Hanover City Zoning Code
ARTICLE VI
Performance Standards
§ 370-600 Application, review, approval, and enforcement.
A.
Application. Permitted, conditional, and special exception uses and developments are subject to the performance standards and procedures in this section.
B.
Review. Prior to construction and operation, an application for a building permit, zoning permit or occupancy permit for a use or development which shall be subject to performance standards shall be accompanied by the following:
(1)
A sworn statement by the owner of subject property that said use or development will be constructed and/or operated in accordance with the performance standards set forth herein;
(2)
Any plans, drawings, details, written description, or other pertinent information determined by the Zoning Officer or appropriate reviewing body as necessary to review the proposed use or development against these standards.
(3)
In addition, the appropriate reviewing body may also obtain a qualified consultant to prepare a report and/or testify. See § 908(1.1) of the Pennsylvania Municipalities Planning Code, Act 247,[1] pertaining to cost for consulting services.
[1]
Editor's Note: See 53 P.S. § 10908.
C.
Continued compliance. Continued compliance with performance standards is required and enforcement of continued compliance with these performance standards shall be the duty of the Zoning Officer.
D.
Determination of violation. The Zoning Officer shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, the Borough of Hanover shall initiate enforcement proceedings by sending an enforcement notice as provided under § 616.1, Enforcement notice, Pennsylvania Municipalities Planning Code, Act 247.[2]
[2]
Editor's Note: See 53 P.S. § 10616.1.
E.
Enforcement remedies. See § 617.2, Enforcement remedies, Pennsylvania Municipalities Planning Code, Act 247[3] and other pertinent sections of Act 247.
[3]
Editor's Note: See 53 P.S. § 10617.2.
§ 370-601 Air Pollution.
No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to the health of persons, to animals, vegetation or other property or which can cause any excessive soiling. All matters concerning air pollution shall conform to the York County Health Department Air Pollution Control Regulations.
§ 370-602 Erosion.
Erosion by wind or water which will carry or deposit objectionable substances onto neighboring properties shall not be permitted. Provisions required by the York County Conservation District shall be applicable to all development or redevelopment.
§ 370-603 Fire protection.
A.
New or substantially reconstructed structures shall follow building codes regarding fire protection and access for emergency vehicles.
B.
Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involves the handling or storage of flammable or explosive materials. All industrial uses shall be carried on only in buildings classified for their use and structure by the Pennsylvania Department of Labor and Industry and shall be carried on in such a manner as to conform fully to the standards herein and with such precautions against fire and explosion hazards as to produce no exposure hazard to a use on an adjacent property, either at present or in the future.
C.
The storage, utilization or manufacture of materials or products, ranging from free to active burning as determined by the Fire Marshal, is permitted subject to compliance with all other performance standards, and provided that the following conditions are met:
(1)
Such materials or products shall be stored, utilized or produced within completely enclosed buildings or structures reviewed by the Fire Marshal.
(2)
If required, all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the Fire Marshal.
D.
Any commercial or industrial activity, including the storage of bulk chemicals, oils, gasoline, compressed gas, etc., if not covered by local, county or state codes shall be covered by safety standards established for particular products and materials by commercial and industrial codes, regulations and laws, including the requirement to install approved and recommended smoke detectors. All activity shall be carried on only in buildings classified as acceptable by the National Board of Fire Underwriters. All new structures shall be constructed according to the Fire Protection Provisions of the Pennsylvania Department of Labor and Industry for those type buildings requiring its review and approval.
§ 370-604 Hazardous waste.
No liquid or solid waste known to be or determined to be hazardous by the Pennsylvania Department of Environmental Protection or other appropriate state or federal agencies shall be dumped, buried or otherwise dispersed within the Borough.
§ 370-605 Liquid waste or sewage.
No discharge shall be permitted into a reservoir, sewage or storm disposal system, river or stream, open body of water or into the ground of any materials in such a way or of such nature or temperature as could contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements. Such objectionable contaminants or emissions must be treated so that insoluble substances (oils, grease, acids, alkalis or other chemicals) are in accordance with the standards as approved by appropriate agencies of the Pennsylvania Department of Environmental Protection and the regulations of the Borough. See Borough of Hanover Sewer Use Ordinance No. 039-84, as revised, or other establishing regulations for the discharge of sanitary sewage and industrial wastes to the public sanitary sewerage system.
§ 370-606 Odor.
No use shall emit odors in such quantities as to be readily detectable along or beyond the boundaries of the lot wherein it is located. Malodorous gas or matter shall not be permitted to be emitted which is so objectionable as to damage property interest on any neighboring lot. The control of odors must meet and comply with the York County Health Department Air Pollution Control Regulations.
§ 370-607 Radioactivity or electrical disturbance.
A.
No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance or adversely affecting any persons in the vicinity of such disturbance.
B.
No activity shall cause repetitive or continuous electrical disturbance adversely affecting television, radio or other equipment in the vicinity.
§ 370-608 Smoke.
The maximum amount of smoke emission permissible shall be determined by use of the Standard Ringlemann Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed. Exception to this may occur when starting fires or when there is a temporary breakdown of equipment. The emission and control of smoke must comply with the York County Health Department Air Pollution Control Regulations.
§ 370-609 Solid waste disposal.
A.
No person or use shall dispose any solid waste matter or fill within the Borough. Commercial and industrial disposal shall be disposed of in a manner approved by the Department of Environmental Protection.
B.
Restaurants, meat markets and other food establishments will store and dispose of grease, lard and excess meat products (renderings) in closed containers. Vehicles transporting the above shall be covered at all times during transit. Haulers of the same shall keep all public rights-of-way free from any such products and odors from the same.
C.
No resident, owner or tenant, institution, commercial or industrial establishment shall empty any waste or water into the public sewer system which may contain fat, oil or grease exceeding the limits contained in the Borough Sewer Use Ordinance.
§ 370-610 Stormwater management.
A.
Any alteration or development of land or structures, or any change in use which may affect stormwater runoff characteristics shall comply with the Hanover Borough Stormwater Management Ordinance. Land alterations include earth disturbances, installation of or changes to driveways, parking areas, and other impervious surfaces, or structural additions to a site as defined in the Stormwater Management Ordinance.[1]
[1]
Editor's Note: See Ch. 310, Stormwater Management.
B.
Any alteration or development of land or structures, or any change in use shall not cause additional flow of stormwater to adjacent properties. Discharge of stormwater into natural drainage channels (on or off site) or into the municipal storm system shall only occur when the provisions of the Stormwater Management Ordinance have been met.
C.
Best management practices (BMPs) described in the Hanover Borough Stormwater Management Ordinance and the Pennsylvania Best Management Practices Manual are strongly encouraged to manage stormwater impacts when altering or developing a site. Smaller infill and redevelopment projects shall make use whenever possible of on-site BMPs suited for an urban environment, such as underground treatment or infiltration facilities, rain gardens, permeable paving, soil decompaction and amendments, native-landscaped swales, rain barrels, planted "green" roofs, and others. Larger redevelopment and greenfield development projects shall include appropriate BMPs to meet requirements of the Stormwater Management Ordinance.
§ 370-611 Tree removal.
A.
Applicability. This section shall apply to any properties proposed for development which meet any of the following criteria:
(1)
The lot(s) on which development is proposed consist(s) of 0.5 acre or more;
(2)
At least 10 dwelling units are proposed;
(3)
At least 20,000 square feet of gross floor area of non-residential use is proposed;
(4)
Cumulative disturbance of 25 or more mature and healthy trees is proposed; or
(5)
Cumulative disturbance of one or more healthy specimen trees is proposed. Specimen trees are those with a 24 inches diameter at four ft in height.
B.
Specimen trees. Healthy trees with a diameter of 24 inches or more shall be retained unless a variance is granted by the Zoning Hearing Board.
C.
Tree removal. If 40% or more of four-inch caliper living trees (at four ft height) are proposed for removal, replacement tree planting shall be required as follows:
(1)
A new tree of at least one-inch caliper (at four ft height) shall be planted for every four-inch minimum caliper (at four ft height) tree proposed for removal beyond the replacement tree threshold.
(2)
Replacement trees shall be of species native to south-central Pennsylvania.
(3)
Replacement trees shall be in addition to other zoning landscaping requirements.
(4)
Replacement trees may be planted off-site with Planning Commission agreement.
D.
Site plan. A arborist-prepared site plan shall be submitted prior to tree disturbance as part of the required development review procedure. The site plan shall include all existing trees over four-inch caliper at four ft height, tree condition, trees which are proposed for removal, and the location, size, and species of proposed replacement trees.
§ 370-612 Vehicle traffic impacts.
A.
In reviewing an application for a zoning permit, special exception, variance, or conditional use permit, the reviewing entity may require the applicant to submit a traffic impact study to determine traffic impacts on the site and surrounding road network.
B.
Where required, a traffic impact study shall follow guidelines put forth in PennDOT's Highway Occupancy Permit Operations Manual (Appendix A — Policies and Procedures for Transportation Impact Studies).
§ 370-613 Vibration.
Any use or portion thereof creating intense or earthshaking vibrations shall be set back from the lot lines on all sides to a distance which will ensure that in no case shall any such vibration create a nuisance or hazard beyond such lot lines. Vibrations detectable without instruments on neighboring property shall be prohibited.
