[HISTORY: Adopted by the Board of Supervisors of Fairview
Township 8-7-1998 by Ord. No. 98-37. Amendments noted where applicable.]
This article may be cited as the "Noise Control Ordinance for
Industrial Districts in Fairview Township."
A.
Whereas excessive sound and vibration are a serious hazard to the
public health and welfare, safety, and the quality of life; and
B.
Whereas the residents adjacent or near an industrial district and
persons working in an industrial district or adjacent to an industrial
district are entitled to live and work in an environment in which
the level of noise is minimized for their health, safety and the community
good;
C.
Now, therefore, it is the policy of Fairview Township to prevent
excessive or such noise in industrial districts as regulated in this
article, which may jeopardize the health, welfare or safety of its
citizens or degrade the quality of life.
As used in this article, the following terms shall have the
meanings indicated:
Measured noise that is adjacent to a noise producing source
as measured from time to time by the Township noise consultant and
as set forth in Appendix A to this article.[1]
The equivalent sound level is the level in dBA of hypothetical
constant sound which represents the same acoustic energy arriving
at a given location over a period of 10 minutes as the actual sound
as the same is referenced in Noise Control for Engineers, Lord et
al., McGraw Hill, 1980, and Acoustics, Beranek, McGraw Hill, 1954.
Any site preparation, assembly, substantial repair, alteration,
reconstruction, renovation, extension, expansion, alteration or relocation
of a building or structure, or improvement of public rights-of-way,
utilities, parking facilities and stormwater facilities.
A unit of sound level which is a division of logarithmic
scale used to express the ratio of the sound pressure of the source
to the pressure of an arbitrarily chosen reference pressure, two by
10-5 Pa; the ratio is expressed on the
decibel scale by multiplying its base 10 logarithm by 20.
Any dismantling, intention destruction or removal of structures,
utilities, public or private right-of-way surfaces, or similar property.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
That sound or those sounds not covered by this article which:
A noise in which sound levels vary significantly with time.
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.
Those districts designated in Chapter 395, Zoning, of the Fairview Township Code, as I-1 Light Industrial District, I-2 Industrial Park District or I-3 Heavy Industrial District.
A noise where sound level exceeds the ambient noise level
at least twice during the period of observation, which is one minute
or more. The period of time during which the level of the noise remains
at an essentially constant value above that of the ambient shall be
at least one second or more.
An unenclosed motor vehicle for the use of the operator and
two or three wheels in contact with the ground, including, but not
limited to, motor scooters and minibikes.
Any vehicle which is propelled or drawn on land by motor,
such as but not limited to, passenger cars, trucks, truck-trailers,
semitrailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies, or racing vehicles, but not including motorcycles.
A device for abating the sound of escaping gases from an
engine.
10:00 p.m. to 7:00 a.m., prevailing time.
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.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place, which is owned, subject to control or controlled
by a governmental entity.
Any real property or structures thereon which are owned,
subject to control or controlled by a governmental entity.
Any sound which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes of this article, 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 1/3 octave bands by 5 dB for center frequencies
of 500 Hz and above and by 8 dB for center frequencies between 160
and 400 Hz and by 15 dB for center frequencies less than or equal
to 125 Hz.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned or occupied by
one person from that owned or occupied by another person.
An oscillation in pressure, particle displacement, particle
velocity or other such 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.
The weighted sound pressure level obtained by the use of
a sound-level meter and frequency-weighing network. If the frequency
weighing employed is not indicated, the A-weighing shall apply.
Sound level measurements shall be made by equipment which
meets the precision standards of IEC 179/1973 or revisions thereof
for precision sound-level meters. Octave filters must satisfy the
requirements of ANSI § 1.11-1966 and IEC Recommendation
255 or revisions and immediately after a measurement is taken. Calibration
equipment must meet the standards of IEC 942 or revisions thereof.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
The weighted average of the 1/3 octave band sound levels
in the frequency range of human hearing sensitivity which constitutes
a single-number rating and has been found to correlate well with people's
subjective assessment of the loudness or noisiness of many types of
sound and with hearing-damage risks due to continuous sound.
Any day Monday through Friday from 7:00 a.m. to 10:00 p.m.,
prevailing time, which is not a legal holiday.
[1]
Editor's Note: Appendix A is on file in the Township office.
A.
The owner or developer of an Industrial Park (I-2) is encouraged
to locate the noisiest industries farthest away from residential and/or
agricultural districts.
B.
Background readings.
(1)
For the purpose of this article, the Township engaged an Institute
of Noise Control Engineer (INCE) board-certified noise control engineer
to take background readings in the industrial districts. The results
of these readings are shown in Appendix A.[1] The background readings were taken in November 1997 and
represent a measurement or calculation of equivalent 10 minute LAeq. In those cases where noise was ascertained to constitute
a consistent elevation of the background noise, such as in the case
of sites near Interstate 90, Route 20, Route 5 and Route 98 south
of Route 20, the noise level measurements include contributions of
traffic. Traffic noise levels from roads, which were not heavily traveled,
were not included. Noise level contributions due to trains were not
included in measurements taken at those industrial sites near railroad
tracks.
[1]
Editor's Note: Appendix A is on file in the Township office.
(2)
All industrial sites were investigated. However, background noise
levels measurements were determined for some sites by determination
of equivalency with industrial sites where levels where actually measured.
(3)
All readings shown in Appendix A are considered to be weekday readings
between the hours of 7:00 a.m. and 10:00 p.m., prevailing time.
C.
No single industry or development shall raise the noise level caused
by that industry or development more than five dBA (10 minute LAeq) at any point along the boundary of the industrial
district.
D.
Noise readings at any point outside an industrial district, due to
industry or development within the district, shall not exceed 60 dBA
(10 minute LAeq) between the hours of 7:00
a.m. and 10:00 p.m. on weekdays.
E.
Noise readings at any point outside an industrial district, due to
industry or development within the district, shall not exceed 50 dBA
(10 minute LAeq) on weekdays between the hours
of 10:00 p.m. and 7:00 a.m.
F.
Noise readings at any point outside an industrial district, due to
industry or development within the district, shall not exceed 50 dBA
(10 minute LAeq) on weekends and legal holidays.
G.
Noise readings within an industrial district shall not exceed 60
dBA (10 minute LAeq).
H.
Within industrial areas where the Township-established background
reading, as shown in Appendix A, exceeds 60 dBA, the following shall
apply:[2]
(1)
No single industry or development within an industrial district shall
raise the noise level caused by the industry or development, at any
point along the boundary of the district, more than three dBA (10
minute LAeq) above the Township-established
background readings, as shown in Appendix A.
(2)
Noise readings at any point outside an industrial district, due to
industry or development within the district, shall not exceed three
dBA (10 minute LAeq) above the Township background
readings, as shown in Appendix A, between the hours of 7:00 a.m. and
10:00 p.m. on weekdays.
(3)
On weekdays between the hours of 10:00 p.m. and 7:00 a.m. noise readings
at any point outside the industrial district, due to industry or development
within the district, shall not exceed 50 dBA (10 minute LAeq).
(4)
Noise readings at any point outside an industrial district, due to
industry or development within the district, shall not exceed 50 dBA
(10 minute LAeq) on weekends and legal holidays.
(5)
Noise readings within an industrial district shall not exceed three
dBA above the Township-established background.
[2]
Editor's Note: Appendix A is on file in the Township office.
I.
In areas of the Township where the Township-established background
is greater than 55 dBA (10 minute LAeq) but
less than 60 dBA, the following shall apply:
J.
In areas where the Township does not provide background measurements,
the Township will provide the developer with a background reading.
A charge will be assessed to the developer for this background reading.
K.
The cumulative effect of all development within an industrial district shall not exceed levels set forth in Subsection D or H(1) or I(1); and Subsection E or H(2) or I(2); and Subsections E and F and G or Subsection H(5) or as is applicable based on background noise measurements.
[Amended 11-7-2012 by Ord. No. 2012-4]
L.
If the noise is not smooth and continuous, only one of the corrections
listed below shall be added to measured noise levels.
M.
No new or substantially modified structure or land use within an
industrial district shall be approved for construction unless the
owner or developer of such land has demonstrated to the satisfaction
of the Township Supervisors that the new structure or land use will
comply with the noise provisions set forth in this article at the
time of full-scale operation of such activities.
N.
In those portions of the Township where noise readings are provided
by the Township, and it appears from the information provided to the
Township that the development could create an excessive amount of
additional noise, the Township Supervisors, prior to the issuance
of a permanent occupancy permit, can require that sound level readings
be taken by an INCE board-certified noise control expert, utilizing
the methods defined herein. Additional readings will be in areas inside and/or outside the industrial
district or parcel as determined by the Township. The readings shall
be made in order to determine if the facility is in compliance with
this article. The cost of these readings shall be paid for by the
owner or the developer. In the event that the owner or developer refuses
to take more noise readings, the Township will take them. The cost
of these additional readings shall be the responsibility of the owner
or developer.
O.
Sound or noise.
(1)
The measurement of sound or noise from a source as described in this
regulation shall be made with a sound-level meter meeting the standards
prescribed by this article. Measurements recorded shall be taken so
as to provide a proper representation of the noise source. The microphone,
during measurement, shall be positioned so as not to create any unnatural
enhancement or diminution of the measured noise. A windscreen for
the microphone shall be used when required. Background noises shall
not be considered in taking measurements, except where such background
noises interfere with the subject noise source being measured.
(2)
The slow meter response of the sound-level meter shall be used in
order to best determine that the amplitude has not exceeded the limiting
noise levels set forth in this article.
(3)
The measurement shall be made at the zoning district line or at the
location the noise is perceived by the complainant, or upon a public
way, at a height of five feet above the ground.
P.
The owner of the noise-producing source shall have 30 days from receipt
of written notice from the Township to take action required to reduce
sound emissions in order to comply with this article. No violation
shall be noted by the Township as corrected until sound level readings
are taken by the owner and the source meets the noise requirements
of this article. Corrective actions shall be completed prior to new
sound level readings being made and approved by the Township Supervisors.
A.
Loading and unloading. Loading, unloading, opening, closing, or other
handling of boxes, crates, containers, building materials, garbage
cans, dumpsters or similar objects between the hours of 10:00 p.m.
and 7:00 a.m. the following day in such a manner as to cause excessive
noise across a residential real property boundary for the aforementioned
time period is prohibited.
B.
Construction. Operating or permitting the operation of any tools
or equipment used in construction, drilling, or demolition work between
the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays
or at anytime on weekends or holidays, such that the sound therefrom
creates excessive noise across a residential real property boundary
for the aforementioned time period, except for emergency work of public
service utilities, is prohibited.
C.
Burglar alarms. Sounding or permitting the sounding of any exterior
burglar alarm or any motor vehicle burglar alarm unless such alarm
is automatically terminated with 15 minutes of activation is prohibited.
This section shall not be interpreted to apply to fire alarms.
D.
Emergency signaling devices. The intentional sounding or permitting
the sounding outdoors of any fire, burglar, or civil defense alarm,
siren, whistle, or similar stationary emergency signaling device,
except for emergency purposes or for testing, except as provided below
is prohibited.
(1)
Testing of stationary emergency signaling device shall occur at the
same time of day for each item for which such a test is performed,
but not before 7:00 a.m. or after 7:00 p.m. Any such testing shall
use only the minimum cycle test duration. In no case may such test
time exceed 60 seconds.
(2)
Testing of the complete emergency signaling system, including the
functioning of the signaling device and the personnel response to
the signaling device, shall not occur more than once in each calendar
month. Such testing shall not occur before 7:00 a.m. or after 7:00
p.m. Any such testing shall use only the minimum cycle test duration.
Noise emitted from the following sources shall be exempt from
the noise standards specified herein:
A.
All safety signals and warning devices (e.g., intrusion alarms, backup
alarms on trucks); authorized vehicles when responding to emergencies
(e.g., police, fire, ambulance sirens or any other device use to alert
persons to an emergency or used during the conduct of emergency work).
B.
The provisions, repair and maintenance of municipal services or public
utilities.
C.
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holiday; existing bells, chimes
and carillons that are currently in use for any purpose.
D.
Appliances, lawn and garden equipment, snow-removal equipment and
household power tools in use between the hours of 7:00 a.m. and 10:00
p.m., provided such are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified,
and in proper operating condition.
E.
Heavy construction equipment when being used for a relatively short
period of time on a specific short-term project (such as construction
of a building; constructing, repairing or cleaning a road; drilling
a well; and other similar short-term, specific, construction, demolition,
or repair projects) in use between the hours of 7:00 a.m. and 10:00
p.m. for the duration of such short-term, specific project, provided,
such heavy construction equipment is operated within the manufacturer's
specifications and with all standard noise-reducing equipment is use,
unmodified and in proper operating condition.
F.
Other activities granted by construction permits.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Amended 11-7-2012 by Ord. No. 2012-4]
B.
Any other remedy available at law or equity shall be available to
enforce this article, including those set forth in the in the Second
Class Township Code 53 P.S. § 66601.
