[Ord. 1112, 1/19/2010]
A.
All uses shall comply with the requirements of this Part, and the
landowner and/or developer shall demonstrate that a proposed use shall
comply with the standards below prior to the Borough issuing approval
and operation commencing on the lot. Compliance shall be determined
by the Zoning Officer with respect to permitted uses, by the Zoning
Hearing Board with respect to special exceptions, and by the Borough
Council with respect to conditional uses. In order to determine whether
a proposed use will conform to the requirements of this chapter, the
Borough may obtain a qualified consultant's report, whose cost
for services shall be borne by the applicant.
B.
All uses that require new facilities or expansion of existing facilities,
such as sewers, storm drains, fire hydrants, potable water, public
streets, streetlighting and similar services, shall obtain such approval
as required by the agency providing such service prior to project
approval. No availability of essential services shall be permitted
to be grounds for denying permits for additional development until
such services are available. The jurisdiction is not obligated to
extend or supply essential services if capacity is not available.
If capacity is available, the extension of services shall be by and
at the cost of the developer, unless the jurisdiction agrees otherwise.
All service extensions shall be designed and installed in full conformance
with the jurisdiction's standards for such service and shall
be subject to review, permit and inspection as required by other policies
or ordinances of the jurisdiction.
[Ord. 1112, 1/19/2010]
Fire protection and firefighting equipment, procedures and safety
protocols acceptable to the Borough fire standards and National Fire
Protection Association shall be readily available and followed where
there is any activity involving the handling or storage of flammable
or explosive material.
[Ord. 1112, 1/19/2010]
Unless otherwise permitted by the Borough for medical purposes,
no activity shall emit radioactivity at any point or cause electrical
disturbance adversely affecting the operation of radio or other equipment
in the vicinity.
[Ord. 1112, 1/19/2010]
Fire sirens, place of worship bells and related apparatus used
solely for public purposes shall be exempt from this requirement.
Loudspeakers associated with restaurants shall not operate between
the hours of 11:00 p.m. and 7:00 a.m. Within the R-M, C-G, or CMM
District when adjoining a residential use and OT District when adjoining
a residential use, noise in excess of 75 decibels between 7:00 a.m.
and 11:00 p.m. and 50 decibels between 11:00 p.m. and 7:00 a.m., as
measured on a decibel or sound-level meter of standard quality and
design operated on the A-weighted scale, shall not be permitted. Industry
standards and equipment shall be utilized for measuring such noise
at any and all lot lines of the subject property on which the noise
source is located. Proof of such current compliance shall be presented
to the Borough upon the request of the Zoning Officer.
[Ord. 1112, 1/19/2010]
Vibrations detectable without instruments on any adjacent lot
in any zoning district shall be prohibited, except that temporary
vibration as a result of construction activity shall be permitted.
A.
No use in any permissible nonresidential zoning district may generate
any ground-transmitted vibration that is perceptible to the human
sense of touch measured at the outside boundary of the immediate space
occupied by the enterprise generating the vibration if the enterprise
is one of several located on a lot, or the lot line if the enterprise
generating the vibration is the only enterprise located on a lot.
B.
No use may generate any ground-transmitted vibration in excess of
the limits set for this in Subsection E. Vibration shall be measured
at any adjacent lot line or residential zone line as indicated in
the table set forth in Subsection E.
C.
The instrument used to measure vibrations shall be a three-component
measuring system capable of simultaneous measurement of vibration
in three mutually perpendicular directions.
D.
The vibration maximums set forth in Subsection E are stated in terms
of particle velocity, which may be measured directly with suitable
instrumentation or computed on the basis of displacement and frequency.
When computed, the following formula shall be used:
|
PV = 6.28 FxD
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|
Where:
| |||
|
PV
|
=
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Particle velocity (inches per second)
| |
|
F
|
=
|
Vibration frequency (cycles per second)
| |
|
D
|
=
|
Single amplitude replacement of the vibrations (inches)
| |
|
The maximum velocity shall be the vector sum of the three components
recorded.
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E.
The Table of Maximum Ground-Transmitted Vibration shall be as follows:
|
Table of Maximum Ground-Transmitted Vibration Particle
Velocity
(inches per second)
| ||
|---|---|---|
|
District
|
Adjacent Lot Line
|
Residential Zone
|
|
Commercial districts
|
0.15
|
0.20
|
|
Industrial districts
|
0.15
|
0.20
|
|
Residential districts
|
0.20
|
0.20
|
F.
The values stated in Subsection E may be multiplied by two for impact
vibrations, i.e., discrete vibration pulsations not exceeding one
second in duration and having a pause of at least one second between
pulses.
G.
Vibrations resulting from temporary construction activity that occurs
between 7:30 a.m. and 7:00 p.m. shall be exempt from the requirements
of this section.
[Ord. 1112, 1/19/2010]
A.
For purposes of this section, the "odor threshold" is defined as
the maximum concentration in air of a gas, vapor or particulate matter
that can be detected by the olfactory systems of a panel of three
healthy observers appointed by the Borough Council.
B.
No use other than agricultural in any zone many generate any odor
that reaches the odor threshold, measured at:
C.
The release of odorous matter from any district across residential or commercial district boundary lines shall be so controlled that, at ground level or at a habitable elevation, the concentration shall not exceed the odor threshold. Further, the release of odorous matter across lot lines shall not become a nuisance or source of discomfort to neighboring uses. As a guide in determining qualities of offensive odors, Table III (Odor Threshold), Chapter 5, Air Pollution Abatement Manual, by the Manufacturing Chemists Association, Inc. (as amended), may be used.
[Ord. 1112, 1/19/2010]
The maximum amount of smoke emission permitted shall be determined
by the use of the Standard Ringelmann Chart issued by the United States
Bureau of Mines or most recent industry standard. No smoke of a shade
darker than No. 2 shall be permitted.
[Ord. 1112, 1/19/2010]
A.
Any use that emits any air contaminant, as defined in state air pollution
law(s), shall comply with applicable state standards concerning air
pollution.
B.
No zoning permit, building permit or conditional use approval may
be issued with respect to any development covered by Subsection A
until the Cumberland County Health Department has certified to the
permit-issuing authority that the appropriate state permits have been
received by the developer or that the developer will be eligible to
receive such permits and that the development is otherwise in compliance
with applicable air pollution standards.
[Ord. 1112, 1/19/2010]
A.
A plan of luminosity, the measure of light impacts, shall be submitted in accordance with Chapter 22, Subdivision and Land Development.
B.
In any zoning district, any operation or activity producing outdoor
lighting and/or intense glare shall be so conducted that direct and
indirect illumination from the source of light shall not cause illumination
in excess of zero footcandles when measured at any residential zoning
district boundary line or any residentially developed property in
a mixed-use or other nonresidential zoning district. Flickering or
intense sources of light shall be so controlled as not to cause a
nuisance across any lot lines.
C.
No use shall produce a strong, dazzling light or a reflection of
a strong, dazzling light beyond its lot lines. In general, lighting
fixtures that shield the reflector or lens or any high-brightness
surface from viewing angles about 60 feet from horizontal shall be
utilized. Architectural lighting shall be recessed under roof overhangs
or generated from concealed sources utilizing low-intensity light
fixtures. The interior illumination of a canopy which permits any
light to pass through is hereby banned. The illumination or lighting
of freestanding and building canopies, awnings and exterior auxiliary
parts is prohibited, with the exception of flat-lens, full-cutoff,
downcast lighting, which may be mounted on the underside surface of
a structure, provided that it illuminates only the ground area beneath
the structure.
D.
All outside lighting, including sign lighting, shall be focused away
from adjacent streets and properties and shall be directed in such
a way as not to create a nuisance to any adjacent use and roadway.
All luminaries and fixtures hereafter constructed, installed, changed
or remodeled shall be equipped with a glare-shielding device, full-cutoff
downward cast in the case of freestanding area lighting. Intensity
of outdoor lighting shall be limited within usable areas of a site
(i.e., parking, walkways, etc.) to an average intensity at the ground
of 3 1/2 footcandles with a maximum intensity at any given point
on the ground of 12 footcandles, unless otherwise approved by the
Borough Council. A four-hundred-watt maximum shall apply to any light
source.
E.
In any zoning district, all pole-mounted illumination or lighting
over six feet in height or any wall-mounted illumination or lighting
supported by brackets or pole arms over six feet in height, hereafter
constructed, installed, changed or remodeled shall be full-cutoff
lighting with flush or recessed lens caps only. All light fixtures
shall be mounted parallel to the ground. "Full-cutoff lighting" shall
be defined as the type of lighting fixture designed to provide a light
distribution so that the candela at 90° above nadir is zero and
less than 10% of rated lumens at 80° above nadir as defined by
current industry standards.
F.
Illumination and light intensity shall not exceed zero footcandles,
measured either vertically or horizontally to the ground surface,
at any height, at any adjoining lot line in a residential zoning district.
G.
Where light is reflected in a street area, the intensity measurement
shall be made on the right-of-way line across the street from where
the light source emanates.
H.
Sign lighting shall be low-intensity and generated from a concealed
source and shall not spill over into adjoining properties or roadways
or in any way interfere with the vision of oncoming motorists. Spotlights
used to illuminate signs, or each side of a two-faced sign, shall
be restricted to not more than one one-hundred-fifty-watt light per
sign for up to 40 square feet and no more than two one-hundred-fifty-watt
lights per sign for over 40 square feet. The sign base or landscaping
around the sign shall be designated to shield the light from oncoming
motorists to conceal the light source and light fixtures.
I.
The height of a luminaire shall be limited as follows:
(1)
In any residential zoning district, the maximum height permitted
shall be 20 feet.
(2)
In any mixed-use district, the maximum height permitted shall
be 20 feet.
(3)
In any other zoning district, the maximum height shall be 30
feet.
(4)
The Borough Council may further limit the height of luminaires
when it is determined that proposed lighting may have a detrimental
impact upon nearby properties.
J.
Ball diamonds, playing fields and tennis courts that have a unique
requirement for nighttime visibility may be exempted from Subsections
A through H if, in the judgment of the Borough Council, their limited
hours of operation and the location of the luminaires will adequately
protect neighboring residential uses.
[Ord. 1112, 1/19/2010]
A.
No erosion by wind or water shall be permitted which will carry or
deposit objectionable substances onto neighboring properties. Provisions
required by the County Conservation District shall be applicable to
all development or redevelopment.
[Ord. 1112, 1/19/2010]
