New Freedom City Zoning Code
ARTICLE VI
Performance Standards
§ 225-601 Compliance required; purpose; investigations.
All uses and activities established in any district after the effective date of this chapter shall comply with the performance standards set forth in §§ 225-602 through 225-608. All existing uses and activities which are in compliance with the performance standards set forth in §§ 225-602 through 225-608 on the effective date of this chapter shall continue in compliance. All existing uses and activities which are not in compliance with the performance standards set forth in §§ 225-602 through 225-608 on the effective date of this chapter shall be brought into compliance within one year following the effective date of this chapter.
A.
Purpose. The purpose of these performance standards is to curtail any existing or potential environmental harm by any use in New Freedom Borough, whether a principal or accessory use or a conforming or nonconforming use, specifically:
(1)
By allowing existing or potential environmental nuisances to be measured factually and objectively;
(2)
By ensuring that all land uses will provide methods to protect the Borough and its neighbors from hazards and nuisances that can be prevented, controlled, or eliminated, as appropriate; and
(3)
By protecting industries or other land uses from arbitrary exclusion or persecution based solely on the nuisance production or reputation by any particular land use activity in the past.
B.
Investigations. Investigations necessary for administration and enforcement of the performance standards set forth herein range from those that can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment, to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(1)
Where investigations can be made by the Zoning Officer or other Borough employees using equipment normally available to the Borough or obtainable without extraordinary expense, such investigations shall be performed and a determination made that a violation exists before notice of violation is issued.
(2)
Where technical complexity or extraordinary expense makes it unreasonable for the Borough to maintain the personnel or equipment necessary to make difficult or unusual investigations, any such property owner upon whose property a violation is alleged to exist shall be given the opportunity of correcting any such alleged violation on the property owner's own recognizance prior to performing any necessary investigations. The purpose of this section is to protect both property owners and the general public from unnecessary costs for administration and enforcement.
(3)
If the Zoning Officer finds, after making investigations in the manner set forth in this chapter, that there is a violation of the performance standards set forth herein, (s)he shall take or cause to be taken lawful action to cause correction to within the limits established by such performance standards. Failure to obey lawful orders concerning such corrections shall be punishable under the provisions of § 225-1107.
(4)
If, in the considered judgement of the Zoning Officer, there is probable violation of the performance standards set forth herein, the following procedures shall be followed:
(a)
The Zoning Officer shall give written notice, by certified mail, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation, and the reasons why the Zoning Officer believes there is a violation, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Officer within a time limit set by the Zoning Officer. The notice shall state, and it is hereby declared, that failure to reply or correct the alleged violation to the satisfaction of the Zoning Officer within the time set constitutes admission of violation of the terms of this chapter. The notice shall state that, on request of those to whom it is directed, technical determinations as described in this chapter will be made and that, if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such penalties as may be appropriate, but that, if it is determined that no violation exists, the cost of the determination will be paid by the Borough.
(b)
If there is no reply within the time limit set but the alleged violation is corrected to the satisfaction of the Zoning Officer, (s)he shall note "violation corrected" on his/her copy of the notice and shall retain it among his/her official records, taking such other action as may be warranted.
(c)
If there is no reply within the time limit set and the violation is not corrected to the satisfaction of the Zoning Officer within the time limit set, (s)he shall take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
(d)
If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Zoning Officer but requesting additional time, the Zoning Officer may grant an extension of time if (s)he deems it warranted in the circumstances of the case and if the extension will not, in his/her opinion, cause imminent peril to life, health, or property.
(e)
If a reply is received within the time limit set requesting technical determination as provided in this chapter, and if the alleged violation continues, the Zoning Officer may call in properly qualified experts to make the determinations. If such determinations indicate violation of the performance standards, the costs of the determinations shall be assessed against the person or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of § 225-1107.
(f)
If no violation is found, the costs of the determinations shall be paid by the Borough without assessment against the person or persons involved.
§ 225-602 Noise.
The sound level of any operation shall not exceed the decibel levels of the preferred frequencies cited below or as modified or exempted. The sound-pressure level shall be measured with an octave band analyzer calibrated in the preferred frequencies conforming to the specifications published by the American Standards Association (Preferred Frequencies for Acoustical Measurements, SI 6-1960, American Standards Association, New York, New York).
A.
Residential or conservation district standards. At no point:
(1)
On or beyond the lot line of any lot within any Residential or Conservation District; or
(2)
On or beyond the district boundary line from any Work and Service District into any Residential or Conservation District shall the sound-pressure level resulting from any use, operation, or activity exceed the maximum permitted sound-pressure levels set forth as follows:
Center Frequency (cycles per second) | Maximum Permitted Sound-Pressure Level (decibels) |
|---|---|
31.5 | 65 |
63 | 67 |
125 | 66 |
250 | 59 |
500 | 52 |
1,000 | 46 |
2,000 | 37 |
4,000 | 26 |
8,000 | 17 |
(Sound pressure level in decibels equals 0.0002 dynes/cm.) | |
B.
Work and Service District standards. At no point on or beyond the lot line of any lot within any Work and Service District shall the sound-pressure level resulting from any operation exceed the maximum permitted sound levels set forth below:
(1)
Daytime standards (between the hours of 7:00 a.m. and 7:00 p.m.):
Center Frequency (cycles per second) | Maximum Permitted Sound-Pressure Level (decibels) |
|---|---|
31.5 | 76 |
63 | 74 |
125 | 68 |
250 | 63 |
500 | 57 |
1,000 | 52 |
2,000 | 45 |
4,000 | 38 |
8,000 | 32 |
(Sound pressure level in decibels equals 0.0002 dynes/cm.) | |
(2)
Nighttime standards (between the hours of 7:00 p.m. and 7:00 a.m.) shall be the same limits as for Residential and Conservation Districts provided in § 225-602A.
(3)
Short-duration noises. For noise sources not operating for more than six minutes in any one-hour period, an additional 10 decibels may be added to the table in § 225-602B(1) This correction shall apply in daytime hours only.
§ 225-603 Vibration.
A.
No use shall cause vibrations exceeding the maximum values specified in this section. The maximum vibration is given as particle velocity that may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
PV | = | 6.28 F x D, where: |
PV | = | Particle velocity, inches per second |
F | = | Vibration frequency, cycles per second |
D | = | Single amplitude displacement of the vibration in inches |
B.
Particle velocity.
(1)
Particle velocity shall be the vector sum of three individual components measured simultaneously in three mutually perpendicular directions.
Maximum Ground Transmitted Vibration | ||
|---|---|---|
Particle Velocity (inches/second) | ||
Zoning District | Adjacent Lot Line | Residential District |
Residential and Conservation | 0.02 | 0.02 |
Work and Service | 0.10 | 0.02 |
(2)
Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 120 per minute, then the values in this table may be multiplied by two.
C.
Source: Industrial Performance Standards, Planning Advisory Service Report No. 272, American Planning Association, September 1971.
§ 225-604 Explosive hazards.
§ 225-605 Heat.
No heat from any use or activity shall be sensed at any property line to the extent of raising the temperature of air or materials more than 1° F.
§ 225-606 Glare.
A.
In all districts, outdoor lighting shall be so arranged and shielded to prevent objectionable illumination or glare upon adjoining residential uses in any district or upon any public street. In Work and Service Districts, any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandle when measured in any Residential or Conservation District.
B.
Source: The Lighting Handbook, Illuminating Engineering Society, New York, New York.
§ 225-607 Air pollution, airborne emissions and odor.
A.
In any district, air quality standards for air pollution, airborne emissions, and odor shall be the those set forth by the Pennsylvania Department of Environmental Protection in their Rules and Regulations.
B.
Localized odors.
(1)
The following additional regulations shall apply to odors of a localized nature:
(a)
Odorous material released from any operation or activity, other than agricultural uses, shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation.
(b)
Odor thresholds shall be measured in accordance with ASTM d 1931-57, Standard Method for Measurement of Odor in Atmosphere (Dilution Method), or its equivalent.
(c)
In case of conflict between commonwealth and Borough regulations, the more restrictive shall apply.
(2)
Source: Industrial Performance Standards, Planning Advisory Service Report No. 272, American Planning Association, September 1971.
§ 225-608 Water pollution.
A.
All uses and activities in New Freedom Borough shall meet all applicable requirements of the Pennsylvania Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1, as amended.
B.
Materials with any potential whatsoever for groundwater pollution may not be stored up-gradient of any Borough water supply well.