Hereafter, all uses of land, buildings and structures for industrial processes shall be prohibited that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substances or conditions; provided, however, that any uses may be permitted except those specifically prohibited in the district regulations or general provisions, if adequate provisions, and safeguards to protect the health, safety, morals and the general welfare of the community are established by a written agreement, subject to the securing of a permit therefor and subject to the carrying out of such provisions, restrictions and safeguards.
A. Construction operations. Construction, alteration, remodeling, demolition, and repair activities that a have current and valid permit, as well as the delivery and removal of materials and equipment associated with these activities, are limited to the hours from 7:00 a.m. to 8:00 p.m. Monday through Saturday, and from 9:00 a.m. to 8:00 p.m. Sunday and holidays, subject to the following standards:
[Amended by Ord. No. 5-2017, 9/12/2017]
(1) Impact construction or demolition operations, such as pile drivers, jack hammers, concrete saws and similar machinery, tools and equipment, shall be limited to between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday and shall not be permitted on Sunday or holidays.
(2) Agricultural and farming operations and work performed by the owner and the owner's family at the owner's personal residence, authorized emergency vehicles and emergency utility company work are exempted from the standards of this section.
(3) The limitations on construction hours shall be noted on the building permit and approved building plans.
B. Odors. No continuous, frequent or repetitive emission of odors or odor-causing substance which would be offensive at or beyond any property line will be permitted. The existence of an odor shall be presumed when the concentration of the odor-causing substance or substances in the air at any point at or beyond the property line of the source exceeds the lowest concentration listed as the odor threshold for such substance or substances in Table III (odor thresholds) appearing in Chapter
5 of the Air Pollution Abatement Manual, as amended. Substances not cited in said table shall be deemed odorous when analysis by a competent technician demonstrates that a discernible odor is being emitted.
C. Offensive area. All areas for parking, recreation, service, utility equipment, waste receptacles and/or other elements which because of their appearance, odor and/or noise would be offensive to those occupying the lot or adjoining lots or those on the street shall be screened, landscaped or otherwise treated to eliminate the offensive condition.
D. Lighting. Lighting of all types shall be directed so as to reflect away from adjacent lots and public rights-of-way. Effort must also be made to minimize glare on adjacent property.
E. Fire. No structure nor activity on a site or within a structure shall pose a hazard of fire for adjacent lots and/or structures. Access for firefighting men and equipment shall be provided for every structure on the site.
F. Smoke. It shall be unlawful for any person to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Standard Ringelmann Chart published by the U.S. Bureau of Mines.
G. Toxic and noxious matters. No emission which would be demonstrably injurious to human health, animals or plant life at or beyond the boundaries of any lot will be permitted. Where such an emission could result from an accident or equipment malfunction adequate safeguards considered standard for safe utilization of the toxic and noxious matters involved shall be taken.
H. Radiation hazards. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive waste shall be in conformance with the applicable regulations of the federal and state governments.
I. Fire and explosive hazards. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted but only if said materials or products are stored, utilized or manufactured within a completely enclosed building having an incombustible exterior and protected throughout by an automatic fire extinguishing system.
J. Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line except during the period of construction of the facilities to be used and occupied.
K. Electromagnetic radiation. In the interest of maintaining an atmosphere fruitful to research there shall be no electromagnetic interference that adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference or that is not in conformance with the regulation of the Federal Communications Commission.
L. Fly ash, dust, fumes, vapors bases and other forms of air pollution. No emission which can cause any damage to health, to animals or vegetation or other forms of property or which can cause any excessive soiling at any point and in no event any emission from any chimney or otherwise of any solid or liquid particles in concentrations exceeding three-tenths grain per cubic foot of the conveying gas or air at any point shall be permitted. This shall be measured at the point of emission.
M. Water. No emission of polluters (as defined by the Pennsylvania Department of Environmental Resources) into a waterway or sewage extending beyond the property line shall be permitted.