All terminology used in this chapter not defined below shall be in conformance
with applicable publications of the American National Standards Institute
(ANSI) or its successor body.
As used in this chapter, the following terms shall have the meanings
indicated:
AFFECTED PERSON
Any person who has registered a noise complaint that he or she is
a receptor of noise on a protected property category, and said affected person
has an interest in the protected property category as an owner, tenant, or
employee.
AGRICULTURAL ACTIVITIES
Those activities performed on farmlands in order to cultivate soil,
produce crops, or raise livestock. In addition, activities associated with
the growing, producing, processing, or selling of farm-related products, as
long as those activities are conducted on farmlands, would be considered agricultural
activities.
A-WEIGHTED SOUND LEVEL
The sound level in decibels, reported as measured by a sound level
measuring instrument having an "A" weighting network which discriminates against
the lower frequencies according to a relationship approximating the auditory
sensitivity of the human ear. The level so read is designated dB(A) or dBA.
COMMERCIAL FACILITY
Any premises, property or facility involving traffic in goods or
furnishing of services for sale or profit, whether conforming or nonconforming,
including, but not limited to:
A.Â
Banking and other financial institutions;
C.Â
Establishments for providing retail services;
D.Â
Establishments for providing wholesale services;
E.Â
Establishments for recreation and entertainment;
I.Â
Establishments providing living accommodations which exceed six dwelling
units, including, but not limited to, apartments, co-ops, hotels, motels,
and dormitories, when they are the source of the sound that is being investigated
and the source of sound is a heating, air-conditioning or pool filter unit
or system; and
J.Â
Any facility of a similar nature as those listed above.
COMMUNITY SERVICE FACILITY
Any nonresidential facility used to provide services to the public,
including, but not limited to:
A.Â
Club meeting halls, offices and facilities;
B.Â
Organization offices and facilities;
C.Â
Facilities for the support and practice of religion;
D.Â
Public, private and parochial schools; and
CONSTRUCTION
Any site preparation, assembly, erection, substantial repair, alteration,
or similar action, including demolition of buildings or structures.
dBA
The abbreviation designating the unit of sound level as measured
by a sound level meter using A-weighting.
DECIBEL (dB)
The practical unit of measurement for sound pressure level; the number
of decibels of a measured sound is equal to 20 times the logarithm to the
base 10 of the ratio of the sound pressure of the measured sound to the sound
pressure of a standard sound (20 micropascals); abbreviated "dB."
DEMOLITION
Any dismantling, intentional destruction or removal of structures,
buildings, utilities, or public or private right-of-way surfaces.
EMERGENCY
Any unexpected occurrence or situation resulting from natural or
unnatural causes which endangers or has the potential to endanger the health,
safety or resources of citizens or a municipality, and, as such, necessitates
prompt action and response on the part of emergency services personnel.
EMERGENCY SERVICES PERSONNEL
Those people who are trained or designated to respond to an emergency,
as defined in this section, or who actually participate in activities normally
associated with a response to an emergency.
EMERGENCY WORK
Work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency, including
any work or action necessary to deliver essential public services not limited
to: repairing water, gas, electricity, telephone, sewer facilities, or public
transportation facilities, removing fallen trees on public rights-of-way or
abating life-threatening conditions.
FACILITY
Land and/or buildings used for commercial or industrial operations
which produce the sound under investigation.
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with an abrupt
onset and rapid decay. Examples of sources of impulsive sound include explosions,
drop forge impacts, and the discharge of firearms.
INDUSTRIAL FACILITY
Any activity and its related premises, property, facilities and equipment
involving the fabrication, manufacture, warehousing, or production of durable
or nondurable goods.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal power
on land.
MULTI-DWELLING-UNIT BUILDING
Any building comprising two or more dwelling units, including, but
not limited to, apartments, condominiums, co-ops, multiple-family houses,
townhouses, and attached residences.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one category
of activity. Examples include, but are not limited to:
A.Â
A commercial, residential, industrial or public service property having
boilers, incinerators, elevators, automatic garage doors, air conditioners,
laundry rooms, utility provisions, or health and recreational facilities,
or other similar devices or areas, either in the interior or on the exterior
of the building, which may be a source of elevated sound levels at another
category on the same distinct parcel of land; or
B.Â
A building which is both commercial (usually on the ground floor) and
residential property located above, behind, below or adjacent.
NEIGHBORHOOD RESIDUAL SOUND LEVEL
That measured value which represents the summation of the sound from
all of the discrete sources affecting a given site at a given time, exclusive
of extraneous and transient sounds and the sound from the source of interest.
NOISE
Any sound which is plainly audible to humans.
NOISE CONTROL OFFICER (NCO)
The Chief of Police for Lower Frederick Township and his officers,
and the Zoning Officer and the Building Inspector.
NOISE DISTURBANCE
B.Â
Any sound which:
(1)Â
Endangers the safety or health of the residents of Lower Frederick Township;
or
(2)Â
Is plainly audible to a reasonable person of normal sensitivities in
a proscribed place, time or manner; or
(3)Â
Endangers or injures personal or real property.
C.Â
Any sound that equals or exceeds the levels at particular locations
as set forth in this chapter.
NOISE-SENSITIVE ZONE
Any area designated pursuant to §Â
95-7E of this chapter for the purpose of ensuring exceptional quiet.
PERSON
Any individual, public or private corporation, political subdivision,
governmental agency, department or bureau of the state, municipality, industry,
or association, including condominium or co-op associations, limited liability
corporations, and partnerships and limited liability partnerships.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her unaided
hearing faculties. As an example, if the sound source under investigation
is a portable or personal vehicular sound amplification or reproduction device,
the noise control officer need not determine the title of a song, specific
words, or the artist performing the song. The detection of the rhythmic base
component of the music is sufficient to constitute a plainly audible sound.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or
easement that is owned, leased, or controlled by a nongovernmental entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk or alley or similar
place which is owned or controlled by a governmental entity.
PUBLIC SERVICE FACILITY
Any facility and its related premises, property, or equipment used
to provide governmental services to the public, including, but not limited
to:
B.Â
Offices and buildings of agencies or instrumentalities of government;
C.Â
Waste collection centers;
D.Â
Waste recycling centers; and
E.Â
Water and sewage facilities.
PUBLIC SPACE
Any real property or structures thereon that are owned or controlled
by a governmental entity.
PURE TONE
Any sound which can be distinctly heard as a single pitch or a set
of single pitches. For the purposes of this chapter, a pure tone may be perceived
as a whine, hum, squeal, or buzz. Such sound sources include, but are not
limited to, heating, ventilating or air-conditioning units; refrigeration
units; and transformers.
REAL PROPERTY BOUNDARY
Either:
A.Â
The imaginary line including its vertical extension that separates one
parcel of real property from another;
B.Â
The vertical and horizontal boundaries of a dwelling unit that is part
of a multi-dwelling-unit building; or
C.Â
On a multi-use property, the interface between the two portions of the
property on which different categories of activity are being performed (e.g.,
if the multi-use property is a building which is residential upstairs and
commercial downstairs, then the real property line would be the interface
between the residential area and the commercial area).
RESIDENTIAL PROPERTY
Property used for human habitation, unless the habitation is a condition
of employment, including, but not limited to:
A.Â
Private property used for human habitation;
B.Â
Commercial living accommodations and commercial property used for human
habitation;
C.Â
Recreational and entertainment property used for human habitation;
D.Â
Community service property used for human habitation.
SOUND
An oscillation in pressure, particle displacement, particle velocity
or other physical parameter, in a medium with internal forces that causes
compression and rarefaction of that medium. The description of sound may include
any characteristic of such sound, including duration, intensity and frequency.
SOUND LEVEL
The sound pressure level measured in decibels with a sound level
meter set for A-weighting, as specified in the American National Standards
Institute specifications for sound level meters (ANSI S1.4-1971), or the latest
approved revision thereof; sound level is expressed in terms of dBA.
SOUND LEVEL METER
A device which is used to measure sound pressure level, sound level,
octave band sound pressure level, or peak sound pressure level, separately
or in any combinations thereof.
SOUND PRESSURE
The instantaneous difference between the actual pressure and the
average or barometric pressure of a given point in space, as produced by sound
energy.
SOUND PRESSURE LEVEL
The level of a sound measured in dB units with a sound level meter
which has a uniform ("flat") response over the band of frequencies measured.
SOUND SOURCE
Any person, animal, device, operation, process, activity, or phenomenon
which emits or causes sound.
STATIONARY EMERGENCY SIGNALING DEVICE
Any device, excluding those attached to motor vehicles, used to alert
local persons engaged in local emergency operations. These include, but are
not limited to, fire fighters, first aid squad members, and law enforcement
officers, whether paid or volunteer.
TOTAL SOUND LEVEL
The measured level which represents the summation of the sounds from
all of the sound sources affecting a given place at a given time.
WEEKDAY
Any day that is not a federal holiday, and beginning on Monday at
7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKENDS
The time period beginning on Friday at 6:00 p.m. and ending on the
following Monday at 7:00 a.m.
WIND SCREEN
A device recommended by the manufacturer as a microphone cover to
reduce the effect of wind.