Any use permitted by right, accessory and special exception use may be undertaken and maintained if it conforms to the limitations set forth in each subsection below in addition to compliance with all applicable district and supplementary regulations in this chapter.
A. In addition to all standards, norms, levels and safeguards listed hereafter, all amendments thereto and new or additional standards and regulations imposed by the Pennsylvania Department of Environmental Protection shall be met and/or followed.
B. Noise. At no point on or beyond the boundary of any lot shall the sound pressure level resulting from any use or activity, whether open or enclosed, (except noise not directly under control of the property user, noises resulting from the construction and maintenance of buildings and facilities including site preparation, and the noises of safety signals, warning devices, railroads and automobile traffic) exceed the maximum permitted decibel levels for the designated octave band as set forth in Chapter 202, pertaining to maximum sound levels, of the Code of the Township of Spring Garden.
C. Odors. No continuous, frequent or repetitive emission of odors or odor-causing substances that would be offensive at or beyond any property line will be permitted. The existence of an odor shall be presumed when the concentration of the odor-causing substance or substances in the air at any point at or beyond the property line of the source exceeds the lowest concentration listed as the odor threshold for such substance or substances in Table III (Odor Thresholds) appearing in Chapter
5 of the "Air Pollution Abatement Manual," copyright 1952, by the Manufacturing Chemists Association, or as subsequently amended. Substances not cited in said table shall be deemed odorous when analysis by a competent technician demonstrates that a discernible odor is being emitted.
D. Offensive area. All areas for parking, recreation, service, utility equipment, waste receptacles and/or other elements which, because of their appearance, odor and/or noise, would be offensive to those occupying the lot or adjoining lots or those on the street shall be screened, landscaped or otherwise treated to eliminate the offensive condition.
E. Lighting and illumination.
(1) Where a use involves exterior lighting, the lighting must be so located and shielded that any objectionable illumination or glare is directed away from adjacent and adjoining properties and public rights-of-way.
(2) All light sources, including signs, shall be shielded and directed as to prevent the lighting from creating a nuisance to and shining into the eyes of passing motorists.
(a) Lighting in overhead canopies shall be recessed so that the filaments shall not be exposed.
(3) Streetlighting, temporary decorative lighting less than 2,000 lumens, and emergency lighting used by police, fire-fighting and medical personnel shall be exempted from these regulations.
(4) Flickering and flashing lights or the use of strobe lighting is strictly prohibited.
(5) The installation or erection of any lighting that may be confused with warning signals, emergency signals or traffic signals shall be unlawful.
(6) Any lighting that produces glare shall not cause illumination in excess of 0.5 footcandle measured at the property line.
(7) Lighting levels shall be measured in footcandles. Measurement shall be taken with a direct-reading portable light meter or light-reading equipment recommended by the Township Engineer.
(a) Readings shall be taken by qualified personnel so that the light-reading meter has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination at the property line at ground level. This procedure eliminates the effects of moonlight and other ambient light.
F. Fire and explosive hazards.
(1) The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted only if said materials or products are stored, utilized or manufactured within a completely enclosed building having an incombustible exterior and protected throughout by an automatic fire-extinguishing system.
(2) All activities involving the use and/or storage and/or disposal of flammable or explosive material shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire-fighting and suppression equipment and devices standard to the industry involved.
(3) All site layouts and structures shall comply with the standards and requirements contained in the following, as adopted by Spring Garden Township:
(a) The BOCA National Fire Prevention Code, Eighth Edition, 1990, as amended or updated, save and except such portions as are hereinafter deleted, modified or amended by §
145-24 of Chapter 145, Article IV, of the Code of the Township of Spring Garden.
(b) Standards and recommended practices of the National Fire Protection Association (NFPA).
(c) The Commonwealth of Pennsylvania Labor and Industry, Fire and Panic Regulations.
(4) No structure and no activity within a site or structure shall pose a fire hazard to life or property. Access for firefighters and equipment shall be provided for every structure on the site.
G. Smoke. It shall be unlawful for any person to permit the emission of any smoke from any source whatever of a density described as No. 2 on the Ringlemann Chart, published by the U.S. Department of Interior Bureau of Mines.
H. Hazardous and toxic material use and storage.
(1) No emission that would be demonstrably injurious to human health, animals or plant life at or beyond the boundaries of any lot will be permitted. Where such an emission could result from an accident or equipment malfunction, adequate safeguards considered standard for safe utilization of the toxic and noxious matters involved shall be taken.
(2) No toxic substance or material shall be stored or maintained in violation of any state or federal law or regulation.
(3) Copies of all lists of hazardous substances, hazardous substance survey forms (HSSF), environmental hazard survey forms (EHSF) and material safety data sheets (MSDS), as each of said terms are defined in the Pennsylvania Worker and Community Right to Know Act, Act No. 150 of 1984, enacted October 5, 1984, shall be filed with the Spring Garden Township Fire Chief in accordance with Chapter
145, Article
III, of the Code of the Township of Spring Garden.
(4) Hazardous materials shall consist of those chemicals or substances which are physical or health hazards, including combustible or flammable gases, liquids, solids; compressed gas; irritants; toxins, carcinogens, teratogens, and mutagens; cryogenic substances; oxidizers and corrosives; and pyrophoric and reactive materials.
(5) Residual and hazardous waste. The handling and disposal of residual or hazardous wastes shall be in accordance with standards and regulations established by the Commonwealth of Pennsylvania in Title 25 of the Pennsylvania Code, Chapters 260 through 285, and by the U.S. Environmental Protection Agency, in Code of Federal Regulations, Title 40, Chapter I.
I. Radiation hazards. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with the applicable regulations of the Atomic Energy Commission.
J. Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line, except during the period of construction of the facilities to be used and occupied. No heat from any use shall be sensed at any property line to the extent of raising the ambient temperature of air or materials more than 5° F. Any operation or activity that produces glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandle measured at the property line.
K. Electromagnetic radiation. In the interest of maintaining an atmosphere fruitful to research, there shall be no electromagnetic interference that adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference or that is not in conformance with the regulations of the Federal Communications Commission.
L. Ash, dust, fumes, vapors, gases and other forms of air pollution. No emission which can cause any damage to health, to animals or vegetation, or other forms of property, or which can cause any excessive soiling at any point, and in no event any emission from any chimney or otherwise of any solid or liquid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas or air at any point shall be permitted. This shall be measured at the point of emission.
(1) The discharge of any substance into the atmosphere shall be in strict compliance with provisions of the Federal Clean Air Act and the Pennsylvania Air Pollution Control Act, as amended. In order to minimize overlapping regulations, the Township adopts these standards as its own. Therefore, all operations, activities and uses shall be in compliance with the standards contained in the following: Commonwealth of Pennsylvania Air Pollution Control Act, Title 25, Pa. Code, Chapters 121 through 143, and the Code of Federal Regulations, Title 40, Subchapter C.
M. Vibration. No use shall cause or produce earthborne vibrations with an acceleration of more than 1/10 g or shall result in any combination of amplitudes and frequencies on any structure beyond the safe range established in the United States Bureau of Mines Bulletin No. 442, entitled "Seismic Effects of Quarry Blasting."
(1) Notwithstanding the provisions of the foregoing subsection, vibration created by blasting or other means such as construction equipment shall be restricted to between the hours of 7:00 a.m. and 5:00 p.m.
N. Water. No emission of polluters (as defined by the Pennsylvania Department of Environmental Protection) into a waterway or sewage system extending beyond the property line shall be permitted.
(1) All uses and activities shall meet all applicable requirements of the Pennsylvania Clean Streams Law, as amended; all other federal and state laws relating to the quality of surface water, stormwater runoff, and groundwater; and all applicable provisions in Chapter
265 of the Code of the Township of Spring Garden.