The purpose of this article is to ensure adequate protection
for the residents of the Borough against the possible negative effects
of certain uses, processes or activities applicable to all districts,
including C-1, C-2 and I.
A.
Interpretation and application of standards.
(1)
The performance standards contained herein shall be the minimum standards
to be met and maintained by all uses established after the effective
date of this chapter. Standards established by the Pennsylvania Department
of Environmental Protection or the United States Environmental Protection
Agency shall apply where those standards are more restrictive than
the standards set forth herein.
(2)
If any existing use or building or other structure is extended, enlarged
or reconstructed, the performance standards herein shall only apply
to such extension, enlargement or reconstruction.
B.
Application submittal. Applications for industrial uses shall be
accompanied by a certification from a professional engineer, registered
in the Commonwealth of Pennsylvania, that the proposed use can meet
the performance standards set forth herein. Applications shall include
the following information:
(1)
Plans of existing or proposed construction and development;
(2)
A description of existing or proposed machinery, processes and products;
(3)
Specifications for the mechanisms and techniques used or proposed
to be used in restricting possible dangerous or objectionable conditions
as set forth herein; and
(4)
Measurement or estimate of the amount or rate of emission of any
dangerous or objectionable elements as set forth herein.
C.
Application review. All applications for industrial uses shall be
reviewed by the Borough Engineer for compliance with these standards.
No such application shall be approved until it is certified, in writing,
by the Borough Engineer that the proposed use can meet these performance
standards.
D.
Enforcement costs.
(1)
The Code Enforcement Officer shall investigate any purported violation of the performance standards contained herein. Enforcement procedures shall be in accordance with Article XV of this chapter.
(2)
If violations, as alleged, are found, the costs of such determinations
shall be charged against those responsible for the violations, in
addition to such other penalties as may be appropriate.
A.
Air quality. There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter, toxic or noxious, into the air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), Article III, Title 25, Pennsylvania Department of Environmental Protection rules and regulations.[1]
[1]
Editor's Note: See 25 Pa. Code Chs. 123 and 131.
B.
Fire and explosives. All activities and all storage of flammable
and explosive material at any point shall be provided with adequate
safety devices against the hazard of fire and explosion, and adequate
fire-fighting and fire-suppression equipment, and devices as detailed
and specified by the laws of the Commonwealth of Pennsylvania. All
buildings and structures and activities within such buildings and
structures shall conform to all applicable codes and ordinances. Any
explosive material shall conform to the requirements of Chapter 211,
Title 25, Pennsylvania Department of Environmental Protection rules
and regulations,[2] for storing, handling and use of explosives.
[2]
Editor's Note: See 25 Pa. Code Ch. 211.
C.
Glare and heat. No direct or sky-reflected glare, whether from floodlights
or high temperature processes such as combustion or welding or otherwise,
so as to be visible at the lot line shall be permitted. These regulations
shall not apply to signs or floodlighting of parking areas otherwise
permitted by this chapter. There shall be no emission or transmission
of heat or heated air so as to be discernible at the lot line.
D.
Liquid and solid waste. There shall be no discharge at any point
into any public or private sewerage system or watercourse or into
the ground of any materials in such a way as to contaminate or otherwise
cause the emission of hazardous materials in violation of the laws
of Clifton Heights Borough or the Commonwealth of Pennsylvania, and
specifically of Chapters 73, 75, 95 and 97, Title 25, Pennsylvania
Department of Environmental Protection rules and regulations.[3]
[3]
Editor's Note: See 25 Pa. Code Chs. 73, 75, 95 and 97.
E.
Noise. No person shall operate, or cause to be operated, on private
or public property any source of continuous sound (any sound which
is static, fluctuating or intermittent, with a recurrence greater
than one time in any fifteen-second interval) in such a manner as
to create a sound level which exceeds the limits set forth in the
following table when measured at or within the property boundary of
the receiving land use:
|
Receiving Land Use Category
|
Time
|
Sound-Level Limit
(dBA)
| |
|---|---|---|---|
|
Residential, public space, open space, institutional (schools,
churches or similar uses)
|
1) 7:00 a.m. to 10:00 p.m.
|
60
| |
|
2) 10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays
|
50
| ||
|
Commercial or business uses
|
1) 7:00 a.m. to 10:00 p.m.
|
65
| |
|
2)10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays
|
60
| ||
|
Industrial
|
At all times
|
70
|
(1)
For any source of sound which emits a pure tone, the maximum sound-level
limits set forth in the above table shall be reduced by five dBA.
For any source of sound which emits an impulsive sound (a sound of
short duration, with an abrupt onset and rapid delay and an occurrence
of not more than that one time in any fifteen-second interval), the
excursion of sound-pressure level shall not exceed 20 dBA over the
ambient sound level, regardless of time of day or night or receiving
land use, using the fast meter characteristics of a Type II meter,
meeting the ANSI specifications Sl.4-1971.
(2)
The maximum permissible sound levels as listed in the previous table
shall not apply to any of the following noise sources:
(a)
The emission of sound for the purpose of alerting persons to
the existence of an emergency or associated practice drills.
(b)
Emergency work to provide electricity, water or other public
utilities when public health or safety is involved.
(c)
Domestic power tools.
(d)
Noises emanating from construction and maintenance activities
when occurring between 7:00 a.m. and 7:00 p.m.
(e)
Public celebrations permitted by the Borough.
F.
Odors. No uses shall emit odorous gases or other odorous matter in
such quantities to be offensive at any point on or beyond its lot
lines. The guide for determining such quantities shall be the fifty-percent
response level of Table 1 (Odor Thresholds in Air), "Research of Chemical
Odors: Part 1 — Odor Threshold for 53 Commercial Chemicals,"
October 1986, Manufacturing Chemists Association, Inc., Washington,
D.C.
G.
Vibration. 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.
H.
Radioactivity or electrical disturbances. There shall be no activities which emit dangerous radioactivity at any point. There shall be no radio or electrical disturbances adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance. If any use is proposed which incorporates the use of any radioactive material, equipment or supplies, such use shall be in strict conformity with Chapters 221, 223, 225, 227 and 229, Title 25, Article V, Pennsylvania Department of Environmental Protection rules and regulations.[5]
[5]
Editor's Note: See 25 Pa. Code Chs. 221, 223, 225, 227 and
229.
I.
Public health and safety. No use shall create any other objectionable
condition in an adjoining area which will endanger public health and
safety or be detrimental to the public use of the surrounding area.
