[Amended 7-5-2022 by Ord. No. 1646]
In order to determine whether a proposed use will conform to the requirements of this article, the Council or the Zoning Hearing Board may require a qualified consultant whose credentials are acceptable to the Council or the Zoning Hearing Board to testify, whose cost for services shall be borne by the applicant.
A.
Fire prevention and fighting equipment that conforms to the requirements of the Uniform Construction Code shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B.
No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
C.
No operation or activity shall cause or create noise in excess of the sound levels prescribed below. The noise shall be measured on an A-weighted scale of a sound-pressure-level meter that conforms to the standards prescribed by the American National Standards Institute (ANSI), New York, New York, in Specifications for Sound Level Meters, S1.4-1971, or latest revised edition.
D.
At no point beyond the boundary of any lot within any district shall the exterior noise level resulting from any use or activity located on such lot exceed a 60 dBA for more than four hours during any twenty-four-hour period.
E.
Any violation of the above standards shall be a violation of this article and shall be subject to the enforcement remedies and penalty provisions of this chapter; however, other intermittent noises, except those exempted herein, may be determined to be a nuisance by the Borough Zoning Officer and shall be subject to penalties and enforcement remedies for a public nuisance.
F.
The following uses or activities shall be exempted from the noise regulations:
(1)
Noises emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m.
(2)
Noises caused by safety signals, warning devices and other emergency-related activities or uses.
(3)
Noises emanating from public or private recreational uses between 7:00 a.m. and 11:00 p.m., excluding those produced by amplification, motorized vehicles or other mechanical sources.
(4)
Noises emanating from the delivery of public services such as street maintenance or snow removal.
G.
In addition to the above regulations, all uses and activities within the Borough shall conform to all applicable county regulations.
H.
Whenever the regulations contained herein are at variance with any other lawfully adopted, the more restrictive shall govern.
I.
Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
J.
No malodorous gas or matter shall be permitted that is discernible on any adjoining lot or property. There shall be no emission of any malodorous gas or matter that violates the regulations of the Allegheny County Health Department.
K.
There shall be no emission at any point for longer than five minutes in any hour of visible gray or other color smoke with a shade darker than No. 3 on the Standard Ringelmann Chart issued by the United States Bureau of Mines, nor shall there be any emission at any point from any source that can cause damage to health, to animals or vegetation or other forms of property or that can cause excessive soiling at any point.
L.
No direct or sky-reflected glare, whether from floodlights or from high-temperature processes, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level. For purposes of interpreting this subsection, "glare" shall be defined as direct or indirect light from any source that exceeds 1/2 footcandle on any adjoining property.
M.
In all zoning districts, all lighting devices located within 100 feet of a property line adjoining a residential use or any zoning district that has a residential use as a listed permitted use shall be designed with shields, reflectors or refractor panels that direct and cut off light at a cutoff angle that is less than 90°. "Cutoff angle" is defined as the angle formed by a line drawn from the direction of the light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
N.
No erosion by wind, water or other source shall be permitted that will carry objectionable substances onto neighboring properties. All activities shall be subject to Chapter 101, Erosion and Sediment Pollution Control, of the Code of the Borough.
O.
Water pollution shall be subject to the standards established by the PADEP.
P.
Determination of compliance with performance standards.
(1)
During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Borough may seek the assistance of any public agency having jurisdiction or interest in the particular issues, and the Borough may seek advice from a qualified technical expert. All costs of the expert’s review and report shall be paid by the applicant. A negative report by the technical expert and the applicant’s refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
(2)
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Council, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to comply with the performance standards, said costs shall be borne by the Borough.
(3)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with Article VII below and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this all result in the revocation of the occupancy permit for the facility or use.





