Ridley Township City Zoning Code
ARTICLE XI
Performance Standards
§ 325-57 Compliance required.
In all districts, all uses and activities established after the effective date of this chapter shall comply with the following standards; all existing uses and activities in compliance with the following standards on the effective date of this chapter shall continue in compliance; and all existing uses and activities not in compliance with §§ 325-58 through 325-63 on the effective date of this chapter shall, within two years following the effective date of this chapter, bring themselves into compliance.
§ 325-58 (Reserved) [1]
[1]
Editor's Note: Former § 325-58, Noise, was repealed 8-27-2003 by Ord. No. 1842.
§ 325-59 Vibration.
No use shall cause vibrations exceeding the maximum values specified in this section. The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed the following formula shall be used:
PV | = | 4.28 F x D |
Where | ||
PV | = | Particle velocity, inches per second |
F | = | Vibration frequency, cycles per second |
D | = | Single amplitude displacement of the vibration inches |
Particle velocity shall be the vector sum of three individual components measured simultaneously in three mutually perpendicular directions. | ||
Maximum Ground Transmitted Vibration | ||
|---|---|---|
Particle Velocity (in inches/second) | ||
Zoning District | Adjacent Lot Line | Residential District |
Residential | 0.05 | 0.02 |
Commercial | 0.10 | 0.02 |
Industrial | 0.20 | 0.02 |
Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 60 per minute, then the values in this table may be multiplied by two. | ||
§ 325-60 Heat.
No heat from any use shall be sensed at any property line to the extent of raising the temperature of air or materials more than 1° F.
§ 325-61 Glare.
In commercial and industrial districts, any operation or activity-producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandles when measured in residential or special district.
§ 325-62 Fire and explosive hazards.
All operations, activities and uses shall be conducted so as to comply with the performance standards governing fire and explosion hazards prescribed below. Such uses shall also comply with the rules and regulations of the currently effective Fire Code of the Township of Ridley[1] and with the regulations of the Department of Labor and Industry.
A.
Detonable materials. Activities involving the storage, utilization or manufacture of products which decompose by detonation shall be in accordance with the regulations of each district. Such materials shall include, but are not limited to: all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetraxoles and ozonides; unstable oxidizing agents such as perchloric acid, perchlorates and hydrogen peroxide in concentration greater than 35%; and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.
(1)
Residential, commercial and special districts. No storage or manufacture of materials or products which decompose by detonation is permitted.
(2)
Industrial districts. The storage or manufacture of materials or products which decompose by detonation is limited to five pounds. Quantities in excess of five pounds of such materials may be stored but not manufactured only when permitted in accordance with the effective Fire Code.[2]
(3)
Utilization. In all districts, the utilization of materials or products which decompose by detonation shall be permitted only when in accordance with the effective Fire Code.
B.
Fire hazards, solids. The regulations of the Department of Labor and Industry of the Commonwealth of Pennsylvania shall apply. In addition thereto shall apply:
(1)
Residential and special districts. The storage, utilization or manufacture of solid materials which are active to intense burning shall not be conducted in any residential or special district.
(2)
Commercial. The storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within spaces having fire resistive construction of no less than two hours and protected with an automatic fire extinguishing system.
(3)
Industrial districts. The storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within walls having a fire resistance no less than two hours or protected by an automatic fire extinguishing system or the building wall shall be no less than 25 feet from all lot lines. The outdoor storage of such materials shall be permitted no closer than 40 feet from all lot lines.
C.
Fire hazards, liquids and gases. The regulations of the Department of Labor and Industry of the Commonwealth of Pennsylvania shall apply. In addition thereto shall apply:
(1)
The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapor shall be permitted only in accordance with this section, exclusive of the storage of finished products in original sealed containers (60 gallons or less) which shall be unrestricted.
(2)
The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted in the following table for each of the districts indicated but no other.
Liquids (Gallons) | |||||
|---|---|---|---|---|---|
Above-Ground Flash Points* | Below-Ground Flash Points* | ||||
Zoning Districts | Less than 70 | 70-200 | Less than 70 | 70-200 | |
C-2, I | 5,000 | 20,000 | 10,000 | 40,000 | |
NOTES: *Flash Point in degrees of Fahrenheit. | |||||
Zoning Districts | Gases (SCF)* Above-Ground | Below-Ground | |
|---|---|---|---|
C-2, I | 150,000 | 300,000 |
NOTES: *SCF = Standard cubic feet at 60° F. and 29.92 inches Hg. | |||
§ 325-63 Air pollution.
Ambient air quality standards have been established by the Commonwealth of Pennsylvania and are enforced by the Regional Air Pollution Control Board. In order to minimize overlapping regulations, the Township adopts these standards as its own. However, to govern situations of a localized nature, the following additional regulations are provided.
A.
Odor. Odor threshold is defined as the lowest concentration of odorous matter that produces an olfactory response in normal human beings. Odor thresholds shall be measured in accordance with ASTM d 1931-57 "Standard Method for Measurement of Odor in Atmosphere (Dilution Method)" or its equivalent.
(1)
Residential, commercial, special districts. Odorous material released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation.
(2)
Industrial districts. Odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line, measured either at ground level or habitable elevation.
(3)
Toxic matter. Should any such odorous material contain toxic material, such airborne toxic matter shall not exceed 1/30 of the odor threshold at the appropriate points of measurement.
B.
Smoke. For the purpose of grading the density or equivalent capacity of smoke, the Ringelmann Chart published by the U.S. Bureau of Mines shall be used.
(1)
Residential, commercial, special districts. The emission of smoke darker than Ringelmann No. 1 from any chimney stack, vent, opening or combustion process is prohibited.
(2)
Industrial districts. The emission of smoke darker than Ringelmann No. 1 from any chimney stack, vent, opening or combustion process is prohibited; however, smoke of a shade not to exceed Ringelmann No. 3 is permitted for up to three minutes total in any one eight-hour period.
§ 325-64 Applicability and enforcement.
A.
Any use established or changed to and any building, structure or land developed, constructed or used for any use or any accessory use thereto shall comply with all the performance standards herein set forth.
B.
If any existing use or building or other structure is extended, enlarged or reconstructed, the performance standards herein set forth shall apply to such extended, enlarged or reconstructed portion or portions of such use, building or other structure.
C.
Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(1)
Where determinations can be made by the Zoning Officer or other Township employees using equipment normally available to the Township or obtainable without extraordinary expenses, such determinations shall be so made before notice of violation is issued.
(2)
Where technical complexity or extraordinary expense makes it unreasonable for the Township to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and protecting the general public from unnecessary costs for administration and enforcement.
D.
If the Zoning Officer finds, after making determinations in the manner set forth in this chapter, that there is a violation of the performance standards set forth herein, he shall take or cause to be taken lawful action to cause correction to within the limits established by such performance standards. Failure to obey lawful orders concerning such corrections shall be punishable under the provisions of § 325-4.
E.
If, in the considered judgment of the Zoning Officer, there is probable violation of the performance standards set forth herein, the following procedures shall be followed.
(1)
The Zoning Officer shall give written notice, by certified mail or delivered personally to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Officer believes there is a violation and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Officer. The notice shall state, and it is hereby declared, that failure to reply or correct the alleged violation to the satisfaction of the Zoning Officer within the time set constitutes admission of violation of the terms of this chapter. The notice shall state that, on request of those to whom it is directed, technical determinations as described in this chapter will be made and that, if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that, if it is determined that no violation exists, the cost of the determination will be paid by the Township.
(2)
If there is no reply within the time limit set but the alleged violation is corrected to the satisfaction of the Zoning Officer, he shall note "Violation Corrected" on his copy of the notice and shall retain it among his official records, taking such other action as may be warranted.
(3)
If there is no reply within the time limit set and the violation is not corrected to the satisfaction of the Zoning Officer within the time limit set, he shall take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
(4)
If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Zoning Officer but requesting additional time, the Zoning Officer may grant an extension of time if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health or property.
(5)
If a reply is received within the time limit set requesting technical determination as provided in this chapter and if the alleged violation continues, the Zoning Officer may call in properly qualified experts to make the determinations. If such determinations indicate violation of the performance standards, the costs of the determination shall be assessed against the person or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of Article I of this chapter. If no violation is found, the costs of the determinations shall be paid by the Township without assessment against the persons or persons involved.