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§ 265-1104 PERFORMANCE STANDARDS

  1. No use, land or structure in any district shall involve any element or cause any condition that may be dangerous, injurious or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration, glare, excessive traffic, attract vermin or rodents or constitute a nuisance or be a detriment to the health, safety, morals or general welfare of the community or to any other person or property in the Borough. All uses in all districts shall be subject to the following standards of operation. Environmental performance standards. The developer shall determine the presence of environmental or natural features on any site proposed for land development and shall meet the following standards for environmental protection. Site alterations, erosion and sedimentation control, regrading, filling, the clearing of vegetation or timbering and forestry activities without an appropriate and current permit prior to approval of the plans for development shall be a violation of this Section. 
    1. Floodway delineation. One-hundred-year floodways shall be delineated as per the provisions of the current Borough ordinances. Within the floodway, the following uses and activities having a low flood damage potential and not obstructing flood flows shall be permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, and do not require structures, fill or storage of materials and equipment:
      1. Agricultural uses;
      2. Public and private recreational uses and activities such as parks, picnic grounds, hiking and horseback riding trails, wildlife and nature preserves, hunting and fishing;
      3. Accessory residential uses such as yard areas, gardens and play areas.
    2. For the purpose of this section, normally dry land area adjacent to stream channels that is susceptible to being inundated by overbank stream flows. Development activities shall be regulated as per the provisions of the current Borough ordinances.
    3. Steep slopes. In areas of steep slopes, i.e., those above 15%, the following standards shall apply, except as approved by the Borough Engineer:
      1. Sixteen percent to 24%. No more than 60% of such areas shall be developed and/or regraded or stripped of vegetation.
      2. Twenty-five percent or more. Earth disturbance activities in these areas in preparation for development are restricted except as approved by the Borough Engineer.
    4. No more than 50% of any forest as defined may be cleared or developed, unless trees are the primary crop being harvested.
    5. Ponds, watercourses or wetlands. No development, filling, piping or diverting shall be permitted except for required roads and utility line extensions, unless permitted by the appropriate state, county or regulatory agency.
    6. Stormwater drainage and management. All plans shall comply with the provisions of the Borough of Tarentum Subdivision and Land Development, and all amendments thereto.
    7. Soil erosion and sedimentation. With any earth disturbance there shall be control of erosion and the protection of streams and ponds from sedimentation in accordance with the Clean Streams Law, P.L. 1987,EN Chapter 102 of Title 25 of the Pennsylvania Code, and the “Soil Erosion and Sedimentation Control Manual” of the Pennsylvania Department of Environmental Protection. In addition, a Soil Erosion and Sediment Control Plan (SE & SC Plan) shall be required as part of the application for any Borough permit where earth disturbance or excavation will occur. As a minimum, where sediment can be transported away from the disturbed area, a silt fence or straw bale barrier shall be erected and maintained in working order until vegetation is fully established as determined by the Pennsylvania Department of Environmental Protection, or erosion-resistant ground cover has been installed. Additional sediment pollution control measures may be required where land development is more extensive than single-family construction.
  2. Odor. Those standards for the control of odorous emissions established by the Pennsylvania Department of Environmental Protection (PADEP) shall be applied in all zoning districts. Where an odor is deemed offensive, a duly authorized Borough representative shall refer the matter to the Pennsylvania Department of Environmental Protection (PADEP) where it has jurisdiction relative to an established airshed.
  3. Storage and waste disposal.
    1. No highly flammable, explosive or toxic liquids, solids or gases shall be stored in bulk (over 500 gallons), above ground, except in an enclosed building and except new tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.
    2. All new permanent bulk outdoor storage facilities for fuel over 500 gallons, raw materials and products and all fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence.
    3. 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 wells, watercourses, or potable water supplies otherwise render such wells, watercourses, or potable water supplies undesirable as sources of water supply or recreation; nor shall any substance which will destroy aquatic life be allowed to enter any wells, watercourses, or potable water supplies, where applicable. A Pennsylvania Department of Environmental Protection approved plan for spill containment shall be submitted to the Borough for review by the Borough Engineer prior to the issuance of any required permit.
    4. Any 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.
  4. Air pollution. No emission at any point from any chimney or otherwise of visible smoke in excess of that permitted by the air pollution control regulations of the commonwealth agency with jurisdiction shall be permitted.
  5. Dust, fumes, vapors, and gases. The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, to vegetation, or to property or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.
  6. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or employ unshielded illumination sources beyond its lot lines or onto any public road. Spillover lighting from parking areas shall not exceed two footcandles per square foot beyond the property line.
  7. No use shall cause earth vibrations, or concussions detectable beyond its lot lines without the aid of instruments, with the exception of vibration produced as a result of temporary construction activity.
  8. No discharge at any point into any private sewage disposal system or stream or into the ground of any materials in such a way or in such manner or temperature as can contaminate any public or private water supply or otherwise cause the emission of dangerous, noxious or objectionable elements, or the accumulation of solid wastes conducive to the breeding of rodents or insects, is permitted.
  9. Heat, cold, dampness or movement of air. No activities producing heat, cold, dampness or movement of air are permitted which shall produce any material effect on the temperature, motion or humidity of the atmosphere at the lot line or beyond.
  10. No new use proposed in any district which, by the nature of its use, operation or activity, produces noise of objectionable character or volume as noted by a person at the property line of the parcel upon which the offending use is located will be permitted.
    1. Residential uses.
      1. In excess of 60 dba for any period of time between the hours of 10:00 p.m. and 7:00 a.m.
      2. In excess of 80 dba for any period of time between the hours of 7:01 a.m. and 9:59 p.m.
      3. The use of maintenance equipment, including, but not limited to, power mowers, on a temporary basis, in residentially zoned districts shall be exempt from the standards in this section.
    2. Commercial uses. In excess of 90 dba for more than two hours during a twenty-four-hour period.
    3. Industrial uses. In excess of 90 dba for two hours during a twenty-four-hour period.
  11. Electrical disturbance or radioactivity. No activities which emit dangerous radioactivity or continuous cumulative low-level radiation at any point are permitted, and no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance shall be permitted.
  12. Maintenance of yards, adjacent undeveloped property. The owner or lessee of the property, whether occupied or vacant, located within or adjacent to any developed area shall maintain such premises so that all portions of the property shall be kept free of junk, debris, disabled motor vehicles and dangerous or noxious material.
  13. Vehicle and equipment maintenance.
    1. In industrial and commercially zoned areas, all vehicles and movable equipment repair done on the property shall be performed within an enclosed building, except that minor maintenance activities may be completed on the exterior of a lot where space has been provided for the temporary parking or storage of vehicles and movable equipment.
    2. In residentially zoned areas, minor vehicle maintenance activities on vehicles owned by the occupant may be conducted in driveways, but in no case shall repairs be made on vehicles and movable equipment which would result in the storage of said vehicles or movable equipment on the exterior of the lot for more than 48 hours, unless said vehicles are stored in an enclosed building.
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