[Ord. 2-1976, 2/3/1976, § 800]
1.
The Limited Industrial District is designed primarily to make special
provision for modern industrial development which is appropriate in
selected suburban locations. Among other things, Limited Industrial
Districts are intended to:
[Ord. 2-1976, 2/3/1976, § 801]
1.
A building may be erected, altered or used and a lot may be used
or occupied for any of the following purposes, and no other:
A.
Administrative, executive or professional office.
B.
Industrial research laboratories.
C.
Manufacture, compounding, processing, assembly; treatment and packaging
of such products as cosmetics, clocks and watches, electrical or electronic
devices, jewelry, optical, paper products (exclusive of the manufacture
of paper), pharmaceuticals, including medical marijuana grower/processor
operations, plastics, professional and scientific instruments, textiles
and toys.
[Amended by Ord. No. 2-2018, 6/20/2018]
D.
Accessory use on the same lot, with and customarily incidental to
any of the above permitted uses.
[Ord. 2-1976, 2/3/1976, § 802]
1.
Lot Area. Every lot on which a limited industrial use is to be conducted
shall be not less than four acres in size.
2.
Building Area. Not more than 25% of the area of each lot may be occupied
by buildings and a total of not more than 75% by any combination of
buildings, parking areas or other impervious cover.
3.
Buffer Area. Where a Limited Industrial District abuts a Residential
or Apartment District, a buffer strip of 100 feet in width shall be
provided and maintained. Thirty feet shall be a buffer planting strip.
4.
Height. No building shall exceed 40 feet in height, excluding chimneys
and stacks, tanks and tank towers, flagpoles, aerials and similar
projections of the building, except when authorized as a special exception
by the Zoning Hearing Board, in which case the maximum allowable height
shall be 60 feet.
[Ord. 2-1976, 2/3/1976, § 803]
1.
Front Yards. There shall be a front yard on each lot which shall
be not less than 85 feet in depth from the street line.
2.
Side Yards. There shall be two side yards having an aggregate width
of not less than 110 feet, neither side yard having a width of less
than 50 feet.
3.
Rear Yard. There shall be a rear yard on each lot which yard shall
be not less than 100 feet in depth.
[Ord. 2-1976, 2/3/1976, § 804]
1.
In addition to the requirements of this chapter, the plan for any proposed development shall comply with the standards of the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22].
2.
The off-street parking, off-street loading and special provisions
relating to highway frontage prescribed in Article 21 of this chapter
shall apply.
3.
The following provisions shall apply to medical marijuana grower/processor operations in addition to any other provisions of this article, and Chapter 22 or Chapter 27 of the Township Code. In the event of a conflict between the terms of this subsection and Article 9, Chapter 22 or Chapter 27, the more restrictive provisions shall control.
[Added by Ord. No. 2-2018, 6/20/2018]
A.
Medical marijuana grow/process operations must be licensed by the
Commonwealth of Pennsylvania pursuant to the Pennsylvania Medical
Marijuana Act (Act of April 17, 2016 (P.L. 84, No. 16, 35 P.S. §§ 10231.101
through 10231.2110, as the same may be amended from time to time)
to grow and process marijuana certified for medical use as legally
prescribed by the Medical Marijuana Act.
B.
Medical marijuana may only be grown in an indoor, enclosed and secure
building which includes electronic systems, electronic surveillance
and other features required by the Medical Marijuana Act.
C.
There shall be no emission of dust, fumes, vapors, odors or waste
into the environment from any facility where medical marijuana growing,
processing or testing occurs.
D.
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the Medical Marijuana Act policy and
shall not be placed within any unsecure exterior refuse or recycle
containers.
E.
The grower/processor shall not operate any closer than 1,000 feet
from a day care facility or a public, private, or parochial, school,
college or university, or 250 feet from a recreation center or playground.
Such distance shall be measured in a straight line from the closest
exterior wall of the building or portion thereof in which the grower/processor
application is located, to the closest property line of the protected
district or use, regardless of the municipality in which it is located.
F.
A visual buffer planting screen with perimeter fencing is required
where a medical marijuana grower/processor operation adjoins a residential
use.
G.
Loading and off-loading areas shall be conducted within the building
to the greatest extent possible.
[Ord. 2-1976, 2/3/1976, § 805; as amended by Ord.
2-2005, 7/6/2005]
1.
In a Limited Industrial District, the following use standards and
procedures shall apply:
A.
No activities involving the storage, utilization, or manufacture
of materials or products which decompose by detonation shall be permitted,
except such as are specifically permitted by the Township, or are
used as customarily incidental to the operation of a principal use
in such quantities, and in a manner conforming with applicable performance
standards set forth hereafter. Such materials shall include, but shall
not be limited to, all primary explosives such as lead azide, lead
styphnate, fulminates, and tetracene; all high explosives such as
TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof
such as nitro-cellulose, black powder, boron hydrides, hydrazine and
its derivatives; pyrotechnics and fireworks such as magnesium powder,
potassium chlorate and potassium nitrate; blasting explosives such
as dynamite and nitroglycerine; unstable organic compounds such as
acetylides, tetrazoles, perchloric acid, perchlorates, chlorates,
hydrogen peroxide in concentrations greater than 35%; and nuclear
fuels, fissionable materials and products and reactor elements such
as Uranium 235 and Plutonium 239.
B.
All activities involving the manufacturing, fabricating, assembly,
disassembly, repairing, storing, cleaning, servicing, and testing
of materials, goods, or products, shall be operated in such a manner
as to comply with applicable performance standards as hereinafter
set forth governing noise, smoke, particulate matter, toxic or noxious
matter, odors, fire and explosive hazards, vibration, glare, or heat
for the district in which such use shall be located; and no use, already
established on the effective date of this chapter, shall be so altered
or modified as to conflict with, or further conflict with such applicable
performance standards for the district in which such use is located.
(1)
Noise.
(a)
Noise shall be measured with a sound level meter having an A-weighted
filter constructed in accordance with specifications of the American
National Standards Institute (A.N.S.I.). Measurements are to be made
at any point in Residential or Commercial Districts as indicated in
Table 1 following.
(b)
Impact noise shall be measured using the fast response of the
sound level meter. Impact noises are intermittent sounds such as from
a punch or drop forge hammer. Measurements are to be made at any point
in Residential or Commercial Districts as indicated in Table 1.
(c)
Between the hours of 7:00 p.m. and 7:00 a.m., the permissible
sound levels in a residential district shall be reduced by five decibels
for impact noises.
(e)
Maximum Permitted Sound Pressure Level. The following Table
1 describes the maximum sound pressure level permitted from any industrial
source and measured in any adjacent Residential District or Commercial
District:
|
Table 1
| |||||
|---|---|---|---|---|---|
|
Maximum Permitted Sound Levels, dB (a)
| |||||
|
(re: 0.0002 Micro bar)
| |||||
|
Sound Measured in: Decibels
| |||||
|
Continuous Slow Meter Response
|
Impact Fast Meter Response
| ||||
|
O-R
|
M-1
|
O-R
|
M-1
| ||
|
Residential Districts
|
50
|
50
|
60
|
60
| |
|
Commercial Districts
|
60
|
65
|
70
|
75
| |
(2)
Vibration.
(a)
Vibration shall be measured at or beyond any adjacent lot line
or residential district line as indicated in Table 2 and such measurements
shall not exceed the particle velocities so designated. The instrument
used for these measurements shall be a three component measuring system
capable of simultaneous measurement of vibration in three mutually
perpendicular directions.
(b)
The maximum vibration is given as particle velocity, which may
be measured directly with suitable instrumentation or computed on
the basis of displacement and frequency. When computed, the following
formula shall be used:
|
P.V.
|
=
|
6.28FxD
| |
|
P.V.
|
=
|
Particle Velocity, inches per second
| |
|
F
|
=
|
Vibration frequency, cycles per second
| |
|
D
|
=
|
Single amplitude displacement of the vibration, inches
|
(c)
The maximum particle velocity shall be the vector sum of the
three individual components recorded. Such particle velocity shall
not exceed the values given in Table 2.
|
Table 2
| |||
|---|---|---|---|
|
Maximum Ground Transmitted Vibration for Limited Industrial
Districts
| |||
|
Particle Velocity, Adjacent Lot Line
|
Inches/Second Residential District
| ||
|
Limited Industrial
|
0.20
|
0.02
| |
|
Where vibration is produced as discrete impulses, and such impulses
do not exceed a frequency of 100 per minute, then the values in Table
two may be multiplied by two.
|
(3)
Air Pollution.
(a)
No user shall emit or cause or allow to be emitted or permit
to escape into the open air, any air contaminant of a quantity or
quality which will violate any provision of this chapter.
(b)
No user shall operate or maintain or permit to be operated or
maintained any equipment, installation or device which by reason of
its operation or maintenance will discharge contaminants to the air
in excess of the limits prescribed herein unless he shall install
and maintain in conjunction therewith such control equipment as will
prevent the emission into the open air of any air contaminant in a
quality or quantity that will violate any provision of this chapter.
(c)
No user shall cause, allow, permit, kindle, ignite, or maintain
any bonfire, junk fire, refuse fire, open fire, salvage operations
fire or any other open fire on or in any public street, road, or public
ground, or upon any private property within the limits of the site.
(d)
No user shall emit or cause or allow to be emitted or permit
to escape into the open air from any combustion unit or incinerator
smoke with a shade darker than No. 1 of the Ringelmann Chart, except
smoke of a shade equal to but not darker than No. 2 of the Ringelmann
Chart may be emitted for a period or periods aggregating four minutes
in any eight-hour period.
(e)
No firm or corporation shall permit or cause the discharge of
particulate matter into the atmosphere from incinerators in excess
of 0.1 grains per cubic foot of gas at standard conditions corrected
to 12% CO2, except as designated under specific
contaminants.
(4)
Specific Contaminants.
(a)
Fugitive Emissions. As required by §§ 123.1 and
123.2, Chapter 123, Article III, Subpart C, Part 1, Title 25 of the
Rules and Regulations of the Pennsylvania Department of Environmental
Protection, as revised 17 January, 1972, or as may be revised in the
future.
(b)
Particulate Matter Emissions. As required by §§ 123.11,
123.12 and 123.13, Chapter 123, Article III, Subpart C, Part 1, Title
25 of the Rules and Regulations of the Pennsylvania Department of
Environmental Protection, as revised 27 January, 1972, or as may be
revised in the future.
(c)
Sulfur Compound Emissions - As required by §§ 123.21,
123.22, and 123.23, Chapter 123, Article III, Subpart C, Part 1, Title
25 of the Rules and Regulations of the Pennsylvania Department of
Environmental Protection as revised January 27, 1972, or as may be
revised in the future.
(d)
Copies of the above regulations and related permit, operating
and variance procedures are available for review at the Township offices
during normal office hours.
(5)
Toxic or Noxious Matter.
(a)
Water-borne. No materials or wastes shall be deposited upon
a lot in such form or manner that they may be transferred off the
lot by natural causes or forces, nor shall any substance which can
contaminate a stream or watercourse or otherwise render such stream
or watercourse undesirable as a source of water supply or recreation,
or which will destroy aquatic life, be allowed to enter any stream
or watercourse.
1)
The ambient air quality standards for the Commonwealth of Pennsylvania
shall be the guide to the release of airborne toxic materials across
lot lines. Where toxic materials are not listed in the ambient air
quality standards of the Commonwealth of Pennsylvania, the release
of such materials shall be in accordance with the fractional quantities
permitted below, of those toxic materials currently listed in the
threshold limit values adopted by the American Conference of Governmental
Industrial Hygienists. Unless otherwise stated, the measurement of
toxic matter shall be at ground level or habitable elevation, and
shall be the average of any twenty-four-hour sampling period.
2)
In the Limited Industrial District, the release of airborne
toxic matter shall not exceed 1/30 of the threshold limit value beyond
the district boundary line.
(6)
Control of Odors. There shall be no emission of odorous gases
or other odorous matter in such quantities as to be offensive at any
point on or beyond the lot boundary line within which the industrial
operation is situated. Any process which may involve the creation
or emission of any odors shall be provided with a secondary safeguard
system, in order that control will be maintained if the primary safeguard
system should fail.
(a)
Odor thresholds shall be measured in accordance with ASTM d-1391-57,
"Standard Method for Measurement of Odor in Atmospheres (Dilution
Method)."
(b)
In the Limited Industrial District, odorous materials released
from any operation or activity shall not exceed the odor threshold
concentration at or beyond the district boundary line measured either
at ground level or habitable elevation.
(7)
Fire and Explosion Hazards.
(a)
The storage, utilization, or manufacture of materials or products
ranging from incombustible to moderate burning - as determined for
liquids by a closed cup flash point of not less than 187° F. -
is permitted subject to compliance with all other performance standards
for the district.
(b)
The storage, utilization, or manufacture of materials or products
ranging from free or active burning to intense burning - as determined
for liquids by a closed cup flash point of less than 187° F.,
but not less than 110° F. - is permitted, subject to compliance
with all other performance standards for the district, and provided
the following conditions are met:
1)
Said materials or products shall be stored, utilized, or produced
within completely enclosed buildings or structures having incombustible
exterior walls.
2)
All such buildings or structures shall be set back at least
100 feet from side or rear lot lines, and 150 feet from the street
line, and shall be protected throughout by an automatic sprinkler
system complying with installation standards prescribed by the National
Fire Protection Association or Factory Insurance Association; or if
the materials, goods, or products are liquids, the protection thereof
shall be in conformity with standards prescribed by the National Fire
Protection Association or Factory Insurance Association.
(c)
The utilization in manufacturing process of materials which
produce flammable or explosive vapors or gases - as determined for
liquids by a closed cup flash point of less than 110° F. - shall
be prohibited without special permit from the Township Engineer. Issuance
of such permit shall be guided by, but not limited to, the following
criteria:
1)
That the final manufactured product does not itself have a closed
cup flash point of less than 187° F.
2)
That the use of such material shall be in conformity with the
standards prescribed by the National Fire Protection Association,
and the requirements of other ordinances of the Township.
3)
That no more than 200 gallons of such materials shall be on
site at any one time and that such storage shall be in conformity
with the standards prescribed by the National Fire Protection Association,
and the requirements of other ordinances of the Township.
(8)
Storage. The storage of more than 10,000 gallons of materials
or products having a closed cup flash point greater than 110°
F. including storage of finished products in original sealed container
is prohibited. Bulk storage of more than 500 gallons must be in underground
facilities designed to meet the standards prescribed by the National
Fire Protection Association, and the requirements of the other ordinances
of the Township.
(9)
Heat and Glare Control.
(a)
Heat. No use shall carry on an operation that would produce
an increase in ambient air temperature of more than 2° F. at the
property line of the lot on which the use is situated.
(b)
Glare. No use shall carry on an operation that would produce
glare as defined below from unshielded bulbs or any production operation
such as welding beyond the property line of the lot on which the use
is situated. "Glare" shall be defined as direct or indirect light
from such activities of greater than 0.5 foot-candles illumination
at habitable levels.
(10)
Water Quality. No use shall withdraw water from the Chester
Creek or its tributaries without filing for and obtaining permission
from the Delaware River Basin Commission, other than for emergencies
such as "fire pond" use to supplement emergency vehicle or hydrant
pressures and flow. Further, discharges to those streams shall meet
the following quality levels. Where the Pennsylvania Department of
Environmental Protection shall set more stringent requirements, they
shall apply. In all cases, permits shall be obtained from the Pennsylvania
Department of Environmental Protection.
(a)
Temperature of Discharges. The heat content of discharges shall
be limited to an amount that could not raise the temperature of the
entire stream at the point of discharge 5° F. above ambient temperature
or to a maximum of 87° F., whichever is less; nor change the temperature
by more than 2° F. during any one-hour period assuming complete
mixing.
(b)
Quality Discharge. The minimum quality of discharges shall be
as specified to maintain quality for Group B streams by the Pennsylvania
Department of Environmental Protection. Those standards are:
|
Biological Oxygen Demand (BOD)
|
5.0 ppm
| |
|
Dissolved Oxygen (DO)
|
5.0 mg/L
| |
|
Suspended Solids (SS)
|
10.0 ppm
| |
|
Phosphorous as Phosphate
|
0.2 ppm
|
|
Secondary, and where required, tertiary treatment shall be provided
to maintain such quality. Further, no use shall discharge heavy metals,
oils, suspended matter or other elements expressly prohibited by the
Pennsylvania Department of Environmental Protection.
|
(c)
Emergency Procedures. Where materials stored on site could,
if accidentally released, impair water quality, emergency procedures
shall be specified to prevent such spillage from entering ground or
surface waters as a part of the permit application.
C.
Procedures for Obtaining Permits. It shall be unlawful for any person
to install, alter, enlarge or make additions to any existing or new
facilities, equipment or operation that may be a source of air contaminants,
or to install, alter, enlarge, or make additions to any existing or
new equipment, devices or apparatus, the use of which may eliminate,
reduce or control the emission of air contaminants until an application,
including plans and specifications, has been filed with the Township
Secretary and the permits have been issued by the Zoning Officer.
Should the Zoning Officer require the services of a consultant for
review of submitted plans and specifications, the applicant shall
bear all costs for such services.
(1)
Two sets of plans shall be submitted with each application.
If the plans are approved, one copy shall be retained by the Township
and the second copy shall be kept at the site of construction.
(2)
Each submittal shall be examined by the Township Engineer who
shall make recommendation to the Board of Supervisors within 30 days
from the date of filing thereof.
(3)
Where a permit also is required from the Commonwealth Department
of Environmental Protection, no Township permit shall be issued until
the state permit has been obtained and evidence of same has been given
to the Township.
(4)
After the completion of any work requiring a permit, the applicant
shall apply for a certificate of use and/or occupancy. The certificate
shall be issued by the Code Enforcement Officer after certification
by the Township Engineer and shall certify that the work has been
done in accordance with the approved plans.
(5)
The Township Engineer may, at his discretion, require tests
to be made of any work before he authorizes the Building Inspector
to issue a certificate of use and/or occupancy. Such tests shall be
made at the expense of the applicant.
(6)
The applicant shall comply with all regulations of all applicable
local, state and federal codes.
