As used in this chapter, the following terms shall have the
meanings indicated:
ALLEY
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
ARTERIAL
Arterials bring traffic to and from the expressway and serve
major movements of traffic within or through the areas not served
by expressways. They serve primarily to move traffic, but also perform
a secondary function of land service. The average length of trip normally
exceeds three miles.
CARTWAY
That portion of the street right-of-way surfaced for vehicular
use. Width is determined from face of curb to face of curb or from
one edge of driving surface to the other edge of driving surface.
COLLECTOR
This class of road serves the internal traffic movement within
the Township and connects developed areas with the arterial system.
They do not accommodate long, through trips and are not continuous
for any appreciable length. The principal difference between collector
and arterial roads is the length of trip accommodated. The collector
system is intended to simultaneously supply abutting property with
the same degree of land service as a minor street and accommodate
local internal traffic movements.
CUL-DE-SAC
A minor street with one end open to traffic and pedestrian
access and permanently terminated by a vehicular turnaround.
DAY-NIGHT LEVEL, Leq
The day-night level is the average A-weighted sound level
with a 10 dB penalty added to nighttime (10:00 p.m. to 7:00 a.m.)
sound levels to account for more noise-sensitive activities during
that period.
DECIBEL (dB)
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of the sound pressure of the source
to the pressure of an arbitrarily chosen reference pressure, 2x10
Pa; the ratio is expressed on the decibel scale by multiplying its
base 10 logarithm by 20.
ENFORCEMENT OFFICER
A person appointed by Fairview Township Board of Supervisors
to investigate, inspect and enforce any and all provisions of this
chapter.
EQUIVALENT SOUND LEVEL, Leq
The equivalent sound level is the level in dBA of hypothetical
constant sound which represents the acoustic energy arriving at a
given location over a period of time as the actual sound.
EXCESSIVE NOISE
A.
That sound which is:
(1)
Injurious or which unreasonably interferes with the comfortable
enjoyment of life and property, and
(2)
Annoying to a person of ordinary sensibilities.
B.
Measured noise levels in excess of limits established in this
chapter or those specified in valid permits are declared to be excessive
noise.
EXPRESSWAY
This class of highway facility is devoted entirely to the
task of moving large volumes of traffic and performs little or no
land service function. It is generally characterized by some degree
of access control. Normally, this classification should be reserved
for multilane, divided roads with few, if any, grade intersections.
IMPULSIVE NOISE
Characterized by brief excursions of sound level. The duration
of a single impulse is usually less than one second.
INTERMITTENT NOISE
Any noise whose sound level exceeds the ambient noise levels
at least twice during a period of observation, which is one minute
or more. The period of time during which the level of the noise remains
at an essentially constant value different from that of the ambient
is on the order of one second or more.
MARGINAL ACCESS
A street parallel and adjacent to an arterial or expressway
providing access to abutting properties and control of intersections
with the arterial or expressway.
MINOR
The minor streets' sole function is to provide access
to immediately adjacent land. They normally represent a fairly large
percentage of the total street mileage, but carry a small portion
of the vehicle miles traveled daily.
NIGHTTIME
10:00 p.m. to 7:00 a.m., prevailing time.
NOISE
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
RIGHT-OF-WAY
Any public highway, street or alley accepted by different
levels of government for public use, usually the Board of Supervisors;
all must be recorded in the Office of the Recorder of Deeds, Erie
County, Erie, Pennsylvania.
SOUND PRESSURE LEVEL, A-WEIGHTED (dBA)
The weighted average of the 1/3 octave band sound levels
in the frequency range of human hearing sensitivity which constitutes
a single-number rating and has been found to correlate well with people's
subjective assessment of the loudness or noisiness of many types of
sound and with hearing-damage risks due to continuous sound.
No use of 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 persons in the Township. Furthermore,
every use of land or structure in any district must observe the following
performance requirements:
A. Fire protection. Fire-protection and -fighting equipment acceptable
to the Board of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
material is carried on.
B. Electric disturbance. No activity shall cause electrical disturbances
adversely affecting radio, television or other communication equipment
in the neighboring area. For the purposes of this chapter, such interference
shall be defined as electromagnetic disturbances which are generated
by the use of electrical equipment other than planned and intentional
sources of electromagnetic energy which interfere with the proper
operation of electromagnetic receptors of quality and proper design.
All intentional sources of electromagnetic energy such as radios,
radar equipment, etc., shall demonstrably comply with appropriate
regulations of the Federal Communications Commission.
C. Noise.
(1) General standards.
(a)
Noise which is determined to be objectionable because of intensity
or frequency shall be muffled or otherwise controlled, except for
fire sirens and related apparatus used solely for public safety purposes.
(b)
No person shall create or allow the creation of any noise; or
operate or cause to be operated any source of sound, on property owned,
leased, occupied or otherwise controlled by such person, which causes
10 minimum Leq (10 minimum Ldn), when measured at or beyond the boundaries of the lot on which
such activities take place, to exceed three dBA above the neighborhood
background 10 minimum Leq (10 minimum Ldn).
(2) Special regulations.
(a)
No person shall create or permit to be created any sound which
can be heard at the residence of any neighbor in any residential district,
as follows:
[1] Any amplified sound and/or any repetitive animal sound raising the
background 10 minimum Leq (10 minimum Ldn) by three dBA or more.
[2] Sound from appliances or equipment raising the background 10 minimum
Leq (10 minimum Ldn)
by three dBA or more except where exempt.
[3] Sound from a party causing an increase of three dBA or more over
the background 30 minimum Leq (30 minimum Ldn).
[4] Sound from any commercial or industrial activity, whether located
in a residential or other district, causing an increase of three dBA
or more over the background 10 minimum Leq,
(10 minimum Ldn).
(b)
Noise control in the industrial districts of the Township shall be in accordance with Chapter
252, Noise, Article
I, Industrial Districts, of the Code of Fairview Township.
[Added 11-7-2012 by Ord.
No. 2012-4]
(3) Vehicles. No person shall operate either a motor vehicle of the type
subject to registration, except police, fire equipment, ambulances,
or other government emergency vehicles, at any time or under any condition
in such a manner as to raise the background 30 minimum Leq (30 minimum Ldn) by three dBA
or more based on a distance of 50 feet from subject vehicle unless
such vehicle conforms to the manufacturing standards under which the
particular vehicle was built.
(4) Equipment. No person shall operate any powered equipment or powered
hand tool that produces a three dBA or more 10 minimum Leq, (10 minimum Ldn) to the following
background noise levels at a distance of 50 feet.
Type of Equipment
|
Background Measurement Level
|
---|
Construction and industrial machinery such as crawler-tractors,
dozers, rotary drills and augers, loaders, power shovels, cranes,
derricks, motor graders, paving machines, off-highway trucks, ditchers,
trenchers, compactors, scrappers, pavement breakers, truck loaders,
conveyor belts, stone crushers, compressors and pneumatic power equipment,
but not including pile drivers
|
10 minimum Leq (10 minimum Ldn)
|
Agricultural tractors and equipment
|
10 minimum Leq (10 minimum Ldn)
|
Powered commercial equipment of 2 HP or less intended for infrequent
use in residential areas, such as chain saws, pavement breakers, log
chippers, powered hand tools, etc.
|
10 minimum Leq (10 minimum Ldn)
|
Powered equipment intended for repetitive use in residential
areas such as lawn mowers, small lawn and garden tools, riding tractors,
snow removal equipment, etc.
|
10 minimum Leq (10 minimum Ldn)
|
(5) Exemptions. Noise emitted from the following sources shall be exempt
from the noise standards specified herein:
(a)
All safety signals and warning devices (e.g., intrusion alarms,
back-up alarms on trucks); authorized vehicles when responding to
emergencies (e.g., police, fire, ambulance sirens or any other device
used to alert persons to an emergency or used during the conduct of
emergency work).
(b)
The provision, repair and maintenance of municipal services
or public utilities.
(c)
Bells, chimes and carillons used for religious purposes or in
conjunction with national celebrations or public holidays; existing
bells, chimes and carillons that are currently in use for any purpose.
(d)
Appliances, lawn and garden equipment, snow-removal equipment
and household power tools in use between the hours of 7:00 a.m. and
10:00 p.m., provided such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified, and in proper operating condition.
[Amended 11-7-2012 by Ord. No. 2012-4]
(e)
Heavy construction equipment when being used for a relatively
short period of time on a specific short term project (such as construction
of a building; constructing, repairing or cleaning a road; drilling
a well; and other similar short-term, specific, construction, demolition
or repair projects) in use between the hours of 7:00 a.m. and 10:00
p.m. for the duration of such short-term, specific project, provided
such heavy construction equipment is operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
[Amended 11-7-2012 by Ord. No. 2012-4]
(f)
Air conditioners, fans, heating units and similar comfort devices,
provided such are operated within the manufacturer's specifications.
(g)
Airplanes, helicopters, and normal activities of properly licensed
airports.
(h)
Musical, recreational and athletic events conducted by or permitted
by schools or local government.
(i)
Other activities granted by construction permits.
(6) Miscellaneous. Sound level measurements shall be made by equipment
which meets the precision standards of IEC 179/1973 or revisions thereof
for precision sound level meters. Octave filters must satisfy the
requirements of ANSI § 1.11-1966 and IEC Recommendation
255 or revisions thereof. Equipment must be calibrated immediately
before and immediately after a measurement is taken. Calibration equipment
must meet the standards of IEC 942 or revisions thereof.
D. Smoke. The maximum amount of smoke emissions permitted shall be determined
by the use of the Standard Ringlemann Chart issued by the United States
Bureau of Mines. No smoke darker than No. 2 will be allowed.
E. Odors. In any district, except the industrial districts, no malodorous
gas or matter shall be permitted which is discernible on any adjoining
lot or property.
F. 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.
G. Glare. Lighting devices which produce objectionable direct or reflected
glare on adjoining properties, streets, rights-of-way, alleys, cartways,
or culs-de-sac shall not be permitted.
H. Erosion. No erosion by wind or water shall be permitted which carry
objectionable substances onto neighboring properties.
I. Water pollution. The discharge of all wastewater and/or substance
into any watershed shall be in accordance with the standards of the
Pennsylvania Department of Environmental Protection and/or Fairview
Township and comply with any and all applicable regulations of the
United States. Surface water discharge shall be acceptable under the
provision of Pennsylvania Act 537, and other state and Township regulations as the same may
be amended from time to time.
J. Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible, without the aid of instruments, at
or at any point beyond the lot line.
K. Radioactive material. Any use or handling of radioactive material
shall comply with all regulations of the Atomic Energy Commission
(U.S.) and any applicable regulations of the Pennsylvania Department
of Environmental Protection. The developer shall clearly demonstrate
compliance with such regulations.
L. Hazardous material. Any use or handling of hazardous material shall
comply with all regulations of the Environmental Protection Agency
(U.S.) and any applicable regulations of the Pennsylvania Department
of Environmental Protection. The developer shall clearly demonstrate
compliance with such regulations.
The interpretation and application of the provisions of this
chapter shall be held to be the minimum requirement for the promotion
of the health, safety and general welfare of Fairview Township. This
chapter is not intended to interfere with or abrogate or annul other
rules, regulations or ordinances of the municipality provided that
where this chapter imposes a greater restriction upon the use of a
building or premises or upon the height of a building or requires
larger open spaces than are imposed by other such rules, regulations
or ordinances, the provisions of this chapter shall prevail.
In case of any violation of this chapter or prior laws, the
Township Enforcement Officer, with the approval of the Board of Supervisors,
in addition to other remedies, may institute in the name of the Township
any appropriate action or proceeding to prevent, restrain, correct
or abate such violation, structure or land, or to prevent in or about
such premises any act, conduct or use constituting a violation.