Darlington Township
City Zoning Code
City Zoning Code
ARTICLE IV
Performance Standards
§ 172-11 General performance standards.
Compliance. All uses in all districts shall be subject to the following standards of operations.
§ 172-12 Environmental performance standards.
The developer shall determine the presence of environmental or natural features on any site proposed for land development and shall meet the following standards for environmental protection. Site alterations, regrading, filling or clearing of vegetation prior to approval of the plans for development shall be a violation of this article.
A.
Floodplain delineation. One-hundred-year floodplains shall be delineated by accepted analytical procedures approved by the Township Engineer.
C.
Steep slopes. In areas of steep slopes, i.e., those above 15%, the following standards shall apply:
D.
Forest. No more than 95% of any forest, as defined, may be cleared or developed.
E.
Ponds, watercourses or wetlands. No development, filling, piping or diverting shall be permitted except for required roads and utility line extensions, unless permitted by the appropriate state, county or regulatory agency.
F.
Stormwater drainage and management. All plans shall comply with the provisions of state and local regulations in effect at the time of final approval.
G.
Soil erosion and sedimentation. With any earth disturbance there shall be control of erosion and the protection of streams and ponds from sedimentation in accordance with the "Clean Streams Law," P.L. 1987, 25 Pa. Code Chapter 102, and the "Soil Erosion and Sedimentation Control Manual" of the Pennsylvania Department of Environmental Protection. In addition, a soil erosion and sediment control plan (ES & SC plan) shall be required as part of the application for any Township permit where earth disturbance or excavation will occur. As a minimum where sediment can be transported away from the disturbed area, a silt fence or straw bale barrier shall be erected and maintained in working order until vegetation is fully established or erosion resistant ground cover has been installed. Additional sediment pollution control measures may be required where land development is more extensive than single-family construction.
§ 172-13 Odor.
Those standards for the control of odorous emissions established by Beaver County or the Pennsylvania Department of Environmental Protection shall be applied in all zoning districts. Where an odor is deemed a public health hazard by the investigating Township representative, that representative shall refer the matter to the proper agency.
§ 172-14 Storage and waste disposal.
A.
No highly flammable, explosive or toxic liquids, solids or gases shall be stored in bulk (over 500 gallons) above ground except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.
B.
All permanent bulk outdoor storage facilities for fuel over 1,000 gallons, raw materials and products shall be enclosed by an approved safety fence.
C.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces. No substance which can contaminate wells, watercourses, or potable water supplies, nor which will take out or destroy aquatic life shall be allowed to enter any wells, watercourses, or potable water supplies. A Pennsylvania Department of Environmental Protection approved plan for spill containment shall be submitted to the Township for review by the Township Engineer prior to the issuance of any required permit.
D.
No materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors unless enclosed in containers adequate to eliminate such hazards.
§ 172-15 Air pollution.
No emission at any point from any chimney or otherwise of visible smoke in excess of that permitted by the air pollution control regulations of Beaver County or the Pennsylvania Department of Environmental Protection shall be permitted.
§ 172-16 Dust, fumes, vapors, and gases.
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, to vegetation, or to property or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.
§ 172-17 Glare.
No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines or onto any public road. Illumination levels shall not exceed one footcandle per square foot at the lot boundary line where the light source is located.
§ 172-18 Vibrations.
No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments with the exception of vibration produced as a result of temporary construction activity.
§ 172-19 Discharge.
No material of a hazardous or noxious nature shall be discharged into any stream or upon any land, which may contaminate any private or public water supply. Further, no material shall be discharged into any stream or upon any land which is classified as a solid waste or which may be conducive to the breeding of vermin or insects.
§ 172-20 Heat, cold, dampness or movement of air.
No activities producing heat, cold, dampness or movement of air are permitted which shall produce any material effect on the temperature, motion or humidity of the atmosphere at the lot line or beyond.
§ 172-21 Noise.
No new use proposed in any district which by the nature of its use, operation or activity produces noise of objectionable character or volume as noted by a person at the property line of the parcel upon which the offending use is located will be permitted:
A.
Residential uses:
(1)
In excess of 60 dba for any period of time between the hours of 10:00 p.m. and 7:00 a.m.
(2)
In excess of 80 dba for any period of time between the hours of 7:01 a.m. and 9:59 p.m.
(3)
The use of maintenance equipment, including but not limited to power mowers, on a temporary basis, in residentially zoned districts shall be exempt from the standards in this section.
B.
Commercial uses: in excess of 90 dba for more than two hours during a twenty-four-hour period.
C.
Industrial uses: in excess of 90 dba for two hours during a twenty-four-hour period.
§ 172-22 Electrical disturbance or radioactivity.
No activities which result in the emission of dangerous radioactivity at any point are permitted, and no electrical disturbance adversely affecting the operation at any time of any equipment shall be permitted.
§ 172-23 Maintenance of property.
[Amended 5-12-2014 by Ord. No. 3-2014]
The owner or lessee of the property, whether occupied or vacant, shall maintain such premises so that all portions of the property shall be kept free of junk, debris, disabled motor vehicles, and dangerous, hazardous or noxious matter. Persons engaged in agricultural production may store chemical fertilizers or nutrients on property being so utilized.
§ 172-24 Vehicle and equipment maintenance.
A.
In the L-I Light Industrial, H-C Highway Commercial, and M Manufacturing Zoning Districts all movable equipment repair done on the property shall be performed within an enclosed building, except that minor maintenance activities may be completed on the exterior of a lot where space has been provided for the temporary parking or storage of vehicles and movable equipment if completed within 90 days of the commencement of such maintenance activities.
B.
In residentially zoned areas, minor vehicle maintenance activities may be conducted in driveways, but in no case shall repairs be made on vehicles and movable equipment which would result in the permanent storage of said vehicles or movable equipment on the exterior of the lot.