(a) Purpose. The purpose of this section is to protect the health, safety and welfare of Aston Township residents by providing the means for neighboring commercial and industrial users who would otherwise exceed the then applicable standards for noise at an adjacent property line to implement structures to abate noise generated on their lots and to assure that any such structure is designed and placed responsibly to minimize visual impact on neighboring residential users and the general public.
(b) General provisions.
(1) Compliance. Structures whose primary purpose is to abate noise shall only be permitted by conditional use pursuant to this section.
(2) No municipal liability. Any grant of conditional use pursuant to this section or the issuance of any permit or approval thereafter, or any statement made either publicly or privately during the process of granting same, shall not constitute a representation, guarantee or warranty of any kind by the township, or any elected official, appointed official, volunteer or employee thereof, of the practicability, effectiveness or safety of the proposed structure, and shall create no liability upon the township, its elected officials, appointed officials, volunteers or employees.
(c) Standards for approval of conditional uses.
(1) In addition to the standards set forth in § 1290.02 of the Codified Ordinances of Aston Township, the Board of Commissioners shall consider the following aspects of a conditional use application when considering requests:
A. The proposed location of the proposed structure with regard to:
1. Neighboring properties;
2. The primary use of the lot upon which the structure is proposed;
3. Geological, topographical and botanical features and the potential effect of the structure thereupon; and
4. The visual impact of the structure from neighboring roadways.
B. The degree to which the application is consistent with the purpose set forth at § 1292.30(a) above.
C. The anticipated effectiveness of the structure to abate noise impact upon affected properties.
(2) Prior to conditional use approval, the applicant shall provide evidence that:
A. That the location of the proposed structure is the most advantageous considering:
1. The abatement of noise affecting neighboring properties;
2. Visual impact from neighboring properties and adjacent roadways;
3. The primary use of the lot upon which the structure is proposed;
4. Geological, topographical and botanical features.
B. The proposed abatement solution is of the minimum size and scope necessary to effectively abate the noise impact upon neighboring properties.
C. Applicants consideration of landscaping or other techniques to minimize the visual impact of the proposed solution, evidenced by such data or studies as the Township Engineer may request during the application process.
(d) Administration. All applications whose primary purpose is noise abatement shall include the following materials:
(1) A site plan indicating existing grades and proposed grades within the area of the proposed use;
(2) A landscape plan indicating both pre- and post-construction:
A. Paved areas;
B. Stormwater drainage facilities;
C. Retaining walls;
D. Proposed tree removal and replacement;
E. Ground cover and shrubbery locations.
(3) Architectural plans and elevations of the exterior and any foundation of the proposed structure;
(4) A statement and acoustical engineering study of pre- and anticipated post-construction noise levels.
(Ord. 1031, passed 6-21-2023)