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 residents of Maidencreek 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 residents 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 residents within Maidencreek 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:
AMBIENT NOISE
The total noise level in a given acoustical environment.
Ambient noise is usually a composite of sounds near and far.
BACKGROUND SOUND LEVEL
The typical total sound pressure level in a given acoustical
environment, excluding the sound(s) of interest/concern.
COMMERCIAL
Any property receiving noise where the receiving property
is located within the Local Commercial Zoning District or Regional
Commercial Zoning District or such successor districts as shall be
utilized by the Township of Maidencreek on future zoning maps.
dB(A) (A-WEIGHTED DECIBEL)
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.
DECIBEL (dB)
A unit of measure of the sound pressure level at a specific
location.
EMERGENCY SERVICES
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.
IMPULSIVE SOUND
A sound having a duration of less than one second with rapid
onset and decay rates.
INDUSTRIAL
Any property receiving noise where the receiving property
is located within the Industrial Zoning District or Special Intensified
Agricultural Zoning District or such successor districts as shall
be utilized by the Township of Maidencreek on future zoning maps.
LEQ(H)
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.
MOTOR VEHICLE
Any vehicle propelled or drawn on land by an engine or motor
used for power.
MUFFLER
A device for abating the sound of escaping gases of an internal
combustion engine or motor.
NOISE
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.
NOISE DISTURBANCE
Any sound at or exceeding any or all of the sound level limitation
noise criteria identified in this chapter, and/or any specific acts
constituting a noise disturbance identified in this chapter.
PERSON
Any individual, corporation or other legal entity.
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.
PROPERTY LINE
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.
PROPOSED NOISE LEVEL
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.
PUBLIC RIGHT-OF-WAY
Any street, highway, road, sidewalk, avenue, alley, or boulevard
which is leased, owned or controlled by a governmental entity.
RESIDENTIAL
Any property where the receiving property is located within
the Agricultural Zoning District, Low-Density Residential Zoning District,
Moderate-Density Residential Zoning District, High-Density Residential
Zoning District, Village Density Residential Zoning District, Multifamily
Residential Zoning District or Commercial Residential Zoning District,
or such successor district as shall be utilized by the Township of
Maidencreek on future zoning maps.
SOUND LEVEL
The instantaneous sound pressure level measured in decibels
with a sound level meter set for A-weighting on slow response speed,
unless otherwise noted.
SOUND LEVEL METER
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.
TOWNSHIP
The Township of Maidencreek, Berks County, Pennsylvania acting
by and through its Board of Supervisors or its authorized designees.
The following are sound level limitation noise criteria to be
followed when evaluating noise levels within the 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 hours (6:00 a.m. until 10:00 p.m.) and by five dBA or greater
during nighttime hours (10:00 p.m. until 6:00 a.m.), 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
|
---|
|
6:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 6:00 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).]
D. Any noise made between the hours of 10:00 p.m. and 6:00 a.m. which
can be heard at a distance of a one-mile radius or more from the source
of the sound by a reasonable person of normal sensibilities shall
be deemed to be at a level which violates this chapter without the
necessity of performance of a measurement and is considered a per
se violation of this chapter.
The Supervisors of the Township may at any time and from time
to time promulgate regulations concerning this chapter and implementing
its provisions by resolution adopted at any duly constituted public
meeting.
The following noise is exempted from the provisions of this
chapter:
A. Noise generated to request assistance or warn of a hazardous situation,
as part of providing emergency services, or is part of responding
to natural emergencies;
B. Noise generated from an authorized warning alarm or siren, emergency
vehicle or a vehicle operated by a gas, electric, communications or
water/sewer utility;
C. Noise generated from a bell, chime or similar device used by a church,
mosque, synagogue or a school;
D. Noise generated from lawn care and other household maintenance equipment
and tools used between 6:00 a.m. and 10:00 p.m.;
E. Noise generated from construction activities properly permitted by
Maidencreek Township between 6:00 a.m. and 10:00 p.m.;
F. Noise 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;
H. Noise generated from emergency backup generators used during a power
failure or other emergency situation, except that no recharge shall
occur between the hours of 10:00 p.m. and 6:00 a.m.; and
I. Noise generated from agricultural production activities involving
agricultural animals, equipment, and field machinery (used and maintained
in accordance with the manufacturer's specifications).