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North York City Zoning Code

ENVIRONMENTAL PROTECTION

§ 154.080 EROSION CONTROL.

   The landowner, person and/or entity performing any earth disturbance shall utilize sufficient measures to prevent soil erosion and sedimentation of creeks.
   (A)   The disturbed land area and the duration of exposure shall be kept to a practical minimum.
   (B)   Except for agricultural activities, any earth disturbance of 5,000 square feet or greater of land area shall require the submission of an erosion and sedimentation control plan to the borough and the County Conservation District and which shall be subject to the Conservation District’s approval if the Conservation District provides a review.
   (C)   See state erosion control regulations (25 Pa. Code Chapter 102).
(2006 Code, § 27-501) (Ord. 12/18/2003, passed 12-18-2003, § 501) Penalty, see § 154.999

§ 154.081 NUISANCES AND HAZARDS TO PUBLIC SAFETY.

   No landowner, tenant nor lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:
   (A)   Transmission of communicable disease, including conditions that may encourage the breeding of insects or rodents;
   (B)   A physical hazard to the public, or a physical hazard that could be an attractive nuisance that would be accessible by children;
   (C)   Pollution to groundwaters or surface waters, other than as authorized by a state or federal permit;
   (D)   Risks to public health and safety, such as but not limited to explosion, fire or biological hazards; and
   (E)   Interference with the reasonable use and enjoyment of property by a neighboring landowner of ordinary sensitivities.
(2006 Code, § 27-502) (Ord. 12/18/2003, passed 12-18-2003, § 502) Penalty, see § 154.999

§ 154.082 WETLANDS.

   The Zoning Officer may require an applicant to prove that a suspect area proposed for alteration does or does not meet the state or federal definition of a “wetland”.
(2006 Code, § 27-503) (Ord. 12/18/2003, passed 12-18-2003, § 503) Penalty, see § 154.999

§ 154.083 FLOOD-PRONE AREAS (“FLOODPLAIN”).

   The borough floodplain ordinance, as codified in Chapter 152, shall apply.
(2006 Code, § 27-504) (Ord. 12/18/2003, passed 12-18-2003, § 504) Penalty, see § 154.999

§ 154.084 NOISE.

   (A)   No principal or accessory use, or operations or activities on its lot, shall generate a sound level exceeding the limits established in the table below, when measured at the specified locations:
 
Sound Level Limits by Receiving Land Use District
Land Use or Zoning District Receiving the Noise
Hours/Days
Maximum Sound Level
At a lot line of a residential use in a residential district
7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Year’s Day, Labor Day and Memorial Day
63 dBA
9:00 p.m to 7:00 a.m. plus all day Sundays, Christmas Day, Thanksgiving Day, New Year’s Day, Easter Sunday, Labor Day and Memorial Day
57 dBA
At any other lot line
All times and days
70 dBA
Note: dBA means “A” weighted decibel.
 
   (B)   The maximum permissible sound level limits set forth in the above table shall not apply to any of the following noise sources:
      (1)   Sound needed to alert people about an emergency;
      (2)   Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7:00 a.m. and 8:00 p.m., except for clearly emergency repairs which are not restricted by time;
      (3)   Household power tools and lawnmowers between the hours of 8:00 a.m. and 9:00 p.m.;
      (4)   Agricultural activities including permitted raising of livestock, but not exempting a commercial kennel;
      (5)   Public celebrations specifically authorized by the Borough Council or a county, state or federal government agency or body;
      (6)   Unamplified human voices or the sound of animals;
      (7)   Routine ringing of bells and chimes by a place of worship or municipal clock; and
      (8)   Vehicles operating on a public street, railroads and aircraft.
(2006 Code, § 27-505) (Ord. 12/18/2003, passed 12-18-2003, § 505) Penalty, see § 154.999

§ 154.085 ODORS AND DUST.

   No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot.
(2006 Code, § 27-506) (Ord. 12/18/2003, passed 12-18-2003, § 506) Penalty, see § 154.999

§ 154.086 CONTROL OF LIGHT AND GLARE.

   (A)   Generally. This section shall only regulate exterior lighting that spills across lot lines or onto public streets.
      (1)   Street lighting exempted. This section shall not apply to street lighting that is owned, financed or maintained by the borough or the state, nor to an individual porch light of a dwelling.
      (2)   Height of lights.
         (a)   No luminary, spotlight or other light source that is within 100 feet of a lot line of an existing dwelling or approved residential lot shall be placed at a height exceeding 20 feet above the average surrounding ground level.
         (b)   This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building, nor lighting of outdoor public recreation facilities.
      (3)   Diffused. All light sources, including signs; shall be properly diffused as needed, with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots.
      (4)   Shielding. All light sources, including signs, shall be shielded around the light source and carefully directed and placed to, prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings, and to prevent the lighting from shining into the eyes of passing motorists.
      (5)   Flickering. Flashing, flickering or strobe lighting are prohibited, except for non- advertising seasonal lights between October 25 and January 10.
      (6)   Spillover. Exterior lighting on an institutional, commercial or industrial property shall not cause a spillover of light onto a residential lot that exceeds one-half horizontal foot-candle at a distance ten feet inside the residential lot line.
      (7)   Gasoline sales canopies. All light fixtures under the canopy shall be recessed into the canopy or screened by an extension around the bottom of the canopy so that lighting elements are not visible from another lot.
   (B)   Additional information. If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards of this section, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards.
(2006 Code, § 27-507) (Ord. 12/18/2003, passed 12-18-2003, § 507) Penalty, see § 154.999