The performance standards contained herein are
intended to protect both the community at large and proposed uses
from abuse and negative impacts, while encouraging appropriate development
to occur.
Uses permitted in any commercial, employment
and flexible district, and uses accessory thereto, are subject to
the following performance standards and procedures. If the Zoning
Officer or the Zoning Hearing Board has reasonable grounds for believing
that any other use will violate these performance standards, such
use, existing or proposed, shall also be subject to these performance
standards.
The definitions in § 325-5 of this chapter shall apply. In addition, the following words and phrases when used in this article shall, for the purposes of this article, have the meanings respectively ascribed to them in this section, except in those situations where the context clearly indicates a different meaning:
The sound pressure level as measured on a sound level meter
using the A-weighted network or scale as specified in ANSI S1.4-1983
(R1997) or its successor publication. The level read shall be postscripted
dB(A) or dBA.
A unit which describes the sound pressure level or intensity
of sound. The sound pressure level in decibels is 20 times the logarithm
to the base 10 of the ratio of the pressure of the sound in microbars
to a reference pressure of 0.0002 microbar, abbreviated dB.
Any mechanism which is intended to or which actually produces
a noise when operated or handled.
The single amplitude displacement of the vibration in inches.
Work made necessary to restore property to a safe condition
following a public calamity or work required to protect persons or
property from immediate exposure to danger, including work performed
by public service companies when emergency inspection, repair of facilities
or restoration of services is required for the immediate health, safety
or welfare of the community.
A person possessing sufficient education, training, related
project experience and certifications necessary to evaluate a proposed
use in accordance with the environmental performance standards set
forth in this article and having the ability to develop opinions and
conclusions regarding the environmental impacts of the proposed use.
An individual's status as an environmental professional may be limited
to the type of assessment to be performed or to specific segments
of the assessment for which the professional is responsible. In conjunction
with the sealing of the environmental impact statement (EIS), the
registered professional engineer who is in responsible charge of preparing
the EIS shall provide certification that the environmental professionals
involved in preparing the EIS under his/her charge are qualified in
their specific fields.
A statement of environmental impact which addresses methods
of compliance for each and every environmental performance standard
listed in the Flexible Development District Ordinance.
The constant sound level that, in a given situation and time
period, conveys the same sound energy as the actual time-varying A-weighted
sound pressure level.
The velocity of a particle above which it has been determined
that detrimental effects to nearby structures may occur.
Any vehicle which is self-propelled, except one which is
propelled solely by human power or by electric power obtained from
overhead trolley wires, but not operated upon rails.
Any unnecessary sound which annoys, disturbs or perturbs
reasonable persons with normal sensitivities or any unnecessary sound
which reasonably may be perceived to injure or endanger the comfort,
repose, health, peace or safety of any person.
An instrument to measure the octave band composition of a
sound by means of a bandpass filter. It shall meet the specifications
of the American National Standards Institute publications S14-1983
(R1997), S1.6-1984 (R1997) and S1.11-1986 (R1998), or their successor
publications.
The distance a particle travels in inches per second and
is computed using the following formula with the elements defined
in this section: PV = 6.28 F x D.
The velocity measured in three mutually perpendicular directions.
The maximum allowable peak particle velocity shall apply to each of
the three measurements.
Any mechanically powered vehicle, either airborne, waterborne
or land borne, which is not designed to carry persons or property,
including but not limited to model airplanes, boats, cars and rockets.
Any point along the property line from ground level to any
point above the ground along a vertical plane.
An instrument used to amplify and record small movements
of the ground.
A temporal and spatial oscillation in pressure, or other
physical quantity, in a medium with internal forces that causes compression
and rarefaction of that medium and which propagates at finite speed
to distant points.
An instrument to measure sound pressure levels which shall
meet or exceed performance standards for a Type Two meter as specified
by the American National Standards Institute S1-4-1983 (R1997) or
its successor publications.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space.
Any equipment or facility, fixed or movable, capable of emitting
sound beyond the property boundary of the property on which it is
used.
An oscillatory motion of solid bodies of deterministic of
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
The time rate of repetition of a periodic phenomenon in cycles
per second and calculated as the reciprocal of the period.
A.
Specific noise prohibitions. The following acts are
violations of this article:
(1)
Using or operating a loudspeaker or other sound amplification
device in a fixed or movable position exterior to any building or
mounted upon any motor vehicle for the purpose of commercial advertising,
giving instructions, information, directions, talks, addresses, lectures
or providing entertainment to any persons or assemblage of persons
on any private or public property between the hours of 9:00 p.m. and
7:00 a.m. the following day within 100 yards of a residence.
(2)
Operating or causing to be operated any equipment
used in the course of construction, repair, alteration or demolition
work on buildings, structures, streets, alleys or appurtenances thereto
in the outdoors between the hours of 9:00 p.m. and 7:00 a.m. the following
day, except that no such activity shall commence prior to 9:00 a.m.
on Sundays and federal holidays.
(3)
Repairing, rebuilding or modifying any motor vehicle
or other mechanical device in the outdoors between the hours of 9:00
p.m. and 7:00 a.m. the following day.
(4)
Operating or permitting the operation of powered model
vehicles in the outdoors between the hours of 9:00 p.m. and 7:00 a.m.
the following day within 100 yards of a residence.
(5)
Loading or unloading trucks in the outdoors within
100 yards of a residence between the hours of 9:00 p.m. and 7:00 a.m.
the following day.
B.
Place of outdoor public entertainment or assembly.
It shall be unlawful, after the Zoning Officer has given appropriate
notice requesting abatement, for any person to operate or permit to
be operated any loudspeaker or other device for the production of
sound in any outdoor place of public entertainment, including but
not limited to pavilions or amphitheaters or other places of public
assembly which produce sound pressure levels of 90 db(A) or greater
at any point that is normally occupied by a person, as read with the
slow response on a sound level meter.
C.
Quiet zone.
(1)
Whenever the protection of the public health, safety
and welfare so requires, after a duly advertised public hearing, the
Board of Supervisors may designate any geographical area within the
Flexible Development District as a "quiet zone." Such designation
shall include a description of the subject area, the reasons for its
designation as a quiet zone and shall prescribe the level of noise
which shall be permitted in such quiet zone.
(2)
It shall be unlawful for any person to create any
noise in excess of that prescribed within any area designated as a
"quiet zone" in conformance with the provisions of this subsection,
provided conspicuous signs are displayed in adjacent or contiguous
streets indicating that said area is a quiet zone.
D.
Maximum permissible sound pressure levels.
(1)
It shall be unlawful for any person to operate or
permit to be operated any stationary noise source in such a manner
as to create a sound pressure level which exceeds the limits set forth
in the chart following, titled "Maximum Sound Pressure Levels," when
measured at the property boundary of the noise source or at any point
within any other property affected by the noise. When a noise source
can be identified and its noise measured in more than one zoning district
classification, the limits of the most restrictive classification
shall apply.
|
Maximum Sound Pressure Levels
| ||||
|---|---|---|---|---|
|
Octave Band Limit
| ||||
|
Use
|
Maximum
(dBA)
|
Center Frequency
(Hertz-HZ)
|
dB
| |
|
Residential
|
55
|
31.5
64
125
250
500
1,000
2,000
4,000
8,000
|
70
69
64
59
53
47
42
38
35
| |
|
Commercial and employment
|
72
|
31.5
63
125
250
500
1,000
2,000
4,000
8,000
|
85
84
79
74
68
62
57
53
50
| |
(2)
Notwithstanding the provisions of the foregoing subsection,
sound created by the operation of power equipment, such as power lawn
mowers and chain saws, between the hours of 7:00 a.m. and 9:00 p.m.
the same day shall be permitted so long as they do not constitute
a noise disturbance.
E.
Measurement procedures. Noise shall be measured with
a sound level meter or octave band analyzer in accordance with ANNSI
S1.4-1983 (R1997), S1.6-1984 (R1997) and S1.11-1986 (R1998), or their
successor publications.
F.
Nuisance noise. It shall be unlawful for any person
to make, continue to make, or cause to be made or continued a noise
disturbance within the Township.
G.
Emergencies. An exemption from the provisions of this
chapter is granted for noise caused in the performance of emergency
work by authorized emergency services, such as fire, police and ambulance.
H.
Public improvements. An exemption from the provisions
of the chapter is granted for noise caused in the performance of snow
removal or construction or repair of roadways conducted at night to
minimize traffic disruptions.
I.
Deviations from maximum permitted levels.
(1)
Between the hours of 9:00 p.m. and 7:00 a.m., the
maximum permitted sound levels established by this article shall be
reduced by five dB(A).
(2)
The maximum permitted sound levels established by
this article may be exceeded temporarily:
(3)
The maximum permitted sound levels established in Subsection D shall be reduced by five dB(A) for the following:
(a)
Sounds of periodic character such as pumps,
fans, generators or compressors.
(b)
Sounds of impulsive character such as weapons
fire, punch press or drop hammer.
(c)
Sounds of pure tone component such as whistle,
alarm, horn or siren.
(d)
A steady audible tone such as a hum, whine or
screech emitted by transformers or other high power equipment.
A.
Maximum allowable peak velocities.
(1)
No use shall cause the maximum ground vibration to
exceed the values listed in the table below. The maximum ground vibration
adjacent to the location of any dwelling house, public building, school,
church or commercial or institutional building shall be established
in accordance with the maximum peak particle velocity limits of below.
|
Maximum (Allowable) Peak Velocity at the
Property Line
| ||
|---|---|---|
|
Frequency Hertz (Hz) Cycles/Second
|
Maximum Allowable Peak Particle Velocity
(Vmax) for Ground Vibration in Inches/Second
| |
|
60
|
0.2
| |
|
Greater than 60
|
0.4
| |
(2)
Ground vibration shall be measured as the particle
velocity. Particle velocity shall be recorded in three mutually perpendicular
directions. The maximum allowable peak particle velocity shall apply
to each of the three measurements.
(3)
Notwithstanding the provisions of the foregoing subsection,
vibration created by blasting or other means such as construction
equipment, ram hoes, shall be restricted to between the hours of 7:00
a.m. and 5:00 p.m.
No heat from any use shall be sensed at any
property line to the extent of raising the ambient temperature of
air or materials more than one Fahrenheit degree.
A.
All operations, activities and uses shall be in compliance
with the requirements contained in the following:
(2)
The Fire Prevention Code (NFPA 1).
(3)
Standards and recommended practices of the National
Fire Protection Association (NFPA).
(4)
The Pennsylvania Fire and Panic Regulations (Title
34, Pa. code, Chapters 49-59) promulgated by the Pennsylvania Department
of Labor and Industry.
(5)
The Commonwealth of Pennsylvania Worker and Community
Right-to-Know Act, Act of October 5, 1984, (P.L. 734, No. 159) as
amended, 35 P.S. § 7301 et seq., and where applicable due
to the materials being handled, stored or processed, U.S. Environmental
Protection Agency Regulations, 40 CFR Part 68, Risk Management Programs
for Chemical Accidental Release Prevention.
A.
Operation, activities and uses which involve the use
of hazardous materials shall be constructed, operated and designed
in accordance with the requirements of standards listed in Subsection
E(1)(e). In addition, hazardous materials' operation, activities and
uses shall not be approved until a hazardous materials management
plan (HMMP) or other approved plan is provided. The HMMP shall include:
B.
Inventory statement. Application for operations, activities
and uses involving the use of hazardous materials shall include a
hazardous materials inventory statement (HMIS), such ARA Title II,
Tier II Report or other statement, including the following information
where available:
C.
Hazardous materials. Those chemicals or substances
which are physical or health hazards, whether the materials are in
a usable or waste condition. A physical hazard is a combustible liquid,
compressed gas, cryogenic, explosive, flammable gas, flammable liquid,
flammable solid, organic peroxide, oxidizer, pyrophoric or unstable
(reactive) or water-reactive material. Health hazards are chemicals
for which there is statistically significant evidence that acute or
chronic health effects are capable of occurring in exposed persons.
Health hazards include chemicals which are toxic or highly toxic,
irritants, corrosives, sensitizers or radioactive.
D.
Residual and hazardous waste. Standards for the handling
and disposal of residual or hazardous wastes have been established
by the Commonwealth of Pennsylvania and U.S. Environmental Protection
Agency. In order to minimize overlapping regulations, the Township
adopts these standards as its own. The standards for residual and
hazardous wastes are as stated in the Commonwealth of Pennsylvania
Code, Title 25, Chapters 260 through 285, and the Code of Federal
Regulations, Title 40, Subchapter I.
All earthmoving activities regardless of the
extent of disturbance shall be conducted in such a way as to minimize
erosion and resulting sedimentation. Any person, landowner, business
or corporation involved in earthmoving activities shall develop, implement
and maintain erosion and sediment control measures. At a minimum,
the person, landowner, business or corporation shall meet the standards
of the York County Conservation District and Chapter 102 of Title
25, Pa. Code, Rules and Regulations of the Pennsylvania Department
of Environmental Protection, as amended. A complete explanation is
available in DEP's publication "Erosion and Sediment Pollution Control
Program Manual," which is available through the local conservation
district office.
A.
Any person engaged in the subdivision, alteration, development or improvement of land, which may affect stormwater runoff characteristics of the project area or within the watershed, shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such stormwater management measures shall be in accordance with the Springettsbury Township Stormwater Management Ordinance (Chapter 281), dated October 14, 1993, as amended from time to time, which is regulated by the Act of October 4, 1978, P.L. 864, No. 167, known as the "Stormwater Management Act," and pursuant to the express and implied powers granted to the Board of Supervisors under the Second Class Township Code, Act of May 1, 1993, P.L. 103, No. 69, reenacted and amended November 9, 1995, P.L. 350, No. 60, or the most current revision.
B.
Best management practices. Any person engaged in utilizing
stormwater management and erosion and sediment control measures shall
comply with the Pennsylvania Handbook of Best Management Practices
(BMPs) for Developing Areas, prepared by CH2MHILL, dated 1998, whereby
BMPs will preserve water quality, wildlife habitat, encourage the
efficient use of space and provide aesthetically pleasing site designs.
Standards for air quality have been established by the Commonwealth of Pennsylvania and U.S. Environmental Protection Agency. In order to minimize overlapping regulations, the Township adopts these standards as its own. Therefore, all operations, activities and uses shall be in compliance with the standards contained in the following: Commonwealth of Pennsylvania Air Pollution Control Act, Title 25, Pa. Code, Chapters 121 through 143 and the Code of Federal Regulations, Title 40, Subchapter C.
A.
Regulations. Wetlands encroachments are regulated by the United State Army Corps of Engineers (USACE) and United States Environmental Protection Agency (EPA) under § 404 of the Federal Clean Water Act (CWA). Furthermore, the USACE also makes jurisdictional determinations under §§ 9 and 10 of the Rivers and Harbors Act of 1899. The Pennsylvania Department of Environmental Protection (DEP) regulates wetlands encroachment under Chapter 105, Dam Safety and Encroachments Act.
B.
Wetlands functions. Wetlands functions include, but
are not limited to, the following:
(1)
Biological. Serving natural biological functions,
including food chain products, general habitat and nesting, spawning,
rearing and resting sites for aquatic or land species.
(2)
Wildlife/aquatic refuge. Providing areas for study
of the environment or as sanctuaries or refuges.
(3)
Drainage. Maintaining natural drainage characteristics,
sedimentation patterns, salinity distribution, flushing characteristics,
natural water filtration processes, current patterns or other environmental
characteristics.
(4)
Protective barrier. Shielding other areas from wave
action, erosion or storm damage.
(5)
Water storage. Serving as a storage area for stormwater
and floodwaters.
(6)
Discharge. Providing a groundwater discharge area
that maintains minimum base flows.
(7)
Recharge. Serving as a prime natural recharge area
where surface water and groundwater are directly interconnected.
(8)
Pollution filtration. Preventing or reducing nonpoint
source pollution, including sediment stabilization, toxicant retention,
nutrient removal/transformation.
(9)
Recreation/social significance. Providing recreation
and value to society.
C.
Wetlands identification/determination. All areas meeting
the criteria for wetlands as currently defined by the USACE or Pennsylvania
DEP shall be mapped. Areas of hydric soils with a slope of 1% or less
and areas appearing on the National Wetland Inventory Maps prepared
by the United States Fish and Wildlife Service shall be field checked
by qualified personnel to determine the existence, location and extent
of wetlands.
D.
Land development plan. All areas meeting the criteria
for wetlands are required to be identified and delineated on any land
development plan whether or not any impact is proposed. Plan should
indicate the qualified personnel who performed the delineation.
A.
Parking areas shall be lighted to an average of three
footcandles, with not less than 1 1/2 footcandles and not more
than seven footcandles at any point. Entrances and exits to parking
areas shall be lighted to a minimum two footcandles at any point in
the entrance or exitway. Footcandle levels shall be measured three
feet above the surface of the area being lighted.
B.
All lighting shall be arranged to reflect light away
from adjoining properties and public rights-of-way. In general, lighting
fixtures shall be shielded to prevent glare on adjoining properties
and public rights-of-way. Light spillover onto adjoining properties
shall not exceed two footcandles at any point 10 feet or more beyond
the property line of the premises on which the lighting fixtures are
located.
