A. Except as may be permitted in the Commercial Districts, no part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage and display, except in the case of a sidewalk sale, flea market, public auction or garage sale provided that such sales shall not take place more than four (4) times per year for a period not to exceed three (3) days per event.

B. Outside storage and display areas shall occupy an area of less than one-half (1/2) the existing building coverage.

C. Outside storage shall be screened from view from any public street.

D. Uses requiring more land area for such storage or display may be permitted by Special Exception. However, in no case shall more than twenty-five (25) percent of the lot area be used in outdoor storage or display.

A. Activities generating excessive noise, vibration, dust, fumes and vapors are detrimental to the health, safety and welfare of the citizens of Solebury Township and interfere both with the quiet enjoyment of residential and public property and the operation of business and, therefore, should be controlled to the greatest extent possible. These regulations are intended to prevent land or buildings, including those permitted by right, Conditional Use, Variance or Special Exception from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition adversely affecting the surrounding area.4

B. All uses shall operate in conformance with the provisions of this Section 1811. In addition, all uses shall comply with relevant statutes, codes, rules and other regulations of the United States government, the Commonwealth of Pennsylvania, Bucks County and governmentally regulated companies, authorities and other entities which have jurisdiction over sewage disposal, water supply, water quality, air quality and air pollution, traffic and other consumption or emission characteristics of land use. In the case of a conflict, the most strict regulation shall apply.5

C. All plans for proposed development in the Township shall illustrate, depict, note, or otherwise demonstrate compliance with this Section.

D. The Zoning Officer may inspect any private property for the purpose of determining compliance with this Section.

E. Noise Control

1. Purpose

Excessive sound is a serious hazard to the public health and welfare and the quality of life of the citizens of Solebury Township. A substantial body of science and technology exists by which excessive sound may be substantially abated. It is the purpose of this section to protect the citizens of Solebury Township from excessive noise.

2. Environmental Performance Standards

a. Maximum Permissible Sound Levels by Receiving Zoning District. No person shall operate or cause to be operated on public or private property any source of continuous sound in such a manner as to create a sound level which exceeds the maximum limits set forth for the receiving zoning category in the following table when measured at or within the property boundary of the receiving zoning district. Sound levels exceeding the maximum limits set in the following table are hereby declared to be a nuisance.

Not withstanding the above, no noise origination source shall effect a change of 10 dBA above the ambient condition at any location, regardless of Zoning District. In all cases, sound measures may be taken at or beyond the real property boundary of the sound source.

b.Terminology. All technical terminology used in this ordinance not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI), its latest approved revisions thereof or its successor body.

1) Continuous Sound. Any sound, which is steady state, fluctuating or intermittent with a recurrence greater than one time in any 15-second interval.

2) Impulsive Sound. Any sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any 15 second interval.

3) Pure Tone. A sound sensation characterized by its singleness of tone.

c. Standards. For the purpose of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the latest approved standards as published by ANSI or its approved equivalent.

d. Correction for Character of Sound. For any source of sound, which emits a pure tone, the maximum sound level limits set forth in subsection 2.a shall be reduced by 5dBA. For any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 20dBA over the ambient sound pressure level, regardless of time of day or night or receiving land use, using the "fast" meter characteristic of Type II meter, meeting the IEC-651 and ANSI S 1.4 Type 2 Specification.

e. Sound Measurements. The sound meter shall be operated in accordance with the manufacturer's instructions. The sound meter shall be calibrated with each use. The sound meter shall be operated using the "A" weighting and fast response settings. Readings shall be taken in such a way that traffic noise is factored into the reading.

3. Excessive Noise Prohibited

In addition to the above, it is hereby declared to be a nuisance and shall be unlawful for any person, firm or business entity to make, cause, suffer or permit to be made or caused upon a property owned, occupied or controlled by him or it or upon any public land, street, alley or thoroughfare in the Township of Solebury any excessive noises or sounds, by means of vehicles, machinery, equipment (including sound amplification equipment and musical instruments) or by any other means or methods which are physically annoying to the comfort of any reasonable person or which are so harsh, prolonged, unnatural or unusual in their use, time and place, as to occasion physical discomfort, or which are otherwise injurious to the lives, health, peace and comfort of the inhabitants of Solebury Township or any number of residents thereof.

4. Special Prohibitions

The following acts and causes thereof are hereby declared to be a nuisance and in violation of this Ordinance:

a. Possessing, harboring or keeping an animal or bird which makes any noise continuously and/or persistently for a period of 15 minutes or more, in such a manner as to disturb or annoy any person at any time of the day or night, regardless of whether the animal is situated upon private property.

b. Operating, playing or permitting the operation or playing of any radio, television, audio equipment, sound amplifier, musical instrument or other such device between the hours of 10 p.m. and 9 a.m. in such a manner as to cause annoyance to persons in the vicinity.

c. Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling, blasting, demolition, excavation, extraction of stone or other such activities between the hours of 7 p.m. and 7 a.m. or at any time on Sunday. This provision does not apply to the operation of domestic power tools.

d. Repairing, rebuilding, modifying, testing or operating a motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause annoyance to persons across a real property boundary from the noise source.

e.Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or similar device used out of doors between the hours of 10 p.m. and 7 a.m. in such a manner as to cause annoyance to persons across a real property boundary from the noise source.

5. Exceptions

The restrictions set forth above shall not apply to any of the following noise sources:

a. Vehicles, machinery, appliances and equipment or hand tools used in conjunction with agricultural activities.

b. The emission of sound for the purpose of alerting persons to the existence of an emergency.

c. Emergency work performed to protect public health or safety, including fire protection, protection from flood or other disasters, and work performed to provide electricity, water or other public utilities when public health or safety is involved.

d. Public gatherings, performances and the like for which a permit has been obtained from the Township.

e. Warning devices on authorized emergency vehicles and/or required for safety purposes

f. Vehicles, machinery, appliances and equipment used in the case of an emergency and snow removal. (Ord. 2003-204, May 22, 2003) F.Vibration Control

1. Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table I below and such measurements shall not exceed the particle velocities so designated. The instrument used for those measurements shall be a three (3) component measuring system capable of simultaneous measurement of vibration in three (3) mutually perpendicular directions.

2. The maximum vibration is given as particle velocity (P.V.), which may be measured directly with suitable instrumentation or computed on the basis of displacement (D) and frequency (F).

When computed, the following formula shall be used:

P.V. = 6.28 F x D

P.V. = Particle velocity, inches per second

F.= Vibration frequency, cycles per second

D.= Single amplitude displacement of the vibration, inches

3. The maximum particle velocity shall be the vector sum of the three (3) individual components recorded. Such particle velocity shall not exceed the values given in Table I.

PARTICLE VELOCITY IN INCHES/SECOND

Where vibration is produced as discreet impulses, and such impulses do not exceed a frequency of one hundred (100) per minute, then the values in Table I may be multiplied by two (2).

G. Toxic or Noxious Matter Control

1. Water-borne

No substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which can destroy aquatic life shall be allowed to enter any stream or watercourse. Nor shall any such substance or waste be deposited upon a lot in such form or manner that it may be transferred off the lot by natural causes or forces. No activities shall violate the laws and regulations referenced specifically in Article 14.

2. Airborne

No substance which can pollute the air shall be permitted.

a. The Ambient Air Quality Standards for the Commonwealth of Pennsylvania shall provide the maximum discharge limit for the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the Ambient Air Quality Standards of the Commonwealth of Pennsylvania, the release of such materials shall be in accordance with the fractional quantities of 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 (24) hour sampling period.

b. The release of air-borne toxic matter shall not exceed one thirtieth (1/30) of the Threshold Limit Value beyond a district boundary line of the district in which the use is located.

H. Odor Control

1. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail. The foregoing shall not apply to agricultural use odors, unless such odors are a threat to public health and/or safety.

a. Odor thresholds shall be measured in accordance with ASTM d1391-57 (or latest revision) "Standard Method for Measurement of Odor in A tmospheres (Dilution Method)."

b. Odorous materials released from. any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line measured at either ground level or at forty (40) feet from ground level of the .district in which the use is located.

I. Fire and Explosion Control

1. All activities, including storage involving flammable and explosive materials at any point within a lot shall be provided with adequate safety and fire fighting devices, as determined by the Fire Marshal.

2. The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flash point of not less than one hundred and eighty-seven degrees Fahrenheit (187 F), is permitted, subject to compliance with all other environmental controls.

3. The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed cup flash point of less than one hundred and eighty-seven degrees Fahrenheit (187 F) but not less than one hundred and twenty degrees Fahrenheit (120 F), is permitted, subject to compliance with all other environmental controls and provided the following conditions are met:

a. Said materials or products shall be stored, utilized, or produced within completely enclosed buildings or structures having incombustible exterior walls.

b. All such buildings or structures shall be set back at least seventy-five (75) feet from side or rear lot lines and one hundred fifty (150) feet from the front lot line, and shall be protected throughout by an automatic sprinkler system complying with current installation standards prescribed by the National Fire Protection Association or, if the materials, goods or products are liquids, the protection thereof shall be in conformity with current standards prescribed by the National Fire Protection Association, which are hereby adopted by reference.

4. The utilization in manufacturing process of materials which produce flammable or explosive vapors or gases, as determined for liquids by a closed cup flash point of less than one hundred twenty degrees Fahrenheit (120 F), shall be prohibited without special permit from the Township Engineer. Issuance of such permit shall be guided by, but not limited to, the following criteria:

a. The final manufactured product shall not itself have a closed cup flash point of less than one hundred eighty-seven degrees Fahrenheit (187 F).

b. The use of such material shall be in conformity with the current standards prescribed by the National Fire Protection Association, which are hereby adopted by reference, and the requirements of other ordinances of the Township.

J. Heat and Glare Control

1. Heat

No use shall carry on an operation that would produce an increase in ambient air temperature of more than two degrees Fahrenheit (2 F) at the property line of the lot on which the use is situated.

2. Glare

No use shall carry on an operation that would produce glare from unshielded bulbs or any production operation (such as welding) beyond the property line of the lot on which the use is situated. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines. Lighting fixtures that shield the reflector or lens of any high brightness surface from viewing angles above sixty degrees (60) from horizontal shall be utilized.

K. Storage Control

1. No liquids, solids, or gases having a flash point less than seventy-three degrees Fahrenheit (73F) (as specified in the National Fire Code Vol. 12 and 13, National Fire Protection Association), shall be stored in bulk above ground, except tanks or drums of fuel, having a maximum capacity of two thousand (2,000) gallons, connected directly with energy devices or heating appliances located and operated on the saw lot as the tanks or drums of fuel.

2. The capacity of Flammable Materials Permitted in Gallons shall be as follows:

3. Except for agricultural use, 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 with a minimum height of six (6) feet. Such fence shall be chain link, stockade, picket (not exceeding 3-inch spacing), solid wood, building wall, or such other materials as may be acceptable to the Zoning Officer to carry out the intent of this Section.

4. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse. Disposal of sewage, septage or sludge must meet the requirements of the Pennsylvania Department of Environmental Resources.

5. All materials or wastes which might cause fumes 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 if enclosed in containers adequate to eliminate such hazards.

6. Radioactivity and Electrical Disturbance: There shall be no storage of materials which emits radioactivity beyond the boundaries of the lot on which it is located. There shall be no electrical disturbance adversely affecting the operation of any equipment beyond the property line of the creator of such disturbance.

L. Traffic Control

1. No activity shall occur which would adversely affect traffic flow and/or present traffic controls within the Township by creating a level of service below that which is specified in this subsection.

2. To minimize potentially adverse conditions, the level of service, for traffic along any road within one thousand five hundred (1,500) feet of the points of ingress and egress of a tract or lot shall be a level of service "C" or better. The term "level of service" and the categories thereof are used herein in accordance with the definitions or meanings ascribed thereto in the document entitled: Trip Generation, An Institute of Transportation Engineers Informational Report (most current edition).

3. The determination of levels of service shall be made after an experienced Transportation Engineer/Traffic Consultant conducts a traffic study, the cost of which shall be borne by the owner of the tract or other property owner. Said study shall be based in part on the aforementioned report, and in part on the Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations, in particular the following chapters: 471-610 pertaining to Engineering and Traffic Studies; 471-611 pertaining to Maintenance and Protection of Traffic; and, 471-615 pertaining to Official Traffic Control Devices. Said study shall indicate compliance with the requirement for a level of service "C" or better as set forth above, and shall include the data upon which the conclusions of said study are based, including, without limitation, traffic counts, the hours thereof, the dates thereof, and the types of motor vehicles comprising such counts.

4. Any activity which would result in a level of service below "C" shall be considered deficient and shall not be permitted unless improvements are made to the streets and/or intersections which raise the level of service to "C" The improvements shall include, but not be limited to the following elements: internal circulation design, site access location and design, external street and intersection design and improvements, traffic signal installation and operation, including signal timing.

M. Excavation Control

1. The removal of topsoil from the lot is prohibited.

2. The removal and sale of sod for landscaping purposes is permitted, provided that such land area is reseeded within the next planting season.

The following standards shall apply:

All lighting shall be designed so that no direct rays shall fall upon any neighboring property or street. Lighting standards shall be located no less than five (5) feet from the paving of parking spaces, drives or streets. Lighting structures shall not exceed twenty (20) feet in height in shopping centers and other commercial areas, industrial/office campuses, and recreational areas. Lighting structures shall not exceed fifteen (15) feet in height in multifamily and planned residential developments, residential streets, sidewalks and pedestrian walkways.