1. Smoke, Ash, Dust, Fumes, Vapors, Odors and Gases.
A. There shall be no emission of smoke, ash, dust, fumes, vapors, or gases which violate State or Federal Air Pollution Control laws and regulations. No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot.
B. The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to health, to animals or vegetation or other forms of property, or which can cause injury to persons or damage to property of others at any point beyond the lot line of the use creating the emission is herewith prohibited.
C. See the preemption of certain matters in the Pennsylvania Right-to-Farm Act.
2. Noise.
A. No principal or accessory use, or operations or activities on its lot, shall generate a sound level exceeding the limits established in the table below, when measured at the specified locations:
B. Sound Level Limits by Receiving Land Use/District.
Land Use or Zoning District Receiving the Noise | Hours/Days | Maximum Sound Level |
(1) At a lot line of a residential use in a residential district (all districts except PI/HC) | (1) 7 a.m. to 9 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Years Day, Labor Day and Memorial Day (2) 9 p.m. to 7 a.m. plus all of the following days: Sundays, Christmas, Thanksgiving, New Years, Easter Sunday, Labor Day and Memorial Day | (1) 60 dBA (2) 54 dBA |
(2) Lot line of a residential use in a commercial or industrial district | (1) Same as above (2) Same as above | (1) 65 dBA (2) 60 dBA |
(3) Any lot line other than (1) or (2) | All times and days | 70 dBA |
Note: dBA means “A” weighted decibel. | ||
C. The maximum permissible sound level limits set forth in the above table shall not apply to any of the following noise sources:
(1) Sound needed to alert people about an emergency.
(2) Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7 a.m. and 8 p.m., except for clearly emergency repairs which are not restricted by time.
(3) Lawnmowers, snow blowers, leaf blowers, and household power tools between the hours of 7 a.m. and 9 p.m.
(4) Pets, agricultural activities, and livestock, but not exempting a commercial kennel.
(5) Public celebrations, festivals, charitable fundraising activities and special events specifically authorized by the Township Supervisors or a county, State or Federal government agency or body.
(6) Unamplified human voices.
(7) Routine ringing of bells and chimes by a place of worship or municipal clock.
(8) Vehicles operating on a public street, railroads and aircraft.
(9) Snowmaking as part of a commercial recreation use.
(10) Occasional target practice by a person during daylight hours on their own property.
D. Pure Tone Penalty. In the event audible noise contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise shall be reduced by 5 dB(A). A pure tone is defined to exist when: the one-third octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels on the two contiguous one-third octave bands by 5 dB(A) for center frequencies of 500 Hz and above, and 8 dB(A) for center frequencies between 160 and 400 Hz, and by 15 dB(A) for center frequencies less than or equal to 125 Hz.
E. Repetitive, Impulsive Sound Penalty. In the event the audible noise contains repetitive, impulsive sounds, the standards for audible noise shall be reduced by 5 dB(A).
F. Pure tone and Repetitive, Impulsive Tone Penalty. In the event the audible noise contains both a pure tone and repetitive impulsive sounds, the standards for audible noise shall be reduced by a total of 5 dB(A).
G. If the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure in dBA, which is exceeded for more than 5 minutes per hour. Ambient noise levels shall be measured at the property lines of the parcel in question.
(Ord. 173, passed 1-5-2015)
3. Glare or Heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind adequate shielding in such a manner as not to create a nuisance to those working or living in the area.
4. Radioactivity or Electrical Disturbance. There shall be no activities which emit dangerous radioactivity at any point. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. If any use is proposed which incorporates the use of radioactive material, equipment, or supplies, such use shall be in strict conformity with Title 25 of the DEP Regulations.
5. Outdoor Storage and Waste Disposal and Dumpster Screening.
A. All outdoor storage facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors shall be enclosed by a fence adequate to provide security for the property. Storage of flammable materials and fuels shall meet the National Fire Prevention Code and regulations of DEP. All underground storage tanks shall be registered with the State pursuant to State law. Outdoor storage facilities shall be separated by a buffer yard meeting § 503 from any street or residential lot or residential district. This subsection shall not apply to farm or residential tanks of 1,100 gallons or less capacity used for noncommercial purposes.
B. No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces. Dikes must be constructed around above ground liquid storage facilities to preclude such transference in the event of failure of the facility. Hazardous substances shall not be kept in a drainageway and shall not be discharged into a waterway, swale or drainage device, nor into the 100-year floodplain, any riparian buffer or wetland.
(1) See regulations in the Floodplain Article (Article 7) that regulate the storage of hazardous substances in the 100-year floodplain. See also any regulations in the source water and wellhead protection regulations in § 517.
(Ord. 156, passed 4-27-2010)
C. All materials or wastes which might cause flames or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only in enclosed containers adequate to eliminate such hazards and in accordance with all State and Federal regulations. Storage shall not occur in a manner that could cause contamination of a stream.
D. Hazardous material or waste may not be stored in the 100-year floodplain, any riparian buffer or wetland.
(Ord. 156, passed 4-27-2010)
E. Trash Dumpster and Location.
(1) Any newly placed solid waste dumpster shall be screened on at least three of four sides as necessary to screen views from public streets and dwellings.
(2) Such screening shall consist of decorative masonry walls, mostly solid weather- resistant wood fencing, fencing of a similar appearance, or primarily evergreen plantings.
(3) To the maximum extent feasible, as determined by the Zoning Officer, an outdoor solid waste container with a capacity of over 15 cubic feet shall be kept a minimum of 20 feet from the walls of a dwelling on an abutting lot.
(4) If a solid waste dumpster is moved from one part of a lot to another part of a lot, then it shall come into compliance with this Section.
(5) This Section shall not apply to dumpsters temporarily placed during actual construction or demolition on the premises.
(6) If a building includes four or more dwelling units, then the owner shall provide at least one solid waste dumpster with a lid and have it regularly emptied.
6. Waste and Sewage.
A. No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste or wash water or residential chemicals from industrial and commercial equipment into any reservoir, lake, or watercourse or discharge any untreated sewage or industrial waste into any stream. All methods of industrial waste treatment and disposal shall be approved by the Township, DEP and/or the County Health Department.
B. Any wastewater treatment facility shall be properly maintained and operated so as to comply with the permitted effluent pollutant levels and within their design capabilities at all times.
C. Central Water Service. A use shall not be considered to be served by central water service unless:
(1) All applicable requirements of State regulations and the Subdivision and Land Development Ordinance are met.
(2) The applicant proves to the satisfaction of the Township that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator.
(3) The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate supply, transmission capacity and pressure to serve the development.
D. Central Sewage Service. A use shall not be considered to be served by “central sewage service” unless:
(1) All applicable requirements of State regulations and the Subdivision and Land Development Ordinance are met.
(2) The applicant proves to the satisfaction of the Township that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator.
(3) The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate treatment capacity and conveyance capacity to serve the development.
E. On-Lot Septic Systems.
(1) Purpose. To ensure that a suitable location is available for a new sewage disposal area if the original sewage disposal area should malfunction.
(2) This Section shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this Ordinance.
(3) Each lot shall include both a primary and a reserve sewage disposal area location. Both locations shall be determined by the County Health Department to meet PA Department of Environmental Protection regulations for a septic system location prior to approval of the final subdivision or land development plan.
(4) The requirement for a reserve sewage disposal area shall not apply to the following:
(a) The simple merger of two or more existing lots, or an adjustment to lot lines of an existing lot.
(b) A vacant lot that includes a permanent deed restriction or conservation easement prohibiting any construction of buildings on the lot.
(c) Lots within a subdivision or land development that will abut a complete capped sewage system constructed by the developer, the design of which has been approved by the Township.
(d) A spray irrigation system.
(5) The reserve septic system location shall be kept clear of buildings, structures and parking, and shall be shown on any subsequent applications for new or expanded buildings or parking. The reserve septic location is to not be planted in trees and the soil shall remain in place with minimal disturbance. The Township may require that the location be recorded on the deed.
F. Expansion of Septic Use. If the Zoning Officer has reason to believe that a proposed increase in the number of dwelling units or expansion or change of a nonresidential use would result in increased flow to a septic system, then the application shall be referred to the County Health Department. The County Health Department shall require modification, expansion or replacement of the septic system if necessary to handle the proposed flow.
7. Electrical, Diesel, Gas or Other Power. Every use requiring power shall be so operated that the service lines, substations and similar facilities shall conform to the highest safety requirements known, shall be so constructed and installed so as to be an integral part of the architectural features of the plant. Electric substations shall be separated from any street and abutting lot lines by a buffer yard meeting § 503.
8. Soil Erosion and Sedimentation Control . All earth disturbance activities must be in compliance with the regulations of DEP and the County Conservation District standards and must be undertaken in accordance with a Soil Erosion and Sedimentation Control Plan that meets the requirements of the Subdivision and Land Development Ordinance and Stormwater Ordinance.
9. Utilities. All newly installed service lines of public utilities and similar facilities servicing any proposed development shall be installed underground.
10. Vibration. No use shall cause vibration of the ground on another lot that is perceptible to persons without the use of instruments. No vibration shall be produced which is transmitted through the ground and is discernable without the aid of instruments at or beyond any lot line; nor shall any use cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of construction activity. Vibration shall be expressed as displacement in inches and shall be measured with a standard three component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions. Single impulse aperiodic vibrations occurring at an average interval greater than 5 minutes shall not induce accelerations exceeding .01g.
Frequency of Ground Motion in Cycles per Second | Maximum Amplitude of Ground Motion in Inches, not more than: |
up to 10 | 0.0305 |
20 | 0.0153 |
30 | 0.0102 |
40 | 0.0076 |
50 | 0.0061 |
60 | 0.0051 |
(Ord. passed 10-2-2007, § 507; Ord. 156, passed 4-27-2010, § 29; Ord. 173, passed 1-5-2015, § 08)