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.
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)
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From 7:00 p.m. to 7:00 a.m.
(dBA)
|
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|
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.
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.
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.