged against those responsible for the violations, in addition to such other penalties as may be appropriate. If, however, it is determined that no violation exists, the costs of the determination shall be paid by the Township.

1264.03 Performance standards.

[Ord. No. 321, passed 12-10-1998]
A. 
Air quality. There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants), and Chapter 131 (Ambient Air Quality Standards), Article III, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations.
B. 
Fire and explosive hazard. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire fighting and fire suppression equipment, and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania. All buildings and structures and activities within such buildings and structure shall conform to the Building and Housing Code, the Fire Prevention Code, and other applicable Township ordinances. Any explosive material shall conform to the requirements of Chapter 211, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations, for storing, handling and use of explosives.
C. 
Glare and heat. No direct or sky-reflected glare, whether from floodlights or high temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line shall be permitted. These regulations shall not apply to signs or floodlighting of parking areas otherwise permitted by this Ordinance. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line. In addition, all outdoor light fixtures shall be fully shielded to prevent spillover lighting. A fully shielded light fixture is one used in such a way that it allows no direct or internally reflected light to shine above the light fixture. A fully shielded fixture must be a full cutoff luminaire or a decorative luminaire with full cutoff optics. The term "full cutoff' means an outdoor fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane.
D. 
Liquid and solid waste. There shall be no discharge at any point into any public or private sewerage system, or watercourses or into the ground of any materials in such a way or such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of Upper Providence Township and the Commonwealth of Pennsylvania, and specifically of Chapters 73, 75, 95 and 97, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations.
E. 
Noise. No person shall operate, or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any 15 second interval) in such a manner as to create a sound level which exceeds the limits set forth in the following table when measured at or within the property boundary of the receiving land use.
Receiving Land Category
Hours/Days
Maximum Sound Level
(dBA)
Residential, Agricultural, Institutional, or Outdoor Recreational
1)
7:00 a.m. - 10:00 p.m.
60
2)
10:00 p.m. - 7:00 a.m. plus
Sundays and legal holidays
50
Commercial, Office, or Indoor Recreational
1)
7:00 a.m. - 10:00 p.m.
65
2)
10:00 p.m. - 7:00 a.m. plus
Sundays and Legal holidays
60
Industrial
At all times
70
*
The following table provides examples of typical sound levels:
Decibels
120
Threshold of feeling
Thunder, artillery
Deafening
110
Nearby riveter
Elevated train
100
Boiler factory
Loud street noise
Very loud
90
Noisy factory
Truck unmuffled
80
Police whistls
Noisy office
Loud
70
Average street noise
Average radio
60
Average factory
Moderate
Noisy home
50
Average office
Average conversation
40
Quiet radio
Quiet home/private
Faint
30
Office
Average auditorium
20
Quiet conversation
Rustle of leaves
Very Faint
10
Whisper
Soundproof room
0
Threshold of audibility
References: General Radio Co., "Handbook of Noise Measurement," Harris, "Handbook of Noise Control," McGraw-Hill. Bolt, "Handbook of Acoustic Noise Control," vol. 1. Physical Acoustics, PB 111200, Dept. of Commerce.
1. 
For any source of sound which emits a pure tone, the maximum sound level limits set forth in the above table shall be reduced by five dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid delay and an occurrence of not more than one time in any 15 second interval) the excursion of sound pressure level shall not exceed 20 dBA over the background sound level, regardless of time of day or night of receiving land use, using the "fast" meter characteristics of a Type 2 Meter, meeting the ANSI standard S1.4-1983, or the latest version thereof.
2. 
The maximum permissible sound levels as listed in the previous table shall not apply to any of the following noise sources:
a. 
The emission of sound for the purpose of alerting persons to the existence of an emergency or associated practice drills;
b. 
Emergency work to provide electricity, water or other public utilities when public health or safety is involved;
c. 
Domestic power tools;
d. 
Agriculture; or
e. 
Public celebrations specifically authorized by the Township.
3. 
Motor vehicle operations shall not exceed the noise levels established in Chapter 157 of Title 67 of the Pennsylvania Code of Regulations, Subchapter B, Established Sound Levels.
F. 
Odors. No uses except agricultural operations shall emit odorous gases or other odorous matter in such quantities as to be offensive to persons of average sensitivities at any point on or beyond the boundaries of the subject lot.
G. 
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line.
H. 
Radioactivity or electrical disturbances. There shall be no activities which emit dangerous radioactivity at any point. There shall be no radio or electrical disturbances adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance. If any use is proposed which incorporates the use of any radioactive material, equipment or supplies, such use shall be in strict conformity with Chapters 221, 223, 225, 227 and 229, Title 25, Article V, Pennsylvania Department of Environmental Protection, Rules and Regulations.
I. 
Public health and safety. No use shall create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the public use of the surrounding area.