All uses and activities established in any district after the effective date of this chapter shall comply with the performance standards set forth in §§
225-602 through 225-609. All existing uses and activities which are in compliance with the performance standards set forth in §§
225-602 through 225-609 on the effective date of this chapter shall continue in compliance. All existing uses and activities which are not in compliance with the performance standards set forth in §§
225-602 through 225-609 on the effective date of this chapter shall be brought into compliance within one year following the effective date of this chapter.
A. Purpose. The purpose of these performance standards is to curtail
any existing or potential environmental harm by any use in New Freedom
Borough, whether a principal or accessory use or a conforming or nonconforming
use, specifically:
(1)
By allowing existing or potential environmental nuisances to
be measured factually and objectively;
(2)
By ensuring that all land uses will provide methods to protect
the Borough and its neighbors from hazards and nuisances that can
be prevented, controlled, or eliminated, as appropriate; and
(3)
By protecting industries or other land uses from arbitrary exclusion
or persecution based solely on the nuisance production or reputation
by any particular land use activity in the past.
B. Investigations. Investigations necessary for administration and enforcement
of the performance standards set forth herein range from those that
can be made with satisfactory accuracy by a reasonable person using
normal senses and no mechanical equipment, to those requiring great
technical competence and complex equipment for precise measurement.
It is the intent of this chapter that:
(1)
Where investigations can be made by the Zoning Officer or other
Borough employees using equipment normally available to the Borough
or obtainable without extraordinary expense, such investigations shall
be performed and a determination made that a violation exists before
notice of violation is issued.
(2)
Where technical complexity or extraordinary expense makes it
unreasonable for the Borough to maintain the personnel or equipment
necessary to make difficult or unusual investigations, any such property
owner upon whose property a violation is alleged to exist shall be
given the opportunity of correcting any such alleged violation on
the property owner's own recognizance prior to performing any necessary
investigations. The purpose of this section is to protect both property
owners and the general public from unnecessary costs for administration
and enforcement.
(3)
If the Zoning Officer finds, after making investigations in the manner set forth in this chapter, that there is a violation of the performance standards set forth herein, (s)he shall take or cause to be taken lawful action to cause correction to within the limits established by such performance standards. Failure to obey lawful orders concerning such corrections shall be punishable under the provisions of §
225-1107.
(4)
If, in the considered judgement of the Zoning Officer, there
is probable violation of the performance standards set forth herein,
the following procedures shall be followed:
(a)
The Zoning Officer shall give written notice, by certified mail,
to the person or persons responsible for the alleged violation. The
notice shall describe the particulars of the alleged violation, and
the reasons why the Zoning Officer believes there is a violation,
and shall require an answer or correction of the alleged violation
to the satisfaction of the Zoning Officer within a time limit set
by the Zoning Officer. The notice shall state, and it is hereby declared,
that failure to reply or correct the alleged violation to the satisfaction
of the Zoning Officer within the time set constitutes admission of
violation of the terms of this chapter. The notice shall state that,
on request of those to whom it is directed, technical determinations
as described in this chapter will be made and that, if violations
as alleged are found, costs of such determinations shall be charged
against those responsible for the violation, in addition to such penalties
as may be appropriate, but that, if it is determined that no violation
exists, the cost of the determination will be paid by the Borough.
(b)
If there is no reply within the time limit set but the alleged
violation is corrected to the satisfaction of the Zoning Officer,
(s)he shall note "Violation Corrected" on his/her copy of the notice
and shall retain it among his/her official records, taking such other
action as may be warranted.
(c)
If there is no reply within the time limit set and the violation
is not corrected to the satisfaction of the Zoning Officer within
the time limit set, (s)he shall take or cause to be taken such action
as is warranted by continuation of a violation after notice to cease.
(d)
If a reply is received within the time limit set indicating
that the alleged violation will be corrected to the satisfaction of
the Zoning Officer but requesting additional time, the Zoning Officer
may grant an extension of time if (s)he deems it warranted in the
circumstances of the case and if the extension will not, in his/her
opinion, cause imminent peril to life, health, or property.
(e)
If a reply is received within the time limit set requesting technical determination as provided in this chapter, and if the alleged violation continues, the Zoning Officer may call in properly qualified experts to make the determinations. If such determinations indicate violation of the performance standards, the costs of the determinations shall be assessed against the person or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of §
225-1107.
(f)
If no violation is found, the costs of the determinations shall
be paid by the Borough without assessment against the person or persons
involved.
The sound level of any operation shall not exceed the decibel
levels of the preferred frequencies cited below or as modified or
exempted. The sound-pressure level shall be measured with an octave
band analyzer calibrated in the preferred frequencies conforming to
the specifications published by the American Standards Association
(Preferred Frequencies for Acoustical Measurements, SI 6-1960, American
Standards Association, New York, New York).
A. Residential or conservation district standards. At no point:
(1)
On or beyond the lot line of any lot within any Residential
or Conservation District; or
(2)
On or beyond the district boundary line from any Work and Service
District into any Residential or Conservation District shall the sound-pressure
level resulting from any use, operation, or activity exceed the maximum
permitted sound-pressure levels set forth as follows:
|
Center Frequency
(Cycles per Second)
|
Maximum Permitted Sound-Pressure Level
(Decibels)
|
---|
|
31.5
|
65
|
|
63
|
67
|
|
125
|
66
|
|
250
|
59
|
|
500
|
52
|
|
1,000
|
46
|
|
2,000
|
37
|
|
4,000
|
26
|
|
8,000
|
17
|
|
(Sound pressure level in decibels equals 0.0002 dynes/cm.)
|
B. Work and Service District standards. At no point on or beyond the
lot line of any lot within any Work and Service District shall the
sound-pressure level resulting from any operation exceed the maximum
permitted sound levels set forth below:
(1)
Daytime standards (between the hours of 7:00 a.m. and 7:00 p.m.):
|
Center Frequency
(Cycles per Second)
|
Maximum Permitted Sound-Pressure Level
(Decibels)
|
---|
|
31.5
|
76
|
|
63
|
74
|
|
125
|
68
|
|
250
|
63
|
|
500
|
57
|
|
1,000
|
52
|
|
2,000
|
45
|
|
4,000
|
38
|
|
8,000
|
32
|
|
(Sound pressure level in decibels equals 0.0002 dynes/cm.)
|
(2)
Nighttime standards (between the hours of 7:00 p.m. and 7:00 a.m.) shall be the same limits as for Residential and Conservation Districts provided in §
225-602A.
(3)
Short-duration noises. For noise sources not operating for more than six minutes in any one-hour period, an additional 10 decibels may be added to the table in §
225-602B(1) This correction shall apply in daytime hours only.
C. Exemptions.
(1)
The following sources of uses and activities shall be exempt from the noise level standards contained in §
225-602A and
B:
(a)
Noises not directly under the control of the property user.
(b)
Occasionally used safety signals, warning devices and emergency
pressure-relief valves.
(c)
Transient noises of moving sources such as automobiles, trucks,
airplanes, and railroads.
(2)
Source: Industrial Performance Standards, Planning Advisory
Service Report No. 272, American Planning Association, September 1971.
No heat from any use or activity shall be sensed at any property
line to the extent of raising the temperature of air or materials
more than 1° F.