Nottingham Township Washington County
City Zoning Code
City Zoning Code
ARTICLE XIV
Performance Standards
§ 425-102 General application.
A.
Permitted, conditional and special exception uses, and uses accessory thereto, are subject to the following performance standards and procedures.
B.
In order to determine whether a proposed use will conform to the requirements of this chapter, the Zoning Officer or the appropriate reviewing body may require a plan of the proposed construction or development and description of machinery or techniques to be used during operation of the proposed use. The appropriate reviewing body may also obtain a qualified consultant to testify. See Section 908(1.1) of the MPC,[1] Act 247, pertaining to cost for consulting services.
[1]
Editor's Note: See 53 P.S. § 10908(1.1).
§ 425-103 Performance standards procedure.
A.
Prior to construction and operation. Any application for a building permit, zoning permit or occupancy 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.
B.
Continued compliance. Continued compliance with performance standards is required and enforcement of continued compliance with these performance standards shall be the duty of the Zoning Officer.
C.
Determination of violation. The Zoning Officer shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, the Township of Nottingham shall initiate enforcement proceedings by sending an enforcement notice as provided under Section 616.1, Enforcement notice, MPC, Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1.
D.
Enforcement remedies. See enforcement and violation standards of this chapter as well as MPC, Act 247, and other pertinent sections of Act 247.
§ 425-104 Noise and glare.
Uses, signs or lighting devices which produce either continuous or intermittent direct or reflected glare on adjoining properties or public thoroughfares shall not be permitted.
§ 425-105 Vibration.
Any use or portion thereof creating intense or earthshaking vibrations shall be set back from the lot lines on all sides to a distance which will ensure that in no case shall any such vibration create a nuisance or hazard beyond such lot lines. Vibrations detectable without instruments on neighboring property shall be prohibited.
§ 425-106 Smoke.
The maximum amount of smoke emission permissible shall be determined by use of the standard Ringlemann Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed. Exception to this may occur when starting fires or when there is a temporary breakdown of equipment. The emission and control of smoke must comply with Washington County regulations.
§ 425-107 Odor.
A.
No use shall emit odorous matter in such quantities as to be readily detectable at any point along or behind the boundaries of the lot wherein it is located. Malodorous gas or matter shall not be permitted to be emitted which negatively impacts property interest on any neighboring lot.
B.
The control of odors must meet and comply with Washington County regulations.
§ 425-108 Solid waste disposal.
A.
No person or use shall dispose any solid waste material within the Township. Commercial and industrial disposal shall be disposed of in a manner approved by the Department of Environmental Protection.
B.
Restaurants, meat markets and other food establishments will store and dispose of grease, lard and excess meat products (renderings) in closed containers. Vehicles transporting the above shall be covered at all times during transit. Haulers of the same shall keep all public rights-of-way free from any such products and odors from the same.
C.
No resident, owner or tenant, institution, commercial or industrial establishment shall empty any waste or water into the public sewer system which may contain fat, oil or grease exceeding the limits set by Peters Creek Sanitary Authority.
§ 425-109 Hazardous waste.
No liquid or solid waste known to be or determined to be hazardous by the Pennsylvania Department of Environmental Protection or other appropriate state or federal agencies shall be dumped, buried or otherwise dispersed within the Township. Temporary storage is permitted during the timer period between generation and orderly disposal in accordance with state and federal law.
§ 425-110 Liquid waste or sewage.
No discharge shall be permitted into a reservoir, sewage or storm disposal system, river or stream, open body of water or into the ground of any materials in such a way or of such nature or temperature as could contaminate any water supply or otherwise cause the emission of dangerous or elements. Such contaminants or emissions must be treated so that insoluble substances (oils, grease, acids, alkalis or other chemicals) are in accordance with the standards as approved by appropriate agencies of the Pennsylvania Department of Environmental Protection and the regulations of the Township.
§ 425-111 Erosion.
No erosion by wind or water shall be permitted which will carry or deposit substances onto neighboring properties. Provisions required by Washington County shall be applicable to all development or redevelopment.