Stowe Township City Zoning Code
ARTICLE VII
Environmental Performance Standards
§ 675-57 Applicability.
All new and existing uses established within the Township shall comply with the performance standards contained in this article. The standards shall apply to an existing use or structure, or portion thereof, when it is extended, enlarged, moved, structurally altered or reconstructed.
§ 675-58 Fire and explosive hazards.
A.
All activities and all storage of flammable solid, liquid and gaseous substances and explosive materials shall comply with all applicable federal, state and local laws and regulations, including the provision of adequate firefighting equipment as specified by any law or regulation. All buildings and structures and activities within such buildings and structures shall conform to the Township building and fire codes and other applicable ordinances.
B.
Storage tanks or facilities for flammable liquids shall be located at least 50 feet from any lot line and shall obtain permits in accordance with applicable state and county regulations.
§ 675-59 Toxic, hazardous and radioactive materials.
Any activity which involves the use of toxic, hazardous or radioactive materials shall comply with all applicable federal and state requirements regarding the use, storage, transportation, emission, and disposal of such materials. Any such use or activity shall obtain and maintain all necessary licenses and permits from appropriate federal and state agencies and shall file with the Township notice of all materials on site, as a condition of occupancy.
§ 675-60 Air pollution and odors.
A.
There shall be no emission of smoke, ash, dust, fumes, particulate matter or other air pollutant which violates applicable federal, state, county, or Township laws and regulations. Any use or activity in the Township shall obtain and maintain all necessary licenses and permits from the appropriate county, state and federal agencies as a condition of occupancy.
B.
There shall be no emission of odorous gases or other matter in such quantities as to be offensive on adjoining streets or adjacent lots. Odor thresholds shall be measured in accordance with ASTM D1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."
§ 675-61 Glare.
A.
No direct reflected glare, whether from any lighting source or production operation, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level. "Glare" shall be defined as direct or indirect light from such activities of greater than 0.5 footcandle at habitable levels.
B.
When any streetlighting produces illumination in excess of one footcandle at a particular point in a residential zoning district, the contribution by light sources from any property in a nonresidential zoning district, as measured at the same point, shall not exceed 50% of the streetlighting.
C.
No outdoor lighting shall be of such intensity or brilliance as to cause glare which would impair the vision of drivers.
§ 675-62 Noise.
A.
No operation or activity shall cause or create noise in excess of the sound levels prescribed below at any point on or beyond a lot boundary. For the purposes of this chapter, the noise level will be measured in decibels (dBA) which indicate the sound pressure level obtained from a frequency weighing network corresponding to the A scale on a standard sound level meter.
(1)
Residential districts. Not to exceed a maximum of 60 dBA for more than one hour per 24 hours.
(2)
Commercial districts. Not to exceed a maximum of 65 dBA for more than eight hours per 24 hours.
(3)
Industrial districts. Not to exceed a maximum of 75 dBA.
(4)
Where two zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive of the noise level standards shall govern.
B.
The preceding noise standards shall not apply to the following:
(1)
Noise emanating from construction and or maintenance work or activities between 8:00 a.m. and 8:00 p.m. The Township Department of Public Works or the Township Police Department shall have discretion in stopping any operations during times before 8:00 a.m. and after 8:00 p.m. in any instances where there is a dispute over the measured noise levels, including instances in dispute over the measured dBA.
[Amended 4-14-2020 by Ord. No. 1013]
(2)
Noises caused by safety signals, warning devices and other emergency-related activities or uses; and
(3)
Transient noises emanating from moving sources, such as trucks, automobiles, motorcycles, airplanes, trains or cranes within an intermodal rail facility.
[Amended 1-13-2015 by Ord. No. 975]
C.
In addition to these regulations, all uses or activities within the Township shall conform to any applicable Township, county, state or federal noise regulations.
§ 675-63 Vibration.
A.
Vibration shall be measured at or beyond any adjacent lot line as indicated in Table A below, and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
B.
Maximum particle velocity.
(1)
The maximum vibration 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 = 6.28 F x D |
Where: | |||
PV | = | Particle velocity, inches per second | |
F | = | Vibration frequency, cycles per second | |
D | = | Single-amplitude displacement of the vibration, inches | |
(2)
The maximum particle velocity shall be the vector such of the three individual components recorded. Such particle velocity shall not exceed the values given in Table A. Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of 100 per minute, then the values in Table A may be multiplied by two.
Table A | ||
|---|---|---|
Maximum Ground Transmitted Vibration by Zoning District | ||
Vibration Measured In: | Adjacent | |
Lot Line | Residential District | |
Residential districts | 0.02 | 0.02 |
Commercial districts | 0.06 | 0.02 |
Industrial districts | 0.10 | 0.02 |
C.
The preceding vibration standards shall not apply to vibrations emanating from moving sources such as trucks, automobiles, motorcycles, airplanes, trains or cranes within an intermodal rail facility.
[Added 1-13-2015 by Ord. No. 975]
§ 675-64 Storage.
All garbage, trash and rubbish shall be stored in covered, vermin-resistant containers and shall be screened from public view.
§ 675-65 Determination of compliance.
A.
If a proposed use or activity appears not to comply with the performance standards contained in this article, the Township may require the applicant to submit sufficient data and evidence to make an objective determination. Where the Township must obtain technical assistance to determine compliance with any standard, the cost of such assistance shall be added to any required application fees.
B.
For any existing use, the Zoning Officer shall investigate any purported violation of the performance standards and, with the Board of Commissioners' approval, employ qualified experts to assist in the determination of a violation. If a violation does exist, the costs for such technical experts shall be added to any other fines and penalties contained in this chapter.
§ 675-66 Airport hazard areas.
A.
Authority. Pursuant to the mandate of Act 164 of 1984, Subchapter B, known as the "Airport Zoning Act,"[1] the Allegheny County Airport Zoning Regulations are hereby adopted by reference as they relate to any airport hazard areas within the Township limits.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
B.
Requirements. No zoning certificate, building permit or other land use approvals shall be issued or granted for any establishment or change in a land use, erection, construction, reconstruction, altering, razing, removal or occupancy of a structure or building within an airport hazard area within the Township except in accordance with these regulations.