Moosic City Zoning Code
ARTICLE VI
Performance Standards
§ 300-31 Applicability.
All existing and proposed permitted uses, special exceptions, and conditional uses and uses accessory thereto, are subject to the following performance standards and procedures.
§ 300-32 Procedures.
A.
Prior to construction and operation.
(1)
Any application for a building permit for a use, which shall be subject to performance standards, shall be accompanied by a sworn statement by the owner of subject property that said use will be operated in accordance with the performance standards set forth herein.
(2)
Such application shall further be accompanied by a report prepared by a licensed professional engineer describing the methods or procedures to be undertaken to assure compliance with the performance standards specified herein; provided, however, that the Zoning Hearing Board will consider requests for a waiver of this requirement and may waive this requirement for uses which are not considered likely to violate any of the standards set forth herein.
B.
Continued compliance. Continued compliance with performance standards is required and enforcement of continued compliance with these performance standards shall be the responsibility of the Zoning Officer.
§ 300-33 Regulation of nuisance elements.
A.
Definition of elements. No land or building in any district which shall be used or occupied for manufacturing purposes shall be operated in such a manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other nuisance, condition or element in such amount as to adversely affect the surrounding area or premises (referred to herein as "dangerous or objectionable elements"); provided that any use permitted by this chapter may be undertaken and maintained in any district if it conforms to the regulations of this subsection limiting dangerous and objectionable elements at the specified point or points of the determination of their existence.
B.
Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of any dangerous and objectionable elements shall be made at:
§ 300-34 Standards to be enforced.
A.
Fire and explosion hazards.
(1)
In all activities involving, and all storage of, inflammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws and regulations shall also apply.
(2)
No highly flammable or explosive liquids, solids or gases shall be stored in bulk above the ground except in structures according to commonwealth and federal specifications.
(3)
All outdoor storage facilities for fuel shall be enclosed by an approved safety fence to prevent access thereto by unauthorized individuals.
(4)
All materials or wastes which might cause fumes, constitute a fire hazard, or attract rodents or insects may only be stored if enclosed in buildings or containers which are adequate to eliminate such hazards.
(5)
No materials, fuels, wastes, or flammable substances may be deposited or stored on a lot in such a manner as to allow them to be transferred off the lot by natural causes or forces. No substances, including but not limited to gasoline, oil, waste oil, and chemicals which can contaminate a stream or watercourse or render such stream or water source unusable or undesirable as a source of water supply, or recreation or which will destroy or damage aquatic life shall be stored in such a location so that it could be introduced into the said stream or watercourse by natural causes or forces, or by rupture of storage containers or accidental discharge.
B.
Radioactivity or electrical disturbance. 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.
C.
Noise.
(1)
At the points of measurement specified in § 300-33B, the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table No. 7 after applying the corrections shown in Table No. 8. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, New York, and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds Z24.10-1953, or latest approved revision thereof, American Standards Associated, Inc., New York, New York, shall be used.)
Table No. 7 | ||||
|---|---|---|---|---|
Octave Band Frequency (Hz) | ||||
Greater Than | Less Than or Equal to | Residential District (decibels) | Nonresidential (decibels) | |
20 | 75 | 72 | 79 | |
75 | 150 | 67 | 74 | |
150 | 300 | 59 | 66 | |
300 | 800 | 52 | 59 | |
800 | 1,200 | 46 | 53 | |
1,200 | 2,400 | 40 | 47 | |
2,400 | 4,800 | 34 | 41 | |
4,800 | — | 32 | 39 | |
(2)
If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table No. 8 shall be applied to the octave band levels given in Table No. 7.
Table No. 8 | |||
|---|---|---|---|
Type or Location of Operations or Character of Noise | Correction in Decibels | ||
Daytime operation only | 5 | ||
Noise source operates less than:1 | |||
20% of any one-hour period | 5 | ||
5% of any one-hour period | 10 | ||
Noise of impulsive character, hammering, etc. | -5 | ||
Noise of periodic character, hum, screech, etc. | -5 | ||
Property is located in an M District and is not within 500 feet measured horizontally or vertically of any R District | 10 | ||
NOTES: | |
1Apply one of these corrections only. |
D.
Vibration.
(1)
No activity or operation shall produce at any point along the property line continuous earthborne vibrations greater than the maximum displacement as permitted in the following table:
Table No. 9 | ||||
|---|---|---|---|---|
Frequency (Hz) | ||||
Greater Than | Less Than or Equal to | Residential District Displacement (inches) | Nonresidential District Displacement (inches) | |
0 | 10 | 0.0004 | 0.0020 | |
10 | 20 | 0.0002 | 0.0010 | |
20 | 30 | 0.0001 | 0.0006 | |
30 | 40 | 0.0001 | 0.0004 | |
40 | 50 | 0.0001 | 0.0003 | |
50 | — | 0.0001 | 0.0002 | |
(2)
Discrete pulses that do not exceed 100 impulses per minute may not produce more than twice the displacement specified in the table.
E.
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in § 300-33B. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter. In no event shall a lighting intensity greater than 0.25 footcandle (2.7 lux), measured at grade, be permitted beyond property lines.
F.
Smoke, dust, fumes, vapor and gas control.
(1)
The emission of dust, dirt, flyash, fumes, vapors, or gases which cause any damage to human health, to animals or to vegetation or other forms of property, or which can cause soiling or staining of persons or property at any point beyond the lot line of the use creating such emission, is hereby prohibited.
(2)
No activity in any industrial district shall be reactivated, established, modified, constructed, or operated without having obtained valid permits and/or certificates from the Pennsylvania Department of Environmental Protection or its successor agency for airborne emissions. Such proof of compliance shall consist of duplicate copies of such permits and/or certificates for the current time period. In addition to the requirements of the Department of Environmental Protection or its successor agency, the following requirements shall apply:
(a)
Particulate matter. No use shall exceed the national ambient air quality standards established in the federal Clean Air Act or the requirements of Titles 25 and 35 of the Pennsylvania Code as they are amended and adopted for particulate matter.
(b)
Smoke or steam. No use may emit from a vent, stack, chimney, or combustion process any smoke that exceeds a density or equivalent capacity of Ringelmann No. 1, except that an emission that does not exceed a density of equivalent capacity of Ringelmann No. 2 is permissible for a duration of not more than four minutes during any eight-hour period if the source of such emission is not located within 250 feet of a residential district. All measurements shall be taken at the point of emission of the smoke. (For the purpose of determining the density of equivalent opacity of smoke, the Ringelmann Chart, as adopted and published by the United States Department of Interior, Bureau of Mines Information Circular 8333, May 1967, shall be used. The Ringelmann number referred to in this section refers to the number of the area of the Ringelmann Chart that coincides most nearly with the visual density of equivalent opacity of the emission of smoke observed. For example, a reading of Ringelmann No. 1 indicates a twenty-percent density of the smoke observed.)
(c)
Toxic matter and hazardous material. Emissions of chemicals, gases, components, or elements, listed as being toxic matter or hazardous material by the American Conference of Governmental Industrial Hygienists, the Pennsylvania Department of Environmental Protection or the U.S. Environmental Protection Agency, or their successor agencies, shall not exceed any stated threshold limit value in any industrial district. No emission of toxic matter shall exceed 50% of the threshold limit value in any adjacent residential or commercial district.
G.
Odors. No emission shall be permitted of malodorous gases or other malodorous matter in such quantities as to be readily detectable at the property line of the zone lot from which they are emitted without instruments.
H.
Liquid and solid wastes. No operation shall discharge wastes of any kind into a surface water or a groundwater source. All methods of waste disposal shall be approved by the Pennsylvania Department of Environmental Protection. Such evidence of approval shall be provided to the Borough. The owner of any parcel governed by this chapter may be required at the discretion of the Borough to monitor the groundwater and surface water in the vicinity of his premises. Water testing shall be conducted at an interval deemed appropriate by the governing body on any stream located on the premises or any stream within 500 feet of any area used for storage of liquid or solid wastes. In addition, the well located on the premises shall also be sampled at an interval to be deemed appropriate by the governing body. The sample shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the governing body and results shall be provided to the Borough. If samples exceed the limits established by the Pennsylvania Department of Environmental Protection, remedial action shall be taken in accordance with this chapter.
I.
Heat. No activity or use shall produce heat perceptible beyond its property lines and no use shall be permitted that would cause the ambient water temperature, as defined by the Pennsylvania Department of Environmental Protection, or its successor agency, to rise or fall more than 5° Fahrenheit (2.8° Celsius) during the ten-year, seven-day low flow in any natural pond, stream, river, or other watercourse.