The purpose of this article 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 I Industrial District and I-C Industrial Commercial
District.
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 chapter. 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
portions of such use, building or other structure.
B.
Application submittal.
(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 chapter. All applications shall include, but shall not be
limited to, the following informational items:
(2)
Plans of existing or proposed construction and development;
(3)
A description of existing or proposed machinery, processes and
products;
(4)
Specifications for the mechanisms and techniques used or proposed
to be used in restricting possible dangerous or objectionable conditions
as set forth in this chapter; and
(5)
Measurement or estimate of the amount or rate of emission of
any dangerous or objectionable elements as set forth in this chapter.
C.
Application review. 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 Article XXIV, Administration, Enforcement and Amendments.
(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.
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,[1] including the standards set forth by the Pennsylvania
Department of Environmental Protection, Rules and Regulations.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
B.
Fire and explosive hazards. 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, adequate
firefighting 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
structures shall conform to the Building Code, the Fire Prevention
Code[2] and other applicable Township ordinances. Any explosive
material shall conform to the requirements of the Pennsylvania Department
of Environmental Protection, 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,
visible at the lot line shall be permitted. These regulations shall
not apply to signs or floodlighting of parking areas otherwise permitted
by this chapter. There shall be no emission or transmission of heat
or heated air discernible at the lot line.
D.
Liquid and solid waste. There shall be no discharge at any point
into any public or private sewage 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 Chichester Township and the commonwealth
and the 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 that
is static, fluctuating or intermittent with a recurrence greater than
one time in any fifteen-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 Use Category
|
Time
|
Sound Level Limit
| |
---|---|---|---|
Residential, public space, open space
|
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
|
60 dBa
50 dBa
| |
Agricultural or institutional
|
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays
|
65 dBa
50 dBa
| |
Commercial-business
|
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays
|
65 dBa
60 dBa
| |
Industrial
|
At all times
|
70 dBa
|
(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 fifteen-second interval),
the sound pressure level shall not exceed 20 dBA over the ambient
sound level, regardless of time of day or night of receiving land
use.
(2)
The maximum permissible sound levels 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.
(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 so as to be offensive
at any point on or beyond its lot lines. The guide for determining
such quantities of offensive odors shall be the fifty-percent response
level of Table 1 (Odor Thresholds in Air), "Research of Chemical Odors:
Part I - Odor Thresholds for 53 Commercial Chemicals," October, 1986,
Manufacturing Chemists Association, Inc., Washington, D.C.
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 the 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.
Notwithstanding anything above to the contrary, it shall be
unlawful in all zoning districts throughout Upper Chichester Township
for any person, firm or corporation or their agents or employees owning,
occupying, or performing construction work at any building, premises
or other place in Upper Chichester Township to operate or permit to
be operated any type of machinery, appliance, equipment or hand or
power tool for construction purposes which emits noise beyond the
premises upon which said machinery, appliance, equipment or hand or
power tool is being operated or used between the hours of 7:00 p.m.
and 7:00 a.m., Monday through Friday, 7:00 p.m. and 8:30 a.m. on Saturday,
or at any time on Sunday or legal holiday.