[See also Chapter 5, Part 2, Property Maintenance Code]
[Ord. 2011-3, 9/6/2011]
The Board of Supervisors of the Township of Londonderry, finding
that excess levels of sound from Pennsylvania Liquor Control Board
licensed facilities are detrimental to the physical, mental and social
well-being of the citizens as well as to their comfort, living conditions,
general welfare and safety, and being therefore a public harm and
welfare hazard, hereby declares it to be necessary to provide for
greater control and more-effective regulation of excessive sound from
the sources of excessive sound within the Township of Londonderry
specifically related to Pennsylvania Liquor Control Board licensed
facilities.
[Ord. 2011-3, 9/6/2011]
This Part 1 shall be known as the "Londonderry Township Noise
Control Ordinance."
[Ord. 2011-3, 9/6/2011]
The following words, terms and phrases, when used in this Part 1, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
The sound-pressure level, in decibels, as measured on a sound-level
meter using the A-weighting network. The level so read is designated
"dB(A)."
A unit for measuring the sound-pressure level, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans or is plainly audible across boundary lines.
Any sound which endangers or injures the safety or health
of humans or animals; annoys or disturbs a reasonable person of normal
sensitivities; and/or endangers or injures personal or real property,
that is in excess of the sound levels for a Pennsylvania Liquor Control
Board licensed facility established in § 105 for Pennsylvania
Liquor Control Board licensed facilities.
The Pennsylvania Liquor Control Board, a Pennsylvania state
agency established by and under the authority of the Commonwealth
of Pennsylvania.
A business licensed by the Pennsylvania Liquor Control Board
to sell alcoholic beverages for consumption on and/or off premises
and regulated by the PLCB.
Any individual, association, limited liability company, partnership
or corporation, and includes any officer, employee, department, agency
or instrumentality of a state or any political subdivision of a state.
Whenever used in any clause prescribing and imposing a penalty, a
person includes the individual members, partners, officers and managers,
or any of them, of partnerships and associations and, as to corporations,
the officers and managers thereof, or any of them.
Any imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separation of properties; and, also, for any two or more buildings
sharing common grounds, the line drawn midway between any two said
buildings. All areas devoted to public right-of-way shall be deemed
to be across the property line. For the purpose of this regulation,
the property line includes all points on a plane formed by projecting
the property line in a manner deemed appropriate by the enforcing
officer.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public right-of-way.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of the medium or the superposition
of such proragated oscillation which evokes an auditory sensation.
The description of sound may include any characteristics of such sound,
including duration, intensity and frequency.
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency-weighting network, such as A, B
or C, as specified in American National Standards Institute specifications
for sound-level meters (ANSI 51.4-1971, or the latest revision thereof).
If the frequency-weighting employed is not indicated, the A-weighting
shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time average, output meter and any applicable
weighting network, used to measure sound-pressure levels, which meets
or exceeds the requirements for a Type I or Type II sound-level meter
as specified in ANSI Specifications S1.4-19071. The manufacturer's
published indication of compliance with such specifications shall
be prima facia evidence of such compliance.
The land use established by Chapter 27, Zoning, of the Code of Ordinances of the Township of Londonderry, and all subsequent amendments.
[Ord. 2011-3, 9/6/2011]
1.
Specific Prohibitions. The following acts and the causing thereof
are declared to be noise disturbances and therefore in violation of
this Part 1:
A.
Radios, television sets, musical instruments and similar devices:
operating, playing or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier,
or high-fidelity equipment, or similar device which produces, reproduces
or amplifies sound, at any time in such a manner as to cause a noise
disturbance across a property line (boundary), between the hours of
12:00 midnight and 8:00 a.m., so as to be plainly audible in excess
of maximum permissible sound levels, across a property line (boundary).
B.
Yelling and shouting: engaging in loud or raucous yelling, shouting,
hooting, whistling or singing between the hours of 12:00 midnight
and 8:00 a.m. or at any time or place in such a manner as to create
a noise disturbance in excess of maximum permissible sound levels.
[Ord. 2011-3, 9/6/2011]
1.
No PLCB-licensed facility shall operate or cause to be operated any
source of sound in such a manner as to create a sound level which
exceeds 67 dB(A) when measured at or across the property line (boundary)
from the noise source. Any sound source, whether stationary or nonstationary,
that produces sound in excess of those levels shall constitute a noise
disturbance.
2.
When Exceeded. The sound level limit of 67 dB(A) shall be exceeded
when any one or more of the following occur:
3.
Ambient Sound. In the event that the background ambient sound levels
in an area of suspected noise disturbance exceed 67 dB(A), the sound
level of the intrusive sound source shall be measured with the ambient
background sound level being substituted for 67 dB(A).
4.
Where Measured. For the purpose of this section, sound shall be measured
at or beyond the property line (boundary) of the property on which
the noise source is located.
5.
Measuring Instrument. All sound measurements shall be made on a sound-level
meter calibrated in the manner required by the manufacturer's specifications.
[Ord. 2011-3, 9/6/2011]
The following sounds are exempted from the provisions of this
Part 1:
1.
Amplified announcements: electronically amplified announcements at
athletic events.
2.
Concerts, etc.: band concerts, block parties, or other performances
or similar activities publicly or privately sponsored and presented
in any public or private space outdoors shall be exempt from the provisions
of this Part 1, provided that:
3.
Fireworks displays presented in any public or private space outdoors
shall be exempt from the provisions of this Part 1, provided that
authorization to hold the function was preapproved by the Board of
Supervisors.
4.
Shooting range and related activities located at the Middletown Hunters
and Anglers facility on Schoolhouse Road.
[Ord. 2011-3, 9/6/2011]
1.
Authority for Enforcement. This Part 1 shall be enforced by the Township
of Londonderry Code Enforcement Department.
2.
Penalties. Any person violating any provision of this Part 1 shall,
upon conviction thereof in a summary proceeding, be sentenced to pay
a fine of not less than $250 nor more than $1,000 for each and every
offense, plus costs and reasonable attorneys' fees, as other fines
and costs are by law collectible, or shall be imprisoned for not more
than 90 days, or both. Each day during which any person violates any
provision of this Part 1 shall constitute a separate offense.
[Ord. No. 2021-06, 4/20/2021]
1.
The Township has determined that certain buildings and structures
may not be able to accommodate communications among police, fire and
emergency medical personnel who may be called to the premises of such
buildings and structures to respond to public safety situations due
to the large size of the building or structure and/or other characteristics
of the construction or design of the building or structure.
2.
The purpose of this Part is to provide minimum standards to ensure
a reasonable degree of reliability for emergency services communications
from within certain buildings and structures located within the Township
to and from county emergency communications centers.
3.
The Township Code Enforcement Officer is authorized and designated
to carry out the responsibilities and duties stated herein.
[Ord. No. 2021-06, 4/20/2021]
1.
General. If a term is not defined by this Part, but is defined by the Zoning Ordinance (Chapter 27), the provision of that ordinance shall apply to this Part.
2.
ADEQUATE RADIO COVERAGE
BASEMENT
EMERGENCY COMMUNICATIONS SYSTEM ("ECS")
MINIMAL SIGNAL STRENGTH
NEMA
OCCUPANT LOAD
SUBBASEMENT
Specific Terms. The following words, terms, and phrases, when used
in this Part, shall have the following meanings ascribed to them unless
the context clearly indicates otherwise:
A minimum signal strength available in 95% of the area of
each floor of the building or structure to enable two-way portable
radio transmissions when transmitted to the closest emergency communications
system utilizing the 700/800 MHz, VHF, UHF R1 and UHF R2, or other
frequency band/range as approved by the emergency communications system.
A story partly underground but having 1/2 or more of its
height above the average level of the adjoining ground.
Dauphin County Department of Public Safety Radio System and
the Pennsylvania State Police Radio System utilized to dispatch and
allow communications between police, fire and emergency medical personnel.
The minimum inbound signal strength of -95 dBm (milliwats)
or as set forth by the Dauphin County Department of Public Safety
for its emergency communications system, sufficient to provide usable
voice communications throughout the coverage area. The inbound signal
level shall be sufficient to provide not less than a Delivered Audio
Quality (DAQ) of 3.4 or an equivalent signal-to-interference-plus-noise
ratio (SINR) applicable to the technology for either analog or digital
signals.
The National Electrical Manufacturer Association.
The total number of people who may occupy a building or portion
thereof at any one time.
A floor or floors below a basement.
[Ord. No. 2021-06, 4/20/2021]
1.
The provisions of this Part apply to any new building permits that
are issued on or after the effective date of this Part for the following:
A.
New buildings equal to or greater than 32,000 square feet;
B.
Existing buildings equal to or greater than 32,000 square feet when
modifications, alterations or repairs made within any twelve-month
period exceed 50% of the value of the existing buildings;
C.
Existing buildings equal to or greater than 32,000 square feet when
the usable floor area is expanded or enlarged by more than 50%;
D.
All buildings with basements or subbasements where the occupant load
is greater than 50, regardless of the occupancy;
E.
Hospitals;
F.
Nursing or convalescent homes;
G.
Schools;
H.
Buildings with high concentrations of steel, machinery or concrete;
I.
Any building or structure where it is determined by the Township
or Fire Code Official that a radio coverage system is required.
[Ord. No. 2021-06, 4/20/2021]
1.
No person shall erect, construct or modify any building or structure
or any part thereof, or cause the same to be done, which fails to
support adequate radio coverage and minimal signal strength for firefighters,
police officers and emergency medical personnel. Inadequate radio
coverage or signal strength shall be deemed to render such buildings
or structures or any parts thereof unsafe.
2.
If it is determined that the characteristics of buildings and structures identified in § 203, Applicability, of Chapter 10, Health and Safety, are such that the buildings or structures do not allow adequate radio coverage and minimal signal strength, the owner(s) and/or building contractor shall install FCC-certified bidirectional amplifier(s) in or on the building or structure to remedy the communications problem and reach the coverage criteria set forth in this Part.
3.
When buildings and structures are required to provide amplification
systems to achieve adequate radio coverage and minimal signal strength,
they shall be capable of operating on an independent battery and/or
generator system for a period of at least 12 hours without external
power input. The battery system shall automatically charge in the
presence of external power input. There shall be no connectivity between
the amplification system and fire alarm system.
4.
Generator systems used to provide secondary power for a fire alarm
system or an amplification system shall comply with NFPA 70 and NFPA
100 standards for emergency and standby power systems and the installation
of such systems.
5.
Any bidirectional amplifier unit shall be enclosed in a cabinet with
suitable access for servicing the unit. If installed in outdoor or
unprotected locations, the cabinet shall be weatherproof stainless
steel meeting NEMA standards for weatherproof installations.
6.
The bidirectional amplifier unit shall be installed in a secured
environment to prevent tampering. This requirement may be met by the
use of a lock on the cabinet or by installing the unit within a secured
room.
7.
Only authorized radio communications technicians are permitted to
make adjustments to amplification systems and associated equipment.
8.
Firefighters, police officers and emergency medical personnel shall
have access to the equipment at all times. A Knox-Box® is required for any building or structure which
is required to have radio amplification equipment under this Part.
[Ord. No. 2021-06, 4/20/2021]
1.
The minimum qualifications of the system designer and lead installation
personnel shall include both of the following:
A.
A valid FCC-issued general radio operators license.
B.
Certification of in-building system training issued by a nationally
recognized organization or school or certificate issued by the manufacturer
of the equipment being installed.
C.
The aforementioned qualifications shall not be required if demonstration
of adequate skills and experience satisfactory to the Township or
Fire Code Official is provided.
2.
Personnel conducting radio system tests to determine if a building
or structure allows for adequate radio coverage and minimal signal
strength shall be qualified to perform the work. All tests shall be
documented and signed by a person in possession of a current technician
certification/license. All test records shall be retained on the inspected
premises by the building owner and a copy submitted to the Township.
3.
Testing Procedures.
A.
Upon completion of construction of a new or existing building or structure identified in § 203 of Chapter 10, Health and Safety, and at such time as the commercial structure shall become fully operational, it will be the building owner's responsibility to have the communication system tested to ensure adequate radio coverage and minimal signal strength on each floor of the building or structure. Said test will be conducted within 30 days of issuance of a certificate of use permit from the Township. For multitenant buildings, this test shall be conducted within 30 days of the occupancy of 50% of the total building area or at such time as deemed necessary by the Township.
B.
Each floor of the building shall be divided into a grid of 12 equal
areas. A maximum of two nonadjacent areas will be allowed to fail
the test. In the event that three of the areas fail the test, in order
to be more statistically accurate, the floor may be divided into 24
equal areas. A maximum of four nonadjacent areas will be allowed to
fail the test.
C.
After the second area test, if the building continues to fail, it
will be the building owner's responsibility to have an amplification
system installed and tested to meet the adequate radio coverage and
minimal signal strength requirements.
D.
The test shall be conducted using public safety portable radio, or
equivalent portable radios, talking through the ECS. A spot located
approximately in the center of a grid area will be selected for the
test, then the radio will be keyed to verify two-way communications
to and from the outside of the building through the ECS. Once the
spot has been selected, prospecting for a better spot within the grid
area will not be permitted.
E.
If the newly constructed building fails the test, it will be the
building owner's responsibility to bring the building or structure
into compliance with this Part at the owner's sole expense within
90 days from the date such work is contracted and within 90 days of
the date of the determination of noncompliance of the building or
structure with this Part.
F.
The gain values of all amplifiers shall be measured and the test
measurement results shall be kept on file with the building owner
so that the measurements can be verified each year during the annual
tests. In the event that the measurement results become lost, the
building owner will be required to rerun the acceptance test to reestablish
the gain values.
G.
Compliance with the provisions of this section shall be a condition
on the certificate of use permit issued by the Township. Failure to
comply with these provisions shall result in the suspension of a certificate
of use permit from the Township.
4.
Annual Tests.
A.
When an in-building radio system is required, it shall be the building
owner's responsibility to have all active components of the system,
such as amplifiers, power supplies and backup batteries, tested to
a minimum of once every 12 months. The annual test results shall be
supplied to the Township within 18 months next following the original
technical certification.
B.
Amplifiers shall be tested to ensure that the gain is the same as
it was upon initial installation and acceptance. Backup amplifiers
shall be tested to ensure that the gain is the same as it was upon
initial installation and acceptance.
C.
Backup batteries and power supplies shall be tested under load of
a period of one hour to verify that they will properly operate during
an actual power outage. If within the one-hour test period, and in
the opinion of the testing technician, the battery exhibits symptoms
of failure, the test shall be extended for additional one-hour periods
until the integrity of the battery can be determined.
D.
All other active components shall be checked to determine that they
are operating within the manufacturer(s) specifications for the intended
purpose.
[Ord. No. 2021-06, 4/20/2021]
1.
The Township has determined that the construction and maintenance
of any building or structure, or part thereof, that interferes with
ECS and public safety personnel's ability to communicate with
such system constitutes a nuisance, per se, because it threatens the
health, safety and welfare of the residents and visitors to Londonderry
Township. In addition to any other remedies or enforcement procedures
provided herein, the Township may seek an injunction to restrain such
a nuisance.
2.
To the extent that the Township determines that bidirectional amplifiers must be installed in a building in accordance with this Part, the Township shall give notice to the owner(s) of such buildings to install the required bidirectional amplifier. In the event the owner fails to install the required amplifier that meets the requirements of § 205 of Chapter 10, within 30 days from the date of said notice, the Township shall bring an enforcement action before the District Judge.
3.
If any required bidirectional amplifier becomes inadequate or inoperative
thus affecting the safety of a building, structure or the occupants
therein, the Township shall order the system, unit or device to be
repaired or upgraded as necessary and returned to service within 30
days. It shall be the responsibility of the building owner to make
repairs, alterations or additions to maintain operability of the system.
4.
Any person who violates any provision of this Part shall be subject
to a fine not to exceed $1,000, plus costs of prosecution, including
attorneys' fees incurred by the Township. Each day that the violation
of any provision of this Part continues shall be a separate violation
unless it is determined that a good-faith basis existed for the violation,
in which case there shall be deemed only one violation until the fifth
day following the violation. Thereafter, each day shall constitute
a separate violation.
5.
Should any person refuse, neglect or fail to comply with any provision
of this Part or with any notice given in conformity with or pursuant
to the provisions hereof, the Township may cause the system, unit
or device to be repaired or upgraded as necessary at the owner's
sole expense. The cost and expense thereof shall be certified to the
Township Solicitor, who shall enter the same as a lien against the
property and shall proceed to collect the same in like manner as other
municipal claims are by law collectible.
