[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.
[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.
[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.
