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
but particularly commercial and industrial districts.
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, the United States Environmental
Protection Agency, or other applicable state or federal agencies 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. 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:
(1)
Plans of existing and 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 in this article; and
(4)
Measurement or estimate of the amount or rate of emission of
any dangerous or objectionable elements as set forth in this article.
C.
Application review. All applications for industrial uses shall be reviewed by the Borough Engineer for compliance with the performance standards listed in § 213-150. No application for an industrial use shall be approved until it is certified in writing by the Borough 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 XXII, Administration and Enforcement.
(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 Borough shall pay for
the costs of the determination.
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, including the standards
set forth in Chapter 123 (Standards for Contaminants) and Chapter
131 (Ambient Air Quality Standards), Article 111, Title 25, Pennsylvania
Department of Environmental Protection (DEP), Rules and Regulations.
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
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 the latest adopted Pennsylvania Uniform
Construction Code,[1] the National Fire Code, and any applicable Borough ordinances.
Any explosive material shall conform to the requirements of Chapter
211, Title 25, Rules and Regulations, Pennsylvania DEP, for storing,
handling, and use of explosives.
C.
Glare and heat. No direct or sky-reflected glare, whether from floodlights
or high-temperature processes such as combustion, welding, or otherwise,
visible at the lot line shall be permitted, except for customary or
emergency industrial operations and safety purposes. These regulations
shall not apply to signs or floodlighting of parking areas. 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 ordinances of Ridley Park Borough and the laws of the Commonwealth of Pennsylvania, specifically of Chapters 73, 75, 95, and 97, Title 25, Pennsylvania DEP, 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 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
|
Maximum Sound Level Limit
|
|---|---|---|
|
Residential, public space, or open space
|
7:00 a.m. to 10:00 p.m.
|
60 dBA
|
|
10:00 p.m. to 7:00 a.m. (including Sundays and legal holidays)
|
50 dBA
| |
|
Commercial or business
|
7:00 a.m. to 10:00 p.m.
|
65 dBA
|
|
10:00 p.m. to 7:00 a.m. (Including Sundays and legal holidays)
|
60 dBA
| |
|
Industrial
|
At all times
|
70 dBA
|
(1)
For any source of sound that 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, using the "fast" meter characteristics of a Type II meter, meeting
the ANSI specifications S1.4.-1971.
(2)
The maximum permissible sound levels as listed in the above
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)
Public celebrations specifically authorized by the Borough.
(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 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 50% 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 that 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 DEP Rules and Regulations.
I.
Public health and safety. No use shall create any other objectionable
condition in an adjoining area that will endanger public health and
safety or be detrimental to the public use of the surrounding area.
