Oakmont City Zoning Code
ARTICLE XI
Performance Standards
§ 205-1101 General application.
Permitted, conditional and special exception uses enumerated in Articles IV and V and uses accessory thereto are subject to the following performance standards and procedures. 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 § 908(1.1) of the Pennsylvania Municipalities Planning Code, Act 247,[1] pertaining to cost for consulting services.
[1]
Editor's Note: See 53 P.S. § 10908(1.1).
§ 205-1102 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 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 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 grounds for the same, the Borough of Oakmont shall initiate enforcement proceedings by sending an enforcement notice as provided under § 616.1, Enforcement notice, Pennsylvania Municipalities Planning Code, Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1.
§ 205-1103 Fire protection.
Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involves the handling or storage of flammable or explosive materials.
A.
All industrial uses shall be carried on only in buildings classified for their use and structure by the Pennsylvania Department of Labor and Industry and shall be carried on in such a manner as to conform fully to the standards herein and with such precautions against fire and explosion hazards as to produce no exposure hazard to a use on an adjacent property, either at present or in the future.
B.
The storage, utilization or manufacture of materials or products, ranging from free to active burning as determined by the Fire Marshal, is permitted subject to compliance with all other performance standards, and provided that the following conditions are met:
(1)
Such materials or products shall be stored, utilized or produced within completely enclosed buildings or structures reviewed by the Fire Marshal.
(2)
If required, all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the Fire Marshal.
C.
Any commercial or industrial activity, including the storage of bulk chemicals, oils, gasoline, compressed gas, etc., if not covered by local, county or state codes shall be covered by safety standards established for particular products and materials by commercial and industrial codes, regulations and laws, including the requirement to install approved and recommended smoke detectors. All activity shall be carried on only in buildings classified as acceptable by the National Board of Fire Underwriters. All new structures shall be constructed according to the fire protection provisions of the Pennsylvania Department of Labor and Industry for those type buildings requiring its review and approval.
§ 205-1104 Radioactivity or electrical disturbance.
A.
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 or adversely affecting any persons in the vicinity of such disturbance.
B.
No activity shall cause repetitive or continuous electrical disturbance adversely affecting television, radio or other equipment in the vicinity.
§ 205-1105 Noise and glare.
§ 205-1106 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.
§ 205-1107 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 the Allegheny County Health Department air pollution control regulations.
§ 205-1108 Odor.
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 is so objectionable as to damage property interest on any neighboring lot. The control of odors must meet and comply with the Allegheny County Health Department air pollution control regulations.
§ 205-1109 Solid waste disposal.
A.
No person or use shall dispose any solid waste matter or fill within the Borough. 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.
§ 205-1110 Air pollution.
No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to the health of persons, to animals, vegetation or other property or which can cause any excessive soiling. All matters concerning air pollution shall conform to the Allegheny County Health Department air pollution control regulations.
§ 205-1111 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 Borough.
§ 205-1112 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 objectionable elements. Such objectionable 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 Borough. See Borough of Oakmont Sewer Use Ordinance No. 039-84, as revised, establishing regulations for the discharge of sanitary sewage and industrial wastes to the public sanitary sewerage system.[1]
§ 205-1113 Erosion.
No erosion by wind or water shall be permitted which will carry or deposit objectionable substances onto neighboring properties. Provisions required by the Allegheny County Conservation District shall be applicable to all development or redevelopment.