Montour Township Columbia County, PA Zoning Ordinance

Montour Township Columbia County
City Zoning Code

PART 6

PERFORMANCE STANDARDS

§ 27-600 Compliance.

[Ord. 5/9/1972, § 600]

All uses and activities established after the effective date of this chapter shall comply with the following standards.

§ 27-601 Abatement of Noxious Influences.

[Ord. 5/9/1972, § 610; as amended by Ord. 12/12/1991B, § 12]

Noise.

The sound level of any operation (other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the decibel levels in the designated octave bands stated below. The sound-pressure level shall be measured with a sound level meter and an octave band analyzer that conform to the specifications published by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z 24.3 - 1944, American Standards Association, Inc., New York, New York; and the American Standard Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z 24.10-1953 American Standards Association, Inc., New York, New York, shall be used.)

Sound-pressure levels shall be measured at the property line upon which the emission occurs. The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows: (All of the decibel levels stated below shall apply in each case.)

Frequency Bank (Cycles per Second)	Maximum Permitted Sound-Pressure Level (Decibels)
0 to 150	67
150 to 300	59
300 to 600	52
600 to 1,200	46
1,200 to 2,400	40
2,400 to 4,800	34
Above to 4,800	32

If the noise is not smooth and continuous or is radiated during sleeping hours, one or more of the corrections below shall be added to or subtracted from each of the decibel levels given herein.

Type of Operation or Character of Noise	Corrections in Decibels
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m.	- 3
Noise occurs less than 5% of any one-hour period.	+ 5
Noise if of periodic character (hum, scream, etc.) or impulsive character (hammering, etc.). (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse; and impulse peaks shall not exceed the basic standards given above.)	- 5

Smoke and Gases.

No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 1 on the Ringelmann Smoke Chart published by the U.S. Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any 30 minute period.

The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, animals, vegetation or 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.

No emission of liquid or solid particles from any chimney or other source shall exceed 0.3 grain per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.

Odor. No use shall emit odorous gases or leave open to the air other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the most restrictive provisions of Table III (odor thresholds) in Chapter 5, "Air Pollution Abatement Manual," copyright 1951, by Manufacturing Chemists Association, Inc., Washington, D.C. All commercial, industrial and institutional uses shall also comply with the best available control technology requirements of the Pennsylvania Department of Environmental Protection, as published in Title 25 of the Pennsylvania Code of Regulations, Chapter 127.

Heat. No use shall produce heat perceptible and measurable beyond its lot lines, including, but not limited to, radiant heat, reflected heat and/or solar gain, and heated water discharge to surface water.

Glare. No use shall produce a strong dazzling light or a reflection of a strong dazzling light beyond its lot lines.

Vibrations. No use shall cause vibrations exceeding the maximum values specified in this section. The requirements of the Surface Mining Conservation and Reclamation Act by the Pennsylvania Department of Environmental Protection, latest applicable revision,[1] shall be in effect here. However, the vibrations as measured on any adjacent lot line are to be limited to 1.5 inches per second as measured by suitable, properly calibrated instrumentation. Further, at the discretion of the Supervisors, this value of 1.5 inches per second may be revised to a reasonable lower value.

[1]

Editor's Note: See 52 P.S. § 1396.1 et seq.

§ 27-602 Buffering, Screens, Fences and Walls.

[Ord. 5/9/1972, § 620; as amended by Ord. 12/12/1991B, § 13; and by Ord. 1/11/2007, §§ 2, 3, 4]

When Required. In general, buffering, either in the form of yard space or screening, is required in commercial and industrial districts along district boundaries between themselves and residential districts and along public streets.

Buffer yards shall be required in HC Districts when abutting SR and VR Districts.

Screening shall be required in Industrial Districts when abutting SR and VR Districts.

Where railroads or rivers serve as district boundaries, no buffering is required along such boundary.

Where streams or other bodies of water serve as district boundaries, such stream or body of water may serve to meet the buffering requirements, provided, approved by special exception.

Buffer Yards. A buffer yard is yard space as defined in § 27-201 but whose dimension normally exceeds the normal building setback requirements.

Buffer yards shall be at least 50 feet in width, measured from the applicable district boundary line. Buffer yards may be coterminous with required front, side or rear yards but in no case shall the combined width be less than 50 feet.

In all buffer yards, the exterior twenty-five-foot width shall be planted with grass seed, sod or ground cover and maintained and kept clean of all debris, rubbish, weeds and tall grass in conformance with existing regulations.

Passenger automobiles shall be permitted in the portion of the buffer yard exclusive of the exterior twenty-five-foot width.

Within the exterior 25 feet, screening in accordance with § 27-602(3) shall be included.

Screening.

Along the border of two different land uses, the developer shall provide a landscaped buffer area of low- and medium-height shrubs and evergreen trees together with canopy trees designed to produce, by the end of a ten-year growth period, the screening opacity level as required by the approved land development plan. The following table is intended as a guide for review of such plan and indicates the opacity levels as a percentage number.

Table
Existing Adjacent Land Use (percentage)
Proposed Land Use	AG	C	HC	SR	VR	I	P
Agriculture (AG)	0	0	0	25	50	0	E
Conservation (C)	0	0	75	25	50	25	R
Highway Commercial (HC)	25	75	25	50	75	25	C
Industrial (I)	25	25	25	50	75	0	E
Suburban Residential (SR)	25	25	50	25	25	50	N
Village Residential (VR)	50	50	25	25	25	75	T

Screens. Screens shall meet the following requirements:

(1)

Screens shall be positioned so as to allow mowing and maintenance on the outboard side without the necessity to cross over the property line. Except when the screen is used for an agricultural purpose, including, but not limited to, containing and controlling livestock, protecting crops, and delineating a farm boundary line, and except as provided in § 27-602, Subsection (3)(B)(4) below, a minimum of a five-foot setback from the property line, including all outer limbs of any vegetative screens at maturity, shall be required.

(2)

The screen planting shall be broken only at points of vehicular or pedestrian access.

(3)

All screens shall be maintained to fulfill the functional purpose of that specific screen. The Zoning Officer shall direct the repair and maintenance of any screen which the Officer deems in need of such work.

(4)

A screen may be permitted on the property line if:

(a)

An easement is granted by the adjacent property owner(s);

(b)

Such easement is duly recorded in the office of the Recorder of Deeds of Columbia County.

(c)

Documentation of the said recorded easement is submitted with the zoning permit application.

(5)

The screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year.

(6)

The height of screens shall be designed to blend compatibly with adjoining preexisting screens.

(7)

In accordance with the provisions of § 27-501, Subsection 3, a clear sight triangle shall be maintained at all street intersections and where private accessways intersect public streets.

Fences and screens, except agricultural and agricultural boundary line fences, shall be positioned so as to allow mowing and maintenance on the outboard side without the necessity to cross over the property line. A minimum of a five-foot setback from the property line, including all outer limbs of any vegetative screens at maturity, shall be required.

The height of fences and screens shall be designed to blend compatibly with adjoining preexisting fences and screens.

Fences and screens shall be designed and positioned so as to respect the need for solar access and right to scenic view of adjoining preexisting developments.

In accordance with the provisions of § 27-501(3), a clear sight triangle shall be maintained at all street intersections and where private accessways intersect public streets.

The screen planting shall be broken only at points of vehicular or pedestrian access.

Fences and Walls.

Fences and walls, except agricultural and agricultural boundary line fences, shall be positioned so as to allow mowing and maintenance on the outboard side without the necessity to cross over the property line. A minimum of a five-foot setback from the property line shall be required, unless specifically permitted as per § 27-602, Subsection 4.

The height of fences and walls shall be designed to blend compatibly with adjoining preexisting fences and walls and shall average not higher than six feet in residential developments or eight feet in commercial and industrial developments. In all other areas, the height shall average not higher than six feet, with the exception of agricultural fencing.

In accordance with the provisions of § 27-501, Subsection 3, a clear sight triangle shall be maintained at all street intersections and where private accessways intersect public streets. All fences and walls shall be set back at least five feet from the edge of the right-of-way of any adjoining alley or street.

Fences/walls having only one finished side shall be installed so that the finished side faces adjoining property and as viewed from any public travel corridor (e.g., road, alley, bikeway, or designated trail).

All fences/walls shall be maintained to fulfill the functional purpose of that specific fence/wall. The Zoning Officer shall direct the repair and maintenance of any fence/wall which the Officer deems in need of such work.

Security fences, for commercial, industrial, governmental or institutional purposes. Security fences not higher than eight feet and to be constructed of material with no sharp exposed edges and not electrified may be permitted of right by the Zoning Officer. Security fences higher than eight feet or to be constructed of material which has sharp exposed edges or to be electrified or solid fences/walls may be permitted as a special exception, upon submittal of the specific design and a site plan, if the Zoning Hearing Board determines that said fence/wall will not pose an undue safety hazard to adjacent property owners or the general public. Security fences/walls shall be designed to facilitate emergency access as determined necessary by the Montour Township Volunteer Fire Company Fire Chief and/or Police Chief.

Security Fences, for Residential Purposes. Security fences not higher than six feet and to be constructed of material with no sharp exposed edges may be permitted of right by the Zoning Officer. Security fences shall not be permitted higher than an average of six feet in residential neighborhoods. Security fences/walls shall be designed to facilitate emergency access as determined necessary by the Montour Township Volunteer Fire Company Fire Chief and/or Police Chief.

Subject to § 27-501, Subsection (3), and § 27-602, Subsection (4)(A), the yard setback provisions do not apply to fences and walls.

A fence or wall may be permitted on the property line if:

(1)

An easement is granted by the adjacent property owner(s);

(2)

Such easement is duly recorded in the office of the Recorder of Deeds of Columbia County;

(3)

Documentation of the said recorded easement is submitted with the zoning permit application.

Fences with lockable gate(s) at a minimum of four feet high shall be installed around in-ground swimming pools. Fences shall not be required for above-ground swimming pools greater than four feet above grade, so long as a lockable gate is installed at the ladder.

§ 27-603 (Reserved) [1]

[1]

Editor's Note: Former § 603, Floodway Regulations, adopted 5/9/1972, as amended, was repealed 2/13/2020 by Ord. No. 2020-1. See now Ch. 8, Floodplain Management.

§ 27-604 Natural Hazards.

[Ord. 5/9/1972; as added by Ord. 12/12/19918, § 15]

Natural hazards include, but are not limited to, unstable slopes and soils, sink-holes, extremely steep slopes (generally 25% slope or greater, except as may be specified elsewhere in this chapter or in Chapter 22), unstable soils, and those nonfloodplain areas prone to sudden and intensive overland sheet flow of stormwater.

Land uses, activities and developments which may be vulnerable to or aggravate natural hazards shall not be located or expanded in areas prone to natural hazards.

All excavation, fill, driveways, roads, and buildings shall be positioned not closer than 100 feet from such natural hazard.

It shall be the responsibility of the applicant or developer to determine or cause to be determined whether any such natural hazard(s) exist in close proximity to the proposed development site. Should such natural hazards be found, the applicant shall present a professional certification, from the appropriate specialized professional qualified to assess the degree of hazard, that the proposed land use, activity or development as located and designed will not endanger the public or adjacent properties.

§ 27-605 Maintenance.

[Ord. 5/9/1972; as added by Ord. 12/12/1991B, § 16; and as amended by Ord. 7/10/1997, 7/10/1997, § 8]

Multiple-family developments, apartment buildings, mobile home parks and selected residential, institutional, commercial and industrial developments which are owned by a single person, partnership, association, congregation, cult, sect or corporation shall submit, as part of the zoning permit application, a maintenance plan for the development. Where the Zoning Officer finds that an approved required maintenance plan has not been regularly implemented or that preexisting multiple-family developments, apartment buildings, mobile home parks and selected residential, institutional, commercial and industrial developments contain or have created a public health or safety hazard or public nuisance, the Zoning Officer may order said property owner to clean up the property and abate such health or safety hazard or public nuisance. Where the property owner fails to comply with said order the Zoning Officer may suspend or revoke the zoning permit or initiate such civil proceedings as necessary to remedy the problem.

For purposes of this chapter, accumulations of trash, garbage, rags, debris, junk, junked vehicles, waste tires, human or animal waste, dead animals, singularly or in combination, and such other conditions as harbor or promote the breeding of rodents, vectors and vermin or as determined by the Pennsylvania Department of Health shall constitute a public health hazard and a public nuisance.

For purposes of this chapter, accumulations of paper, trash, debris, rags, and other flammable or spontaneously combustible materials or explosives not properly stored shall constitute a public safety hazard.

§ 27-606 Receiving and Shipping, Cleaning, Repair or Overhaul, Dispatching, Refueling, Distribution, Transfer and Trucking Related Activities or Terminal Operations.

[Ord. 5/9/1972; as added by Ord. 12/12/1991B, § 17]

Trucking and trucking-related activities and operations, regardless of which zoning district, whether an accessory or principal use, whether preexisting or subject to zoning permit requirements hereafter, shall be required to comply with the following standards:

All such activities and operations shall be conducted in a manner which avoids the creation of or aggravation of any public health or safety hazard or public nuisance.

All such activities and operations shall be conducted in a manner which avoids the creation of any adverse impact or threat to the natural environment.

All such activities and operations shall be conducted in a manner which avoids the creation of conditions which impair the enjoyment or productive use of adjacent properties, or generate added cost to the owners or tenants of adjacent properties to conduct such uses and activities as permitted by this chapter for the district in which the property is situated.

All such activities and operations, whether owned by a single person, partnership or corporation, shall submit as part of the zoning permit application a maintenance plan for the development or operation. Where the Zoning Officer finds that an approved required maintenance plan has not been regularly implemented or that preexisting trucking and trucking-related activities and operations contain or have created a public health or safety hazard or public nuisance, the Zoning Officer may order said property owner to clean up the property and abate such health or safety hazard or public nuisance. Where the property owner fails to comply with said order the Zoning Officer may revoke the zoning permits and the Township may initiate such proceedings as are necessary to abate the problem.

§ 27-607 Commercial or Industrial Washing, Cleaning, Repair, Fabrication, Service, Refueling or Outdoor Display of Vehicles.

[Ord. 5/9/1972; as added by Ord. 12/12/1991B, § 18]

Commercial vehicle washes, repair, service, refueling, outdoor display, industrial vehicle cleaning, fabrication and related activities, regardless of which zoning district, whether an accessory or principal use, whether preexisting or subject to zoning permit requirements hereafter, shall be required to comply with the following standards:

All such activities and operations shall be conducted in a manner which avoids the creation of or aggravation of any public health or safety hazard or public nuisance.

All such activities and operations shall be conducted in a manner which avoids the creation of any adverse impact or threat to the natural environment.

All such activities and operations, whether owned by a single person, partnership or corporation, shall submit, as part of the zoning permit application, a maintenance plan for the development or operation. Where the Zoning Officer finds that an approved required maintenance plan has not been regularly implemented or that preexisting commercial vehicle washes, repair garages or activities, service stations, refueling operations, fuel storage, outdoor display, industrial vehicle cleaning, fabrication and related activities and operations contain or have created a public health or safety hazards or public nuisance, the Zoning Officer may order said property owner to clean up the property and abate such health or safety hazard or public nuisance. Where the property owner fails to comply with said order, the Zoning Officer may suspend or revoke the zoning permit or initiate such civil proceedings as necessary to remedy the problem.

Special attention shall be directed to glare from outdoor display lighting and from solar reflection to avoid traffic safety hazards and unreasonable adverse effects on adjacent properties.

Vehicular maneuvering, including cleaning, customers waiting in queue, display operations, servicing, refueling and related activities, shall be conducted wholly upon and within the permitted premises and shall not employ the use of public right-of-way or create traffic safety hazards during such activities and operations.

Cleaning and servicing of vehicles shall be done in a manner which collects and controls all wastewater and residues or chemicals with treatment and/or pretreatment as required by the Department of Environmental Protection and any off-site sewage treatment facility to which the wastewaters are piped or transported.

Where such washing operations require more than five gallons per minute sustained water supply or 500 gallons of water storage, and are dependent upon groundwater withdrawal, an analysis of groundwater adequacy shall be prepared by a specialized professional of demonstrated qualifications and submitted as part of the zoning permit application. Where such operations propose to be served by a public water utility, evidence that the utility will provide such water service shall be submitted as part of the zoning permit application.

Fabrication and repair operations shall be conducted wholly upon and within the permitted premises and shall not employ the use of public right-of-way nor expose vehicle hulks, parts, components, etc., to public view or from adjacent properties. Screening and/or natural buffers shall be required along streets and roads in accordance with § 27-602 at an opacity of 75%.

Refueling and fuel storage operations shall be conducted upon specially prepared areas designed to contain and control any spills and to facilitate recovery of spilled materials and liquids and firefighting. Any proposed activities or operations shall be reviewed and approved by the Montour Township Fire Chief and a Pennsylvania State Fire Marshall.

§ 27-608 Water Supply and Water Resource Protection.

[Ord. 9/9/2004, § 21]

Where new commercial or industrial (including resource extraction) development is proposed, it shall be the responsibility of the applicant to demonstrate that groundwater resources are adequate to support the level of development proposed with reliable, safe and adequate water service, unless water will be supplied by a certificated public utility or an existing state-permitted nontransient public water system.

Where new commercial or industrial (including resource extraction) development or a substantial change of use is proposed to use a water system other than on-lot wells, it shall be the responsibility of the applicant to demonstrate that a legally binding commitment from the water supplier to provide reliable, safe and adequate water service has been issued.