[HISTORY: Adopted by the Board of Supervisors
of the Township of South Strabane 11-28-2006 by Ord. No. 6-2006. Amendments noted where applicable.]
This chapter shall be known as the "South Strabane
Township Noise and Dust Ordinance."
This chapter is enacted pursuant to the Second
Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
The purpose of this chapter is to ensure that
public health, safety and welfare shall not be abridged by the making
and creating of noise and dust pollution or of public nuisances from
disturbing, excessive or offensive noises or dust within the Township.
The residents of the Township recognize that uncontrolled noise or
dust represents a danger to the health and welfare of their neighbors,
and that each person in the community is entitled to live in an environment
in which the level of impulsive and amplified noise is minimized for
the community good. The purpose and scope of this chapter is to provide
regulations for the prohibition of offensive noises and excessive
dust. These regulations and prohibitions are intended to protect the
physical, mental and social well-being of the residents of South Strabane.
The Board of Supervisors finds that failure
of individuals, businesses, industries, social gatherings and other
activities to regulate the noise and dust emanating from their premises
constitutes a violation of the peace and enjoyment of the residents
of the Township and a public nuisance. Specifically, such noise and
dust emanating from home occupations, businesses, industries, sound
amplification equipment, radios, electronic sound recording equipment,
vehicles, social gatherings, and other gatherings:
A.
Creates a nuisance in that residents are deprived
of the enjoyment of their homes, disturbed in their sleep, and otherwise
prevented from the quiet enjoyment of their residential premises;
B.
Affects the public welfare by reflecting negatively
on the quality of life in residential areas of the Township;
C.
Disturbs the peace and good order of the Township;
and
D.
Creates noise and dust or air pollution.
A.
All acoustical terminology shall be interpreted in
accordance with that contained in ANSI S1.1, "Acoustical Terminology."
All other words and terms not defined herein shall be used with a
meaning of standard usage.
B.
ANSI
DAYTIME
DECIBEL (dB)
EXCESSIVE NOISE
NIGHTTIME
NOISE
NOISE LEVEL
NOISE POLLUTION
PERIOD OF OBSERVATION
PERSON
SOUND LEVEL
SOUND-LEVEL METER
TOWNSHIP
VEHICLE
The following words and phrases, when used in this
chapter, shall have, unless the context clearly indicates otherwise,
the meanings given to them in this section:
American National Standards Institute, or its successors.
From 7:00 a.m. to 9:00 p.m., prevailing time.
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of sound pressure of the source to
the pressure of an arbitrarily chosen reference pressure; the ratio
is expressed on the decibel scale by multiplying its base 10 logarithm
by 20.
That sound which is:
From 9:00 p.m. to 7:00 a.m., prevailing time.
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
Airborne sound levels expressed in dB and obtained by the
use of specific frequency-dependent weighting networks, as specified
in the referenced standards and indicated by proper notation. If A-weighting
is employed, the sound level is identified as dB(A).
Noise of such loudness and character, from a single source
or from multiple sources, which is or may be predicted with reasonable
certainty to be injurious to health or which unreasonably interferes
with the enjoyment of property or with any lawful business or activity.
Noise/sound-pressure levels exceeding those permitted in any district
shall constitute noise pollution.
The time interval during which acoustical data are obtained.
The period of observation is determined by the characteristics of
the noise being measured and the instrumentation being used. The period
of observation must be at least as long as the response time of the
instrumentation. The greater the variance in individual sound level,
the longer the observation time for a given expected accuracy of measurement.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
Noise level.
An instrument or combination of instruments which meet or
exceed the requirements for an ANSI Type SIA or Type S2A sound-level
meter.
Township of South Strabane, Washington County, Pennsylvania.
Any device or combination of devices used or capable of being
used for transporting persons or property. "Vehicles" include, but
are not necessarily limited to, automobiles, trucks, buses, motorcycles,
motorized bicycles, snowmobiles, scooters, all-terrain vehicles, go-carts,
farm machinery, industrial machinery, highway graders, trailers, graders
and semitrailers.
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 the sound level, when measured in proximity of
the neighboring residence or residence affected by the activity, to
exceed the noise levels specified below:
A.
Eighty-five decibels [dB(A)] between the hours of
7:00 a.m. and 9:00 p.m., prevailing time.
B.
Seventy decibels [dB(A)] between the hours of 9:00
p.m. and 7:00 a.m., prevailing time.
C.
Noise limits.
[Added 6-28-2016 by Ord. No. 2-2016]
(1)
As part of oil- and gas-related activities, an applicant shall establish a continuous seventy-two-hour ambient baseline noise level at the nearest protected structure (see § 245-9, Definitions) lot line or 100 feet from the nearest protected structure (as measured from the closest exterior point of the building), whichever is closer to the protected structure. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. In lieu of establishing the seventy-two-hour ambient baseline noise level, the applicant may assume for the purposes of compliance with this condition a default ambient baseline noise level of 55 dB(A).
(2)
The noise generated from operations measured at the locations described
above shall not exceed the seventy-two-hour ambient baseline noise
level as part of operations by more than 10 decibels. For any operations
exceeding said decibels, applicable sound barrier mechanisms shall
be constructed so that the level of sound resulting from proposed
work does not exceed 10% of the level of sound as recorded for the
existing conditions (pre-construction). Upon the completion of operations,
the sound barrier mechanisms shall be removed.
(3)
If a complaint is received by the Township regarding noise or vibration generated by the operations, the applicant shall, within a reasonable time frame, not to exceed three days, of receipt of the complaint as relayed by the Township, investigate the allegation and, if warranted, indicate to the Township a plan of action, which will include having a certified independent acoustical professional approved by the Township continuously monitor for a forty-eight-hour period at the applicable point of measurement as established in Subsection C(1). If the noise levels set herein were exceeded, the Township may require acoustical blankets, sound walls, mufflers, or other alternative measures to be provided and installed by the applicant to ensure compliance.
No person shall create, cause or allow an unreasonable
amount of dust to be generated from property owned, leased, occupied
or controlled by such person. "Unreasonable" shall mean, but not be
limited to, any amount which causes difficulty in breathing or visibility
or, if measured with proper applicable equipment, constitutes a pollutant
or environmental threat.
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 and backup alarms on trucks) and authorized vehicles when responding
to emergencies (e.g., police, fire, and 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.
D.
Appliances, lawn and garden equipment, chain saws,
snow removal equipment and power tools in use between the hours of
7:00 a.m. (prevailing time) and 9:00 p.m. (prevailing time), provided
such are operated within the manufacturer's specifications and with
all standard noise-reducing equipment in use, unmodified and in proper
operating condition.
E.
Heavy construction equipment when being used on a
specific short-term project (such as constructing a building, constructing,
repairing or cleaning a road, drilling a well, and other similar short,
specific construction, demolition, or repair projects), in use between
the hours of 7:00 a.m. and 9:00 p.m., prevailing time, 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.
F.
Air conditioners, fans, heating units and similar
comfort devices, provided such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
G.
Airplanes, helicopters and normal activities of properly
licensed airports and trains operating on railroads.
H.
Musical, recreational and athletic events conducted
by or permitted by schools, local government, community associations
or village festivals, or events sponsored by nonprofit organizations.
I.
Existing weapons firing ranges during daytime as defined
herein.
J.
All motor vehicles being operated on the public road
within the Township, provided such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper working condition.
K.
Activities permitted by special waiver, as provided
herein, according to the terms and conditions of said waiver.
L.
All farm-related operations and activities.
M.
Any existing legitimate or licensed business, commercial
or industrial operation between the hours of 7:00 a.m. and 9:00 p.m.,
prevailing time, provided any appliances, equipment, machinery or
devices used in such operation are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
A temporary waiver from strict compliance with
the noise standards specified herein may be granted to persons during
emergency circumstances, as determined by the Board of Supervisors,
to permit reasonable time to effect repairs.
It is the policy of the Board of Supervisors
in adopting this chapter not to force any industrial or commercial
enterprises out of business, but rather to work with any industrial
or commercial enterprises to find ways to reduce noise levels to the
levels permitted by this chapter.
The following procedures and penalties are prescribed
for enforcement of this chapter:
A.
Warnings. If it is determined that a violation of
this chapter has occurred, the Township shall, upon written complaint
by the affected person who resides in the Township, issue a written
warning to the person responsible.
B.
Offenses. If it is determined that a violation occurred
or remains after the issuance of a warning, the Township may prosecute
such person causing or permitting said noise level before the Magisterial
District Judge.
C.
Public nuisance. Any emission of noise or dust from
any source in excess of the limitations established herein is hereby
declared to be a public nuisance and may be abated by administrative
or judicial proceedings, fines and penalties herein provided.
D.
Other remedies. Nothing in this chapter shall be construed
to impair any cause of action or legal remedy thereof.
The provisions of this chapter are not intended
to interfere with, abrogate or annul other rules, regulations or ordinances,
including Title 18 (Crimes Code) and Title 75 (Vehicle Code) of the
Pennsylvania Consolidated Statues. If more stringent requirements
concerning noise or dust abatement are contained in other statutes,
rules, regulations or ordinances, the more stringent regulation shall
apply.
