All uses hereafter established in any zoning district shall comply with the performance standards contained in this section. The performance standards shall apply to an existing use or structure, or portion thereof, when it is extended, enlarged, moved, structurally altered, or reconstructed.

601.1

Fire and Explosive Hazards: All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire-fighting equipment as specified by the Department of Labor and Industry, the laws of the Commonwealth and the Municipality fire code. All buildings and structures and activities within such buildings and structures shall conform to the Municipality building and fire codes and other applicable ordinances.

601.2

Radioactivity or Electrical Disturbances: There shall be no activities which emit radioactivity at any point above the most recent background limits set by state and/or federal regulations. There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance.

601.3

Smoke, Ash, Dust, Fumes, Vapors and Gases: There shall be no emission of smoke, ash, dust, fumes, vapors, or gases which violates applicable federal, state, county or Municipality laws and regulations.

601.4

Liquid and Solid Wastes: There shall be no discharge at any point into any public or private sewerage system, watercourse or into the ground of any materials in such a way or of such a nature, as will contaminate or otherwise cause the emission of hazardous materials in violation of any federal, state, county or Municipality laws and regulations. All required discharge and disposal permits shall be obtained.

601.5

Glare: 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 one-half (0.5) foot candle at habitable levels.

601.6

Odor: 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 D-1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."

601.7

Noise: No operation or activity shall cause or create noise in excess of the sound levels prescribed below. For the purposes of this Ordinance, 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—At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA for more than one (1) hour per 24 hours.

2.

Business—At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA for more than eight (8) hours per 24 hours.

3.

Industrial Districts—At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot 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.

The following uses or activities shall be exempted from the noise regulations: (1) noises emanating from construction and/or maintenance activities between 7:00 a.m. and 8:00 p.m.; and (2) noises caused by safety signals, warning devices and other emergency-related activities or uses. In addition to these regulations, all uses or activities within the Municipality shall conform to any applicable city, county, state or federal noise regulations.

601.8

Storage: All garbage, trash and rubbish shall be stored in covered, vermin-resistant containers and shall be stored beyond public view.

601.9

Determination of Compliance.

1.

If during the review of a zoning application it appears that the proposed use or development may violate the performance standards contained in this section, the Municipality may initiate an investigation and may require the applicant to submit such data and evidence as is needed to make an objective determination. The evidence may include, but shall not be limited, to such items as:

a.

Plans of the existing or proposed constructions and development;

b.

A description of the existing or proposed machinery, processes and products;

c.

Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any of the dangerous and objectionable elements as set forth in this Article; and/or

d.

Measurements of the amount or rate of emission of said dangerous and objectionable elements.

2.

In order to determine compliance, the Municipality may seek assistance from any governmental agency having interest in or jurisdiction for the particular environmental issue. The Municipality may also require the applicant to submit a report from a qualified technical expert certifying that the proposed use does comply with the performance standard(s). The technical expert(s) shall be person(s) or firm(s) mutually acceptable to the Municipality and applicant; in the event agreement cannot be reached on the technical expert, the Municipality shall make the selection. The cost of the expert's study and report shall be borne by the applicant. A negative report by the technical expert as to the proposed use's compliance with the performance standard(s), and the applicant's refusal or inability to make alterations to ensure compliance, shall be a basis for denying approval of the zoning application.

601.10

Continuing Enforcement: The zoning Officer shall investigate any reported violation of the performance standards and, if necessary, request that Council employ qualified experts to assist in the determination of a violation. The costs for the services of such experts shall be paid by the owner if the factory is found to be in violation.

If the facility is found to be in violation, the owner or operator shall be given a reasonable length of time to correct the violation. If, at the conclusion of this time period the violation still exists, and the Governing Body has agreed to no time extension, the owner or operator shall be in violation of this Ordinance and subject to the legal penalties and remedies contained herein.

602.1

Performance Standard.

Any landowner or person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health or property. Such measures shall include such actions as are required to:

1.

Assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities; or

2.

Manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.

602.2

Stormwater Plan Requirements.

1.

When required by this ordinance, the applicant shall submit a stormwater management plan for the development site prepared and sealed by a registered professional engineer or landscape architect of demonstrated qualifications in stormwater management, along with all calculations and analyses used to prepare the plan. All calculations of pre- and post-development runoff and storage requirements for sites exceeding one acre shall be completed using the U.S. Soil Conservation service (SCS) Soil Cover Complex Method (as contained in SCS Technical Release TR-55). The rational method may be used for development sites less than one acre.

2.

If the development site is located within a watershed for which a stormwater management plan has been adopted, pursuant to the state Storm Water Management Act (167 of 1978), then any proposed stormwater control measures shall be consistent with the watershed plan.

3.

If the development is proposing to connect with existing storm sewers, the applicant shall demonstrate that the system has the capacity to handle the additional stormwater flow. All connections shall be approved by the Municipality Engineer.

602.3

Plan Approval.

The stormwater management plan for the development site and all proposed control measures shall be reviewed and approved by the Municipality Engineer and Conservation District.

603.1

Applicability: Where any excavation, grading or earthmoving activity, including removal of topsoil, trees or other vegetative cover of land, is proposed, a plan for minimizing soil erosion and sedimentation, both during and after construction is required.

603.2

Erosion/Sedimentation Plan: The erosion/sedimentation plan shall be prepared in accordance with the PA Erosion and Sedimentation Regulations (25 PA Code, Chapter 102) and the standards and specifications of the Greene County Conservation District.

603.3

Plan Review: The Municipality may submit the erosion/sedimentation plan to the County Conservation District for review and comment.