New Hanover Township
City Zoning Code
City Zoning Code
PART 20
NUISANCE STANDARDS
§ 27-2001 Noise.
[Ord. 3/29/1990A, § 1400; as amended by Ord. 93-2, 2/8/1993, § 47; and by Ord. 98-6, 6/22/1998, § 10]
1.
The sound level of any operation (other than the operation of motor vehicles or other ground transportation facilities on public highways; operations involved in the construction or demolition of structures between 6:00 a.m. and 10:00 p.m.; emergency alarm signals or time signals) shall not exceed the decibel levels in the designated octave bands as stated below. The sound-pressure level shall be measured with a sound level meter and octave band analyzer that conform to specifications published by the American National Standards Institute. American National Standard Specification for Sound Level Meters, S1.4-1971, American National Standards Institute, Inc., New York, New York, and the American Standard Specification for an Octave, Half Octave and Third Octave Band Filter Sets, S1.11-1966, R 1971, American National Standards Institute, Inc., New York, New York, shall be used.
2.
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). These standards shall apply to the expansion of nonconforming uses as well as uses conforming to the use regulations for the applicable district.
Frequency Bond (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 1,400 | 40 | |
2,400 to 4,800 | 34 | |
Above 4,800 | 32 |
3.
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 above.
Type of Operation or Character of Noise | Correction in Decibels | |
|---|---|---|
Noise occurs between the hours of 10:00 p.m. and 6:00 a.m. | -3 | |
Noise occurs less than 5% of any 1-hour period | +3 | |
Noise is of periodic character (hum, scream, etc.), or is of 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 |
§ 27-2002 Smoke and Open Burning.
[Ord. 3/29/1990A, § 1401; as amended by Ord. 97-7, 10/13/1997, § 27-1502]
1.
No smoke or other source of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines shall be emitted from any chimney, except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than four minutes in any thirty-minute period.
2.
Nothing in this chapter shall preclude the burning of domestic trash on the premises of any detached dwelling. This domestic trash shall be limited to that generated on the premises and shall be limited to a quantity normally generated by one family.
3.
Open burning by any nonresidential or any other residential use shall be prohibited except when such burning is at least 1,000 feet from any property line and 1,000 feet from any office, industrial plant or other structure in which people reside, are employed or otherwise gather.
4.
All burning, except as specified above, shall be regulated by 25 Pa.Code, Chapter 129, Standards for Sources, as amended, of the Pennsylvania Department of Environmental Protection.
5.
No open burning shall take place on a lot of less than 25,000 square feet. Permitted burning shall take place only between sunrise and sunset and shall be contained and attended.
§ 27-2003 Dust, Fumes, Vapors and Gases.
[Ord. 3/29/1990A, § 1402]
1.
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, to vegetation or to 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.
2.
No emission of liquid or solid particles from any chimney or other source shall exceed 0.3 grains per cubic foot of the carrying 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.
§ 27-2004 Heat.
[Ord. 3/29/1990A, § 1403]
No use shall produce heat perceptible beyond its lot lines.
§ 27-2005 Odor.
[Ord. 3/29/1990A, § 1404]
1.
No use shall emit odorous gases or 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 50% response level of Table 1 (Odor Thresholds in Air), "Research on Chemical Odors: Part 1-Odor Thresholds for 53 Commercial Chemicals," October, 1968, Manufacturing Chemists Association Inc., Washington, D.C.
2.
Subsection .1, above shall not apply to odors normally created as part of an agricultural or horticultural use except that no animal waste produced off of the property shall be stockpiled unless processed to eliminate all offensive odors.
3.
Exhaust fans shall not be directed toward the street, parking area or other areas where people pass or gather.
§ 27-2006 Glare.
[Ord. 3/29/1990A, § 1405; as amended by Ord. 95-8B, 11/25/1995, § 21]
No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines. In general, lighting fixtures that shield the reflector or lens or any high brightness surface from viewing angles above 60° from horizontal shall be utilized. Glare shall be defined as direct or indirect light of greater than 1/2 footcandle at the property line or above a plane level with the top of the light fixture. Lighting facilities shall be provided and arranged in a manner which will not cause adverse effects upon the highway and any properties from glare. A lighting plan shall be submitted and shall be subject to review and approval by the Township Engineer.
§ 27-2007 Vibrations.
[Ord. 3/29/1990A, § 1406]
1.
No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of vibration produced as a result of construction activity. The standards below are as set forth in the Table of Frequency Amplitude Relations. Vibration shall be expressed as displacement in inches and shall be measured with a standard three component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.
Frequency of Ground Motion In Cycles per Second | Maximum Amplitude of Ground Motion in Inches, not more than | |
|---|---|---|
Up to 10 | 0.0305 | |
20 | 0.0153 | |
30 | 0.0102 | |
40 | 0.0076 | |
50 | 0.0061 | |
60 | 0.0051 |
2.
At least five working days prior to any blasting, a blasting permit shall be secured from the Township.
3.
At least 24 hours prior to any blasting, the person who proposes to undertake any blasting shall notify the owners of all adjoining properties of the date and time such blasting is intended to be undertaken.
§ 27-2008 Storage and Waste Disposal.
[Ord. 3/29/1990A, § 1407; as amended by Ord. 97-7, 10/13/1997, § 27-1508; and by Ord. 17-03, 3/27/2017]
1.
The following requirements shall apply to nonresidential uses:
A.
No liquids, solids or gases having a flash point less than 73° F. (as specified in the National Fire Code, Vol. 12 and 13, National Fire Protection Association), shall be stored in bulk above ground, except tanks or drums of fuel, having a maximum capacity of 3,000 gallons, connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel. This provision shall not apply to Use H10 in the Heavy Industrial District.
Capacity of Flammable Materials Permitted, Gallons[1] | ||
|---|---|---|
Flash Point Closed Cup Tester | Above Ground | |
140° F. or higher | 10,000 | |
74° F. to 139° F. | 5,000 | |
73° F. or less, fuels connected to energy devices | 3,000 | |
[1]
When flammable gases are stored and measured in cubic feet, the quantities of cubic feet at standard temperature and pressure permitted shall not exceed 30 times the quantities listed above.
B.
Except for storage facilities or single-family dwellings and uses regulated by agencies of the commonwealth, all outdoor above ground storage facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors, shall be enclosed by a fence with a minimum height of eight feet. Such fence shall be chain link, stockade, picket (not exceeding three-inch spacing), solid wood, building wall or other such material as may be acceptable to the Zoning Officer to carry out the intent of this chapter.
C.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse. Disposal of sewage, septage or sludge must meet the requirements of the Pennsylvania Department of Environmental Protection.
D.
All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
§ 27-2009 Radioactivity.
[Ord. 3/29/1990A, § 1408]
There shall be no activity which emits dangerous or harmful radioactivity.
§ 27-2010 Electrical Disturbance.
[Ord. 3/29/1990A, § 1409]
There shall be no electrical disturbance adversely affecting the operation of any equipment beyond the property line of the creator of such disturbance.
§ 27-2011 Compliance.
[Ord. 3/29/1990A, § 1410]
Based on probable cause, the Township may require an owner or operator of any use, at the owner's or operator's expense, to perform tests, studies, samplings or other analyses as may be required to show compliance with the nuisance standards of this chapter.
§ 27-2012 Solid Waste Disposal.
[Ord. 3/29/1990A, § 1411]
All nonresidential uses or activities shall submit a solid waste disposal plan which specifically identifies areas of compliance with the New Hanover Township Solid Waste Management Plan and Recycling Plan.