[See also Chapter 5, Part 2, Property Maintenance Code]
[Ord. 2011-3, 9/6/2011]
The Board of Supervisors of the Township of Londonderry, finding that excess levels of sound from Pennsylvania Liquor Control Board licensed facilities are detrimental to the physical, mental and social well-being of the citizens as well as to their comfort, living conditions, general welfare and safety, and being therefore a public harm and welfare hazard, hereby declares it to be necessary to provide for greater control and more-effective regulation of excessive sound from the sources of excessive sound within the Township of Londonderry specifically related to Pennsylvania Liquor Control Board licensed facilities.
[Ord. 2011-3, 9/6/2011]
This Part 1 shall be known as the "Londonderry Township Noise Control Ordinance."
[Ord. 2011-3, 9/6/2011]
The following words, terms and phrases, when used in this Part 1, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AMBIENT NOISE
The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far.
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)."
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 or is plainly audible across boundary lines.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health of humans or animals; annoys or disturbs a reasonable person of normal sensitivities; and/or endangers or injures personal or real property, that is in excess of the sound levels for a Pennsylvania Liquor Control Board licensed facility established in § 105 for Pennsylvania Liquor Control Board licensed facilities.
PENNSYLVANIA LIQUOR CONTROL BOARD (hereinafter "PLCB")
The Pennsylvania Liquor Control Board, a Pennsylvania state agency established by and under the authority of the Commonwealth of Pennsylvania.
PENNSYLVANIA LIQUOR CONTROL BOARD FACILITY
A business licensed by the Pennsylvania Liquor Control Board to sell alcoholic beverages for consumption on and/or off premises and regulated by the PLCB.
PERSON
Any individual, association, limited liability company, 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, a 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.
PROPERTY LINE (BOUNDARY)
Any 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 officer.
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.
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 the medium or the superposition of such proragated 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 51.4-1971, 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 average, output meter and any applicable weighting network, used to measure sound-pressure levels, which meets or exceeds the requirements for a Type I or Type II sound-level meter as specified in ANSI Specifications S1.4-19071. The manufacturer's published indication of compliance with such specifications shall be prima facia evidence of such compliance.
ZONING DISTRICTS
The land use established by Chapter 27, Zoning, of the Code of Ordinances of the Township of Londonderry, and all subsequent amendments.
[Ord. 2011-3, 9/6/2011]
1. 
Specific Prohibitions. The following acts and the causing thereof are declared to be noise disturbances and therefore in violation of this Part 1:
A. 
Radios, television sets, musical instruments and similar devices: operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or high-fidelity equipment, or similar device which produces, reproduces or amplifies sound, at any time in such a manner as to cause a noise disturbance across a property line (boundary), between the hours of 12:00 midnight and 8:00 a.m., so as to be plainly audible in excess of maximum permissible sound levels, across a property line (boundary).
B. 
Yelling and shouting: engaging in loud or raucous yelling, shouting, hooting, whistling or singing between the hours of 12:00 midnight and 8:00 a.m. or at any time or place in such a manner as to create a noise disturbance in excess of maximum permissible sound levels.
[Ord. 2011-3, 9/6/2011]
1. 
No PLCB-licensed facility shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds 67 dB(A) when measured at or across the property line (boundary) from the noise source. Any sound source, whether stationary or nonstationary, that produces sound in excess of those levels shall constitute a noise disturbance.
2. 
When Exceeded. The sound level limit of 67 dB(A) shall be exceeded when any one or more of the following occur:
A. 
The sound at any one point in time exceeds 67 dB(A) by a measured sound level of 15 dB(A); or
B. 
The sound exceeds 67 dB(A) by a measured sound level of 10 dB(A) for a cumulative period of one minute or more out of any ten-minute period.
3. 
Ambient Sound. In the event that the background ambient sound levels in an area of suspected noise disturbance exceed 67 dB(A), the sound level of the intrusive sound source shall be measured with the ambient background sound level being substituted for 67 dB(A).
4. 
Where Measured. For the purpose of this section, sound shall be measured at or beyond the property line (boundary) of the property on which the noise source is located.
5. 
Measuring Instrument. All sound measurements shall be made on a sound-level meter calibrated in the manner required by the manufacturer's specifications.
[Ord. 2011-3, 9/6/2011]
The following sounds are exempted from the provisions of this Part 1:
1. 
Amplified announcements: electronically amplified announcements at athletic events.
2. 
Concerts, etc.: band concerts, block parties, 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 Part 1, provided that:
A. 
Such activities do not produce sound 15 dB(A) in excess of the sound levels set forth in § 105 of this Part 1;
B. 
Such activities do not occur between the hours of 12:00 midnight and 8:00 a.m.; and
C. 
Authorization to hold the functions was approved by the Board of Supervisors.
3. 
Fireworks displays presented in any public or private space outdoors shall be exempt from the provisions of this Part 1, provided that authorization to hold the function was preapproved by the Board of Supervisors.
4. 
Shooting range and related activities located at the Middletown Hunters and Anglers facility on Schoolhouse Road.
[Ord. 2011-3, 9/6/2011]
1. 
Authority for Enforcement. This Part 1 shall be enforced by the Township of Londonderry Code Enforcement Department.
2. 
Penalties. Any person violating any provision of this Part 1 shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $250 nor more than $1,000 for each and every offense, plus costs and reasonable attorneys' fees, as other fines and costs are by law collectible, or shall be imprisoned for not more than 90 days, or both. Each day during which any person violates any provision of this Part 1 shall constitute a separate offense.
[Ord. No. 2021-06, 4/20/2021]
1. 
The Township has determined that certain buildings and structures may not be able to accommodate communications among police, fire and emergency medical personnel who may be called to the premises of such buildings and structures to respond to public safety situations due to the large size of the building or structure and/or other characteristics of the construction or design of the building or structure.
2. 
The purpose of this Part is to provide minimum standards to ensure a reasonable degree of reliability for emergency services communications from within certain buildings and structures located within the Township to and from county emergency communications centers.
3. 
The Township Code Enforcement Officer is authorized and designated to carry out the responsibilities and duties stated herein.
[Ord. No. 2021-06, 4/20/2021]
1. 
General. If a term is not defined by this Part, but is defined by the Zoning Ordinance (Chapter 27), the provision of that ordinance shall apply to this Part.
2. 
Specific Terms. The following words, terms, and phrases, when used in this Part, shall have the following meanings ascribed to them unless the context clearly indicates otherwise:
ADEQUATE RADIO COVERAGE
A minimum signal strength available in 95% of the area of each floor of the building or structure to enable two-way portable radio transmissions when transmitted to the closest emergency communications system utilizing the 700/800 MHz, VHF, UHF R1 and UHF R2, or other frequency band/range as approved by the emergency communications system.
BASEMENT
A story partly underground but having 1/2 or more of its height above the average level of the adjoining ground.
EMERGENCY COMMUNICATIONS SYSTEM ("ECS")
Dauphin County Department of Public Safety Radio System and the Pennsylvania State Police Radio System utilized to dispatch and allow communications between police, fire and emergency medical personnel.
MINIMAL SIGNAL STRENGTH
The minimum inbound signal strength of -95 dBm (milliwats) or as set forth by the Dauphin County Department of Public Safety for its emergency communications system, sufficient to provide usable voice communications throughout the coverage area. The inbound signal level shall be sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.4 or an equivalent signal-to-interference-plus-noise ratio (SINR) applicable to the technology for either analog or digital signals.
NEMA
The National Electrical Manufacturer Association.
OCCUPANT LOAD
The total number of people who may occupy a building or portion thereof at any one time.
SUBBASEMENT
A floor or floors below a basement.
[Ord. No. 2021-06, 4/20/2021]
1. 
The provisions of this Part apply to any new building permits that are issued on or after the effective date of this Part for the following:
A. 
New buildings equal to or greater than 32,000 square feet;
B. 
Existing buildings equal to or greater than 32,000 square feet when modifications, alterations or repairs made within any twelve-month period exceed 50% of the value of the existing buildings;
C. 
Existing buildings equal to or greater than 32,000 square feet when the usable floor area is expanded or enlarged by more than 50%;
D. 
All buildings with basements or subbasements where the occupant load is greater than 50, regardless of the occupancy;
E. 
Hospitals;
F. 
Nursing or convalescent homes;
G. 
Schools;
H. 
Buildings with high concentrations of steel, machinery or concrete;
I. 
Any building or structure where it is determined by the Township or Fire Code Official that a radio coverage system is required.
[Ord. No. 2021-06, 4/20/2021]
1. 
No person shall erect, construct or modify any building or structure or any part thereof, or cause the same to be done, which fails to support adequate radio coverage and minimal signal strength for firefighters, police officers and emergency medical personnel. Inadequate radio coverage or signal strength shall be deemed to render such buildings or structures or any parts thereof unsafe.
2. 
If it is determined that the characteristics of buildings and structures identified in § 203, Applicability, of Chapter 10, Health and Safety, are such that the buildings or structures do not allow adequate radio coverage and minimal signal strength, the owner(s) and/or building contractor shall install FCC-certified bidirectional amplifier(s) in or on the building or structure to remedy the communications problem and reach the coverage criteria set forth in this Part.
3. 
When buildings and structures are required to provide amplification systems to achieve adequate radio coverage and minimal signal strength, they shall be capable of operating on an independent battery and/or generator system for a period of at least 12 hours without external power input. The battery system shall automatically charge in the presence of external power input. There shall be no connectivity between the amplification system and fire alarm system.
4. 
Generator systems used to provide secondary power for a fire alarm system or an amplification system shall comply with NFPA 70 and NFPA 100 standards for emergency and standby power systems and the installation of such systems.
5. 
Any bidirectional amplifier unit shall be enclosed in a cabinet with suitable access for servicing the unit. If installed in outdoor or unprotected locations, the cabinet shall be weatherproof stainless steel meeting NEMA standards for weatherproof installations.
6. 
The bidirectional amplifier unit shall be installed in a secured environment to prevent tampering. This requirement may be met by the use of a lock on the cabinet or by installing the unit within a secured room.
7. 
Only authorized radio communications technicians are permitted to make adjustments to amplification systems and associated equipment.
8. 
Firefighters, police officers and emergency medical personnel shall have access to the equipment at all times. A Knox-Box® is required for any building or structure which is required to have radio amplification equipment under this Part.
[Ord. No. 2021-06, 4/20/2021]
1. 
The minimum qualifications of the system designer and lead installation personnel shall include both of the following:
A. 
A valid FCC-issued general radio operators license.
B. 
Certification of in-building system training issued by a nationally recognized organization or school or certificate issued by the manufacturer of the equipment being installed.
C. 
The aforementioned qualifications shall not be required if demonstration of adequate skills and experience satisfactory to the Township or Fire Code Official is provided.
2. 
Personnel conducting radio system tests to determine if a building or structure allows for adequate radio coverage and minimal signal strength shall be qualified to perform the work. All tests shall be documented and signed by a person in possession of a current technician certification/license. All test records shall be retained on the inspected premises by the building owner and a copy submitted to the Township.
3. 
Testing Procedures.
A. 
Upon completion of construction of a new or existing building or structure identified in § 203 of Chapter 10, Health and Safety, and at such time as the commercial structure shall become fully operational, it will be the building owner's responsibility to have the communication system tested to ensure adequate radio coverage and minimal signal strength on each floor of the building or structure. Said test will be conducted within 30 days of issuance of a certificate of use permit from the Township. For multitenant buildings, this test shall be conducted within 30 days of the occupancy of 50% of the total building area or at such time as deemed necessary by the Township.
B. 
Each floor of the building shall be divided into a grid of 12 equal areas. A maximum of two nonadjacent areas will be allowed to fail the test. In the event that three of the areas fail the test, in order to be more statistically accurate, the floor may be divided into 24 equal areas. A maximum of four nonadjacent areas will be allowed to fail the test.
C. 
After the second area test, if the building continues to fail, it will be the building owner's responsibility to have an amplification system installed and tested to meet the adequate radio coverage and minimal signal strength requirements.
D. 
The test shall be conducted using public safety portable radio, or equivalent portable radios, talking through the ECS. A spot located approximately in the center of a grid area will be selected for the test, then the radio will be keyed to verify two-way communications to and from the outside of the building through the ECS. Once the spot has been selected, prospecting for a better spot within the grid area will not be permitted.
E. 
If the newly constructed building fails the test, it will be the building owner's responsibility to bring the building or structure into compliance with this Part at the owner's sole expense within 90 days from the date such work is contracted and within 90 days of the date of the determination of noncompliance of the building or structure with this Part.
F. 
The gain values of all amplifiers shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified each year during the annual tests. In the event that the measurement results become lost, the building owner will be required to rerun the acceptance test to reestablish the gain values.
G. 
Compliance with the provisions of this section shall be a condition on the certificate of use permit issued by the Township. Failure to comply with these provisions shall result in the suspension of a certificate of use permit from the Township.
4. 
Annual Tests.
A. 
When an in-building radio system is required, it shall be the building owner's responsibility to have all active components of the system, such as amplifiers, power supplies and backup batteries, tested to a minimum of once every 12 months. The annual test results shall be supplied to the Township within 18 months next following the original technical certification.
B. 
Amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. Backup amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance.
C. 
Backup batteries and power supplies shall be tested under load of a period of one hour to verify that they will properly operate during an actual power outage. If within the one-hour test period, and in the opinion of the testing technician, the battery exhibits symptoms of failure, the test shall be extended for additional one-hour periods until the integrity of the battery can be determined.
D. 
All other active components shall be checked to determine that they are operating within the manufacturer(s) specifications for the intended purpose.
[Ord. No. 2021-06, 4/20/2021]
1. 
The Township has determined that the construction and maintenance of any building or structure, or part thereof, that interferes with ECS and public safety personnel's ability to communicate with such system constitutes a nuisance, per se, because it threatens the health, safety and welfare of the residents and visitors to Londonderry Township. In addition to any other remedies or enforcement procedures provided herein, the Township may seek an injunction to restrain such a nuisance.
2. 
To the extent that the Township determines that bidirectional amplifiers must be installed in a building in accordance with this Part, the Township shall give notice to the owner(s) of such buildings to install the required bidirectional amplifier. In the event the owner fails to install the required amplifier that meets the requirements of § 205 of Chapter 10, within 30 days from the date of said notice, the Township shall bring an enforcement action before the District Judge.
3. 
If any required bidirectional amplifier becomes inadequate or inoperative thus affecting the safety of a building, structure or the occupants therein, the Township shall order the system, unit or device to be repaired or upgraded as necessary and returned to service within 30 days. It shall be the responsibility of the building owner to make repairs, alterations or additions to maintain operability of the system.
4. 
Any person who violates any provision of this Part shall be subject to a fine not to exceed $1,000, plus costs of prosecution, including attorneys' fees incurred by the Township. Each day that the violation of any provision of this Part continues shall be a separate violation unless it is determined that a good-faith basis existed for the violation, in which case there shall be deemed only one violation until the fifth day following the violation. Thereafter, each day shall constitute a separate violation.
5. 
Should any person refuse, neglect or fail to comply with any provision of this Part or with any notice given in conformity with or pursuant to the provisions hereof, the Township may cause the system, unit or device to be repaired or upgraded as necessary at the owner's sole expense. The cost and expense thereof shall be certified to the Township Solicitor, who shall enter the same as a lien against the property and shall proceed to collect the same in like manner as other municipal claims are by law collectible.