A. 
The landowner, person and/or entity performing any earth disturbance shall utilize sufficient measures to control sedimentation and soil erosion of lands and waters within Middle Smithfield Township.
B. 
The disturbed land area and the duration of exposure shall be kept to a practical minimum.
C. 
Except for agricultural activities, any earth disturbance requiring Monroe County Conservation District (MCCD) review and approval under state regulations, as amended, shall first require the submission of an erosion and sediment pollution control plan to the MCCD and shall be subject to the review and approval of MCCD. A copy of the approval from the MCCD as well as the approved copy of erosion and sediment pollution control plan and related documents/calculations shall be required to be submitted to the Township prior to the start of any earth disturbance.
D. 
All earth disturbance activities shall be governed by Township and state code and regulations, as amended.
A. 
No landowner, tenant or lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:
(1) 
Transmission of communicable disease, including, but not limited to, conditions that may encourage the breeding of insects or rodents.
(2) 
A physical hazard to the public or a physical hazard that could be an attractive nuisance that would be accessible by others.
(3) 
Pollution to ground waters or surface waters, other than as authorized by a state or federal permit.
(4) 
Risks to public health and safety, such as but not limited to explosion, fire, or biological and/or chemical hazards.
(5) 
Interference with the reasonable use and enjoyment of property by a neighboring landowner of ordinary sensitivities.
B. 
Additional information. If the Zoning Officer has reason to believe that the applicant for a proposed use may have difficulty complying with the standards of this article, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards for review and approval by the Zoning Officer, and/or his/her designee, prior to the issuance of any zoning permits.
A. 
The Zoning Officer may require an applicant to prove that a suspect area proposed for alteration does or does not meet the state or federal definition of a wetland.
B. 
A "wetland" shall be defined as provided under federal and state regulations, whichever is more inclusive. Wetlands shall be delineated by persons with professional training and experience in such delineations. The credentials of the person delineating the wetlands shall be submitted to the Township. The Township may require a wetland delineation whenever features are present that may indicate the possible presence of wetlands. When wetlands are present, the applicant shall prove compliance with applicable federal, state and local regulations, as amended. The Township may also require a jurisdictional determination from the US Army Corp of Engineers if deemed necessary by the Township. Refer to Chapter 160 regarding Stormwater Management Ordinance and the provisions therein shall apply.
C. 
Setback. No buildings, vehicle parking, driveways or business outdoor storage shall be located within 50 feet from the edge of a wetland or the top of a bank of any watercourse, or such greater distance as may be required by applicable federal, state or local statutes, regulations or court orders.
A. 
Sound levels. No person shall operate, or cause to be operated, within the Township, any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use when measured at the property line of the adjoining property during the times specified in the Continuous Sound Levels Table 1 set forth below and/or as otherwise required in Chapter 136. In the event there is a conflict between the provisions of this § 100-040 and Chapter 136, the more restrictive provisions shall control and govern.
B. 
Table 1: Continuous sound levels.
Receiving Land Use Category
Time
Sound Level Limit
I.
At a lot line of a residential use in a residential district
1) 7:00 a.m. - 9:00 p.m., other than Sundays, Christmas Day, Thanksgiving Day, New Years Day, Easter, Labor Day and Memorial Day.
60 dBA
2) 9:00 p.m. - 7:00 a.m., plus Sundays, Christmas Day, Thanksgiving Day, New Years Day, Easter, Labor Day and Memorial Day.
50 dBA
II.
At a lot line of a residential use in a commercial or industrial district
1) Same as above
65 dBA
2) Same as above
60 dBA
III.
At any lot line other than No. I or No. II above
At all times and days
65 dBA
Note: dBA means "A" weighted decibel
C. 
Exceptions. The maximum permissible sound levels by receiving land use established in Table 1 above do not apply to any of the following noise sources:
(1) 
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2) 
Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7:00 a.m. and 8:00 p.m., except when public health or safety is involved. Such emergency repairs shall not be restricted by time.
(3) 
Lawn mowers, snow blowers, leaf blowers and household power tools between the hours of 7:00 a.m. and 10:00 p.m.
(4) 
Licensed game hunting activities on property where such activities are authorized between the hours of 7:00 a.m. and 9:00 p.m.
(5) 
Agricultural activities, including the raising of livestock, but not exempting a commercial kennel.
(6) 
Motor vehicle operations on public streets (covered in Pennsylvania Department of Transportation Regulations, as amended).
(7) 
Public celebrations, specifically authorized by the Township.
(8) 
Unamplified human voices.
(9) 
Routine ringing of bells and chimes by a place of worship or a municipal clock.
(10) 
Snow-making within a commercial resort.
(11) 
Festivals and similar special events that involve a total maximum of 20 days per calendar year per lot.
A. 
There shall be no emission of smoke, ash, dust, dirt, fumes, vapors or gases which violate the Pennsylvania air pollution control laws or other regulations of the Pennsylvania Department of Environmental Protection (DEP) or the U.S. Environmental Protection Agency, as amended.
B. 
No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot.
A. 
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.
B. 
Exception. Subsection A above shall not apply to odors normally created as part of an agricultural or horticultural use except that no animal waste produced off of the property shall be stockpiled unless processed to eliminate all offensive odors.
A. 
No use shall produce an intense, bright light or a reflection of an intense, bright light beyond its lot lines.
(1) 
Any lighting for exterior environments shall be arranged to minimize uncontrolled light, glare, over lighting, light trespass and sky glow.
(2) 
Blinking, flashing, lights which change intensity, including beacon lights, are prohibited, except as is required by the Federal Aviation Administration for safety reasons.
B. 
The lights in and around parking areas shall provide for non-glare lights focused downward. The incident light intensity provided at ground level shall be a minimum of 0.3 foot-candle anywhere in the area to be illuminated. Lighting for parking areas shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building; whichever is less.
C. 
The objective of these specifications is to minimize undesirable off-premises effects. No use shall produce glare off the premises by illumination originating on the premises. No bare or direct light source shall be visible beyond the lot lines. Only diffused or reflected lights shall be visible beyond the lot line. Illumination from light originating on the site shall not exceed 0.5 foot-candle at the lot line of a residential or residentially zoned lot. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver's vision.
D. 
No sodium vapor lights shall be permitted.
E. 
Illumination levels. Lighting, where required by this chapter, or otherwise required or allowed by the Township, shall have luminance, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IES), as amended, unless otherwise directed by the Township. A copy of the IES recommendations shall be submitted with the Subdivision/Land Development Plan application, as regulated by the Township SALDO.
F. 
See also sign lighting regulations in § 090-140.
G. 
Gasoline sales canopies. Any canopy over gasoline pumps shall have light fixtures recessed into the canopy or screened by the canopy or enclosures or otherwise controlled so that lighting elements are not directly visible from another lot or street.
H. 
Lighting of horizontal surfaces. For the lighting of predominantly horizontal surfaces (such as parking areas, outdoor storage areas and vehicle sales areas), lighting fixtures shall be aimed downward and shall include full cut off and shielding measures as needed to properly direct the light downward.
I. 
Off premises signs. Any new exterior lighting of an off-premises sign shall be attached to the top of the off-premises sign and project downward directly onto the sign, with minimum spillover.
J. 
Lighting of businesses after hours that the business serves the public shall be reduced to a level that is necessary for safety and security within the restrictions provided for in this section.
K. 
All outside lighting within the Township shall meet and comply with the following standards and requirements:
(1) 
All lighting shall be aimed, located, designed, fitted, shielded and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(2) 
Directional luminaires such as floodlights and spotlights, when their use is specifically approved by the Township, shall be so shielded, installed and aimed that they do not project their output onto the properties of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way. Floodlights installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be adjusted and/or fitted with a shielding device to block the view of the glare source from that property.
(3) 
Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business, and until no more than one-half hour after closing, unless otherwise specifically permitted in this chapter.
(4) 
The use of floodlights and wall-mounted luminaires (wall packs) to illuminate parking areas, shall not be permitted unless it can be proven to the satisfaction of the Township that the employment of no other acceptable means of lighting is possible.
(5) 
Lighting for parking areas and vehicular and pedestrian traffic ways for commercial, industrial and institutional uses shall be automatically extinguished nightly within 1/2 hour of the close of the facility unless otherwise specifically permitted in this chapter. On/off control shall be by astronomic programmable controller with battery or capacitor power-outage reset. When after-hours site safety/security lighting is proposed, such lighting shall not be in excess of 25% of the number of fixtures required or permitted for illumination during regular business hours. The use of greater than 25% of the normal lighting for all-night safety/security lighting shall require specific Township approval, based on the unique nature of the use or elevated area crime justification. Alternatively, where there is reduced but continued onsite activity throughout the night that requires site-wide even illumination, the use of dimming circuitry to lower illumination levels by at least 50% after 11:00 p.m. or after normal business hours, or the use of motion-sensor control, shall be permitted.
(6) 
Glare control shall be achieved primarily through the use of such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.
(7) 
Except as permitted for certain recreational lighting and/or as may be specifically permitted elsewhere in this chapter, luminaires shall not be mounted in excess of 20 feet above finished grade of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically allowed by the Township, shall not be mounted in excess of 16 feet above finished grade. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the Township may, at its sole discretion, based partially on mitigation of potential off-site impacts, allow a luminaire mounting height not to exceed 25' above finished grade.
A. 
No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines, with the exception of vibration produced as a result of temporary construction activity.
A. 
Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond as the result of the operation of such equipment.