§ 175-50General application.
§ 175-51Performance standards procedure.
§ 175-52Plans: descriptions; consultants.
§ 175-53Fire protection.
§ 175-54Radioactivity or electrical disturbance.
§ 175-55Noise.
§ 175-56Vibration.
§ 175-57Glare.
§ 175-58Smoke.
§ 175-59Odor.
§ 175-60Solid waste disposal.
§ 175-61Air pollution.
§ 175-62Hazardous waste.
§ 175-63Liquid waste or sewage.
Permitted, conditional and special exception uses enumerated in Article III and uses accessory thereto are subject to the following performance standards and procedures.
Prior to construction and operation. Any application for a building permit, zoning permit or occupancy 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.
Continued compliance. Continued compliance with performance standards is required, and enforcement of continued compliance with these performance standards shall be the duty of the Zoning Officer.
Determination of violation. The Zoning Officer shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided under § 616.1, Enforcement notice, of the Pennsylvania Municipalities Planning Code, Act 247.
All permitted, conditional and special exception uses shall comply with the requirements of this article. In order to determine whether a proposed use will conform to the requirements of this chapter, the Zoning Officer or the appropriate reviewing body may require a plan of the proposed construction or development and description of machinery or techniques to be used during operation of the proposed use. The appropriate reviewing body may also obtain a qualified consultant to testify.
Fire-prevention and -fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involves the handling or storage of flammable or explosive materials.
All industrial uses shall be carried on only in buildings classified for their use and structure by the State Department of Labor and Industry and shall be carried on in such a manner as to conform fully to the standards herein and with such precautions against fire and explosion hazards as to produce no exposure hazard to a use on an adjacent property, either at present or in the future.
The storage, utilization or manufacture of materials or products, ranging from free to active burning, as determined by the Fire Chief, is permitted, subject to compliance with all other performance standards, and provided that the following conditions are met:
Such materials or products shall be stored, utilized or produced within completely enclosed buildings or structures reviewed by the Fire Chief.
If required, all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the Fire Chief.
Any commercial or industrial activity, including the storage of bulk chemicals, oils, gasoline, compressed gas, etc., if not covered by local, county or state codes, shall be covered by safety standards established for particular products and materials by commercial and industrial codes, regulations and laws, including the requirement to install approved and recommended smoke detectors. All activity shall be carried on only in buildings classified as acceptable by the National Board of Fire Underwriters. All new structures shall be constructed according to the fire protection provisions of the Pennsylvania Department of Labor and Industry for those type buildings requiring its review and approval.
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 or adversely affecting any persons in the vicinity of such disturbance.
No activity shall cause repetitive or continuous electrical disturbance adversely affecting television, radio or other equipment in the vicinity.
Protection against the effects of noise exposure shall be provided by all commercial and industrial users within the Township. This does not pertain to normal truck and vehicular noises. Noise as a consequence of regular activities, emitted from commercial or industrial operations inside or outside a building, shall not exceed the acceptable maximum sound pressure level for residential areas measured with a sound level meter from the closest residence and conforming to standards prescribed by the American National Standards Institute.
Noise which is determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled. Fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement. Noise shall not be such as to create a nuisance or hazard.
Any use or portion thereof creating intense or earthshaking vibrations shall be set back from the lot lines on all sides to a distance which will ensure that in no case shall any such vibration create a nuisance or hazard beyond such lot lines. Vibrations detectable without instruments on neighboring property shall be prohibited.
Uses, signs or lighting devices which produce either continuous or intermittent objectionable direct or reflected glare on adjoining properties or public thoroughfares shall not be permitted.
The maximum amount of smoke emission permissible shall be determined by use of the Standard Ringlemann Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed. Exception to this may occur when starting fires or when there is a temporary breakdown of equipment.
No use shall emit odorous matter in such quantities as to be readily detectable at any point along or behind the boundaries of the lot wherein it is located. Malodorous gas or matter shall not be permitted to be emitted which is so objectionable as to damage property interest on any neighboring lot.
No person or use shall dispose any solid waste matter or fill within the Township. Commercial and industrial disposal shall be disposed of in a manner approved by the Department of Environmental Protection.
Restaurants, meat markets and other food establishments will store and dispose of grease, lard and excess meat products (renderings) in closed containers. Vehicles transporting the above shall be covered at all times during transit. Haulers of the same shall keep all public rights-of-way free from any such products and odors from the same.
No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to the health of persons, to animals, vegetation or other property or which can cause any excessive soiling.
No liquid or solid waste known to be or determined to be hazardous by the Department of Environmental Protection or other appropriate state or federal agencies shall be dumped, buried or otherwise dispersed within the Township.
No discharge shall be permitted into a reservoir, sewage or storm disposal system, river or stream, open body of water or into the ground of any materials in such a way or of such nature or temperature as could contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements. Such objectionable contaminants or emissions must be treated so that insoluble substances (oils, grease, acids, alkalis or other chemicals) are in accordance with the standards as approved by appropriate agencies of the Department of Environmental Protection and the regulations of the Township.
