Yeadon City Zoning Code
ARTICLE XV
Performance Standards
§ 300-91 Intent.
The provisions of this article are intended to ensure adequate protection for the residents of the Borough against the possible negative effects of certain uses, processes or activities, particularly those carried out in the Industrial District, but not limited to that district.
§ 300-92 Interpretation of article.
The performance standards contained in this article shall be the minimum standards to be met and maintained by all uses established after the effective date of this chapter (Ordinance No. 1115, passed July 12, 1984). Standards established by the Pennsylvania Department of Environmental Protection or the United States Environmental Protection Agency shall apply where those standards are more restrictive than the standards set forth in this article.
§ 300-93 Applications for industrial uses.
A.
Submission procedure. Applications for industrial uses shall be accompanied by a certification from a professional engineer registered in the commonwealth stating that the proposed use can meet the performance standards set forth in this chapter. All applications shall include, but shall not be limited to, the following information:
(1)
Plans of existing or proposed construction and development;
(2)
A description of existing or proposed machinery, processes and products;
(3)
Specifications for the mechanisms and techniques used or proposed to be used in restricting possibly dangerous or objectionable conditions set forth in this chapter; and
(4)
Measurements or estimates of the amount or rate of emission of any dangerous or objectionable elements as set forth in this chapter.
B.
Review by Borough Engineer. All applications for industrial uses shall be reviewed by the Borough Engineer for compliance with these performance standards. No application for an industrial use shall be approved until the Borough Engineer certifies, in writing, that the proposed use can meet these performance standards.
§ 300-94 Enforcement.
A.
The Code Enforcement Officer shall investigate any purported violation of these performance standards. If there are reasonable grounds to suspect a violation, he or she shall direct the Borough Engineer to determine the existence and nature of such violation.
B.
The cost of engineering services incurred by the Borough in establishing a violation shall be paid by the violator if a violation is established. The cost shall be paid by the Borough if a violation is not established.
C.
In the case of an industrial use established after the effective date of this chapter (Ordinance No. 1115, passed July 12, 1984) which is subsequently found to be in violation of the performance standards set forth in this chapter, the user shall correct such violation within 60 days after certification of noncompliance is made by the Code Enforcement Officer. The Code Enforcement Officer shall certify noncompliance only after receipt of a report from the Borough Engineer establishing such noncompliance with these performance standards.
§ 300-95 Nonconforming industrial uses.
A.
Existing industrial uses established prior to the effective date of this chapter (Ordinance No. 1115, passed July 12, 1984) and not in conformity with the performance standards set forth herein may continue to operate, but they may not become more nonconforming.
B.
All such industrial uses shall fully comply with these performance standards within five years after certification by the Code Enforcement Officer of any instance of noncompliance. The Code Enforcement Officer shall certify noncompliance only after receipt of a report from the Borough Engineer establishing such noncompliance with these performance standards.
C.
All additions, expansions or changes in an industrial use, process or activity must conform with the applicable performance standards.
§ 300-96 Noise.
A.
Generally.
(1)
Noise shall be measured with a sound-level meter having an A-weighted filter constructed in accordance with specifications of the American National Standards Institute (ANSI). Measurements shall be made at any point in a Residence or Commercial District as indicated in Table 1.
(2)
Impact noise shall be measured using the fast response of the sound-level meter. Impact noises are intermittent sounds such as from a punch press or drop forge hammer. Measurements shall be made at any point in a Residence or Commercial District as indicated in Table 1.
(3)
Between the hours of 7:00 p.m. and 7:00 a.m. of the following day, the permissible sound levels in a Residence District shall be reduced by five decibels.
B.
Exemptions. The following sources of noise are exempt from the performance standards set forth in this chapter:
(1)
Noises not directly under the control of the property user;
(2)
Noises emanating from temporary construction and emergency repairs between 8:00 a.m. and 7:00 p.m. Monday through Saturday; and
(3)
Noises of safety signals, warning devices and emergency pressure relief valves.
Table 1 | ||
|---|---|---|
Maximum Permitted Sound Levels Emanating from IND Industrial Districts, in db(A) re: 0.0002 (Microbar) | ||
Sound Measured In | Continuous Slow Meter Response (decibels) | Impact Fast Meter Response (decibels) |
Residence District | 50 | 60 |
Commercial District | 60 | 70 |
Industrial District | 70 | 80 |
C.
The sound shall be measured in the lot adjacent to the noise source.
§ 300-97 Vibration.
A.
Vibration shall be measured at or beyond any lot line adjacent to a Residence District line as indicated in Table 2, 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, or by a similar or improved instrument as specified by the appropriate professional organization.
B.
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:
P.V. = 6.28 F x D | ||
Where: | ||
P.V. | = | Particle velocity (inches per second) |
F | = | Vibration frequency (cycles per second) |
D | = | Single amplitude displacement of the vibration (inches) |
C.
The maximum particle velocity shall be a vector sum of three individual components recorded. Such particle velocity shall not exceed the values given in Table 2.
Table 2 | |
|---|---|
Maximum Ground Transmitted Vibration for IND Industrial Districts | |
Particle Velocity | |
Adjacent Lot Line (inches per second) | Adjacent Lot Line (inches per second) |
0.10 | 0.02 |
D.
Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of 100 per minute, then the values in Table 2 may be multiplied by two.
§ 300-98 Dust and particulate matter.
The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues or other openings for any process, operation or activity shall not exceed the following levels:
A.
The emission rate of particulate matter in pounds per hour from any single stack, vent, chimney or flue shall be determined by selecting a continuous four-hour period which will result in the highest average emission rate.
B.
Particulate matter emission from materials or products subject to becoming windborne shall be kept to a minimum by paving, oiling, wetting, covering or other means so as to render the surface wind-resistant. Such sources include vacant lots, unpaved roads, yards and storage piles of bulk material, such as coal, sand, cinders, slag, sulfur, etc.
C.
In the IND Industrial District, the maximum emission rate of dust and particulate matter from all stacks, vents, chimneys or flues combined shall be 0.5 pound per hour per acre of lot area.
§ 300-99 Smoke.
A.
For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart, as published by the United States Bureau of Mines, shall be used.
B.
In the IND Industrial District, the emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustible process is prohibited.
§ 300-100 Odors.
A.
Odor thresholds shall be measured in accordance with the "Standard Method for Measurement of Odor in Atmosphere (Dilution Method)," ASTM D1291-57, or its equivalent.
B.
In the IND Industrial District, 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 at the habitable elevation.
§ 300-101 Toxic materials.
A.
The release of airborne toxic materials shall be in accordance with the fractional quantities permitted in Subsection B hereof, of those toxic materials currently listed in the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period.
B.
In the IND Industrial District, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value across lot lines.
§ 300-102 Fire and explosion hazards.
§ 300-103 Glare.
No use shall cause direct or sky-reflected glare, whether from floodlights, high-temperature processes such as combustion or welding, or any other similar source, so as to be visible at the lot line and create a nuisance.