Where requested by the Township, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to insure that the proposed use will not be noxious, hazardous or offensive as defined within this chapter. If required, the applicant shall submit supplemental information, plans and impartial expert judgments, and the Township may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant. The burden of proof shall be upon the applicant.
A. Noise control.
Noise control. No person shall operate or cause to operate a use or proposed use which creates noise in violation of, or in excess of that permitted by, Chapter
278.
(1) The following are maximum permissible sound levels by receiving land use as specified in Figure 8-2 below. No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating, or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following figure when measured at or beyond the property boundary of the receiving land use.
(a) Maximum continuous sound levels permitted by receiving land use. (Please see
Figure 8-2 Maximum Continuous Sound Levels.)
(b) For any source of sound which emits a pure tone, the maximum sound-level limits set forth in the above figure shall be reduced by 10 dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval), the excursions of sound-pressure level shall not exceed 10 dBA over the ambient sound-pressure level. Sound levels shall be measured at the property lines from which the sound emanates, by a sound level, which conforms to specifications published by the American Standards Association.
(2) The maximum permissible sound levels by the receiving land use category as listed in the previous figure shall not apply to any of the following noise sources:
(a) The emission of sound for purpose of alerting persons to the existence of an emergency.
(b) Emergency work to provide electricity, water or other public utilities when public health or safety are involved.
(c) Explosives and construction operations.
(d) Motor vehicle operations.
(e) Public celebrations, specifically authorized by the Township.
(f) Surface carriers engaged in commerce by railroad.
(g) The unamplified human voice.
(3) Excepted from the foregoing restrictions are customary and usual agricultural operations, maintenance and repair operations performed on outdoor recreational facilities, such as parks, playing fields, playground facilities, and golf and tennis facilities. In no event shall the foregoing excepted actions commence prior to 6:00 a.m., prevailing time.
B. Vibration control. Operating or permitting the operation of any device that creates vibration, which is transmitted through the ground and is discernible without the aid of instruments, or is measured in excesses of 0.002g peak using either seismic or electronic vibration measuring equipment, at or at any point beyond the lot lines, shall be prohibited.
C. Control of dust, dirt, smoke, vapors, gases, and odors.
(1) There shall be no emission of dust, dirt, smoke, ash, fumes, vapors, or gases or other hazardous or noxious materials to the air in such quantities that does not comply with Pennsylvania air pollution control laws, including regulations promulgated by the Pennsylvania Air Pollution Control Act of January 8, 1960, Public Law 2119, as amended,[1] including the standards set forth in the Department of Environmental Protection's Article III, Title 25, Rules and Regulations, Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), and the National Emission Standards for Hazardous Air Pollutants of the United States Environmental Protection Agency.
(2) Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 20% for a period or periods aggregating more than three minutes in any one hour or equal to or greater than 60% in any one time and shall comply with Pennsylvania Code Title 25, Chapter 127, or its most recent update.
(3) No user shall operate or maintain or be permitted to operate or maintain any equipment, installation or device which, by reason of its operation or maintenance, will discharge contaminants to the air in excess of the limits prescribed herein, unless he shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.
(4) No uses, except agricultural operations, shall emit odorous gases, or other odorous matter, in such quantities to be offensive at any point on or beyond its lot lines.
(5) The guide for determining such quantities of offensive odors shall be the fifty-percent response level of Table 1 (Odor Thresholds in Air), "Research or Chemical Odors Part I — Odor Thresholds for 53 Commercial Chemicals," October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
D. Electric, diesel, gas, or other power. Every use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements and shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by evergreen planting in accordance with
§ 274-44C,
Article XI: Landscaping, of
Chapter 274: Natural Resources Protection.
E. Control of radioactivity or electrical emissions or electrical disturbances.
(1) There shall be no activities which emit dangerous levels of radioactivity at any point. Activities which may emit radioactivity beyond enclosed areas shall comply with Chapters 221, 223, 224, 225, and 227, Title 25, Article V, Pennsylvania Department of Environmental Protection, Division of Radiology, Rules and Regulations. No operation involving radiation hazards shall be conducted which violates the regulations and standards established in Title 10, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," in its latest revised form.
(2) No radio or electrical disturbances, except from domestic household appliances, shall be permitted to adversely affect any equipment, such as, but not limited to, radios and televisions, at any time other than the equipment creating the disturbance.
(3) Emergency medical services (EMS), fire departments, and the Township police shall be exempt from provisions that would hinder the regular functioning of necessary radio communications.
F. Fire and explosive hazards. All activities and all storage of flammable and explosive material shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices as detailed and specified by the requirements of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection, for storing, handling and use of explosives.
G. Hazardous and special materials.
(1) There shall be no disposal or release to the environment of any hazardous, special, or radioactive wastes.
(2) All federal and state hazardous and special waste laws and regulations shall be complied with.
(3) All hazardous and special wastes shall be disposed of at a properly licensed disposal facility having adequate capacity to accept the wastes. Evidence of a contractual arrangement with the facility shall be submitted.
(4) No vehicle carrying pesticides, fertilizers, or other toxic, hazardous, or special chemicals or wastes shall pump water directly from a surface water source.
H. Heat.
(1) No direct or sky-reflected glare from high temperature processes, such as combustion, welding, or otherwise, shall be permitted so as to be visible at the lot line. These regulations shall not apply to signs or floodlighting of parking areas otherwise in compliance with this chapter.
(2) There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.