[Ord. 639, 7/14/1975]
Permitted and special uses enumerated in the C-4 and I Districts,
and uses accessory thereto, are subject to the following performance
standards and procedures. If the Zoning Officer or the Zoning Hearing
Board, upon the recommendations of the Planning Commission, 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.
[Ord. 639, 7/14/1975]
1.Â
Prior to Construction and Operation. Any application for a building
permit for a use, which shall be subject to performance standards,
shall be accompanied by a sworn statement by the owner of subject
property that said use will be operated in accordance with the performance
standards set forth herein.
2.Â
Continued Compliance. Continued compliance with performance standards
is required and enforcement of continued compliance with these performance
standards shall be enforced by the Zoning Officer or Zoning Hearing
Board.
3.Â
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 Zoning Hearing Board of the occurrence or existence of a probable violation thereof. Said Board shall investigate the alleged violation. If after public hearings on due notice, and upon the recommendation of the Planning Commission, said Board finds that a violation occurred or exists, such violation shall be terminated as provided in Subsection 4 following.
4.Â
Termination of Violation. All violations as ascertained in accordance with Subsection 3 above shall be terminated within 30 days of the decision of the Zoning Hearing Board or shall be deemed a separate violation for each day following and subject to fines as set forth herein, except that certain uses established before the effective date of this Chapter and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith as determined by said Board.
[Ord. 639, 7/14/1975]
1.Â
Definition of Elements. No land or building in any C-4 or I Districts
which shall be used or occupied for 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-4 or I 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.
2.Â
Locations Where Determinations Are to be Made for Enforcement of
Performance Standards. The determination of the existence of any dangerous
and objectionable elements shall be made at:
[Amended by 789, 5/18/2016]
[Ord. 639, 7/14/1975]
1.Â
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 fire-fighting and fire-suppression
equipment and devices standard in this industry. Burning of waste
materials in open fires is prohibited. The relevant provisions of
commonwealth and local laws and regulations shall also apply.
2.Â
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.
3.Â
Noise.
[Amended by Ord. 789, 5/18/2016]
A.Â
At the points of measurement specified in this section, the maximum
Leq(A) sound pressure level by any use of the facility (other than
transportation facilities, construction, infrequent occurrences, and
periods of startup and shutdown, testing, or emergency operation of
the facility) shall not exceed the values given in Table III after
applying the corrections shown in Table IV.
B.Â
The Leq(A) sound pressure level shall be measured in accordance with
ANSI S12.9-2013/Part 3, with an integrating-averaging sound level
meter conforming to standards prescribed by the American National
Standards Institute (ANSI). American National Standard Specification
for Sound Level Meters ANSI S1.4-1983(R 2006) and ANSI S1.4A, and
Specifications for Integrating-Averaging Sound Level Meters ANSI/ASA
S1.43-1997(R2007) or latest approved revision thereof, shall be used.
Table III
Sound Levels in Decibels (dBA)
| ||
---|---|---|
Location
|
Maximum Leq(A) Sound Level
(dBA)
| |
At a lot line of a residential use in a Residential District
- R
|
58
| |
At a lot line of a Tourist and Highway Services District —
C-4
|
63
| |
At a lot line of a General Commercial District — C-3
|
60
| |
At a lot line of an Agricultural and Conservation District I-1
|
60
| |
At a lot line of a Services District — S or Industrial
and Warehousing District I-1
|
60
| |
At a lot line of a General Industrial District I-2
|
65
| |
At a lot line of a Heavy Industrial District I-3
|
70
|
Table IV
| ||||
---|---|---|---|---|
Type or Location of Operation or Character of Noise
|
Correction
(dBA)
| |||
1.
|
Daytime operation only*
|
+5
| ||
2.
|
Noise source operations less than**
| |||
a.
|
20% of any one-hour period
|
+10
| ||
b.
|
50% of any one-hour period
|
+5
|
*
|
Daytime operation is defined as 7:00 a.m. to 9:00 p.m.
| |
**
|
Apply no more than one of these corrections in a particular
situation.
|
4.Â
Vibration. No vibration shall be permitted which is detectable without instruments at the points of measurement specified in § 27-703.
5.Â
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in § 27-703. This restriction shall not apply to signs otherwise permitted by the provisions of this Chapter.
6.Â
Smoke. No emission shall be permitted from any chimney or otherwise
of visible grey smoke of a shade equal to or darker than No. 2 on
the Power's Micro-Ringelmann Chart, published by McGraw-Hill
Publishing Co., Inc., and copyrighted 1954 (being a direct facsimile
reduction of a standard Ringelmann Chart as issued by the United States
Bureau of Mines), except that visible grey smoke of a shade equal
to No. 3 on said chart may be emitted for 4 minutes in any 30 minutes.
7.Â
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 zone lot from which they are emitted without instruments.
8.Â
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.
[Added by Ord. 789, 5/18/2016]
1.Â
ABANDONED
Definition. As used in this section, the following terms shall have
the meanings indicated:
Any wireless telecommunications tower that is not in use
for a continuous period of 12 months will be considered abandoned.
If there are two or more users of a tower, this section will not become
effective until all users cease using the tower. For purposes of this
provision, a tower is in use at any time the owner is receiving, has
the right to receive, or is engaged in negotiations for the right
to receive revenue arising out of or related to its ownership of the
tower.
2.Â
Removal. Unless otherwise agreed in writing by the Borough, the owner
must remove an abandoned wireless communications tower within 180
days after the tower's owner receives written notice from the
Borough notifying the owner of such abandonment. Failure to remove
an abandoned tower within the one-hundred-eighty-day period will be
grounds for the Borough to remove, or cause the removal of, the tower
at the owner's expense. Any written agreement permitting an abandoned
tower to remain in place will toll the running of the one-hundred-eighty-day
period, which will not resume until the tower's owner actually
receives written notice from the Borough revoking such agreement.
3.Â
Notice and Penalty. If the owner of any wireless telecommunications
tower to whom a written notice of abandonment was given fails to complete
removal of the abandoned telecommunications tower within 180 days
of receipt of the written notice of abandonment, the owner shall be
guilty of a violation of this section, and upon conviction thereof,
shall be sentenced to pay a fine of not more than $100 and costs of
prosecution; provided, each day's continuance of a violation
shall constitute a separate offense.