[Amended 11-11-2002 by Ord. No. 226]
All uses in all districts shall comply with all the performance standards listed in Article
IV.
The developer shall determine the presence of
environmental or natural features on the site and shall meet the following
standards of environmental protection. Site alterations, regrading,
filling or clearing of vegetation prior to submission of the plans
for development shall be a violation of this chapter.
A. Floodplains. All such lands are identified on the
Zoning Map. See Article VIII, Floodplain District, for specific regulations.
B. Slopes. In areas of slopes, i.e., those above 8%,
the following standards shall apply:
(1) Eight percent to 15%: No more than 60% of such areas
shall be developed and/or regraded or stripped of vegetation.
(2) Fifteen percent to 25%: No more than 40% of such areas
shall be developed and/or regraded or stripped of vegetation.
(3) Twenty-five percent or more: No more than 20% of such
areas shall be developed and/or regraded or stripped of vegetation.
C. Areas of moderate to high landslide susceptibility
produced by the influence of natural and/or man-related activity.
Plans for development within these areas must be submitted by a professional
engineer or landscape architect and approved by the governing body.
D. Woodlands. No more than 50% of any woodland, exclusive
of public streets and rights-of-way, may be cleared or developed.
The remaining 50% shall be maintained as permanent open space.
E. Ponds or watercourses. These areas shall be left as
permanent open space. No development, filling, piping or diverting
shall be permitted except for required roads. Any soil disturbance
or removal of vegetation within 100 feet of such ponds or watercourses
is prohibited except where primary access is required. In such instances,
additional environmental studies may be required at the discretion
of the Bell Acres Planning Commission or Bell Acres Borough Council.
For purposes of this section, a watercourse shall be defined as any
stream or stream bed that has a contributory watershed of at least
10 acres, while a pond is defined as containing at least 10,000 square
feet of surface, measured at the high water mark.
[Amended 12-11-2006 by Ord. No. 247]
F. Stormwater drainage and management. Stormwater drainage and management plans that show how all stormwater is to be retained on site and infiltrated shall be submitted for any proposed residential development of three family units or more and for all nonresidential development. An informal plan describing the stormwater runoff shall be submitted for one and two dwelling units; however, Council reserves the right to request more definitive information. The intent of stormwater management is to limit postdevelopment runoff to predevelopment levels and to alleviate or mitigate downstream damage due to storm flows. Detailed requirements for stormwater drainage and management are specified in Chapter
149, Subdivision and Land Development, §
149-33 and Appendix E. It should be noted that on-site storm water retention is the preferred option and that the developer must show why this is not feasible if such plans do not include such a solution.
[Amended 12-11-2006 by Ord. No. 247]
G. Soil erosion and sedimentation.
(1) All development shall be conducted in such a manner
so as to minimize accelerated erosion and sedimentation damage and
shall comply with the requirements of the Clean Streams Law, Act of
June 22, 1937, P.L. 1987.
(2) Soil erosion and sedimentation control shall be in
accordance with the Pennsylvania Department of Environmental Resources,
Soil Erosion and Sedimentation Control Manual.
(3) Soil erosion and sedimentation control plans shall
be submitted to the Borough for preliminary and final plan approval
for any proposed residential development of three-or-more-family units
and for all nonresidential development.
Buffer yards are required for all nonresidential
uses where they adjoin a residential district, unless the use is permitted
in the adjoining residential district.
A. Buffer yards are required for certain residential
uses and all nonresidential uses where they adjoin a residential district,
unless the same nonresidential use exists in the adjoining residential
district.
[Amended 3-9-2020 by Ord. No. 302]
B. The buffer yard may be within the required front,
side or rear yards, and, in case of conflict, the larger yard requirements
shall apply.
C. All buffer yards shall be maintained and kept clean
of all debris, rubbish, weeds and tall grass by the property owner.
D. No uses except plant materials and vehicular and pedestrian
access points shall be permitted in the buffer yard, except that decorative
screen walls and fences, specially approved by the Borough Council,
may be incorporated.
E. Buffer areas described: Buffer areas, as defined by this Chapter and required by §
165-26 and this section, shall meet all of the following criteria:
(1) Buffer Area A shall contain two rows of plantings.
Each row shall consist of a mixture of 30% deciduous and 70% evergreen
spaced within the row a minimum of 15 feet apart, measured from the
vertical center lines of adjacent trees. The two rows shall be staggered
in a manner which shall result in adjacent trees on two different
rows being no more than 10 feet apart, measured from the vertical
center lines of the trees. The depth of Buffer Area A shall be 25
feet as measured from the property line.
(2) Buffer Area B shall contain one row of plantings which
shall consist of a mixture of 30% deciduous and 70% evergreen spaced
within the row a minimum of 10 feet apart, measured from the vertical
center lines of adjacent trees. The depth of Buffer Area B shall be
15 feet as measured from the property line.
(3) Buffer Area C shall be comprised of a continuous,
compact evergreen hedge or line of evergreen trees that will grow
together when mature which are a minimum of six feet in height at
the time of planting. The depth of Buffer Area C shall be 10 feet
as measured from the property line.
F. None of the required plantings shall encroach across
any property line. All plantings shall be located a minimum of 2 1/2
feet from the property line which constitutes the exterior boundary
of the buffer area.
[Amended 11-11-2002 by Ord. No. 226]
G. In the event that existing vegetation and/or existing
topography provides screening which is adequate to meet the intent
of the required buffer area to screen the buildings, activities and
parking areas from adjoining residential properties, the Borough Council,
upon recommendation by the Planning Commission, may determine that
the existing topography and/or vegetation constitutes all or part
of the required buffer area. If such a determination is made, the
applicant may be required to record a conservation easement of the
depth specified by the Borough Council to guarantee that the existing
topography and/or vegetation will not be disturbed or removed from
the approved buffer area.
[Amended 11-11-2002 by Ord. No. 226]
H. In the event that a public street right-of-way, dedicated and accepted by the Borough, separates the two dissimilar uses specified, the buffer area shall not be required, provided the width of the right-of-way equals or exceeds the width of the required buffer area and one row of low-level plantings or a landscaped earthen mound is provided on the property to screen headlights from view as described in §
165-55L below.
[Added 11-11-2002 by Ord. No. 226]
I. Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of §
165-56 of this Chapter.
[Added 11-11-2002 by Ord. No. 226]
J. No structures or uses shall be permitted in the required
buffer area other than active or passive recreation facilities and
stormwater management facilities, provided the structures or uses
do not interfere with the required plantings in the buffer area and
provided all plantings are located outside any stormwater management
structure. Structures or uses not permitted within the required buffer
area include, but are not limited to, buildings, accessory structures,
parking spaces, access drives and lighting devices.
[Added 11-11-2002 by Ord. No. 226]
K. Buffer areas required: Buffer Areas A, B, and C listed
in § 166-55E above are required under the following circumstances:
[Added 11-11-2002 by Ord. No. 226]
(1) Buffer Area A: Buffer Area A shall be required:
(a)
Along all property lines where any development
in the M-1, M-2 or M-3 District adjoins property in an R-1, R-2, R-3,
R-4 or RR-1 District.
[Amended 12-11-2006 by Ord. No. 247]
(b)
Where the express standards and criteria for a conditional use or permitted uses in §
165-26 of this chapter specify that Buffer Area A is required.
(c)
Along all property lines where a planned residential
development which contains townhouses or garden apartments adjoins
property in an R-1, R-2, R-3 or RR-1 District.
[Amended 12-11-2006 by Ord. No. 247]
(2) Buffer Area B: Buffer Area B shall be required:
(a)
Where the express standards and criteria for a conditional use or permitted uses in §
165-26 of this chapter specify that Buffer Area B is required.
(b)
Along all perimeter property lines where a planned
residential development which contains single-family dwellings or
duplexes adjoins property in an R-1, R-2, R-3 or RR-1 District.
[Amended 12-11-2006 by Ord. No. 247; 3-9-2020 by Ord. No. 302]
(3) Buffer Area C: Buffer Area C shall be required:
(a)
Where the express standards and criteria for a conditional use or permitted uses in §
165-26 of this Chapter specify that Buffer Area C is required.
(b)
On developed properties in the M-1, M-2 and
M-3 District where existing conditions such as building location and
existing paving of the parking lot make it impossible to meet the
requirements for Buffer Area B along a property line which adjoins
property in the R-1, R-2, R-3, R-4 or RR-1 District.
[Amended 12-11-2006 by Ord. No. 247]
(c)
Along all perimeter property lines in the R-3
and R-4 Districts where townhouses or apartments adjoin R-3 and R-4
zoned property containing a single-family dwelling or duplex.
[Amended 3-9-2020 by Ord. No. 302]
L. Low-level screen required. In addition to the required
plantings in Buffer Areas A, B, and C, wherever 20 or more parking
spaces face the required buffer area, a row of low level evergreen
shrubs or hedges shall be planted or earthen mounding shall be constructed
in the buffer area which shall provide a year-round visual screen
capable of acting as a barrier to light beams emanating from the headlights
of passenger cars. These low-level shrubs, hedges or mounds shall
be installed so that a person facing a passenger car with the shrubs
or hedges or mound between him and the car could observe the car's
low beam lights only as a result of the diffused or reflected light
from the headlights and not because the direct beam from those lights
was observable. The earthen mound shall be a minimum of three feet
in height at its center point with a minimum width at the base of
10 feet. Low-level shrubs or hedges shall be a minimum of three feet
at the time of planting.
[Added 11-11-2002 by Ord. No. 226]
M. Conflict between buffer area and yard requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of §
165-49 or
165-50, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
[Added 11-11-2002 by Ord. No. 226]
N. Existing structures in buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure which encroaches on the required buffer area. The required buffer area, as determined by §
165-55K, shall apply on all other sides of the existing structure.
[Added 11-11-2002 by Ord. No. 226]
O. Existing trees in buffer areas.
[Added 11-11-2002 by Ord. No. 226]
(1) Where trees already exist within the required buffer
area, these trees shall remain undisturbed, except that diseased or
dead material may be removed. If it is determined that some healthy
trees must be removed in conjunction with development, a written request
to remove such trees must be submitted to the Borough, along with
an explanation detailing the rationale for the request. These trees
shall not be removed until the Borough has given written authorization
permitting said removal. This permission will not be unreasonably
denied; however, those who violate this subsection shall be subject
to the maximum penalties authorized by this Chapter.
(2) When any trees, regardless of their physical condition,
are removed, they shall be replaced by trees suitable to the environment.
All such replacement planting shall be in accordance with accepted
conservation practices.
P. Size of trees in required buffer areas.
[Added 11-11-2002 by Ord. No. 226]
(1) Any existing trees within the required buffer area
which are a minimum of four inches in diameter at a point one foot
above the ground shall be preserved and shall count as a required
tree within the buffer area. At no point, however, shall any existing
trees and required trees be separated at a distance greater than the
distance specified in the required buffer area.
(2) All trees required to be planted within the buffer
area shall be a minimum of two inches in diameter at a point one foot
above the ground measured along the trunk of the planted tree, which
tree shall be planted in accordance with accepted conservation practices.
All required trees shall be a minimum of six feet in height at time
of planting measured from the ground adjacent to the planted tree
to the top of the tree.
Q. Responsibility for maintenance. It shall be the responsibility
of the owner/applicant to assure the continued growth of all required
landscaping and/or to replace the same in the event of frost, vandalism,
disease or other reasons for the discontinued growth of the required
trees, shrubs and bushes.
[Added 11-11-2002 by Ord. No. 226]
R. Stormwater management facilities in buffer areas.
Stormwater management facilities and structures may be maintained
within a buffer area, but the existence of such facilities or structures
shall not be a basis for a failure to meet the planting requirements.
[Added 11-11-2002 by Ord. No. 226]
S. Landscaping of open areas. All yard areas not utilized
for parking facilities, driveways, gardens, the planting of trees
or shrubs, flower, vegetable or herb beds or similar uses must be
seeded, sodded or landscaped within a reasonable period of time. The
phrase "a reasonable period of time" shall be interpreted to be within
two weeks after construction activities are completed, unless those
activities are completed between a November 1 through April 1 time
period. In such case, the required sodding or seeding must occur within
two weeks of April 1.
[Added 11-11-2002 by Ord. No. 226]
T. Landscaping specifications. Landscaping shall be provided
in accordance with the following specifications:
[Added 11-11-2002 by Ord. No. 226]
(1) Planting required in buffer areas as outlined in §
165-55K cannot be substituted for any required planting mandated in this subsection.
(2) A landscaping plan, with detailed drawings, must be
submitted prior to building permit application, and this landscaping
plan must contain and show the following information:
(a)
All required buffer areas with proposed plantings
(identifying each proposed tree, bush or shrub) drawn to scale and
identifying the height and width of any proposed mounds.
(b)
All required planting independent of any buffer
area requirements (identifying each tree, bush, shrub, the use of
sod or seeding, etc.) drawn to scale.
(c)
Any planting in excess of the requirements in §
165-55K of this Chapter.
(d)
Any existing trees or vegetation which are to
be preserved, accurately identifying their relative location.
(e)
Any existing trees or vegetation which will
be removed, accurately identifying their relative location.
(3) At least one deciduous tree must be planted for each
1,000 square feet of lot area occupied by the building footprint in
conjunction with any nonresidential development.
(4) At least one deciduous tree must be planted for each
dwelling unit in conjunction with any multifamily development.
(5) All trees which are required to be planted as per
the regulations of this subsection shall be a minimum of two inches
in diameter at a point one foot above the ground at the time of planting
measured along the trunk of the planted tree which tree shall be planted
in accordance with accepted conservation practices.
(6) In conjunction with the development of property for
any use, the applicant shall show that the removal of any trees or
natural vegetation is necessary for the imminent and orderly development
of the property. "Imminent development" shall be considered to be
development which is reasonably expected to commence, and for which
there are realistic plans to commence, on a minimum eight hours per
day, 40 hours per week basis (utilizing a five day on, two day off,
standard work week basis) within 30 days of the removal of trees or
vegetation and for which a land development plan and landscaping plan
have been submitted and approved by the Borough.
(7) Any existing trees which are not disturbed and are
not located within a required buffer area and are a minimum of four
inches in diameter at a point one foot above the ground shall count
towards the required number of trees to be planted outside of the
buffer area.
(8) In parking areas containing more than 20 spaces, at
least 5% of the interior parking area shall be landscaped with plantings,
and one tree for each 10 spaces shall be installed.
(9) Whenever an open parking area abuts a public street,
a planting strip, at least five feet in depth, planted and maintained
with shrubbery, trees or other landscape or decorative materials,
shall be installed across the entire frontage of the property in order
to prohibit vehicles access except at approved ingress and egress
points.
(10)
All areas not utilized for structures, driveways, planting strips or parking facilities must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be given the same interpretation given that phrase as it is used in §
165-55S of this Chapter.
U. Posting of bond for landscaping. A maintenance bond
in the form of cash, certified check or letter of credit shall be
posted with the Borough in the amount of 15% of the total cost of
landscaping shown on the approved landscaping plan for a period of
two years from the date of installation of the landscaping materials.
The maintenance bond shall guarantee replacement of the required landscaping
materials during the term of the bond.
[Added 11-11-2002 by Ord. No. 226]
No use shall emit odorous gases or other odorous
matter in such quantities 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 50% response level of Table I (Odor Thresholds
in Air), Research on Chemical Odors: Part I – Odor Thresholds
For 53 Commercial Chemicals, October 1968, Manufacturing Chemists
Association, Inc., Washington, D.C.
No emission at any point from any chimney or
otherwise of visible smoke from commercial and industrial uses in
excess of that permitted by the Department of Environmental Resources
(DER) shall be permitted.
[Amended 3-13-2022 by Ord. No. 313]
The following standards shall apply to the design and operation
of all outdoor lighting within the Borough.
A. The purpose of this section is to establish minimum standards for
outdoor lighting to:
(1) Provide for and control lighting in outdoor places where public health,
safety, and welfare are potential concerns.
(2) Protect neighbors and the night sky from nuisance glare and stray
light from improperly aimed, placed, applied, maintained, or shielded
light sources.
B. The following definitions shall apply to this section:
FOOTCANDLE
Unit of light intensity stated in lumens per square foot
and measurable with an illuminance meter (i.e., light meter) at ground
level.
FULL CUTOFF
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or
above an angle 10° below that horizontal plane, at all lateral
angles around the fixture.
GLARE
Excessive brightness in the field of view that causes loss
in visual performance or annoyance, jeopardizing health, safety or
welfare.
ILLUMINANCE
The quantity of light striking a surface as measured in footcandles.
LIGHT POLLUTION
The excessive, misdirected, or obtrusive artificial light
that washes out starlight in the night sky, interferes with astronomical
research, disrupts ecosystems, has adverse health effects, causes
a nuisance, or wastes energy.
LIGHT TRESPASS
Unwanted light emitted by a lighting fixture or installation
which is cast beyond the boundaries of the property on which the lighting
installation is sited.
LUMEN
The International System of Units (SI) unit of luminous flux,
a measure of the total quantity of visible light emitted by a source.
LUMINAIRE
A complete lighting unit consisting of a light source(s)
together with all parts designed to control the light distribution,
and any other mechanical, electrical, or decorative parts.
RECREATIONAL USE LIGHTING
Lighting used or designed for the purpose of lighting any
principal or accessory uses of land, whether indoors or outdoors,
intended for the pursuit of sports, recreation, or leisure activities,
including, but not limited to playing fields, swimming pools, golf
courses, tennis courts, or amphitheaters, and including both public
and private uses.
SHIELDED
A luminaire from which no direct glare is visible at normal
viewing angles by virtue of being properly aimed, oriented, and located
and properly fitted with such devices as shields, barn doors, baffles,
louvers, skirts or visors.
C. Applicability. Unless otherwise specified, outdoor lighting for all
uses and areas in the Borough shall be installed and provided in accordance
with the following standards. Where a provision of this chapter is
found to be in conflict with this section, the provision which establishes
the more restrictive standards shall apply.
(1) This section shall not apply to the following:
(a)
Federal- or state-required security lighting and air travel
safety lighting are exempted from the provisions of this section.
(b)
Temporary lighting used for emergency or public repair activities.
(c)
Temporary holiday and special event lighting, provided that:
[1]
Temporary holiday lighting shall be situated to prevent glare
and light trespass. Any flood or spotlights shall be directed away
from adjacent properties and roadways.
[2]
Special event lighting shall not operate beyond the conclusion
of the event. Any flood or spotlights shall be directed away from
adjacent properties and roadways.
(d)
Permanent lighting utilized by public safety, law enforcement,
or emergency management services providers.
(2) Nonconforming lighting. This section shall apply to any luminaire
or lighting installation in existence as of the effective date of
this section.
(a)
A nonconforming luminaire or lighting installation shall be
made to conform with the requirements of this section upon:
[1]
A change in the principal use of the property;
[2]
The construction, or reconstruction of the structure upon which
any nonconforming luminaire or lighting installation is located;
[3]
An increase in the number of existing luminaires by 50% or more,
or an upgrade, increase in height, or other significant modification
to 50% or more of the existing luminaires;
[4]
The destruction of the existing nonconforming lighting or luminaire
whether intentional or by accident, casualty, or natural disaster;
or
[5]
Abandonment of the lighting, the use of the property, or the
structure upon which the lighting is located for a period of one year
or more.
D. Lighting standards and design criteria.
(1) All outdoor lighting shall be aimed, located, designed, fitted, and
maintained so as not to create glare, light pollution and light trespass.
Luminaires and ancillary equipment shall be maintained so as to always
meet the requirements of this section.
(2) Nonresidential use lighting. Unless otherwise stated in this chapter,
the following shall apply to all outdoor lighting associated with
nonresidential uses:
(a)
The maximum intensity at any given point shall not exceed 12
footcandles.
(b)
The average intensity of all parking lots, driveways and walkways
shall not exceed 3.5 footcandles.
(c)
At any nonresidential property line, or street right-of-way
line, the maximum intensity shall not exceed 1.0 footcandles.
(d)
At any residential property line, the maximum intensity shall
not exceed 0.1 footcandles.
(e)
All outdoor lighting shall use luminaires that are full cutoff
in design.
(f)
Luminaires shall be equipped internally with louvers or shields
or be capable of being equipped externally with light-directing devices
such as shields, visors, or hoods when required by topography or other
site conditions.
(g)
The maximum luminaire mounting height shall not exceed 25 feet,
except that in instances where the luminaire is to be located within
100 feet of any residential building, it shall not exceed 20 feet.
(3) Residential use lighting. Unless otherwise stated in this chapter,
the following standards shall apply to all outdoor lighting located
on a property utilized for residential purposes:
(a)
All lighting, including flood lights and spotlights shall be
installed or aimed so that they do not project their output into the
windows of neighboring residences, adjacent uses, directly skyward,
or onto a roadway.
(b)
The maximum luminaire mounting height shall not exceed 20 feet.
(c)
At any property line, the maximum intensity shall not exceed
0.1 footcandles.
(4) Sign lighting. All lighting associated with signs shall comply with standards contained in Article
VI.
(5) Architectural lighting. Luminaires used for architectural lighting
(e.g. facade, fountain, feature and landscape lighting) shall be designed,
fitted, and aimed so as to not project their output beyond the objects
intended to be illuminated.
(6) Recreational use lighting.
(a)
Recreational use lighting, with the exception of recreational use lighting accessory to a single-family dwelling or duplex, is permitted as a conditional use accessory to the recreational use proposed to be lighted and shall be permitted only in those districts in which that recreational use is permitted. Recreational use lighting shall be processed subject to the procedures of Article
X of this chapter.
(b)
All applications for recreational use lighting must include
a lighting plan including the content described in §§ 165-60(E)(a)[1]
through [4] and § 165-60(E)(b)[1] through [6] below.
(c)
Recreational use lighting shall be turned off no later than
9:00 p.m. Sunday through Thursday and 10:00 p.m. Friday and Saturday.
(d)
The maximum mounting height for all recreational use lighting
shall be the minimum necessary to adequately and safely light the
recreational use proposed to be lighted, but at no time shall exceed
the following:
Use
|
Mounting Height
(feet)
|
---|
Basketball
|
20
|
Football
|
80
|
Soccer
|
80
|
Baseball
|
|
Radius of 200 feet
|
70
|
Radius of 300 feet
|
80
|
Lacrosse
|
80
|
Miniature golf
|
20
|
Swimming pool aprons
|
20
|
Tennis
|
20
|
Track
|
20
|
(e)
The maximum intensity at any property line or street right-of-way
line shall not exceed 0.1 footcandles at grade.
(f)
Recreational use lighting associated with recreational uses
accessory to a single-family dwelling or duplex must comply with the
standards for residential use lighting, and shall not require conditional
use approval.
E. Lighting plans. A lighting plan shall be required for any land development
or planned residential development within the Borough subject to the
following:
(1) For all land development plans proposing outdoor lighting, a lighting
plan shall be submitting with the following content:
(a)
Layout of the proposed luminaire locations.
(b)
An isometric contour plot of the site illumination coverage.
(c)
A point-by-point plot using a ten-foot-by-ten-foot illuminance
grid at initial illumination levels of the fixtures. This shall include
a statistical summary of typical areas and include minimum, average
and maximum values and uniformity ratios that demonstrate compliance
with the intensities and uniformities set forth in this section.
(d)
Description of the equipment, including luminaire catalog cuts,
photometrics, glare-reduction devices, lamps, control devices, mounting
heights and mounting methods proposed.
(2) For all land development plans proposing recreational use lighting,
in addition to the above content, the following shall also be provided:
(a)
Plan views containing a layout of the facility and showing pole
locations and the location of residences on adjoining properties.
(b)
Elevation views containing pole and luminaire mounting heights,
horizontal and vertical aiming angles and luminaire arrays for each
pole location.
(c)
Elevations containing initial vertical illuminance plots at
the boundary of the site, taken at a height of five-foot line of sight.
(d)
Elevations containing initial vertical illuminance plots on
the windowed facades of all residences facing and adjacent to the
facility. Such plots shall demonstrate compliance with the light trespass
and glare control requirements of this section.
(e)
Proposed frequency of the use of the facility during hours of
darkness on a month-by-month basis and proposed time when the sports
lighting will be extinguished.
(f)
A narrative describing the measures proposed to achieve minimum
off-site disturbance.
(g)
Documentation sufficient to demonstrate to the reasonable satisfaction
of the Borough Engineer that the proposed mounting height of the recreational
use lighting is the minimum necessary to adequately and safely light
the recreational use proposed to be lighted.
(3) Lighting plan review and approval. Lighting plans shall be included with the preliminary applications for the proposed land development or planned residential development, and reviewed in accordance with requirements of Chapter
149, Article
II or Article VII of this chapter respectively.
The ambient sound level of any operation (other
than the operation of motor vehicles or other transportation facilities,
operations involved in the construction or demolition of structures,
emergency alarm signals or time signals) shall not exceed the decibel
levels listed in the tables shown.
A. The sound pressure level or ambient level is the all-encompassing
noise associated with a given environment, being a composite of sounds
from any source, near and far. For the purpose of this chapter, "ambient
noise level" is the average over 15 minutes of the alleged offensive
noise, excluding random or intermittent noises. Averaging may be done
by instrument analysis in accordance with American National Standard
S.13-1971, or may be done manually as follows:
(1) Observe a sound-level meter for five seconds and record
the best estimate of central tendency of the indicator needle and
the highest and lowest indications.
(2) Repeat the observations as many times as necessary
to provide that observations be made at the beginning and at the end
of the fifteen-minute period and that there shall be at least as many
observations as there are decibels between the lowest low indication
and the highest high indication.
(3) Calculate the arithmetical average of the observed
central tendency indications.
B. It shall be unlawful for any person to operate any
fixed machinery or equipment or similar mechanical device in any manner
so as to create any noise which would cause the noise level measured
at the property line of the property affected by the noise emission
to be beyond permitted levels.
(1) Noise limits shall not exceed the following:
[Amended 12-11-2006 by Ord. No. 247]
Zoning District
|
Time Period
|
Sound Level
(dBa)
|
---|
R1, R2, R3, R4, RR-1
|
Anytime
|
55
|
M1
|
7:00 a.m. to 10:00 p.m.
|
60
|
M1, M2
|
10:00 p.m. to 7:00 a.m.
|
55
|
(2) If the measurement location is on a boundary between
two zoning districts, the lower sound level shall apply.
No discharge at any point into any private sewage
disposal system or stream or into the ground of any materials in such
a way or in such nature or temperature as can contaminate any water
supply or otherwise cause the emission of dangerous or objectionable
elements or the accumulation of solid wastes conducive to the breeding
of rodents or insects is permitted.
No activities producing heat, cold, dampness
or movement of air are permitted which shall produce any material
effect on the temperature, motion or humidity of the atmosphere at
the lot line or beyond.
No use shall cause earth vibrations or concussions
in excess of the standards outlined below, with the exception of that
vibration produced as a result of construction activity. The standards
below are as set forth in the Table of Frequency Amplitude Relations.
Vibration shall be expressed as displacement in inches and shall be
measured with a standard three-component measuring system, which is
a device for recording the intensity of any vibration in three mutually
perpendicular directions.
Table of Frequency Amplitude Relations
|
---|
Frequency of Ground Motion
(cycles per second)
|
Maximum Amplitude of Ground Motion in
Inches, Not More Than
|
---|
Up to 10
|
0.0305
|
20
|
0.013
|
30
|
0.0102
|
40
|
0.0076
|
50
|
0.0061
|
60
|
0.0051
|
No electrical disturbance adversely affecting
the operation at any point of any equipment other than that of the
creator of such disturbance shall be permitted.
No activity shall emit dangerous radioactivity
which exceeds the standards established by the United States Atomic
Energy Commission Rules and Regulations, Title 10, Atomic Energy,
Part 20, Standards for Protection Against Radiation.
Refer to Chapter
61, Building Construction, Article
II, Floodplain Management.