A.
Any use established after the effective date of this chapter shall
be so operated as to meet the performance standards established hereinafter.
Any use already established on the effective date of this chapter
shall be permitted to continue, provided that no alteration, expansion,
enlargement or modification shall be permitted which does not meet
the performance standards herein or which effectively increases the
degree of nonconformity which existed prior to any alteration, expansion,
enlargement or modification.
B.
Points of measurement to determine compliance with the performance
standards shall be the property line nearest the source which is the
subject of measurement unless otherwise specified in this section.
A.
At no point on a property line within the boundaries of a residential
district shall the sound pressure level of any operation exceed the
decibel levels in the designated octave bands shown below:
|
Frequency Band
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
(decibels)
|
|---|---|
|
0 to 75
|
75
|
|
75 to 150
|
67
|
|
150 to 300
|
59
|
|
300 to 600
|
52
|
|
600 to 1,200
|
46
|
|
1,200 to 2,400
|
40
|
|
2,400 to 4,800
|
34
|
|
Above 4,800
|
32
|
B.
If the noise is not smooth and continuous or is radiated during sleeping
hours, one or more of the corrections below shall be added to or subtracted
from each of the decibel levels given above.
|
Type of Operation or Character of Noise
|
Corrections in Decibels
|
|---|---|
|
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m.
|
-3
|
|
Noise occurs less than 5% of any one-hour period
|
+5
|
|
Noise is of periodic character (hum, scream, etc.) or is of
impulsive character (hammering, etc.). (In the case of impulsive noise,
the correction shall apply only to the average pressure during an
impulse, and impulse peaks shall not exceed the basic standards given
above)
|
-5
|
C.
These limitations shall not apply to the operations of motor vehicles
or other transportation facilities, emergency alarms or signals, parades,
properly licensed public address systems, religious or social activities,
or other operations of a temporary duration, but shall be interpreted
to limit and control noise originating from uses of a permanent and
lasting character which can be heard and measured above the ambient
noise of the community.
D.
Noise resulting from temporary construction activity that occurs
between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements
of this section, except that such activity that occurs on Sundays
shall be exempt from the requirements of this section from 9:00 a.m.
to 7:00 p.m.
E.
No noise from recordings, loudspeakers or public address systems
shall be allowed which interferes with the reasonable enjoyment of
adjacent residential properties.
F.
No use in any permissible mixed-use or nonresidential zone may generate
any ground-transmitted vibration that is perceptible to the human
sense of touch measured at the outside boundary of the immediate space
occupies by the enterprise generating the vibration if the enterprise
is one of several located on a lot, or the lot line if the enterprise
is one of several located on a lot, or the lot if the enterprise generating
the vibration is the only enterprise located on a lot.
Any use that emits any air contaminant, as defined in state
air pollution law(s), shall comply with applicable state standards
concerning air pollution.
Central air-conditioning units shall be located to the rear
or top of all structures and in no case shall be located closer than
15 feet from any property line.
A.
No use in any zone may discharge any waste contrary to the provisions
of the state law governing discharges of radiological, chemical or
biological wastes into surface or subsurface waters.
B.
No use in any zone may discharge into the sanitary sewage treatment
facilities any waste that cannot be adequately treated by biological
means.
A.
Prohibition. The erection, installation, and placement of an external
fuel-burning device within the Borough is prohibited.
B.
Retroactivity. This subsection shall not be considered to be retroactive
and shall not require the removal of an external fuel-burning device
in existence within the Borough prior to July 16, 2007.
C.
Regulation of devices already in existence. All external fuel-burning
devices in existence at the effective date of this subsection shall
have or must erect a flue or chimney that, as extended, exceeds the
height of the roof peaks of residences located within 500 feet of
the device, provided:
(1)
That the height of the chimney, as it exists or as extended, shall
not exceed 35 feet;
(2)
Any wood-burning device shall use only wood that has not been chemically
treated; and
(3)
Extension of the flue or chimney shall require issuance of a building
permit, which shall be issued upon submission, in addition to other
documents required by the issuing authority, of documentation by a
licensed surveyor or professional engineer certifying the location
of the device, distance to residences, and comparative heights of
the flue or chimney and residential rooflines.
All activities and all storage of flammable and explosive materials
at any point shall be provided with adequate safety devices against
the hazards of fire and explosion and adequate firefighting and fire
suppression equipment and devices as detailed and specified by state
laws.
A.
Any operation or activity producing intense glare shall be so conducted
that direct and indirect illumination from the source of light shall
not cause illumination in excess of 1/2 of one footcandle above background
when measured at any residence district boundary line. Flickering
or intense sources of light shall be so controlled as not to cause
a nuisance across any lot lines.
B.
No use shall produce a strong, dazzling light or a reflection of
a strong, dazzling light beyond its lot lines. In general, lighting
fixtures that shield the reflector or lens or any high brightness
surface from viewing angles above 60° from horizontal shall be
utilized.
C.
All outside lighting, including sign lighting, shall be directed
in such a way as not to create a nuisance to any adjacent use and
roadway. All luminaries and fixtures shall be equipped with a glare
shielding device, cutoff downward cast in the case of freestanding
area lighting, approved by the Municipal Engineer. The height of all
luminaries must also be approved by the Municipal Engineer. Intensity
of outdoor lighting shall be limited within usable areas of a site
(i.e., parking, walkways, etc.) to an average intensity at the ground
of 25 footcandles with a maximum intensity at any given point on the
ground of 80 footcandles, unless otherwise approved by Council.
D.
The height of a luminary shall be limited as follows:
(1)
In any residential district, the maximum height permitted shall be
20 feet.
(2)
In any other district, the maximum height shall be 25 feet, except
where otherwise specified.
(4)
Council may further limit the height of luminaries when it is determined
that proposed lighting may have a detrimental impact upon nearby properties.
Odors created by any manufacturing or processing operation shall
not be discernible beyond the property carrying on a manufacturing
or processing operation producing an odor.
For all uses, the following regulations shall apply:
A.
No flammable or explosive liquids, solids or gases shall be stored
in bulk above the ground; provided, however, that tanks or drums of
fuel directly connecting energy devices, heating devices or appliances
located on the same lot as the tanks or drums of fuel shall be exempt
from this provision, after review and approval of location, size and
contents by established fire authorities.
B.
No caustic materials or hazardous waste in any form shall be deposited
upon a lot in such a manner that they may be transferred below the
surface of the lot by natural causes or forces.
C.
There shall be no outdoor storage or accumulation for a period in
excess of seven days of any waste materials, materials which produce
fumes detectable at the lot line, inflammable material, edible material,
material which would be a harborage or breeding place for rodents
or insects or abandoned, wrecked or junked vehicles.
E.
Portable storage units.
(1)
The placement of portable storage units on public streets, alleys,
or rights-of-way requires a permit from the Code Enforcement Officer.
(2)
The placement of portable storage units on private property shall
not require a permit.
(3)
The portable storage unit must have reflective cones placed at each
corner. Reflective material may also be placed at both ends.
(4)
All state motor vehicle statutes and regulations governing parking
of a motor vehicle on a public street must be obeyed. At a minimum,
placement of portable storage units shall be no closer than 15 feet
from a fire hydrant, 20 feet from an unregulated intersection, 30
feet from a stop sign, flashing light, red traffic signal or yield
sign, 15 feet from a driveway and no further than six inches from
a curb.
A.
No activities shall be permitted which emit dangerous radioactivity.
B.
No use in any zone shall create any electrical disturbance that adversely
affects the operation at any point of any equipment other than that
of the creator of the disturbance or otherwise cause, create or contribute
to the interference with electronic signals (including television
and radio broadcasting transmissions) to the extent that the operation
of any equipment not owned by the creator of such disturbance is adversely
affected.
The following shall apply in all districts. Topsoil or sod may
be removed only under the following conditions:
Temporary structures and trailers used in conjunction with construction
work may be permitted only during the period that the construction
work is in progress. Permits for other temporary structures may be
issues for six-month periods, but such permits shall not be renewed
except as a special exception when approved by the Board.
A clear sight triangle shall be maintained at all intersections
and points of entry on a public road so that, measured along the center
line, there shall be a clear view of 75 feet minimum from the point
of intersection of the center lines. No obstruction shall be permitted
in this area above the height of 2 1/2 feet and/or below 10 feet.
A.
The proposed bridging of any public right-of-way shall constitute
a land development. Whenever the bridging of any public right-of-way
is proposed and before any permit for the erection of such a structure
shall be granted, the owner or his authorized agent, shall apply for
and secure approval of a special encroachment permit in accordance
with the following procedures:
(1)
The applicant shall pay an appropriate fee as fixed from time to
time by separate resolution of the City Council for the following
services:
(a)
Reviewing the applications, permits and engineering details.
(b)
Inspecting the layouts of the site for conformance to the survey
and plan.
(c)
Preparing cost estimates of improvements.
(d)
Inspecting improvements during construction.
(e)
Final inspection on completion of installation of the structure and
any interim inspections as deemed necessary by the Engineer.
(2)
The applicant shall, by filing of the request for special encroachment
permit, be then obligated to pay the fees herein provided. The fee
required to be paid by this section shall be promptly submitted to
the City by the applicant upon submission of bills therefor to the
applicant from time to time by the City of Washington.
(3)
The application shall be accompanied by the requisite fee or fees
as set forth herein or as adopted by the City as aforesaid along with
at least nine prints of the proposed development. The City will thereafter
forward to the City Engineer, the Planning Commission and the Building
Inspector/Zoning Officer, as well as members of Council, a copy of
said plan. The City shall forward one copy of said plan to the Washington
County Planning Commission and such other agencies as deemed appropriate
for review and comment. Applicant is solely responsible for gaining
approval, if necessary, from appropriate federal, state and local
agencies.
(4)
The City may submit the application for special encroachment permit
to the Planning Commission and allow the Planning Commission 30 days
for review and comment.
(5)
Thereafter, the City shall give public notice and hold a public hearing,
at which time all parties in interest shall have an opportunity to
be heard as it relates to the requested special encroachment permit.
(7)
All plans shall be reviewed by the City Engineer, and review shall
be made within 14 days of the receipt of the proposed plan by the
City Engineer and the Engineer's findings shall be transmitted,
in writing, to City Council and the City of Washington Planning Commission.
(8)
The City Council for the City of Washington shall act on the requested
permit within 90 days of the official filing date. Failure to do so
shall be deemed an approval. City Council may attach such conditions
or specifications to the approval as it deems necessary to effectuate
the purposes of this chapter and/or as recommended by the Engineer.
(9)
City Council shall notify the applicant of its decision to approve,
approve with conditions or disapprove the permit in writing. Such
notice shall be given to the applicant in person or mailed to him
at his last known address not later than 15 days following the last
hearing on the request. If the plan is approved with conditions or
disapproved, the City Council shall specify in their notice the conditions
which must be met and/or defects found in the application/plans and
requirements which have not been met, if any, including recommendations
by the City Engineer.
(10)
Prior to obtaining a building permit for the requested development,
the applicant must submit a performance guarantee for the construction
and completion of the development as determined reasonably necessary
by the City Council.
B.
In considering the approval, approval with conditions or disapproval
of the application for special encroachment permit, the City Council
shall include, but not be limited to, the following matters:
(1)
The effect of the proposed change upon the general historic or architectural
nature of the zoning district wherein the proposed structure is to
be located. The appropriateness of the exterior architectural features
which can be seen from any public street or right-of-way and/or the
general design and arrangement of the requested structure as it relates
to generally accepted engineering principals. In this regard, the
Engineer for the City of Washington shall set forth in its review
counts as to the structural integrity of the proposed structure should
it be built in conformance with the proposed plans. Should the Engineer
determine any changes or alterations in the construction of the subject
structure, the City Council shall include said conditions in their
approval or may deny said application based upon said requirements
as deemed necessary by the Engineer for the City of Washington.
(2)
The structure bridging the public right-of-way may be deemed a separate
structure by the City of Washington as it relates to building code
enforcement. The City Code Enforcement Officer shall have the right
to inspect the structure bridging the public right-of-way and to take
all necessary action as allowed by City of Washington ordinances,
Municipalities Planning Code[2] and any laws, rules or regulations affecting the same
to provide for the repair, replacement or demolition of said structure.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
The applicant for a special encroachment permit shall own the parcels
of property separated by the public right-of-way upon which the bridge
structure is to emanate, in fee simple absolute. Furthermore, upon
granting of the special encroachment permit, said property shall not
thereafter be sold in part as it affects that part of property adjoining
the public right-of-way upon which the bridge structure emanates,
said sale or other use of the property which would convey any interest
in part constituting an illegal subdivision, unless otherwise determined
by the City of Washington Planning Commission and City Council for
the City of Washington.
C.
Conflict with public and private provisions.
(1)
Public provisions. Where any provision of this chapter imposes restrictions
different from those imposed by any other provision of the City of
Washington Code of Ordinances, or any other rules or regulations or
other provisions of law, whichever provisions are more restrictive
and impose higher standards, shall control.
(2)
Private provisions. This chapter is not intended to abrogate any
easement, covenant or any other private agreement or restriction,
provided that where the provisions of this chapter are more restrictive
or impose higher standards of regulation, then the requirements of
this chapter shall govern. Where the provisions of the easement, covenant
or private agreement or restriction impose duties and obligations
more restrictive, or higher standards than the requirements of this
chapter or the determination of the City Council for the City of Washington
in approving such development or enforcing this chapter, and such
private provisions are not inconsistent with this chapter or determination
thereunder and such private provisions shall be operative and supplemental
to the provisions and determinations made under this chapter.
