Clifton Heights City Zoning Code
ARTICLE XIII
Performance Standards
§ 340-71 Purpose.
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, including C-1, C-2 and I.
§ 340-72 Interpretation; applicability; applications for industrial uses; enforcement costs.
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 herein.
(2)
If any existing use or building or other structure is extended, enlarged or reconstructed, the performance standards herein shall only apply to such extension, enlargement or reconstruction.
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 herein. Applications shall include the following information:
(1)
Plans of existing or 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 herein; and
(4)
Measurement or estimate of the amount or rate of emission of any dangerous or objectionable elements as set forth herein.
C.
Application review. All applications for industrial uses shall be reviewed by the Borough Engineer for compliance with these standards. No such application shall be approved until it is certified, in writing, by the Borough Engineer that the proposed use can meet these performance standards.
D.
Enforcement costs.
(1)
The Code Enforcement Officer shall investigate any purported violation of the performance standards contained herein. Enforcement procedures shall be in accordance with Article XV of this chapter.
(2)
If violations, as alleged, are found, the costs of such determinations shall be charged against those responsible for the violations, in addition to such other penalties as may be appropriate.
§ 340-73 Performance standards.
A.
Air quality. There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter, toxic or noxious, into the 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 III, Title 25, Pennsylvania Department of Environmental Protection rules and regulations.[1]
[1]
Editor's Note: See 25 Pa. Code Chs. 123 and 131.
B.
Fire and explosives. 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, and 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 all applicable codes and ordinances. Any explosive material shall conform to the requirements of Chapter 211, Title 25, Pennsylvania Department of Environmental Protection rules and regulations,[2] for storing, handling and use of explosives.
[2]
Editor's Note: See 25 Pa. Code Ch. 211.
C.
Glare and heat. No direct or sky-reflected glare, whether from floodlights or high temperature processes such as combustion or welding or otherwise, so as to be 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 so as to be discernible at the lot line.
D.
Liquid and solid waste. There shall be no discharge at any point into any public or private sewerage system or watercourse or into the ground of any materials in such a way as to contaminate or otherwise cause the emission of hazardous materials in violation of the laws of Clifton Heights Borough or the Commonwealth of Pennsylvania, and specifically of Chapters 73, 75, 95 and 97, Title 25, Pennsylvania Department of Environmental Protection rules and regulations.[3]
[3]
Editor's Note: See 25 Pa. Code Chs. 73, 75, 95 and 97.
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 | Sound-Level Limit (dBA) | |
|---|---|---|---|
Residential, public space, open space, institutional (schools, churches or similar uses) | 1) 7:00 a.m. to 10:00 p.m. | 60 | |
2) 10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 50 | ||
Commercial or business uses | 1) 7:00 a.m. to 10:00 p.m. | 65 | |
2)10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 60 | ||
Industrial | At all times | 70 |
(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 that one time in any fifteen-second interval), the excursion of sound-pressure level shall not exceed 20 dBA over the ambient sound level, regardless of time of day or night or receiving land use, using the fast meter characteristics of a Type II meter, meeting the ANSI specifications Sl.4-1971.
(2)
The maximum permissible sound levels as 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)
Noises emanating from construction and maintenance activities when occurring between 7:00 a.m. and 7:00 p.m.
(e)
Public celebrations permitted by the Borough.
F.
Odors. No uses shall emit odorous gases or other odorous matter in such quantities to be offensive at any point on or beyond its lot lines. The guide for determining such quantities shall be the fifty-percent response level of Table 1 (Odor Thresholds in Air), "Research of Chemical Odors: Part 1 — Odor Threshold 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 lines.
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 Chapters 221, 223, 225, 227 and 229, Title 25, Article V, Pennsylvania Department of Environmental Protection rules and regulations.[5]
[5]
Editor's Note: See 25 Pa. Code Chs. 221, 223, 225, 227 and 229.
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.