This chapter shall be known as the "Lancaster Township Noise Control
Ordinance."
The following words, terms and phrases when used in this chapter shall
have the meaning ascribed to them in this section, except where the context
clearly indicates a different meaning. All terminology used in this chapter,
not defined below, shall be in conformance with the applicable publications
of the American National Standards Institute [ANSI S1.1 — 1960
(R1971) and 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).
AMBIENT NOISE
The all-encompassing noise associated with a given environment, being
usually a composite of sounds from many sources near and far.
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 (20 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.
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.
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 or health of humans or animals; or
B.
Annoys or disturbs a reasonable person of normal sensitivities; or
C.
Endangers or injures personal or real property; or
D.
Is in excess of the sound levels by zoning districts established in §
185-4A.
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. Whenever used in any clause prescribing
and imposing a penalty, "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.
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 set of single
pitches. For the purpose of this chapter, a pure tone shall exist if the 1/3
octave band sound pressure level in the band with the tone exceeds the arithmetic
average of the sound pressure levels of the two contiguous octave bands by
five dB for center frequencies of 500 Hz and above and by eight dB for center
frequencies between 160 and 400 Hz and by 15 dB for center frequencies less
than or equal to 125 Hz.
PROPERTY LINE (BOUNDARY)
An 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 police officer.
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.
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, or the superposition of such propagated
oscillation which evokes an auditory sensation. 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 which includes a microphone, amplifier, RMS detector,
integrator or time averager, output meter and any applicable weighting network
used to measure sound pressure levels which meets or exceeds the requirement
for a Type I or Type II sound level meter as specified in ANSI Specification
S1.4-1971. The manufacturer's published indication of compliance with
such specifications shall be prima facie evidence of such compliance.
ZONING DISTRICTS
The land use districts established by Chapter
280, Zoning, and all subsequent amendments.
The following sounds are exempted from the provisions of this chapter:
A. Amplified announcements. Electronically amplified announcements
at athletic events.
B. Blasting. Blasting, provided that a permit for same has
been secured for a fee of $10 from the Lancaster Township Zoning Officer upon
application. Such blasting may occur only between the hours of 9:00 a.m. and
4:00 p.m., Monday through Friday, unless specifically authorized by permit.
C. Concerts, etc. Band concerts, block parties, church carnivals,
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 chapter provided that:
(1) Such activities do not produce sound 15 dB(A) in excess of the sound levels set forth in Table I of §
185-4A of this chapter; and
(2) Such activities do not occur between the hours of 10:00
p.m. and 7:00 a.m.
D. Emergency work. Sounds caused by the performance of emergency
work, or by the ordinary and accepted use of emergency apparatus and equipment.
E. Municipal and utility services. Sounds resulting from
the repair or replacement of any municipal or utility installation in or about
the public right-of-way.
F. School and public activities. Sounds not electronically
amplified, created by organized school-related programs, activities, athletic
and entertainment events, or other public programs, activities or events,
other than motor vehicle racing events.
G. Warning devices. Sounds made by warning devices operating
continuously for three minutes or less except in the event of an actual emergency
the time limitation shall not apply.