Township of Upper Makefield, PA Part 4 Noise Regulations

[Adopted 9-15-2004 by Ord. No. 261]

 

§ 10-401 Standards and prohibitions.

The following provisions shall apply to all sound originating within the boundaries of Upper Makefield Township. The receiving districts are identified by reference to the Zoning Map of the Newtown Area Joint Municipal Zoning Ordinance.[1]

A. Environmental performance standards.

(1) Maximum permissible sound levels by receiving district. No person shall operate or cause to be operated on public or private property any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving zoning category in the following table when measured at or within the property boundary of the receiving district. Sound levels exceeding the limits set in the following table are hereby declared to be a nuisance.

	Maximum Continuous Sound Levels Within Receiving District
	Receiving District	From 7:00 a.m. to 7:00 p.m. (dBA)	From 7:00 p.m. to 7:00 a.m. (dBA)
	JM and CM,	60	50
	R1, R2, CR-1, CR-2, VR-1, VC-1, POS, EIR and MS	65	55

(2) Terminology. All technical terminology used in this Part, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI), its latest approved revisions thereof, or its successor body.

(a) Continuous sound. Any sound, which is steady state, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval.

(b) Impulsive sound. Any sound of short duration, with an abrupt onset and rapid decay, and an occurrence of not more than one time in any fifteen-second interval.

(c) Pure tone. A sound sensation characterized by its singleness of tone.

(3) Standards. For the purpose of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the latest approved standards as published by ANSI or its approved equivalent.

(4) Correction for character of sound. For any source of sound, which emits a pure tone, the maximum sound level limits set forth in Subsection A(1) shall be reduced by five dBA. For any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound pressure level, regardless of time of day or night or receiving land use, using the "fast" meter characteristic of Type II meter, meeting the IEC-651 and ANSI S1.4 Type 2 Specification.

(5) Sound measurements. The sound meter shall be operated in accordance with the manufacturer's instructions. The sound meter shall be calibrated with each use. The sound meter shall be operated using the "A" weighting and fast response settings. Readings shall be taken in such a way that traffic noise is factored into the reading.

B. Excessive noise prohibited. In addition to the above, it is hereby declared to be a nuisance and shall be unlawful for any person, firm or business entity to make, cause, suffer or permit to be made or caused upon a property owned, occupied or controlled by him or it upon any public land, street, alley or thoroughfare in the Township of Upper Makefield any excessive noises or sounds, by means of vehicles, machinery, equipment (including sound amplification equipment and musical instruments) or by any other means or methods which are physically annoying to the comfort of any reasonable person or which are so harsh, prolonged, unnatural or unusual in their use, time and place, as to occasion physical discomfort, or which are otherwise injurious to the lives, health, peace and comfort of the inhabitants of Upper Makefield Township, or any number of residents thereof.

C. Special prohibitions.

(1) Possessing, harboring or keeping an animal or bird which makes any noise continuously and/or persistently for a period of 15 minutes or more, in such a manner as to disturb or annoy any person at any time of the day or night, regardless of whether the animal is situated upon private property.

(2) Operating, playing or permitting the operation or playing of any radio, television, audio equipment, sound amplifier, musical instrument or other such device in such a manner as to cause annoyance to persons in the vicinity.

(3) Performing any construction operation, or operating or permitting the operation of any tools or equipment used in construction, drilling, blasting, demolition, excavating, extraction of stone or other such activities between the hours of 9:00 p.m. and 7:00 a.m., or at any time on Sunday. This provision does not apply to domestic power tools.

(4) Repairing, rebuilding, modifying, testing or operating a motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause annoyance to persons across a real property boundary from the noise source.

(5) Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, or similar device used out of doors between the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to cause annoyance to persons across a real property boundary from the noise source.

(6) Operating or permitting the operation of any motor vehicle or any auxiliary equipment attached to such motor vehicle for a period of longer than five minutes in an hour while the vehicle is stationary and idling, with the exceptions of railroad engines which may idle during a warm-up period not to exceed 20 minutes. Idling due to traffic congestion and/or emergency work shall not constitute a violation of this section.

(7) Operating motor vehicles and motorcycles on public rights-of-way or private property in such a manner that the sound level emitted by the motor vehicle or motorcycle constitutes a noise disturbance. Operating a motorcycle along public or private rights-of-way which contains a muffler that fails to meet the requirements set forth in the Pennsylvania Motor Vehicle Inspection Law and is operating in excess of 86 decibels.

[1] Editor's Note: The Joint Municipal Zoning Ordinance is on file in the Township offices and is accessible via the Township website.

§ 10-402 Exceptions.

The restrictions set forth in § 10-401 of this Part shall not apply to any of the following noise sources:

A. Vehicles, machinery, appliances and equipment or hand tools used in conjunction with agricultural activities.

B. The emission of sound for the purpose of alerting persons to the existence of an emergency.

C. Emergency work performed to protect public health or safety, including fire protection, protection from flood or other disasters, and work performed to provide electricity, water or other public utilities when public health or safety is involved.

D. Public gatherings, performances and the like for which a permit has been obtained from the Township.

E. Warning devices on authorized emergency vehicles and/or required for safety purposes.

F. Vehicles, machinery, appliances and equipment used in the case of an emergency and snow removal.

G. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or similar device used out of doors between the hours of 7:00 a.m. and 9:00 p.m. if used in the maintenance or repair of a residential dwelling.

§ 10-403 Other nuisances prohibited.

The following activities are hereby declared to be a nuisance and shall be unlawful within the Township of Upper Makefield:

A. Any person or business entity engaging in any use or activity upon property, which by reason of odors, fumes, vapors, vibration or dust, unreasonably interferes with the use, comfort and enjoyment of another's property, or endangers the health or safety of the occupants of another's property.

§ 10-404 Enforcement; violations and penalties.

A. Any Township law enforcement officer, Zoning Officer, or such other person designated by the Board of Supervisors may issue an order requiring the abatement of any source of sound or other nuisance in violation of this Part. The owner or operator of the subject property or equipment shall be notified of the violation upon hand or certified mail delivery of the order, which shall specify the nature, date and time of the violation, and shall direct that the conduct violating this Part cease forthwith (the "abatement order"). If a person or entity does not comply with the abatement order as directed, a summary citation may be issued.

B. Any person or business entity who shall violate any of the provisions of this Part shall, upon summary conviction thereof, be punishable by a minimum fine of not less than $500 and a maximum fine of not more than $1,000, plus attorneys' fees and costs of prosecution and, in default of such fine and costs, by imprisonment in the county jail for a term not exceeding 30 days. Each violation of any of the provisions of this Part shall be deemed to be a separate and distinct offense, and when a violation continues beyond the time limit set forth in the abatement order, shall be deemed to be a separate and distinct offense. When a second and/or subsequent violation is committed by the same person or entity within any twelve-month period, the fine shall be double the amount of the previous fine up to a maximum fine of $1,000 for each separate and distinct offense.

C. In addition to the above, the Township may institute an action for injunctive relief to prohibit or abate any activity in violation of the provisions of this Part.