Township of Upper Chichester, PA Article XXIII Performance Standards

§ 600-199 Purpose.

The purpose of this article is to ensure adequate protection for the residents of the Township against the possible negative effects of certain uses, processes or activities applicable to all districts but particularly to the I Industrial District and I-C Industrial Commercial District.

§ 600-200 Administration.

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 below.

(2) If any existing use or building or other structure is extended, enlarged or reconstructed, the performance standards herein shall only apply to such extended, enlarged or reconstructed portion or portions of such use, building or other structure.

B. Application submittal.

(1) 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 in this chapter. All applications shall include, but shall not be limited to, the following informational items:

(2) Plans of existing or proposed construction and development;

(3) A description of existing or proposed machinery, processes and products;

(4) Specifications for the mechanisms and techniques used or proposed to be used in restricting possible dangerous or objectionable conditions as set forth in this chapter; and

(5) Measurement or estimate of the amount or rate of emission of any dangerous or objectionable elements as set forth in this chapter.

C. Application review. All applications for industrial use shall be reviewed by the Township Engineer for compliance with these performance standards. No application for industrial use shall be approved until it is certified in writing by the Township Engineer that the proposed use can meet these performance standards.

D. Enforcement and costs.

(1) The Zoning Officer shall investigate any purported violation of the performance standards noted below. Enforcement procedures shall be in accordance with Article XXIV, Administration, Enforcement and Amendments.

(2) If violations, as alleged, are found, costs of such determinations shall be charged against those responsible for the violations, in addition to such other penalties as may be appropriate. If, however, it is determined that no violation exists, the costs of the determination shall be paid by the Township.

§ 600-201 Performance standards.

A. Air quality. There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws,[1] including the standards set forth by the Pennsylvania Department of Environmental Protection, Rules and Regulations.

[1] Editor's Note: See 35 P.S. § 4001 et seq.

B. Fire and explosive hazards. 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, adequate firefighting 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 the Building Code, the Fire Prevention Code[2] and other applicable Township ordinances. Any explosive material shall conform to the requirements of the Pennsylvania Department of Environmental Protection, for storing, handling and use of explosives.

[2] Editor's Note: See also Ch. 240, Construction Standards, and Ch. 307, Fire Prevention and Protection.

C. Glare and heat. No direct or sky-reflected glare, whether from floodlights or high-temperature processes such as combustion or welding or otherwise, 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 discernible at the lot line.

D. Liquid and solid waste. There shall be no discharge at any point into any public or private sewage system, or watercourses or into the ground of any materials in such a way or such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of Upper Chichester Township and the commonwealth and the Pennsylvania Department of Environmental Protection, Rules and Regulations.

E. Noise. No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound that 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
	Residential, public space, open space	7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m.	60 dBa 50 dBa
	Agricultural or institutional	7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays	65 dBa 50 dBa
	Commercial-business	7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays	65 dBa 60 dBa
	Industrial	At all times	70 dBa

(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 one time in any fifteen-second interval), the sound pressure level shall not exceed 20 dBA over the ambient sound level, regardless of time of day or night of receiving land use.

(2) The maximum permissible sound levels 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) Agriculture.

(e) Public celebrations specifically authorized by the Township.

(3) Motor vehicle operations shall not exceed the noise levels established in Chapter 157 of Title 67 of the Pennsylvania Code of Regulations, Subchapter B, Established Sound Levels.

F. Odors. No uses except agricultural operations shall emit odorous gases or other odorous matter in such quantities so as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the fifty-percent response level of Table 1 (Odor Thresholds in Air), "Research of Chemical Odors: Part I - Odor Thresholds 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 line.

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 the Pennsylvania Department of Environmental Protection, Rules and Regulations.

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.

§ 600-202 Construction work.

Notwithstanding anything above to the contrary, it shall be unlawful in all zoning districts throughout Upper Chichester Township for any person, firm or corporation or their agents or employees owning, occupying, or performing construction work at any building, premises or other place in Upper Chichester Township to operate or permit to be operated any type of machinery, appliance, equipment or hand or power tool for construction purposes which emits noise beyond the premises upon which said machinery, appliance, equipment or hand or power tool is being operated or used between the hours of 7:00 p.m. and 7:00 a.m., Monday through Friday, 7:00 p.m. and 8:30 a.m. on Saturday, or at any time on Sunday or legal holiday.