The following words, terms and phrases, when used in this chapter,
shall have the following meanings unless the context wherein they
appear clearly indicates otherwise. All terminology used in this chapter
which is not defined below shall be interpreted in conformity with
the applicable publications of the American National Standards Institute
[ANSI S1.1-1960 (R1971) or its revisions] or its successor body.
A-WEIGHTED SOUND LEVEL
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).
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
DECIBEL (dB)
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
(micronewtons per square meter).
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
EXTRANEOUS SOUND
A sound which is neither part of the neighborhood residual
sound nor comes from the source under investigation.
IMPULSIVE SOUND
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.
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by a motor,
such as, but not limited to, passenger cars, trucks, truck trailers,
semitrailers, campers, go-carts, snowmobiles, amphibious crafts on
land, dune buggies, racing vehicles or motorcycles.
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 annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
NOISE DISTURBANCE
Any sound which:
A.
Endangers or injures the safety of health or humans or animals;
B.
Annoys or disturbs a reasonable person of normal sensitivities;
or
C.
Endangers or injures personal or real property.
PERSON
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state. "Person" includes
the owner or operator of the noise disturbance source, the owner,
tenant or manager of real property from which the noise disturbance
emanates and any other individual responsible for producing the noise
disturbance or allowing such disturbance to occur.
POWERED MODEL VEHICLE
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry persons, including,
but not limited to, any model airplane, boat, car or rocket.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or
controlled by a governmental entity.
PURE TONE
Any sound which can be heard as a single pitch or a string
of single pitches.
REAL PROPERTY
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.
REAL PROPERTY BOUNDARY
Either:
A.
The imaginary line, including its vertical extension, that separates
one parcel of real property from another;
B.
The vertical and horizontal boundaries of a dwelling unit that
is one in a multi-dwelling-unit building; or
C.
The vertical and horizontal boundaries of a dwelling unit or
commercial unit of a mixed residential-business use building.
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 characteristics of such sound, including
duration, intensity and frequency.
SOUND LEVEL
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 S1.4-1971, or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
SOUND LEVEL METER
An instrument used to measure sound level and which conforms
to Type 1 or Type 2 standards as specified in ANSI specification S1.4-1971.
SOUND PRESSURE
The instantaneous difference between the actual pressure
and the average or barometric pressure at 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.
TRANSIENT SOUND
A sound whose level does not remain constant during measurement.
VIBRATION
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
WEEKDAY
Any day, Monday through Friday, which is not a legal holiday.
[Added 2-14-2022 by Ord. No. 806, approved 2-14-2022]
A. Exceptions. The provisions of this chapter shall not apply to:
(1) Emergencies. The emission of sound for the purpose of alerting persons
to the existence of an emergency or from the performance of emergency
work.
(2) Municipal and utility services. The emission of sound resulting from
the repair or replacement of any municipal or utility installation(s)
in or about the public right-of-way.
(3) Places of religious worship. The sounding or permitting the sounding
of any stationary bell or chime used in conjunction with places of
religious worship.
(4) Aircraft and airport operations. Normal aircraft and airport operations.
(5) Interstate railway locomotives and cars. The conduct of interstate
railway transportation.
B. Variances.
(1) The Hearing Board shall have the authority, consistent with this
section, to grant variances which may be requested.
(2) Any person seeking a variance pursuant to this section shall file
an application with the Hearing Board. The application shall contain
information which demonstrates that bringing the sources of sound
or activity for which the special variance is sought into compliance
with this chapter would constitute an unreasonable hardship on the
applicant, on the community or on other persons. The procedure shall
be the same as is otherwise established in the Planning and Zoning
Code for the advertisement, conduct of hearings and notification of
the hearing to neighboring property owners relative to variances.
The fee for such application shall be $300.
(3) In determining whether to grant or deny the application, the Hearing
Board shall balance the hardship to the applicant, the community and
other persons of not granting the variance against the adverse impact
on the health, safety and welfare of persons affected, the adverse
impact on property affected, any other adverse impacts of granting
the variance and the ability of the applicant to apply best practical
noise control measures. Applicants for variances and persons contesting
special variances may be required to submit any information the Hearing
Board may reasonably require. In granting or denying an application,
the Hearing Board shall place with the Borough Manager a copy of the
decision and the reasons for denying or granting the variance.
(4) Variances shall be granted by notice to the applicant containing
all necessary conditions, including a time limit on the permitted
activity. The variance shall not become effective until all conditions
are agreed to by the applicant. Noncompliance with any condition of
the variance shall terminate it and subject the person holding it
to those provisions of this chapter regulating the source of sound
or activity for which the variance was granted. Variances may be granted
for a period of one year. The person obtaining the variance may reapply
for additional variance periods under terms set forth by the applicant
and the Hearing Board.
C. Extension for time to comply.
(1) Any person seeking an extension in time in which to comply with the
provisions of this chapter shall file an application with the Hearing
Board. The application shall contain information which demonstrates
that bringing the source of sound or activity for which the extension
is sought into compliance with this chapter prior to the date requested
in the application would constitute an unreasonable hardship on the
applicant, on the community, or on other persons. The procedure for
the advertisement, conduct of hearings and notification of hearings
to adjoining property owners shall be the same as is otherwise established
in the Planning and Zoning Code relating to variances.
(2) In determining whether to grant or deny the application, the Hearing
Board shall balance the hardship to the applicant, the community and
other persons of not granting the extension in time to comply against
the adverse impact on health, safety and welfare of persons affected,
the adverse impact on property affected and any other adverse impacts
of granting the extension. Applicants for extension(s) in time to
comply and persons contesting extension(s) may be required to submit
any information the Hearing Board may reasonably require. In granting
or denying an application, the Hearing Board shall place with the
Borough Manager a copy of the decision and the reasons for denying
or granting the extension(s) in time to comply.
(3) Extension(s) in time to comply shall be granted to the applicant
containing all necessary conditions, including a schedule for achieving
compliance. The extension(s) in time to comply shall not become effective
until all conditions are agreed to by the applicant. Noncompliance
with any condition of the extension(s) shall terminate the extension(s)
and subject the person holding it to those provisions of this chapter
for which the extension(s) was granted.
(4) Application for extension of time limits specified in extension(s) in time to comply or for modification of other substantial conditions shall be treated like applications for initial variances under Subsection
B(2) hereof, except that the Hearing Board shall find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.
D. Appeals. Appeals of an adverse decision of the Hearing Board by aggrieved
parties shall be made within 30 days of the Board's decision to the
Court of Common Pleas of Northampton County. The decision of the Hearing
Board shall remain in force until such time as a judicial order of
a court of competent jurisdiction supersedes the decision of the Hearing
Board.
Where there is a conflict between this chapter and other ordinances
of the Borough, the more restrictive or stringent ordinance shall
apply.
If any provision, paragraph, word, section or subsection of
this chapter is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, or subsections
shall not be affected and shall remain in full force and effect. If
any section, subsection, sentence, or clause of the chapter is held,
for any reason, to be invalid, such decision shall not affect the
validity of the remaining portions of the chapter.
This chapter shall be effective immediately upon passage.