Borough of Media, PA Article XI Industrial Performance Standards

§ 311-55 Legislative intent.

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, particularly those carried out in the Industrial District, but not limited to that district.

§ 311-56 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 Resources 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.

(3) Determination necessary for administration and enforcement of performance standards set forth herein range from those which 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:

(a) Where determinations can be made by the Zoning Officer or other Borough employees using equipment normally available to the Borough or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.

(b) Where technical complexity or extraordinary expense makes it unreasonable for the Borough to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standards regulations and protecting the general public from unnecessary costs for administration and enforcement.

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:

(a) Plans of existing or proposed construction and development.

(b) A description of existing or proposed machinery, processes and products.

(c) 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.

(d) 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 Borough Engineer for compliance with these performance standards. No application for 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.

(1) The Code Enforcement Officer shall investigate any purported violation of these performance standards. If the Code Enforcement Officer finds, after making determination in the manner set forth in this chapter, that there is a violation of the performance standards set forth herein, 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 Section 1604.2 of this chapter.[1]

[1] Editor's Note: Former Section 1604.2 of this chapter was deleted 8-15-1996 by Ord. No. 903. See now § 311-98C.

(2) If, in the considered judgment of the Code Enforcement Officer, there is probable violation of the performance standards set forth herein, the following procedures shall be followed:

(a) The Code Enforcement Officer shall give written notice by certified mail or delivered personally 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 Code Enforcement Officer believes there is a violation and shall require an answer or correction of the alleged violation to the satisfaction of the Code Enforcement Officer within 30 days. The notice shall state, and it is hereby declared, that failure to reply or correct the alleged violation to the satisfaction of the Code Enforcement 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 other 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 Code Enforcement Officer, he shall note "Violation Corrected" on his copy of the notice and shall retain it among his official records, taking such other actions 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 Code Enforcement Officer within the time limit set, 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 Code Enforcement Officer but requesting additional time, the Code Enforcement Officer may grant an extension of time if he deems it warranted in the circumstances of the case and if the extension will not, in his 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 Code Enforcement Officer may call in properly qualified experts to make the determinations.

§ 311-57 Performance standards.

A. Noise.

[Amended 8-15-1996 by Ord. No. 903]

(1) All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency, or shrillness. In no event shall sound pressure level of noise radiated continuously from a facility after 9:00 p.m. exceed at the lot line the value of 70 dBA. However, where the lot line adjoins or lies within 25 feet of the boundary of a residential district, the sound pressure levels of noise radiated after 9:00 p.m. shall not exceed at the lot line the value of 65 dBA.

(2) For any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 80 dBA regardless of time of day or night.

B. 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; nor shall any vibration produced exceed 0.002g peak measured at or beyond the lot line using either seismic or electronic vibration measuring equipment.

C. Air pollution. Ambient Air Quality Standards have been established by the Commonwealth of Pennsylvania and are enforced by the Regional Air Pollution Control Board. However, to govern situations of a local nature, the following additional regulations are provided:

(1) Smoke.

(a) For the purpose of grading the density or equivalent opacity of smoke, the Ringelman Smoke Chart as published by the United States Bureau of Mines shall be used.

(b) Smoke emitted from any source shall not be of a darker shade than No. 1 on the Ringelman Smoke Chart, except that smoke of a shade not darker than No. 2 on the Ringelman Smoke Chart may be emitted for not more than four minutes in any eight-hour period.

(2) Odor.

(a) There shall be no emission of odors into the atmosphere in such quantities as to be offensive at any point on or beyond the lot boundary line within which the operation is situated.

(b) Odor thresholds shall be measured in accordance with the "Standard Method For Measurement of Odor in Atmosphere" (dilution method) ASTM-57 or its equivalent.

(3) Other air pollutants.

(a) No use shall emit fly ash, dust, dirt, fumes, vapors or gases into the atmosphere that would cause demonstrable damage to the public health, animals or vegetation or other forms of property or that would cause visible soiling of any structure beyond the lot line of the use creating the emission.

(b) In no event shall any use permit or cause the discharge of particulate matter into the atmosphere from incinerators in excess of 0.1 grains per cubic foot of gas at standard conditions corrected to 12% CO².

(c) The Ambient Air Quality Standards for the Commonwealth of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the Ambient Air Quality Standards of the Commonwealth of Pennsylvania, the release of airborne toxic matter shall not exceed 1/30 of the Threshold Limit Value adopted by the American Conference of Governmental Industrial Hygienist beyond the district boundary line.

D. Heat. No heat from any source shall be sensed at the property line of that source to the extent of raising the temperature of air or materials more than 1º F.

E. Glare.

(1) Glare from any use or activity shall be so limited that direct or indirect light from the source shall not cause illumination in excess of the 0.5 footcandles when measured at any window of the nearest residential property.

(2) Such light shall not create a nuisance or hazard along the property line.

F. Fire and explosion. All activities or storage involving flammable and explosive materials shall be provided with adequate safety and fire-fighting devices in accordance with the Fire Prevention Code of the Borough of Media.

G. Radioactive materials. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in conformance with the regulations of the Nuclear Regulatory Commission (NRC), as set forth in Title 10, Chapter One, Part 20 — Standards for Protection Against Radiation, as amended; and all applicable regulations of the Commonwealth of Pennsylvania.

H. Nonradioactive liquid or solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream or into the ground of any liquid or solid materials except in accordance with the Laws and Regulations of the United States, the Commonwealth of Pennsylvania, Delaware County, the Delaware County Regional Water Quality Control Authority (DELCORA) and the Borough of Media.

I. Electrical and electromagnetic interference. No use shall cause electrical or electromagnetic disturbances that would adversely affect the operation of any equipment other than that of the creator of such disturbances.

J. Hazardous materials and toxic wastes. The handling and storage of hazardous materials, corrosives, flammables, toxic wastes, toxic materials, combustibles, and EP toxics shall be in accordance with the applicable regulations of the United States Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Resources (DER), and the Occupational Safety and Health Administration (OSHA).