[HISTORY: Adopted by the Board of Supervisors
of the Township of Maidencreek 5-10-2001 by Ord. No. 176; amended in its entirety 7-15-2009 by Ord. No.
220. Amendments noted where applicable.]
Noise is characterized as unwanted sound. Excessive noise can
be a serious threat to the comfort, convenience, health, safety, welfare,
and overall quality of life of the residents of Maidencreek Township,
Berks County, Pennsylvania. It is the intent of this chapter to establish
requirements and criteria to prevent excessive noise that may jeopardize
the health and welfare of its residents or degrade their quality of
life. Therefore, it intends hereby to prohibit all excessive and unreasonable
noise from all sources subject to its police power in order to preserve,
protect, and promote health, safety, welfare and the peace, quiet
and comfort of the residents within Maidencreek Township limits. This
chapter is enacted pursuant to the general powers of the Board of
Supervisors, contained in the Second Class Township Code, 53 P.S.
§ 66506, and associated enforcement provisions related to
noise pollution, 53 P.S. § 66601(c.1)(2).
As used in this chapter, the following terms shall have the
meanings indicated:
The total noise level in a given acoustical environment.
Ambient noise is usually a composite of sounds near and far.
The typical total sound pressure level in a given acoustical
environment, excluding the sound(s) of interest/concern.
Any property receiving noise where the receiving property
is located within the Local Commercial Zoning District or Regional
Commercial Zoning District or such successor districts as shall be
utilized by the Township of Maidencreek on future zoning maps.
The symbol designation of a noise level, reported in decibels,
using the A-weighted network of a sound level meter, as defined by
ANSI S1.4, Specification for Sound Level Meters.
A unit of measure of the sound pressure level at a specific
location.
Any work necessary to deliver essential services, including
but not limited to fire suppression and related services, medical
care and related services, emergency management services, repairing
gas, water, electric, telephone, sewer facilities, or public transportation
facilities, removing fallen trees from public rights-of-way, or abating
life-threatening conditions.
A sound having a duration of less than one second with rapid
onset and decay rates.
Any property receiving noise where the receiving property
is located within the Industrial Zoning District or Special Intensified
Agricultural Zoning District or such successor districts as shall
be utilized by the Township of Maidencreek on future zoning maps.
The steady-state, equivalent noise level over a given one-hour
period of time that would have the same acoustical energy as the actual
varying noise level over that same time period.
Any vehicle propelled or drawn on land by an engine or motor
used for power.
A device for abating the sound of escaping gases of an internal
combustion engine or motor.
Characterized as unwanted sound. Any sound that annoys or
disturbs humans or causes or tends to cause an adverse psychological
or physiological effect on humans.
Any sound at or exceeding any or all of the sound level limitation
noise criteria identified in this chapter, and/or any specific acts
constituting a noise disturbance identified in this chapter.
Any individual, corporation or other legal entity.
Any self-propelled airborne, waterborne, or landborne plane,
vessel or vehicle, which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket.
The real or imaginary line and its vertical extension which
separates real property owned or controlled by one person from that
which is owned or controlled by another person.
The future noise level associated with a proposed subdivision,
land development, facility/land use, derived by noise monitoring,
noise modeling, and/or other mathematical computation.
Any street, highway, road, sidewalk, avenue, alley, or boulevard
which is leased, owned or controlled by a governmental entity.
Any property where the receiving property is located within
the Agricultural Zoning District, Low-Density Residential Zoning District,
Moderate-Density Residential Zoning District, High-Density Residential
Zoning District, Village Density Residential Zoning District, Multifamily
Residential Zoning District or Commercial Residential Zoning District,
or such successor district as shall be utilized by the Township of
Maidencreek on future zoning maps.
The instantaneous sound pressure level measured in decibels
with a sound level meter set for A-weighting on slow response speed,
unless otherwise noted.
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighting networks, used for measurement of sound
pressure levels conforming to Type 1 or Type 2 standards as specified
in ANSI Standard S1.4, Specifications of Sound Level Meters, 1983
(R1990), or the latest version thereof.
The Township of Maidencreek, Berks County, Pennsylvania acting
by and through its Board of Supervisors or its authorized designees.
The following are sound level limitation noise criteria to be
followed when evaluating noise levels within the Township:
A.Â
Maximum allowable noise increase. No person shall allow, cause, transmit,
or propose the operation of any sound source on a particular property,
zoning district, public right-of-way, or public space in such a manner
as to create a sound level that exceeds average hourly equivalent
A-weighted [Leq(h)] background sound levels by 10 dBA or greater during
daytime hours (6:00 a.m. until 10:00 p.m.) and by five dBA or greater
during nighttime hours (10:00 p.m. until 6:00 a.m.), when measured
at or within the property line of the receiving property. Such a sound
level increase would constitute a noise disturbance and a violation
of this chapter.
B.Â
Maximum permissible noise level. Additionally, noise levels from
existing and/or proposed facilities may not exceed the absolute noise
level limitations identified in Table 1. Sound levels at or above
those shown in Table 1 would constitute a noise disturbance and a
violation of this chapter.
|
Table 1
Maximum Permissible 1-Hour Leq(h)
| |||
|---|---|---|---|
|
Receiving Property
| |||
|
Residential
|
Commercial/Industrial
| ||
|
6:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 6:00 a.m.
|
All times
| |
|
60 dBA
|
55 dBA
|
65 dBA
| |
C.Â
Impulsive sounds. Impulsive sounds are sounds that last for short
durations (usually less than one second), with an abrupt onset and
a rapid decay. Some examples would include explosions from mining
operations, the discharge of firearms, discharge of fireworks, test
revving of engines or motors, or other sounds of a similar nature.
Sounds of this nature may not equal or exceed a maximum noise level
(Lmax) of 80 dBA, when measured at or within
the property line of the receiving property. Impulsive sounds at or
above 80 dBA (Lmax) would constitute a noise
disturbance and a violation of this chapter. [Note: Noise measurements,
estimates, and/or predictions should be performed to represent worst-case
conditions or noise hour(s). As such, it may be necessary to evaluate
the fluctuations in noise over a typical twenty-four-hour day and
identify those periods/hours that would have the greatest potential
for noise levels or noise level increases (between existing to future
conditions).]
D.Â
Any noise made between the hours of 10:00 p.m. and 6:00 a.m. which
can be heard at a distance of a one-mile radius or more from the source
of the sound by a reasonable person of normal sensibilities shall
be deemed to be at a level which violates this chapter without the
necessity of performance of a measurement and is considered a per
se violation of this chapter.
A.Â
In addition to the violations of noise level limitations set forth
above, the following items and the causes thereof are declared to
be in violation of this Noise Ordinance and constitute a noise disturbance
if the use or activity occurs between the hours of 10:00 p.m. and
6:00 a.m. and causes sound that annoys or disturbs a reasonable person
of normal sensibilities on a residential receiving property:
(1)Â
Operating, playing, or permitting the operation or playing of any
radio, television, phonograph, drum, musical instrument, sound amplifier
or similar device which produces, reproduces, or amplifies sound either
indoors or outdoors at a place of public entertainment, on private
property, public right-of-way, or public space;
(2)Â
The operation of any sound amplification or reproduction device in
a vehicle;
(3)Â
The operation of a motor vehicle without an adequate muffler or exhaust
system to prevent any unreasonable noise;
(4)Â
The use and operation of any lawn maintenance device, including lawn
mowers, edgers, leaf blowers, trimmers, as well as other similar equipment
such as snow blowers;
(5)Â
The use of any tools or equipment used in construction, drilling,
earthmoving, excavating, or demolition work;
(6)Â
The repairing, rebuilding or testing of any motor vehicle, motorcycle,
motorboat, or aircraft (with or without mufflers);
(7)Â
Discharge of firearms or fireworks.
(8)Â
Loading, unloading, opening, closing or other handling of boxes,
crates, containers, building materials, trash dumpsters, garbage cans,
or similar objects.
(9)Â
Operating or permitting the operation of powered model vehicles.
B.Â
In addition to the violations of noise level limitations set forth
above, the following items and the causes thereof are declared to
be in violation of this Noise Ordinance and constitute a noise disturbance
if the use or activity causes sound that annoys or disturbs a reasonable
person of normal sensibilities on a residential receiving property
at any time of day:
(1)Â
Owning, possessing, harboring or controlling any animal or bird which
howls, barks, meows, squawks, or makes other sounds continuously and/or
incessantly for a period of 10 minutes or makes such noise intermittently
for 1/2 hour or more, regardless of whether the animal or bird is
situated in or on private property; provided, however, that at the
time the animal or bird is making such noise, no person is trespassing
or threatening to trespass upon private property in or upon which
the animal or bird is situated or for any other legitimate cause which
teased or provoked the animal or bird.
(2)Â
Engaging in loud or raucous yelling, hooting, or other disturbing-noise-producing
conduct.
The Supervisors of the Township may at any time and from time
to time promulgate regulations concerning this chapter and implementing
its provisions by resolution adopted at any duly constituted public
meeting.
The following noise is exempted from the provisions of this
chapter:
A.Â
Noise generated to request assistance or warn of a hazardous situation,
as part of providing emergency services, or is part of responding
to natural emergencies;
B.Â
Noise generated from an authorized warning alarm or siren, emergency
vehicle or a vehicle operated by a gas, electric, communications or
water/sewer utility;
C.Â
Noise generated from a bell, chime or similar device used by a church,
mosque, synagogue or a school;
D.Â
Noise generated from lawn care and other household maintenance equipment
and tools used between 6:00 a.m. and 10:00 p.m.;
E.Â
Noise generated from construction activities properly permitted by
Maidencreek Township between 6:00 a.m. and 10:00 p.m.;
F.Â
Noise generated from the engine of a motor vehicle on a public highway
that is subject to regulation exclusively by the Pennsylvania Department
of Transportation;
G.Â
Noise generated from community, school or municipality sponsored
or approved celebrations or special events;
H.Â
Noise generated from emergency backup generators used during a power
failure or other emergency situation, except that no recharge shall
occur between the hours of 10:00 p.m. and 6:00 a.m.; and
I.Â
Noise generated from agricultural production activities involving
agricultural animals, equipment, and field machinery (used and maintained
in accordance with the manufacturer's specifications).
A.Â
For subdivision and land development applications where intensification
or change of existing uses on the property are being proposed by the
applicant, the Township may require that noise impact studies be submitted
for review and approval with preliminary or final subdivision/land
development plan application.
B.Â
Where public health, safety and welfare are at issue, the Township
may also, through its Board of Supervisors, require that noise impact
studies be submitted with an application for amendment or change of
the Zoning Ordinance[1] or Official Zoning Map, building permit applications or
conditional use applications; and through its Zoning Hearing Board,
require that noise impact studies be submitted for consideration as
part of any special exception, variance, or appeal applications.
A.Â
Township designees and associated technical advisors shall be afforded
the right to enter the originating and receiving properties to monitor
and investigate compliance with this chapter.
B.Â
Where property owners cooperate with the Township designee and associated
technical advisors, and corrective action is deemed to be necessary
to comply with this chapter, the Township may provide an initial informal
notification to the originating property regarding the appropriate
remedial action necessary.
C.Â
Where cooperation and/or corrective action is not provided, or where
the nature of the violation does not allow for the initial informal
notification, the Township shall have the right of entry and may also
pursue other appropriate legal action.
A.Â
Any person who creates any noise disturbance shall be guilty of a
violation of this chapter and shall pay a fine not to exceed $1,000
for each offense. This chapter shall be enforced by action brought
before a Magisterial District Judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. The Municipal Solicitor or the Code Enforcement
Officer may assume charge of the prosecution without the consent of
the District Attorney as required by Pa. R. Crim. P. No. 83 (relating
to trial in summary cases). Each day or portion thereof that such
violation continues or is permitted to continue shall constitute a
separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
B.Â
The Maidencreek Township Board of Supervisors may also take any other
appropriate action at law or equity, civil or criminal, to enforce
the provisions of this chapter and recover the fees, expenses and
costs associated with enforcement. This chapter shall in no way restrict
any other remedies, including but not limited to injunctive relief,
and other remedies otherwise available and provided by law.
