(a) Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table 2 and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

(b) The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

P.V. = 6.28FxD

P.V. = Particle Velocity, inches per second

F. = Vibration frequency, cycles per second

D. = Single amplitude displacement of the vibration, inches

(c) The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed the values given in Table 2.

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

(3) Air Pollution.

(a) No user shall emit or cause or allow to be emitted or permit to escape into the open air, any air contaminant of a quantity or quality which will violate any provision of this Chapter.

(b) No user shall operate or maintain or permit to be operated or maintained 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 equipment as will prevent the emission into the open air of any air contaminant in a quality or quantity that will violate any provision of this Chapter.

(c) No user shall cause, allow, permit, kindle, ignite, or maintain any bonfire, junk fire, refuse fire, open fire, salvage operations fire or any other open fire on or in any public street, road, or public ground, or upon any private property within the limits of the site.

(d) No user shall emit or cause or allow to be emitted or permit to escape into the open air from any combustion unit or incinerator smoke with a shade darker than No. 1 of the Ringelmann Chart, except smoke of a shade equal to but not darker than No. 2 of the Ringelmann Chart may be emitted for a period or periods aggregating four minutes in any 8 hour period.

(e) No firm or corporation shall permit or cause the discharge of particulate matter into the atmosphere from incinerators in excess of 0.1 grains per cubic foot of gas at standard conditions corrected to 12% CO2, except as designated under specific contaminants.

(4) Specific Contaminants.

(a) Fugitive Emissions. As required by §§123.1 and 123.2, Chapter 123, Article III, Sub-Part C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 17 January, 1972, or as may be revised in the future. [Ord. 2-2005]

(b) Particulate Matter Emissions. As required by §§123.11, 123.12 and 123.13, Chapter 123, Article III, Sub-Part C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 27 January, 1972, or as may be revised in the future. [Ord. 2-2005]

(c) Sulfur Compound Emissions - As required by §§123.21, 123.22, and 123.23, Chapter 123, Article III, Sub-Part C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection as revised January 27, 1972, or as may be revised in the future. [Ord. 2-2005]

(d) Copies of the above regulations and related permit, operating and variance procedures are available for review at the Township offices during normal office hours.

(5) Toxic or Noxious Matter.

(a) Water-borne. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred 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.

1) The ambient air quality standards for the Commonwealth of Pennsylvania shall be the guide to 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 permitted below, of those 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 24-hour sampling period.

2) In the Limited Industrial District, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value beyond the district boundary line.

(6) Control of Odors. 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 within which the industrial operation is situated. 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.

(a) Odor thresholds shall be measured in accordance with ASTM d-1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."

(b) In the Limited Industrial District, odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line measured either at ground level or habitable elevation.

(7) Fire and Explosion Hazards.

(a) 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 187 degrees F., - is permitted subject to compliance with all other performance standards for the district.

(b) 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 187 degrees F., but not less than 110 degree F. - is permitted, subject to compliance with all other performance standards for the district, and provided the following conditions are met:

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

2) All such buildings or structures shall be set back at least 100 feet from side or rear lot lines, and 150 feet from the street line, and shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association or Factory Insurance Association; or if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Protection Association or Factory Insurance Association.

(c) 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 110 degrees 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:

1) That the final manufactured product does not itself have a closed cup flash point of less than degrees 187 F.

2) That the use of such material shall be in conformity with the standards prescribed by the National Fire Protection Association, and the requirements of other ordinances of the Township.

3) That no more than 200 gallons of such materials shall be on site at any one time and that such storage shall be in conformity with the standards prescribed by the National Fire Protection Association, and the requirements of other ordinances of the Township.

(8) Storage. The storage of more than 10,000 gallons of materials or products having a closed cup flash point greater than 110 degrees F. including storage of finished products in original sealed container is prohibited. Bulk storage of more than 500 gallons must be in underground facilities designed to meet the standards prescribed by the National Fire Protection Association, and the requirements of the other ordinances of the Township.

(9) Heat and Glare Control.

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

(b) Glare. No use shall carry on an operation that would produce glare as defined below from unshielded bulbs or any production operation such as welding beyond the property line of the lot on which the use is situated. "Glare" shall be defined as direct or indirect light from such activities of greater than 0.5 foot-candles illumination at habitable levels.

(10) Water Quality. No use shall withdraw water from the Chester Creek or its tributaries without filing for and obtaining permission from the Delaware River Basin Commission, other than for emergencies such as "fire pond" use to supplement emergency vehicle or hydrant pressures and flow. Further, discharges to those streams shall meet the following quality levels. Where the Pennsylvania Department of Environmental Protection shall set more stringent requirements, they shall apply. In all cases, permits shall be obtained from the Pennsylvania Department of Environmental Protection. [Ord. 2-2005]

(a) Temperature of Discharges. The heat content of discharges shall be limited to an amount that could not raise the temperature of the entire stream at the point of discharge 5 degrees F. above ambient temperature or to a maximum of 87 degrees F., whichever is less; nor change the temperature by more than 2 degrees F. during any 1-hour period assuming complete mixing.

(b) Quality Discharge - The minimum quality of discharges shall be as specified to maintain quality for Group B streams by the Pennsylvania Department of Environmental Protection. Those standards are:

Biological Oxygen Demand (BOD) 5.0 ppm

Dissolved Oxygen (DO) 5.0 mg/L

Suspended Solids (SS) 10.0 ppm

Phosphorous as Phosphate 0.2 ppm

Secondary, and where required, tertiary treatment shall be provided to maintain such quality. Further, no use shall discharge heavy metals, oils, suspended matter or other elements expressly prohibited by the Pennsylvania Department of Environmental Protection. [Ord. 2-2005]

(c) Emergency Procedures. Where materials stored on site could, if accidentally released, impair water quality, emergency procedures shall be specified to prevent such spillage from entering ground or surface waters as a part of the permit application.

C. Procedures for Obtaining Permits. It shall be unlawful for any person to install, alter, enlarge or make additions to any existing or new facilities, equipment or operation that may be a source of air contaminants, or to install, alter, enlarge, or make additions to any existing or new equipment, devices or apparatus, the use of which may eliminate, reduce or control the emission of air contaminants until an application, including plans and specifications, has been filed with the Township Secretary and the permits have been issued by the Zoning Officer. Should the Zoning Officer require the services of a consultant for review of submitted plans and specifications, the applicant shall bear all costs for such services.

(1) Two sets of plans shall be submitted with each application. If the plans are approved, one copy shall be retained by the Township and the second copy shall be kept at the site of construction.

(2) Each submittal shall be examined by the Township Engineer who shall make recommendation to the Board of Supervisors within 30 days from the date of filing thereof.

(3) Where a permit also is required from the Commonwealth Department of Environmental Protection, no Township permit shall be issued until the State permit has been obtained and evidence of same has been given to the Township. [Ord. 2-2005]

(4) After the completion of any work requiring a permit, the applicant shall apply for a certificate of use and/or occupancy. The certificate shall be issued by the Code Enforcement Officer after certification by the Township Engineer and shall certify that the work has been done in accordance with the approved plans. [Ord. 2-2005]

(5) The Township Engineer may, at his discretion, require tests to be made of any work before he authorizes the Building Inspector to issue a certificate of use and/or occupancy. Such tests shall be made at the expense of the applicant.

(6) The applicant shall comply with all regulations of all applicable local, State and Federal codes.

(Ord. 2-1976, 2/3/1976, §805; as amended by Ord. 2-2005, 7/6/2005)

Commercial Districts are intended to:

A. Provide sufficient space in appropriate locations for the types of shopping, professional, and service establishments anticipated to be needed in the Township.

B. Protect commercial development against intrusive uses which are incompatible and against objectionable influences such as noise or glare, and from hazards of fire.

C. Provide appropriate space for the requirements of commerce including the provision of off-street parking spaces, safe circulation of pedestrian and motor traffic in the zone and in nearby areas.

D. Promote the most desirable use of land and pattern of building development in accord with a well considered plan for the district as a whole and to protect the character of the area and nearby districts.

(Ord. 2-1976, 2/3/1976, §900)

A.building, separate or unified, may be erected or used and a lot may be used or occupied for any one of the following uses and no other:

A. Retail store with a gross floor area not in excess of 10,000 square feet.

B. Restaurant.

C. Personal service shop.

D. Professional office, studio or medical clinic building.

E. Bank or similar financial institution.

F. Agricultural use, including tilling of the soil, nursery or greenhouses; provided, that the keeping of livestock for commercial purposes shall be prohibited.

G. Accessory use on the same lot with and customarily incidental to any of the above permitted uses which may include the following:

(1) Storage within a completely enclosed building in conjunction with a permitted use.

(2) Signs as permitted in Article 20 of this Chapter.

(3) Parking as required in Article 21 of this Chapter.

(4) Living accommodations or sleeping quarters for the proprietor or a watchman.

H. Any use of the same general character as any of the uses specifically permitted when authorized as a special exception by the Zoning Hearing Board; provided, that such use does not adversely affect or interfere with the health, safety and general welfare of the community.

I. I - Residential Cluster Design in accordance with §27-1201 through §27-1209. [Ord. 2-2004]

J. No use shall be permitted which is in violation of the prohibited uses and performance standards in Article 21 of this Chapter.

(Ord. 2-176, 2/3/1996, §901; as amended by Ord. 1-1999, 2/24/1999, §102; and by Ord. 2-2004, 4/21/2004, §§1, 2)

1. Lot Area and Lot Width. Every lot shall have a lot area of not less than 12,000 square feet and such lot shall be not less than 50 feet in width at the building line, provided that if individual lot sewage disposal is to be used, the lot shall have an area of 30,000 square feet and a front building line width of 120 feet.

2. Building Area. Not more than 55% of the area of each lot may be occupied by buildings, impervious parking areas or other impervious cover.

3. Front Yard. There shall be a setback on each street on which a lot abuts which shall be not less than 40 feet in depth.

4. Side Yard. Side yards shall be provided on every lot as follows:

A. For every detached or unified building, there shall be two side yards, neither of which shall be less than 12 feet in width.

5. Rear Yard. Where a rear yard is immediately contiguous to Residential Districts 1 or 2, the depth of the rear yard shall be equal to the minimum rear yard requirements in such Residential District.

6. Height. No building shall exceed three stories or 35 feet in height.

7. Special Regulations.

A. Every use other than parking facilities shall be completely enclosed within a building.

B. No restaurant or similar use shall be conducted such as a drive-in service establishment or refreshment stand (sometimes called a snack bar, dairy bar, hamburger stand, or hot dog stand), where customers and patrons are served food and/or drinks for immediate consumption outside the building. All preparation, service and consumption of food shall be within the building in which the business is conducted except for food taken out for consumption off the premises.

C. Along each side or rear yard property line which directly abuts a Residence or Apartment District in the Township or a similar district in an adjoining municipality, a buffer planting strip as defined in §27-201 of this Chapter, not less than 15 feet in width shall be provided.

D. No permanent storage or merchandise, articles or equipment shall be permitted outside of a building and no goods, articles or equipment shall be stored, displayed or offered for sale beyond the front lines of a building. No outdoor vending machine, self-service station or similar use shall be allowed in any required yard abutting a street or on a public sidewalk.

E. The off-street parking, off-street loading and special provisions relating to highway frontage prescribed in Article 21 of this Chapter shall apply in Commercial Districts.

F. No use shall be permitted which is in violation of the prohibited uses and performance standards in Article 21 of this Chapter.

G. The greatest dimension in length or depth of a building shall not exceed 160 feet.

H. A unified group of buildings may consist of separate uses permitted in §27-1002 of this Article provided all other requirements of this Article are met.

(Ord. 2-1976, 2/3/1976, §902; as amended by Ord. 9-1977, 8/8/1977, §1)

Article 11 Residential Cluster Design Conditional Use