Barkeyville Borough, 5404 Pittsburgh Road, Harrisville, Pennsylvania 16038 - Ph: 814-786-7280

Barkeyville Borough, Pennsylvania

Barkeyville Borough Zoning Ordinance

Download the Barkeyville Borough Zoning Ordinance That Had Included Air Pollution Protections

Pennsylvania Municipalities Planning Code, Article VI - Zoning

Section 614. Appointment and Powers of Zoning Officer. For the administration of a zoning ordinance, a zoning officer, who shall not hold any elective office in the municipality, shall be appointed. The zoning officer shall meet qualifications established by the municipality and shall be able to demonstrate to the satisfaction of the municipality a working knowledge of municipal zoning. The zoning officer shall administer the zoning ordinance in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to the zoning ordinance. Zoning officers may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of their employment.

Barkeyville Zoning Ordinance Stripped

The following provisions protecting Barkeyville and the surrounding communities from air pollution were stripped from the zoning ordinance by the Barkeyville Borough Council at the request of the Hawbaker Asphalt Corporation on September 4, 2007 despite massive public support for the air pollution protections. The Borough Council consisted of Leann Stearns, Wally Stearns, Warren Whetzel, Charles Nolf, Regis Brick, Jeff McConnell and Alvin Patton. They had the full support of the mayor, Mary E. Rose. After amending the zoning ordinance, they issued another permit to Hawbaker, through their zoning officer William Walker of Oil City, PA. [read more about this]

Pertinent Excerpts:

104 COMMUNITY DEVELOPMENT OBJECTIVES: This Ordinance and accompanying Zoning Map are intended to promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements as well as preventing the overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood,
panic or other dangers. The specific objectives upon which this Ordinance has been based include the following:

104.1 To support and encourage order and beauty in the development of Barkeyville Borough's environment for the convenience and pleasure of present citizens and future residents through sound land development practices and the provision of adequate public utilities and facilities.

104.2 To encourage future land development to complement a logical, harmonious and efficient pattern of future Borough growth.

104.3 To encourage future residential use to occur in a harmonious arrangement within compact neighborhood units.

104.4 To preserve strategic properties suitable for industrial development for the establishment of suitable diversified industry in the Borough.

104.5 To guide commercial development in such a way as to minimize adverse influence on adjacent roads or land values; to maintain and protect existing commercial uses; and to encourage new commercial facilities to locate in functionally designed centers with safe and adequate roadway access.

104.6 To protect property values to insure a suitable, attractive and efficient community environment.

104.7 To encourage development of integrated and cohesive development and to foster growth in those areas best suited and situated for such uses.

104.8 To encourage developers to incorporate adequate public facilities and open spaces in neighborhood design.

104.9 To preserve wetlands, aquifers, forests, flood plains and farmland.

104.10 To establish Zoning Districts for business and industry which will capture the economic development potential of Interstate 80.

105 COMPLIANCE: No structure shall be located, erected, constructed, reconstructed, moved, altered externally, converted, or enlarged, nor shall any structure or land be used or be designed to be used except in full compliance with all the provisions of this Ordinance and after the lawful issuance of all permits and certificates required by this Ordinance, except that the Borough of Barkeyville is exempt from this ordinance in the pursuit of its municipal functions.

302 DEVELOPMENT REGULATIONS FOR ANY BUSINESS USE:

302.1 Provisions of Use: Any permitted principal and/or accessory business use shall be subject to the following regulations:

(5) It shall not emit any noxious, toxic or corrosive fumes or gases nor shall it emit any offensive odors.

[Take a look at the potential air pollution from the proposed Hawbaker facility.]

[Take a look at the diesel pollution.]

303 DEVELOPMENT REGULATIONS FOR ANY INDUSTRIAL USE:

(5) It shall not emit any noxious, toxic or corrosive fumes or gases nor shall it emit any offensive odors.

ARTICLE V

501 SPECIAL CRITERIA FOR CONDITIONAL USES AND SPECIAL EXCEPTIONS: Conditional Uses will be granted or denied by Borough Council after a review and recommendations by the Barkeyville Borough Planning Commission. In addition to determining compliance of the proposed Conditional Use with these guidelines and expressed criteria as set forth by the Ordinance, Borough Council may also set forth reasonable conditions for approval which it feels are necessary to preserve and protect the neighborhood and community. Special Exceptions may be granted by the Zoning Hearing Board after review and recommendations by the Borough Planning Commission in accordance with these express standards and criteria. In granting a Special Exception, the Board may attach reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Ordinance and to protect the neighborhood. The preservation and integrity of existing development in neighborhoods must be carefully weighed and given priority in each decision. Conditional Uses and Special Exceptions must satisfy all other requirements for the Zoning District in which they are to be located. Special criteria to be followed in granting either a Conditional Use or Special Exception are as follows:

501.11 HEAVY INDUSTRY: Heavy industry will be allowed in the 1-2-Industrial District and the IP -Industrial Park District as a Conditional Use provided the use will satisfy the Performance Standards of Section 606. Outside storage yards abutting or immediately across a street from any R-Residential District shall be screened with a solid fence or wall facing the R-Residential District.

606 PERFORMANCE STANDARDS: No use, land or structure in any district shall involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or person in the Borough. Furthermore, every use of land or structure in any district must observe the following performance requirements:

606.6 AIR POLLUTION: No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, or to animals, vegetation or other property.

[Take a look at the potential air pollution from the proposed Hawbaker facility.]

[Take a look at the diesel pollution.]


PA CLEAN AIR ACT

Hawbaker is a "stationary air contamination source" as defined bythe PA Clean Air Act, otherwise it would not need an air pollution permit:

PA AIR POLLUTION CONTROL ACT Act of 1959, P.L. 2119, No.787 (2 amended July 9, 1992, P.L.460, No.95)
Section 3. Definitions.
"Air contaminant." Smoke, dust, fume, gas, odor, mist, radioactive substance, vapor, pollen or any combination thereof.
"Air contamination." The presence in the outdoor atmosphere of an air contaminant which contributes to any condition of air pollution.
"Air contamination source." Any place, facility or equipment, stationary or mobile, at, from or by reason of which there is emitted into the outdoor atmosphere any air contaminant.
"Air pollution." The presence in the outdoor atmosphere of any form of contaminant, including, but not limited to, the discharging from stacks, chimneys, openings, buildings, structures, open fires, vehicles, processes or any other source of any smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic, hazardous or radioactive substances, waste or any other matter in such place, manner or concentration inimical or which may be inimical to the public health, safety or welfare or which is or may be injurious to human, plant or animal life or to property or which unreasonably interferes with the comfortable enjoyment of life or property.

 (6 amended July 9, 1992, P.L.460, No.95)
   Section 6.1. Plan Approvals and Permits.--(a) No person shall construct, assemble, install or modify any stationary air contamination source, or install thereon any air pollution control equipment or device unless such person has applied to and received written plan approval from the department to do so: Provided, however, That no such written approval shall be necessary with respect to normal routine maintenance operations, nor to any such source, equipment or device used solely for the supplying of heat or hot water to one structure intended as a one-family or two-family dwelling, nor where construction, assembly, installation or modification is specifically authorized by the rules or regulations of the department to be conducted without written approval. All applications for approval shall be made in writing and shall be on such forms and contain such information as the department shall prescribe and shall have appended thereto detailed plans and specifications related to the proposed installation.

(b)
 (1) No person shall operate any stationary air contamination source unless the department shall have issued to such person a permit to operate such source under the provisions of this section in response to a written application for a permit submitted on forms and containing such information as the department may prescribe or where construction, assembly, installation or modification is specifically authorized by the rules or regulations of the department to be conducted without written approval. The department shall provide public notice and the right to comment on all permits prior to issuance or denial and may hold public hearings concerning any permit.

(2)
 A permit may be issued after the effective date of this amendment to any applicant for a stationary air contamination source requiring construction, assembly, installation or modification where the requirements of subsection (a) of this section have been met and there has been performed upon such source a test operation or evaluation which shall satisfy the department that the air contamination source will not discharge into the outdoor atmosphere any air contaminants at a rate in excess of that permitted by applicable regulation of the board, or in violation of any performance or emission standard or other requirement established by the Environmental Protection Agency or the department for such source, and which will not cause air pollution. [this section indicates that we should expect Hawbaker to emit pollution at the levels permitted by the DEP]

 


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Barkeyville, Pennsylvania; Barkeyville Borough; Barkeyville Boro; Venango County; Irwin Township; Harrisville, Pennsylvania