Certain words used in this article are defined below. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word "shall" is mandatory and not permissive. These factors are the basis for this section and other sections of this chapter. This particular section and its subsections are part of the Borough's Performance Standards. Section
230-88 of this article sets the performance standards regarding noise levels in the Borough by use and the use of adjacent lands along the noise generator's property lines.
As used in this article, the following terms shall have the meanings
indicated:
AMBIENT NOISE LEVEL
The normal or existing level of noise from existing conditions or
activities at a given location.
AUDIOMETER
An instrument used for hearing sensitivity.
DECIBEL
A unit of sound level measuring the amplitude of sound. The symbol
"dB" is used to express noise level.
MAINTENANCE ACTIVITIES
These activities are those commonly associated with general home
and property maintenance. These uses include, but are not limited to:
A.
Sawing of cordwood or firewood.
D.
Tree removal and trimming.
E.
House painting of home or garage.
F.
Brick pointing of home or garage.
NOISE
A.
Any undesired audible sound;
B.
Any sound that annoys or disturbs humans or that causes or tends to
cause an adverse psychological or physiological effect on humans.
NOISE ATTENUATION
A reduction on the number of source using a substance, material,
or surface such as an earthen berm and/or dense wall.
NOISE DISTURBANCE
Any noise exceeding the noise limits established for zoning districts
and those sites of different intensity bordering one another.
NOISE POLLUTION
Continuous or episodic excessive noise in the human environment.
NUISANCE
Any condition or situation that results in the interference with
the enjoyment and use of property.
NUISANCE ELEMENT
Any environmental pollutant, such as smoke, odors, liquid wastes,
solid wastes, radiation, noise, vibration, glare, or heat.
PERFORMANCE STANDARDS
A set of criteria or limit items of a site or subdivision development.
In particular, they usually address noise, vibration, glare, heat, stormwater
management and transportation issues.
SPECIFICATIONS
Detailed instructions that designate the quality and quantity of
materials and workmanship expected in the construction of a structure.
No person or noise-generating equipment, machines, vehicle, or the like
shall emit or produce any source of continuous sound (any sound that is steady,
fluctuating, or intermittent with a resurgence greater than one time in any
fifteen-second interval) in such a manner as to create a sound level that
exceeds the limits set forth for the receiving land use category in the following
table (Table-VIII-B). Such measurement shall be at the property line on the
receiving land.
The ambient sound level of any operation (other than the operation of
motor vehicles or other transportation facilities, operations involved in
the construction or demolition of structures, emergency alarm signals or time
signals) shall not exceed the decibel levels listed in the tables shown.
A. The sound pressure level or ambient level is the all-encompassing
noise associated with a given environment, being a composite of sounds from
any source, near and far. For the purpose of this chapter, "ambient noise
level" is the average over 15 minutes of the alleged offensive noise, excluding
random or intermittent noises. Averaging may be done by instrument analysis
in accordance with American National Standard § 13-1971, or may
be done manually as follows:
(1) Observe a sound-level meter for five seconds and record
the best estimate of central tendency of the indicator needle and the highest
and lowest indications.
(2) Repeat the observations as many times as necessary to
provide that observations be made at the beginning and at the end of the fifteen-minute
period and that there shall be at least as many observations as there are
decibels between the lowest low indication and the highest high indication.
(3) Calculate the arithmetical average of the observed central
tendency indications.
B. It shall be unlawful for any person to operate any fixed
machinery or equipment or similar mechanical device in any manner so as to
create any noise, which would cause the noise level measured at the property
line of the property affected by the noise emission to be beyond permitted
levels.
(1) Noise limits shall not exceed the following.
|
TABLE VIII-B
|
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|
Noise Levels and Human Response
|
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|
Zoning District
|
Time Period
|
Sound Level
(dba)
|
---|
|
OC
|
7:00 a.m. to 9:00 p.m.
9:00 p.m. to 7:00 a.m.
|
90
60
|
|
LDR, MDR, SR, TZ, RC, DC and HOD
|
7:00 a.m. to 9:00 p.m.
9:00 p.m. to 7:00 a.m.
|
80
60
|
|
LI-1, LI-2
|
24 hours
|
100
|
(2) If the measurement location is on a boundary between
two zoning districts, the lower sound level shall apply.
(3) 7:00 a.m. and 9:00 p.m. (See definitions in §
230-87 of this article.)