[HISTORY: Adopted by the Board of Supervisors
of the Township of Union 7-18-2005 by Ord. No. 2005-1. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
Noise is characterized as unwanted sound. Excessive
noise can be a serious threat to the comfort, convenience, health,
safety, welfare, and overall quality of life of the citizens of Union
Township, Berks County, Pennsylvania. It is the intent of this chapter
to establish requirements and criteria to prevent excessive noise
that may jeopardize the health and welfare of its citizens or degrade
their quality of life. Therefore, it intends hereby to prohibit all
excessive and unreasonable noise from all sources subject to its police
power in order to preserve, protect, and promote health, safety, welfare
and the peace, quiet and comfort of the citizens within Union Township
limits. This chapter is enacted pursuant to the general powers of
the Board of Supervisors, contained in the Second Class Township Code,
53 P.S. § 66506, and associated enforcement provisions related
to noise pollution, 53 P.S. § 66601(c.1)(2).
As used in this chapter, the following terms
shall have the meanings indicated:
The total noise level in a given acoustical environment.
Ambient noise is usually a composite of sounds near and far.
The typical total sound pressure level in a given acoustical
environment, excluding the sound(s) of interest/concern.
Any property receiving noise where the receiving property
is located within the Village Commercial Zoning District or the Highway
Commercial Zoning District or such successor districts as shall be
utilized by the Township of Union on future zoning maps.
A unit of measure of the sound pressure level at a specific
location.
The symbol designation of a noise level, reported in decibels,
using the A-weighted network of a sound level meter, as defined by
ANSI S1.4, Specification for Sound Level Meters.
Any work necessary to deliver essential services, including
but not limited to fire suppression and related services, medical
care and related services, emergency management services, repairing
gas, water, electric, telephone, sewer facilities, or public transportation
facilities, removing fallen trees from public rights-of-way, or abating
life-threatening conditions.
A sound having a duration of less than one second with rapid
onset and decay rates.
Any property receiving noise where the receiving property
is located within the Light Industrial Zoning District or Heavy Industrial
Zoning District or such successor districts as shall be utilized by
the Township of Union on future zoning maps.
The steady-state, equivalent noise level over a given one-hour
period of time that would have the same acoustical energy as the actual
varying noise level over that same time period.
Any vehicle propelled or drawn on land by an engine or motor
used for power.
A device for abating the sound of escaping gases of an internal
combustion engine or motor.
Characterized as unwanted sound. Any sound that annoys or
disturbs humans or causes or tends to cause an adverse psychological
or physiological effect on humans.
Any street, highway, road, sidewalk, avenue, alley, or boulevard
which is leased, owned or controlled by a governmental entity.
Any individual or a business or governmental entity.
The real or imaginary line and its vertical extension which
separates real property owned or controlled by one person from that
which is owned or controlled by another person.
The future noise level associated with a proposed subdivision,
land development, facility/land use, derived by noise monitoring,
noise modeling, and/or other mathematical computation.
Any property where the receiving property is located within
the Agricultural Preservation Zoning District, Rural Conservation
Zoning District, Low Density Residential Zoning District, or Medium
Density Residential Zoning District, or such successor district as
shall be utilized by the Township of Union on future zoning maps.
The instantaneous sound pressure level measure in decibels
with a sound level meter set for A-weighting on slow response speed,
unless otherwise noted.
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighting networks, used for measurement of sound
pressure levels conforming to Type 1 or Type 2 standards as specified
in ANSI Standard S1.4, Specifications of Sound Level Meters, 1983
(R1990), or the latest version thereof.
The Township of Union, Berks County, Pennsylvania acting
by and through its Board of Supervisors or its authorized designees.
The following is a three-tiered sound level
limitation noise criteria to be followed when evaluating noise levels
within Union Township:
A.
Maximum allowable noise increase. No person shall
allow, cause, transmit, or propose the operation of any sound source
on a particular property, zoning district, public right-of-way, or
public space in such a manner as to create a sound level that exceeds
average hourly equivalent A-weighted [Leq(h)] background sound levels
by 10 dBA or greater during daytime (6:30 a.m. until 10:00 p.m.) hours
and by five dBA or greater during nighttime (10:00 p.m. until 6:30
a.m.) hours, when measured at or within the property line of the receiving
property. Such a sound level increase would constitute a noise disturbance
and a violation of this chapter.
B.
Maximum permissible noise level. Additionally, noise
levels from existing and/or proposed facilities may not exceed the
absolute noise level limitations identified in Table 1. Sound levels
at or above those shown in Table 1 would constitute a noise disturbance
and a violation of this chapter.
|
Table 1
Maximum Permissible 1-Hour Leq(h)
| |||
|---|---|---|---|
|
Receiving Property
| |||
|
Residential
|
Commercial/Industrial
| ||
|
6:30 a.m. - 10:00 p.m.
|
10:00 p.m. - 6:30 a.m.
|
All times
| |
|
60 dBA
|
55 dBA
|
65 dBA
| |
C.
Impulsive sounds. Impulsive sounds are sounds that
last for short durations, (usually less than one second), with an
abrupt onset and a rapid decay. Some examples would include explosions
from mining operations, the discharge of firearms, discharge of fireworks,
test revving of engines or motors, or other sounds of a similar nature.
Sounds of this nature may not equal or exceed a maximum noise level
(Lmax) of 80 dBA, when measured at or within the property line of
the receiving property. Impulsive sounds at or above 80 dBA (Lmax)
would constitute a noise disturbance and a violation of this chapter.
Note: Noise measurements, estimates, and/or
predictions should be performed to represent worst-case conditions
or noise hour(s). As such, it may be necessary to evaluate the fluctuations
in noise over a typical twenty-four-hour day, and identify those periods/hours
that would have the greatest potential for noise levels or noise level
increases (between existing to future conditions).
In addition to the violations of noise level
limitations set forth above, the following items and the causes thereof
are declared to be in violation of this Noise Ordinance and constitute
a noise disturbance if the use or activity occurs between the hours
of 10:00 p.m. and 6:30 a.m., and causes sound that annoys or disturbs
a reasonable person of normal sensibilities on a residential receiving
property:
A.
The use of any sound amplification or reproduction
device outside a structure either on private property, public right-of-way,
or public space;
B.
The operation of any sound amplification or reproduction
device in a vehicle;
C.
The operation of a motor vehicle without an adequate
muffler or exhaust system to prevent any unreasonable noise;
D.
The use and operation of any lawn maintenance device,
including lawn mowers, edgers, leaf blowers, trimmers, as well as
other similar equipment such as snow blowers;
E.
The use of any tools or equipment used in construction,
drilling, earthmoving, excavating, or demolition work;
F.
The repairing, rebuilding or testing of any motor
vehicle, motorcycle, motorboat, or aircraft (with or without mufflers);
G.
The keeping of any animal or bird which causes repeated
noise; provided, however, at the time the animal or bird is making
such noise, no person is trespassing or threatening to trespass upon
the property on which the animal or bird is situate;
H.
Engaging in loud or raucous yelling, hooting, or other
disturbing noise producing conduct;
I.
Discharge of firearms or fireworks.
The following items are to be followed when
performing noise measurements within Union Township:
A.
The measurement of noise levels under this section
shall be performed at points on or within the property line of the
receiving property or boundary of a zoning district if the receiving
property has multiple zoning districts within it.
B.
Sound level meters used to determine compliance with
this section must meet or exceed the specifications of the National
Standards Institute Specifications of Sound Level Meters, ANSI S1.4-1983
(R1990), Type 1 or Type 2. Noise meters shall be set to the A-weighted
scale and set to "slow" response, except for the measurement of impulsive
sounds. Noise measurements related to the evaluation of impulsive
sounds shall be set to "fast" response.
C.
The sound level meter must be "field calibrated" before
and after any noise monitoring session, and noise measurement and
calibration devices must be laboratory calibrated and certified annually
(i.e., at least once per year). A copy of factory/laboratory calibration
documentation should be kept on file and submitted with reports.
D.
No outdoor measurements should be taken:
(1)
During periods when wind speeds (including gusts)
exceed 12 mph;
(2)
Without a windscreen properly attached to the sound
level meter;
(3)
During periods of high humidity, or under any condition
that allows the sound level meter to become wet (rain, snow or condensation);
(4)
When the ambient temperature is out of the range of
tolerance of the sound level meter.
E.
The report of each measurement location shall include
the following data:
(1)
The date, time and day of the week when the measurements
are performed;
(2)
The times of calibration;
(3)
The weather conditions;
(4)
The identification of all monitoring equipment by
the manufacturer, model number and serial number (and provide factory
calibration certificates);
(5)
The ambient sound level, in dBA, with the noise sources
in question operating;
(6)
The background level, in dBA, without the noise sources
in question;
(7)
A sketch and photos of the measurement site, including
all relevant information pertaining to the test;
F.
Except where impractical, the sound level meter should
be placed at a height of approximately five feet and mounted securely
on a tripod or another acceptable device. The sound level meter should
also be away from walls, barriers, obstructions or other sound-reflective
surfaces as to not interfere with noise measurements.
G.
The monitoring test should last for a period of time
sufficient to ensure that the sounds levels measured are typical of
the noise source (or background conditions) in question. Under no
circumstances should the monitoring test last less than 10 minutes
in duration and may be conducted for as long as 24 hours, depending
on conditions and proposed operations.
H.
Background noise. Noise measurements performed to determine compliance with the noise levels in § 131-3 shall be taken in such a manner as to eliminate or reduce atypical background noises. Extraneous sound sources, such as aircraft flyovers or barking dogs, that are unrelated to measurements (and atypical) should be avoided, as not to increase the monitored noise levels of interest (i.e., background or ambient).
A.
The noise is being generated to request assistance
or warn of a hazardous situation, is part of providing emergency services,
or is part of responding to natural emergencies;
B.
The noise is generated from an authorized warning
alarm or siren, emergency vehicle or a vehicle operated by a gas,
electric, communications or water/sewer utility;
C.
The noise is generated from a bell, chime or similar
device used by a church, mosque, synagogue or a school;
D.
The noise is generated from lawn care and other household
maintenance equipment and tools used between 6:30 a.m. and 10:00 p.m.;
E.
The noise is being generated from construction activities
properly permitted by Union Township between 6:30 a.m. and 10:00 p.m.;
F.
The noise is being generated from the engine of a
motor vehicle on a public highway that is subject to regulation exclusively
by the Pennsylvania Department of Transportation;
G.
Noise generated from community, school or municipality
sponsored or approved celebrations or special events; and
H.
Noise generated from agricultural production activities
involving agricultural animals, equipment, field machinery (used and
maintained in accordance with the manufacturer's specifications).
A.
For subdivision and land development applications
where intensification or change of existing uses on the property are
being proposed by the applicant, the Township may require that noise
impact studies be submitted for review and approval with any preliminary
or final subdivision/land development plan application.
B.
Where public health, safety and welfare are at issue,
the Township may also, through its Board of Supervisors, require that
noise impact studies be submitted with an application for amendment
or change of the Zoning Ordinance or official Zoning Map, building
permit applications or conditional use applications; and through its
Zoning Hearing Board, require that noise impact studies be submitted
for consideration as part of any special exception, variance, or appeal
applications.
A.
Township designees and associated technical advisors
shall be afforded the right to enter the originating and receiving
properties to monitor and investigate compliance with this chapter.
B.
Where property owners cooperate with the Township
designee and associated technical advisors, and corrective action
is deemed to be necessary to comply with the chapter, the Township
may provide an initial informal notification to the originating property
regarding the appropriate remedial action necessary.
A.
Any person who is found to have violated an order
of the Township or who willfully or negligently failed to comply with
the provisions of this chapter and the orders, rules, regulations,
and permits issued hereunder shall be prosecuted by action brought
before a Magisterial district judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. The Municipal Solicitor or the Code Enforcement
Officer may assume charge of the prosecution without the consent of
the District Attorney as required by Pa.R.Crim.P. No. 83 (relating
to trial in summary cases). The Board of Supervisors shall pursue
criminal fines not to exceed $1,000 for the violation of this chapter
and imprisonment to the extent allowed by law for the punishment of
summary offenses. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
B.
The Union Township Board of Supervisors may take any
appropriate action at law or equity, civil or criminal, to enforce
the provisions of this chapter and recover the fees, expenses and
costs associated with enforcement. This chapter shall in no way restrict
any remedies, including but not limited to injunctive remedies, otherwise
available and provided by law.
