Blawnox City Zoning Code
ARTICLE VIII
Environmental Performance Standards
§ 550-801 Applicability.
All new and existing uses established within the Borough shall comply with the performance standards contained in this article. The standards shall apply to an existing use or structure, or portion thereof, when it is extended, enlarged, moved, structurally altered or reconstructed.
§ 550-802 Fire and explosive hazards.
A.
All activities and all storage of flammable solid, liquid, and gaseous substances and explosive materials shall comply with all applicable federal, state and local laws and regulations, including the provision of adequate firefighting equipment as specified by any law or regulation. All buildings and structures and activities within such buildings and structures shall conform to the Borough building and fire codes and other applicable ordinances.
B.
Storage tanks or facilities for flammable liquids shall obtain permits in accordance with applicable state and county regulations.
§ 550-803 Toxic, hazardous and radioactive materials.
Any activity which involves the use of toxic, hazardous, or radioactive materials shall comply with all applicable federal and state requirements regarding the use, storage, transportation, emission, and disposal of such materials. Any such use or activity shall obtain and maintain all necessary licenses and permits from appropriate federal and state agencies and shall file with the Borough notice of all materials on-site, as a condition of occupancy.
§ 550-804 Air pollution and odors.
A.
There shall be no emission of smoke, ash, dust, fumes, particulate matter, or other air pollutant which violates applicable federal, state, county, or Borough laws and regulations. Any use or activity in the Borough shall obtain and maintain all necessary licenses and permits from the appropriate county, state and federal agencies as a condition of occupancy.
B.
There shall be no emission of odorous gases or other matter in such quantities as to be offensive on adjoining streets or adjacent lots. Odor thresholds shall be measured in accordance with ASTM d-1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."
§ 550-805 Glare.
A.
No direct reflected glare whether from any lighting source or production operation shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
B.
When any street lighting produces illumination in excess of one footcandle at a particular point in a residential zoning district, the contribution by light sources from any property in a nonresidential zoning district, as measured at the same point, shall not exceed 50% of the street lighting.
C.
No outdoor lighting shall be of such intensity or brilliance as to cause glare which would impair the vision of drivers.
§ 550-806 Noise.
A.
No operation or activity shall cause or create noise in excess of the sound levels prescribed below at any point on or beyond a lot boundary. For the purposes of this chapter, the noise level will be measured in decibels (dBA) which indicate the sound pressure level obtained from a frequency weighing network corresponding to the A-scale on a standard sound level meter.
(1)
Residential districts: not to exceed a maximum of 60 dBA for more than one hour per 24 hours.
(2)
Commercial districts: not to exceed a maximum of 65 dBA for more than eight hours per 24 hours.
(3)
Industrial districts: not to exceed a maximum of 75 dBA.
(4)
Where two zoning districts in which different noise levels are prescribed, share a common boundary, the most restrictive of the noise level standards shall govern.
B.
The preceding noise standards shall not apply to the following:
(1)
Noises emanating from construction and/or maintenance activities between 7:00 a.m. and 8:00 p.m.;
(2)
Noises caused by safety signals, warning devices and other emergency-related activities or uses; and
(3)
Transient noises emanating from moving sources, such as trucks, automobiles, motorcycles, airplanes and trains.
C.
In addition to these regulations, all uses or activities within the Borough shall conform to any applicable Borough, county, state or federal noise regulations.
§ 550-807 Determination of compliance.
A.
If a proposed use or activity appears not to comply with the performance standards contained in this section, the Borough may require the applicant to submit sufficient data and evidence to make an objective determination. Where the Borough must obtain technical assistance to determine compliance with any standard, the cost of such assistance shall be added to any required application fees.
B.
For any existing use, the Zoning Officer shall investigate any purported violation of the performance standards and, with Council approval, employ qualified experts to assist in the determination of a violation. If a violation does exist, the costs for such technical experts shall be added to any other fines and penalties contained in this chapter.