Prior to Construction and Operation. Any application for a building 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.

Continued Compliance. Continued compliance with performance standards is required and enforcement of continued compliance with these performance standards shall be enforced by the Zoning Officer or Zoning Hearing Board.

Determination of Violation. The Zoning Officer shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the Zoning Hearing Board of the occurrence or existence of a probable violation thereof. Said Board shall investigate the alleged violation. If after public hearings on due notice, and upon the recommendation of the Planning Commission, said Board finds that a violation occurred or exists, such violation shall be terminated as provided in Subsection 4 following.

Termination of Violation. All violations as ascertained in accordance with Subsection 3 above shall be terminated within 30 days of the decision of the Zoning Hearing Board or shall be deemed a separate violation for each day following and subject to fines as set forth herein, except that certain uses established before the effective date of this Chapter and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith as determined by said Board.

Definition of Elements. No land or building in any C-4 or I Districts which shall be used or occupied for manufacturing purposes shall be operated in such a manner so as to create any dangerous, injurious, noxious, or otherwise objectionable, fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other substance, condition or element in such amount as to adversely affect the surrounding area or premises (referred to herein as "dangerous or objectionable elements"); provided that any use permitted by this Chapter may be undertaken and maintained in any C-4 or I District if it conforms to the regulations of this subsection limiting dangerous and objectionable elements at the specified point or points of the determination of their existence.

Locations Where Determinations Are to be Made for Enforcement of Performance Standards. The determination of the existence of any dangerous and objectionable elements shall be made at:

Fire and Explosion Hazards. In all activities involving, and all storage of, inflammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of commonwealth and local laws and regulations shall also apply.

Radioactivity or Electrical Disturbance. 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.

Noise.

Vibration. No vibration shall be permitted which is detectable without instruments at the points of measurement specified in § 27-703.

Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in § 27-703. This restriction shall not apply to signs otherwise permitted by the provisions of this Chapter.

Smoke. No emission shall be permitted from any chimney or otherwise of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringelmann Chart, published by McGraw-Hill Publishing Co., Inc., and copyrighted 1954 (being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 3 on said chart may be emitted for 4 minutes in any 30 minutes.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable at the property line of the zone lot from which they are emitted without instruments.

Other Forms of 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 health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling.

Definition. As used in this section, the following terms shall have the meanings indicated:

Removal. Unless otherwise agreed in writing by the Borough, the owner must remove an abandoned wireless communications tower within 180 days after the tower's owner receives written notice from the Borough notifying the owner of such abandonment. Failure to remove an abandoned tower within the one-hundred-eighty-day period will be grounds for the Borough to remove, or cause the removal of, the tower at the owner's expense. Any written agreement permitting an abandoned tower to remain in place will toll the running of the one-hundred-eighty-day period, which will not resume until the tower's owner actually receives written notice from the Borough revoking such agreement.

Notice and Penalty. If the owner of any wireless telecommunications tower to whom a written notice of abandonment was given fails to complete removal of the abandoned telecommunications tower within 180 days of receipt of the written notice of abandonment, the owner shall be guilty of a violation of this section, and upon conviction thereof, shall be sentenced to pay a fine of not more than $100 and costs of prosecution; provided, each day's continuance of a violation shall constitute a separate offense.

Applicability. Notwithstanding any other provision within Part 7, this § 27-705and Subsections 1 through 3 shall be applicable in all zoning districts.