Edgmont Township City Zoning Code
ARTICLE XXIII
Peace and Good Order
§ 365-156 Environmental controls.
A.
Purpose. It is the intent of these regulations to prevent land or buildings from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition in a manner or amount as to adversely affect the neighboring properties or the community. These provisions are supplemental and are in addition to other provisions in this chapter. In the event of a conflict between these provisions and other provisions within the chapter, the more restrictive shall apply.
B.
Noise control. The following provisions shall apply to any noise-producing source within the Township:
(1)
Proof of disturbance. Noise above the level of normal conversation (i.e., 60 to 70 dB) from any of the following prohibited acts which disturbs two or more residents, occupants or owners of separate and distinct properties located across one or more lot lines from the property from which the noise emanates, who are in agreement as to the time(s) and duration of the noise, shall be prima facie evidence of an unlawful noise disturbance.
(2)
Interference with monitoring equipment. It shall be unlawful for any person to intentionally move or render inaccurate or inoperative or cause to move or render inaccurate or inoperative any equipment or other device installed by (or caused to be installed by) the Township or other governmental entity to monitor any noise perceptible within the Township boundaries.
(3)
General provisions. Except as otherwise provided to the contrary, no person shall make, continue, allow, or cause to be made, allowed or continued, the following noise disturbances so as to be audible across a lot line between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day on weekdays (Sunday night through Friday morning) and between 9:00 p.m. of one day and 8:00 a.m. the next day on weekends (Friday night through Sunday morning):
(a)
Electronic disturbance. Operating or playing any device which produces, reproduces or amplifies sound.
(b)
Power tool disturbance. Operating or permitting the operation of any powered saw, drill, sander, grinder, lawn or garden tool or mower, or similar devices used outdoors.
(c)
Loading disturbance. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, equipment, machinery or other objects of a similar nature.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
Motor vehicle disturbance. Operating a motor vehicle or any equipment attached to the vehicle in such a manner that the sound level emitted by the vehicle or equipment exceeds the level set forth in the PA Motor Vehicle Code.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
(e)
Vehicle repair. Repairing, rebuilding or testing or otherwise working on any motor vehicle in such a manner as to cause a disturbance.
(f)
Alteration use. Using a product which has had a muffler, sound-dissipative device or element of sound-reducing design removed or rendered inoperative at any time of the day or night.
(g)
Construction disturbance.
[1]
Construction operations. Operating or permitting the operation of any tools or equipment used for construction operations, drilling, demolition, construction site cleanup or other work in areas proximate to residential districts between the hours of 7:00 p.m. of one day and 7:00 a.m. of the following day on weekdays (Mondays through Thursdays); between the hours of 7:00 p.m. on Fridays and 8:00 a.m. on Saturdays; or at any time on Sunday or legal holidays, such that the sound therefrom causes a disturbance across a residential lot line, except for emergency work.
[2]
Blasting. Blasting may occur only if performed in accordance with a permit issued by the Township and only between 9:00 a.m. and 4:00 p.m., Monday through Friday, unless specifically authorized otherwise by the permit.
(h)
General noise disturbance. In addition to the regulations of this section governing specific types of noise disturbances, the provisions of this section shall also apply to regulate general noise disturbances within the Township, including, by way of example and not limitation, the operation of mechanized or motorized toys, aircraft, ATVs and motorcycles designed for off-road use, and the conduct of hobby and recreational activities.
(4)
Animal disturbance. No person shall possess any animal that makes sounds continuously for a period of 10 minutes or makes such noise repeatedly for 1/2 hour or more to the disturbance of any person at any time of the day or night except in the case where the animal is being provoked.
(5)
Exemptions. The following sounds are exempted from the above provisions:
(a)
Concerts and carnivals. Where permitted as a special event, band concerts, church carnivals or other performances or similar activities presented in any space outdoors, provided such activities do not occur between the hours of 10:00 p.m. on one day and 10:00 a.m. on the following day.
(b)
Emergency equipment. Sounds caused by the performance of emergency work or by the ordinary and accepted use of emergency apparatus and equipment.
(c)
Utility installation. Sounds resulting from the repair, replacement, or installation of any municipal or utility equipment.
(d)
Unamplified sounds. Unamplified sounds created by organized, school-related activities or other public programs, activities, or events.
(e)
Warning devices. Sounds made by warning devices operating continuously for three minutes or less. In the event of an actual emergency, this limitation shall not apply.
C.
Trash containment. The following provisions shall apply to dumpsters and exterior trash storage areas:
(1)
Location. Dumpsters or other trash storage areas shall be located in areas of least visibility on the tract.
(2)
Pickup times. Dumpsters or other trash storage containers shall not be emptied by a commercial hauler before 6:00 a.m. on weekdays or 7:00 a.m. on weekends or after 9:00 p.m. on any night.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Screening. Dumpsters and outside trash storage areas shall be screened from public view and otherwise in accordance with the requirements of the zoning district and Article XX.
D.
Storage control. The following provisions shall apply to the storage of goods and materials within the Township:
(1)
Flammable and volatile materials. No person shall store or allow to be stored any flammable, highly volatile or explosive liquids, solids or gases in bulk except in accordance with federal, state and local laws.
(a)
Fencing of storage facilities. All outdoor storage facilities for fuel, raw materials, and like products shall be surrounded by a fence of a type, construction and size that is adequate to provide a continuous visual buffer to any adjacent properties. The fencing must be in accordance with all federal, state and local laws. In addition, bollards shall be provided that protect the facility from vehicular traffic.
[1]
Home heating tanks. Tanks storing home heating fuel for on-site use are exempt from this section.
(2)
Contamination control. No person shall deposit or cause to be deposited upon a lot any materials or wastes in such a manner that they may be transported off by any forces of nature.
(a)
Contamination of watercourses. No substance which may contaminate a stream or other watercourse or otherwise render such stream or other watercourse undesirable as a source of water supply or recreation, or which will destroy or otherwise harm aquatic life, shall be allowed to enter any stream or other watercourse or cause or contribute to a violation of federal, state or local law.
(b)
Contamination of land. No substance which may damage, destroy or create hazards or contamination to humans, animals, soil and/or vegetation shall be allowed to be deposited upon a lot or cause or contribute to a violation of federal, state, or local law.
(3)
Odor control.
(a)
Material and waste storage. No person shall store materials or waste or cause any condition to exist which may:
[1]
Cause or be reasonably likely to cause odors beyond the area of storage; or
[2]
Attract rodents or insects or otherwise be conducive to their breeding.
(b)
Outdoor storage. Material and waste may be kept outdoors only if secured in an enclosed container which eliminates the hazards of Subsection D(3)(a) above.
(c)
Compliance with laws. All storage shall be in compliance with federal, state and local laws.
(d)
Measurement. No person shall cause or permit the emission of odorous gases or other odorous matter which exceed the odor thresholds as measured in accordance with ASTM d1391-57 (or latest revision) "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."
(e)
Odor threshold concentration. Odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line measured at ground level to a height of 40 feet from ground level of the district in which the use is located.
(f)
Exception. The provisions of this subsection shall not apply to agricultural use odors of the kind and character typically expected with agricultural use operations conducted in accordance with applicable regulations and best management practices unless such odors become a nuisance or pose a threat to public health and/or safety or are in violation of federal, state or local laws.
(4)
Unlicensed and inoperative vehicles, machinery and equipment.
(a)
General prohibition. Nonserviceable vehicles, machinery and equipment or any vehicles which do not have both a current inspection sticker and current registration plate may not be kept or stored on a property unless:
[1]
Vehicles, equipment and machinery described in Subsection D(4)(a) above, which contain fuel or other fluids are stored on an impervious surface; and
[2]
Storage of such vehicles, equipment and machinery is within a garage or similarly enclosed structure, under a cover or buffered from public view by a solid fence or evergreen screen in accordance with Township codes, rules and regulations.
(b)
Exceptions. The requirements of Subsection D(4)(a)[2] above shall not apply to the following:
[1]
Vehicles, machinery and equipment with registrations and/or inspections which have been expired for less than 180 days or which have official "historic," "antique" or "classic" registration designations.
[2]
Vehicles, machinery and equipment when located on a property and regularly used in connection with active agricultural use on that property.
[3]
Vehicles, machinery and equipment when located on a property in connection with a principal permitted use involving the sale, storage, assembly or repair of such vehicles, machinery and equipment.
E.
Glare and heat control. The following provisions shall apply to the generation of heat and glare within the Township:
(1)
Glare. There shall be no direct or indirect glare, whether from spotlights, floodlights or from high-temperature processes, such as combustion or welding, or from other sources so as to be visible beyond the lot line of the property from which the glare emanates.
(2)
Heat. There shall be no emission or transmission of heat or heated air so as to be discernible beyond the lot line of the property from which the heat emanates.
F.
Fire and explosion control. The following provisions shall apply to any activities involving flammable and explosive material within the Township:
(1)
Safety measures. All activities involving flammable and explosive materials at any point within a lot shall be conducted with adequate safety and firefighting devices in accordance with all federal, state and local laws.
(2)
Storage. The storage of flammable and explosive materials shall be in accordance with this article.
(3)
Open burning. Open burning shall be prohibited in all zoning districts except as allowed by DEP.
G.
Soil erosion, sedimentation and grading control. The following provisions shall apply to soil erosion, sedimentation and grading control within the Township:
(1)
Construction and land development. No construction or land development activity shall occur except in strict compliance with Chapter 305, Subdivision and Land Development, and Chapter 193, Grading and Excavations, and Chapter 292, Stormwater Management, of the Edgmont Township Code (as each of the foregoing may be amended, supplemented or replaced from time to time), federal, state, county and other local laws. Such reference is made to call particular attention to the controls which shall be exercised when clearing trees and other vegetation or otherwise changing or altering the landform.
H.
Dust and particulate control. No person shall cause or permit to cause any condition which creates dust or particulates so as to travel and settle on a lot beyond the lot line from which the dust or particulates emanate.
I.
Sewage disposal control. The following provisions shall apply to the disposal of sewage in the Township:
(1)
Replacement area. Unless public sewers are available, a 100% replacement area shall be provided for any on-lot sewage disposal system on any lot proposed for development. Such replacement area shall serve as an absorption area as necessary.
(a)
Both the primary and replacement sewage disposal areas shall be on the lot which they serve unless otherwise authorized by the Board of Supervisors.
(b)
The primary and replacement sewage disposal areas shall be identified and protected from vehicle traffic and disturbance or alteration at all times.
(2)
Sewage disposal. The disposal of sewage by any means other than an approved, permitted system shall be prohibited.
(3)
Sewage overflow. The overflow of sewage onto the ground or into waters of the commonwealth shall be prohibited.
