[HISTORY: Adopted by the Council of the Municipality
of Murrysville 12-5-2001 by Ord. No. 583-01.[1]; amended in its entirety 9-21-2011 by Ord. No. 845-11.
Subsequent amendments noted where applicable.]
A.
Maximum noise limits are a function of the zoning district and time
of day. They are upper limits, not goals for the community. This chapter
promotes quiet throughout the community through the use of quieter
products by phasing out noisy equipment. The long-term goals is to
gradually reduce noise within the community while maintaining prosperous
growth. Existing community noise may be lower than these limits; hence,
these limits are noise levels not to be exceeded.
B.
It is accepted that some sounds are inherent and acceptable to the
community, but intrusive noise is not. Intrusive noise will be limited
by using a standard that consists of four acoustic metrics that include
average sound level, maximum sound level, peak sound levels and pure-tone
levels.
C.
This chapter does not regulate noise on the property, but it does
limit noise leaving the property, including off-premises, operations
which impinge on any receiving location on any real receiving property
as defined by this chapter.
As used in this chapter, the following abbreviations shall have
the meanings indicated:
ANSI
|
American National Standards Institute
|
CLAL
|
Collective log average level
|
CNL
|
Combined noise level
|
CM
|
Compliance metric
|
DPE
|
Domestic power equipment
|
IN
|
Intrusive noise
|
INL
|
Intrusive noise level
|
INLL
|
Intrusive noise level limit
|
INS
|
Intrusive noise source
|
LAL
|
Log average level
|
LAL1
|
Log average level 1
|
LAL2
|
Log average level 2
|
LAL3
|
Log average level 3
|
LAL4
|
Log average level 4
|
NCS
|
Normal community sounds
|
NES
|
Natural environmental sounds
|
NL1
|
Noise Limit 1
|
NL2
|
Noise Limit 2
|
NL3
|
Noise Limit 3
|
NL4
|
Noise Limit 4
|
PTL
|
Pure tone level
|
PTLCC
|
Pure-tone level curve criteria
|
RRP
|
Real receiving property
|
RSP
|
Real source property
|
A.
Noise terminology not defined below will adhere to ANSI SI.1-1994
American National Standard Acoustical Terminology.
B.
AMBIENT SOUND
COLLECTIVE LOG AVERAGE LEVELS (CLAL)
COMBINED NOISE LEVELS (CNLs)
COMPLIANCE METRICS (CMs)
COMPRESSORS AND BLOWERS
(1)
(2)
CONSTRUCTION
CONSTRUCTION EQUIPMENT
DAYTIME HOURS
DECIBEL
dBA
DOMESTIC POWER EQUIPMENT (DPE)
EMERGENCY WORK
EQUIPMENT
EVENING HOURS
EVENT
EXCESSIVELY LOUD NOISE SOURCES
(1)
(2)
(3)
EXISTING EQUIPMENT
FANS
FARM LIVESTOCK
FARM FOWL
FAST RESPONSE
FREQUENCY
HARMONIC
HVAC EQUIPMENT
INTERVAL
INTRUSIVE NOISE (IN)
INTRUSIVE NOISE SOURCE (INS)
INSTRUSIVE NOISE LEVEL LIMITS (INLLs)
LOG AVERAGE LEVEL (LAL)
(1)
(2)
MINING DEVELOPMENT
MINING OPERATIONS
MOTORCYCLE
MOTOR VEHICLE
MUFFLER
NARROW-BAND ANALYSIS
NATURAL ENVIRONMENTAL SOUNDS (NES)
NIGHTTIME HOURS
NOISE
NOISE LIMIT 1 (NL1)
NOISE LIMIT 2 (NL2)
NOISE LIMIT 3 (NL3)
NOISE LIMIT 4 (NL4)
NORMAL COMMUNITY SOUND (NCS)
OIL AND GAS DEVELOPMENT
OIL AND GAS OPERATIONS
PERSON
PERIOD
PROPERTY BOUNDARY
PURE TONE
PURE TONE LEVEL (LPTL)
PURE TONE LEVEL CURVE CRITERIA (PTLCC)
REAL RECEIVING PROPERTY (RRP)
RECREATIONAL VEHICLES
REAL PROPERTY
RECEIVER LOCATION
REAL SOURCE PROPERTY (RSP)
SHORT-TERM CONSTRUCTION
SHORT-TERM EVENT
SITE DEVELOPMENT
SOUND
SOURCE LOCATION
SPECIAL CONSTRUCTION VEHICLE
TRANSPORTATION NOISE
WARNING DEVICE
WEEKDAY
WEEKEND
WINDSCREEN
As used in this chapter, the following terms shall have the meanings
indicated:
The intrinsic sounds that occur in a community without significant
measureable effects of normal community sounds, natural environmental
sounds, or intrusive noise.
The four log average levels for each of the four compliance
metrics that are computed from 20 or more intervals during a single
period.
When multiple incoherent intrusive noise sources occur simultaneously
on one or more real source property(ies), the combined noise level
of all intrusive noise sources will be used to determine compliance
with the four intrusive noise level limits at the real receiving property(ies).
The additive combined effect of these incoherent sources is computed
by:
Where:
| |||
Lpt
|
=
|
Total sound-pressure level (or sound level), in dB (dBA).
| |
Lp1
|
=
|
Sound-pressure level of first source (or sound level), in dB
(dBA).
| |
Lp2
|
=
|
Sound-pressure level of second source (or sound level), in dB
(dBA).
| |
Lpn
|
=
|
Sound-pressure level of "nth" source (or sound level), in dB
(dBA).
| |
Po
|
=
|
Standard reference pressure of 20 micropascals.
|
The combined acoustic metrics of the LEQ, LMAX, LPK, and LPTL, which are simultaneously measured during the same
interval during a single period. These acoustic metrics are the equivalent
continuous sound level (LEQ), A-weighted fast-response
maximum sound level (LMAX), unweighted peak,
sound-pressure level (LPK), and unweighted
narrow-band pure-tone level (LPTL). The acoustic
reference is 20 micropascals using either the RMS or peak, as appropriate.
Devices used to move fluids, especially gaseous fluids. Typical
devices include but are not limited to reciprocating, lobe, roots,
screw, and related ones.
Devices used to intake or exhaust, extract, or move fluids,
air, fumes, and gases. Typical applications include but are not limited
to compressors and blowers of buildings, factories, industrial plants,
mine ventilation, radiators, bag houses, and related similar uses.
Will include but not be limited to any site preparation,
assembly, erection, demolition, substantial repair, maintenance, alteration
or similar action for or of housing or other structures, public or
private rights-of-way, structures, utilities, or similar property,
including grading or contouring terrain for buildings and public and
private roads. Site preparation will include that of electrical substations,
sewage plants, water treatment plants, oil and gas development, mine
development and to include but not be limited to related short-term
work. The time duration of construction will be limited to that defined
by the permit of the issuing authority, whether local, county, state
or federal agency.
Equipment used during construction or demolition, including
but not limited to heavy trucks, pay loaders, tractors, power shovels,
air compressors, cranes, graders, jackhammers, hammers, nail guns,
conveyors, concrete and cement mixers, generators, welders and drilling
rigs.
The hours between 7:00 a.m. and 6:00 p.m. on weekdays; the
hours between 9:00 a.m. and 6:00 p.m. on weekends and holidays.
A unit of level when the base of the logarithm is the tenth
root of 10 and the quantities concerned are proportional to power;
unit symbol, "dB."
A unit of A-weighted sound level; the weighted sound-pressure
level by the use of the A-metering characteristic and weighting specified
in ANSI Specifications for Sound Level Meters.
Equipment that includes but is not limited to equipment driven
by batteries, electric motors, air-driven motors, internal-combustion
engines, or other sources of power-driven equipment that is used for
household and residential applications. DPE includes, by way of example
but not limited to, lawn mowers, hedge trimmers, lawn and garden tractors,
tillers, chainsaws, drills, saws, impact wrenches, portable residential
generators, portable pumps, trimmers, power washers, snowblowers,
leaf and related blowers, mulchers, chippers, leaf vacuums, and related
equipment.
Any work that is performed or required to restore property
to a safe condition following a public calamity, work required to
protect persons or property from an imminent exposure to danger, or
work by private or public utilities for providing or restoring immediately
necessary utility service.
Any stationary or portable device or any part thereof capable
of generating sound or noise that could exceed the intrusive noise
level limits based on a combination of both level and time duration.
The hours between 6:00 p.m. and 10:00 p.m.
Not-for-profit events sponsored by nonprofit organizations
or community groups and others, as appropriate. Events will include
but are not limited to school games, school sports, church bazaars,
and community fairs. The normal sounds which are not excessively loud
associated with these events will include but are not limited to cheering
crowds, bands, referee whistles, nonamplified music and similar sounds.
This will include people or equipment.
Any equipment that is louder than normal for equipment of the
same type, especially for identical equipment of the same make and
model that is in good working order, by example but not limited to
domestic power equipment, farm equipment, portable generators, standby
emergency generators, pumps, or construction equipment with a defective
muffler, and HVAC equipment, including those with bad bearings or
squealing belts.
Also people's voices or sounds/noises made by them, which
are louder than necessary for the situation. By example: loud or rowdy
parties, gathering of groups of people where voices or sounds/noises
made by them are louder than reasonably necessary for the situation.
Any equipment, apparatus, and/or device that has existed,
has been installed or used, and has been in operation on the real
source property before enactment of this chapter. This applies to
ones that are permanently installed, movable, or portable. This will
include but not be limited to existing domestic, power equipment and
existing HVAC equipment. By example, residential, commercial, industrial
and other equipment will include but not be limited to fans of all
types, air conditioners of all types, rooftop- and ground-level condensing
units, gas- or electric-powered lawnmowers and weed trimmers, leaf
blowers, lawn and garden tractors, generators, motors and engines,
chainsaws, fluid compressors of all types, fluid regulating valves,
and all, devices of any type that are capable of producing sound or
noise that exceeds the intrusive noise level limits based on a combination
of both level and time of duration.
Devices used to move gaseous fluids, normally but not limited
to air and fumes. Typical devices include but are not limited to centrifugal
fans, propeller fans, and axial vane fans. Devices, which are normally
fans, are used to intake or exhaust, extract, or move air, fumes,
and gases. Typical applications include but are not limited to fans
of buildings, factories, industrial plants, mine ventilation, radiators,
restaurants, household window units, and bag houses, and related similar
uses.
Farm animals, to include but not limited to cows, horses,
and pigs, kept on a farm located on agricultural land or other land
as authorized by the Zoning Ordinance.[1]
Fowl, to include but not limited to chickens, turkeys, geese,
and ducks. Fowl will kept on a farm located on agricultureal land
or other land as authorized by the Zoning Ordinance.
The nominal exponential averaging time of 1/8 second as measured
with a sound-level meter that complies with ANSI standards.
For a function periodic in time, the reciprocal of the period;
Unit, hertz (Hz).
Sinusoidal quantity that has a frequency which is an integral
multiple of the frequency of the periodic quantity to which it is
related.
Commercial and residential heating, ventilation, and air-conditioning
equipment as part of a closed-loop system that includes air handlers,
compressors, condensing units, chillers, and residential air conditioners.
A one-minute interval where the compliance metrics of LEQ, LMAX, LPK, and LPTL are simultaneously measured.
Noise exceeding the normal ambient sound of the community
without the significant measureable effects of normal community sounds
and natural environment sounds. Intrusive noise includes but it is
not limited to excessively loud voices of individuals or groups of
people, amusement parks, nightclubs, bars, restaurants, commercial
sport activities, car racing, fans of all types, compressors and blowers
of all types, HVAC equipment, firecrackers, backup alarms of nonlicensed
vehicles, bulldozers, payloaders, graders, material moving equipment,
compressor-driven engines and motors and their radiator fan, mine
ventilation fans, paging systems, standby generators, baghouse fans,
gas flaring, gearboxes, electric motors, reciprocating engines, gas
turbines, including their exhaust and turbine body noise, excessively
loud condenser fans, excessively loud music, excessively loud stereo
equipment, rowdy crowds, excessively loud parties, model airplanes
and cars, excessively loud domestic power equipment, excessively loud
commercial and residential HVAC, and related items. Intrusive noise
does not include natural environmental sounds or normal community
sounds.
A noise source that occurs on a real source property, RSP,
or other location on either public or private property, that causes
intrusive noise to occur on any real receiving property, RRP, either
private or public property. "Intrusive noise source" shall also mean
the combined noise level, CNL, of more than one source located on
one real source property or public property that generates intrusive
noise on a real receiving property. By example, the CCE could be many
HVAC sources on the roof of a single building or several buildings,
or many sources distributed throughout the property of a single industrial
plant, or many of them, that impact on a real receiving property.
The noise level limits of Noise Limit 1 (NL1), Noise Limit
2 (NL2), Noise Limit 3 (NL3) and Noise Limit 4(NL4).
The logarithmic average for each of the four compliance metrics
consisting of the equivalent continuous level (LEQ), maximum sound level (LMAX), peak sound-pressure
level (LPK) and PTL (LPTL), where LXX represents either the LEQ, LMAX, LPK, and/or LPTL. The log average level is computed
for each of the compliance metrics by:
The four log average levels using 20 or more intervals from
a single period are:
Site development for a commercial mine and its related facilities
that includes but is not limited to site preparation, mine site construction
of a reasonable and limited duration and the installation of equipment
and apparatus that will be needed to operate the mine. This will include
site preparation and restoration.
The ongoing operation of a mine of any type that is producing
the product, such as coal, gravel, sand, and other raw materials,
and the related transportation by haul truck, rail car, or conveyor
to a storage facility on site or off site. Operations and equipment
used for operations will entail but are not to be limited to the use
of material handling conveyors, material processing plants, stockpile
operations, mine ventilation fans, fans of all types, haul trucks,
bulldozers, graders, pay loaders, preparation plants, and any or all
potentially noisy apparatus used for the ongoing production of raw
materials that might exceed the intrusive noise level limits. Operations
will include normal maintenance and the movement of vehicles and construction-type
equipment on the site or to and from the site. Devices or equipment
remotely located from the site will be included in mine operations.
This will include but not be limited to conveyors and mine ventilation
fans. Equipment and facilities used for the operation of deep coal
mines, strip mines of all types, river dredging, sand and gravel mines,
and all other mining types are subject to the intrusive noise level
limits.
Any motor vehicle having a saddle for the use of the rider
and designed to travel on not more than three wheels in contact with
the ground. The term shall include motorized bicycles, motor scooters,
mopeds and the like.
Any vehicle that is self-propelled, used primarily for transporting
persons or property upon public highways and required to be licensed
under Pennsylvania law.
A device which is effective in reducing the sound or noise
of a fluid flow in, by way of example, but not limited to reciprocating
engines, regulating valves, fans, pumps, compressors, turbine engines,
and related items. The term "muffler" shall be construed to include
silencers.
Measurements made with dynamic analyzers, normally using
the Fast Fourier Transform Algorithm, to decompose a time signal into
its frequency components of level versus frequency consisting of a
spectrum level with a resolution of 1 Hz or less. Typical measurement
setups use Hanning Windows, at least 1 Hz resolution and preferably
1/8 Hertz resolution, and enough ensemble averages to measure the
magnitudes of pure tones, if they exist, or the components of a line
spectrum displayed as a spectrum level.
Environmental sounds that are inherent to the community and
are due to naturally occurring sounds that include but are not limited
to insects, rustling leaves, wind generated sound, wild birds, wild
animals, frogs, rain, lighting, or weather. NES shall not be construed
to include the noise of domesticated animals or excessively loud sounds
of a person.
The hours between 10:00 p.m. and 7:00 a.m. on weekdays; the
hours between 10:00 p.m. and 9:00 a.m. on weekends and holidays.
Undesired sound.
The equivalent continuous sound level, in dBA, that is not
to be exceeded for a given zoning district for a particular time of
day as specified in Table I of the intrusive noise level limits.
The A-weighted fast response maximum sound level that is
not to exceed the magnitude of the reference equivalent continuous
sound level of the intrusive noise level limits by more than 10 dBA
for a given zoning district for a particular time as specified in
the intrusive noise level limit of Table 1.
The unweighted peak sound-pressure level that is not to exceed
the decibel value of the reference equivalent continuous sound level
of the intrusive noise level limit by more than 20 dB for a given
zoning district for a particular time.
A pure-tone level, in dB, whose magnitude at a specific frequency
is 10 points below the pure-tone level curve for the reference equivalent
continuous sound level for the zone and time of day. PTL decibel magnitudes
for the specific tonal frequency will be based on linear interpolation
of the PTL curve values for the two nearest octave-band center frequencies.
Sounds that are inherent to the community and consistent
with the norms of this community, and are an integral part of the
normal community environment, and are ones that the average resident
would reasonably expect to occur in their community assuming they
are not excessively loud. Typical community sounds occurring at reasonable
and not excessively loud levels may include but are not limited to
children playing, occasional dog barks, domestic power equipment,
residential HVAC equipment, and other related sounds. These include
but are not limited to reasonable transportation sounds that meet
state, federal, and local noise requirements and limits. Sounds covered
by the special provisions of this chapter are subject to the strict
conditions of those provisions.
Site development for a commercial oil and gas well and its
related facilities that includes but is not limited to site preparation,
well site construction of a reasonable and limited duration, drilling
of the oil or gas well, hydraulic fracturing of the oil or gas well,
installation of equipment and apparatus that will be needed to operate
the well, as well as site restoration. The construction of compressor
stations and gas-processing facilities will be part of the development
phase. Equipment and apparatus will include but not be limited to
compressors, engines and/or motors, storage tanks, metering devices,
pipe installation for transmission to storage facilities or transportation
pipeline, and any other equipment associated with a drilling operation.
The ongoing operation of an oil or gas well and associated
facilities that are used in the production of oil and gas and the
related transportation of the products, to include but not be limited
to storage facilities that are on or off site and/or transportation
pipelines. Operations will entail but are not limited to the use of
compressors of all types; engines, especially those used to drive
compressors; electric motors, especially those used to drive compressors;
cooling equipment for both the prime mover and the intercooling stages
including their fans; regulating valves; noisy pipes, especially whose
fluid is being excited by a valve or compressor; pumps, and other
equipment, devices, or apparatus used for the ongoing production of
oil and gas along with their byproducts. Operations will include normal
maintenance and the movement of vehicles and construction type equipment
on the site or to and from the site. Devices or equipment remotely
located from the site will be included in oil and gas operations.
This will include but not be limited to fluid-pressure-boosting equipment
and regulating valves.
An individual, partnership, public or private association
or corporation, firm, trust, estate, Municipality, governmental unit,
public utility or any other legal entity whatsoever that is recognized
by law as the subject of rights and duties.
A single, twenty-four-hour period during which compliance
measurements are made to determine if the noise level limits are being
exceeded by the collective log average levels.
An imaginary line on the real receiving property, with a
vertical extension of that line above and below the surface of the
property at all elevations, that separates the intrusive noise source
or the combined noise level of more than one intrusive noise source
from the real source property. The property boundary can be associated
with either the source property or the receiving property when the
two properties are not defined by a common property boundary. "Property"
will mean both private and public property, whereas the intrusive
noise source may be on private property and affecting public property
or it may be on public property and affecting private property. "Property
boundary" will be understood to be the line that separates any intrusive
noise source at any elevation from any receiver location on a real
receiving property or public property.
The magnitude and frequency of a noise occurring at a discrete
frequency as determined by an Fast Fourier Transform measurement (narrow-band
analysis) of the noise with a dynamic analyzer using at least 1 Hz
and preferably 1/8 Hz resolution, a Hanning window, and sufficient
averaging to determine the magnitude of the pure tone level that is
exceeded 5% of the time (also referred to as the "exceedance rate
of Ls").
The magnitude of a discrete-frequency noise or sound, a pure
tone, expressed in decibels with a reference of 20 micropascals.
The series of curves defined in table 1 consisting of octave
band center frequency in Hertz (Hz) versus pure-tone level in unweighted
decibels (dB).
Octave Band Center Frequency
(Hz)
| ||||||||||
---|---|---|---|---|---|---|---|---|---|---|
Pure-Tone Level
|
16
|
32
|
63
|
125
|
250
|
500
|
1000
|
2000
|
4000
|
8000
|
PTL70 (dB)
|
101
|
96
|
91
|
86
|
81
|
76
|
72
|
68
|
64
|
60
|
PTL65 (dB)
|
96
|
91
|
86
|
81
|
76
|
71
|
67
|
63
|
59
|
55
|
PTL60 (dB)
|
91
|
86
|
81
|
76
|
71
|
66
|
62
|
58
|
54
|
50
|
PTL55 (dB)
|
86
|
81
|
76
|
71
|
66
|
61
|
57
|
53
|
49
|
45
|
PTL50 (dB)
|
81
|
76
|
71
|
66
|
61
|
56
|
52
|
48
|
44
|
40
|
PTL45 (dB)
|
79
|
74
|
68
|
62
|
56
|
51
|
47
|
43
|
39
|
35
|
PTL40 (dB)
|
78
|
71
|
64
|
58
|
51
|
46
|
42
|
38
|
34
|
30
|
PTL35 (dB)
|
76
|
69
|
61
|
54
|
46
|
41
|
37
|
33
|
29
|
25
|
PTL30 (dB)
|
74
|
66
|
58
|
49
|
41
|
36
|
32
|
28
|
24
|
20
|
PTL25 (dB)
|
73
|
64
|
54
|
45
|
36
|
31
|
27
|
23
|
19
|
15
|
PTL20 (dB)
|
71
|
61
|
51
|
41
|
31
|
26
|
22
|
18
|
14
|
10
|
PTL15 (dB)
|
69
|
59
|
48
|
37
|
26
|
21
|
17
|
13
|
9
|
5
|
PTL10 (dB)
|
68
|
56
|
44
|
33
|
21
|
16
|
12
|
8
|
4
|
0
|
The real property impacted by intrusive noise. The receiver
location affected by intrusive noise can occur anywhere on the real
receiving property at any elevation occurring within or on the property
or the boundary of it.
Off-road motor- and engine-driven vehicles, recreational
boats, and recreational aircraft, motorcycles used off road, licensed
or unlicensed by the Commonwealth of Pennsylvania. Recreational vehicles
include but are not limited to all-terrain vehicles (ATVs); dirt motorcycles;
dune buggies; personal watercraft; snowmobiles; ultra-light aircraft;
stock and race cars, whether used off or on tracks or race courses;
and racing, endurance or motocross motorcycles, whether, used on or
off tracks or race courses.
An interest or aggregate of rights in land that is guaranteed
and protected by law. For purposes of this chapter, the term "real
property" includes a leasehold interest.
Any point on the real receiving property (RRP) at any elevation.
The receiver location will include any point within or on the property
boundaries at any elevation that is at, above, or below ground level.
The receiver location does not have to be the point nearest to the
source location. Normally enforcement measurements will be made at
any location on the RRP that is needed to determine noncompliance
with this chapter for any locations adversely affected by the intrusive
noise, normally but not limited to people on the RRP.
Any real property containing a noise source or which collectively
contains more than one significant noise source whose collective effect
is to generate intrusive noise that affects any real receiving property
by crossing any property boundary that separates the two properties.
This boundary does not necessarily have to be a common boundary for
the two properties. The crossing may occur at any elevation, which
can be at, above, or below ground level.
The required time to complete the immediate project which
has been undertaken where progress is ongoing with a reasonable completion
date from the start of the project. An example would be repair of
a utility line.
The required time for the immediate event which is ongoing
and of a temporary nature, such as few hours, days or a week.
Any man-made change to a tract of land, including paving,
utilities, filling, grading, excavating, mining, dredging or drilling
operations.
See ANSI terminology S1.1-1994, Item 3.01.
The location, which can be stationary or moving, of an intrusive
noise source that transmits intrusive noise to any receiver location
on a real receiving property.
Any vehicle designed and used primarily for grading, paving,
earthmoving, and other construction work; and that is not designed
or used primarily for the transportation of persons or property on
a public highway; and that is only incidentally operated or moved
over the highway.
Sound generated by motorized modes of transportation lawfully
operating on public roads, railroad rights-of-way, commercial waterways,
or controlled airspace. The noises of these lawful modes of transportation
are covered by the appropriate agencies. Transportation noise does
not include noise generated by recreational vehicles.
Any device intended to provide public warning of potentially
hazardous, emergency or illegal activities, including but not limited
to a commercial, residential or vehicle burglar alarm, regulated and
licensed motor vehicle equipped with a backup signal, fire alarms,
law enforcement and fire vehicles and similar devices.
Any day, Monday through Friday, that is not a legal holiday.
The days of Saturday and Sunday or any legal holiday.
A porous device used to cover the microphone of a sound-level
meter to suppress the effect of air movement over the microphone that
causes false sound/noise.
These standards are to be followed using the applicable and
appropriate parts of the standard:
ANSI S1.1-1994, American National Standard Acoustical Terminology
|
ANSI S1.13-2005, American National Standard Measurement of Sound-Pressure
Levels in Air
|
ANSI S1.4-1983 (R 2006), American National Standard Specification
for Sound-Level Meters
|
ANSI S1.8-1989 (R2006), American National Standard Reference
Quantities for Acoustical Levels
|
ANSI S1.43-1997 (R2007), American National Standard Specifications
for Integrating-Averaging Sound Level Meters
|
ANSI S12.18-1994, American National Standard Procedures for
Outdoor Measurement of Sound-Pressure Level
|
A.
Prohibited conduct. Intrusive noise of one or more sources must not
acoustically radiate onto any receiver location on any real receiving
property where the intrusive noise level of a single source or the
combined noise levels of more than one intrusive noise source exceed
the intrusive noise level limits. These limits are specified below
for the various combinations of specific zoning types and times of
day.
B.
Noise level limits.
(1)
NL1: the equivalent continuous sound level (LEQ) for a specific zoning district and time of day as shown in Table
I.
Table I: Equivalent Continuous Sound-Level limits
(dBA)
| ||||
---|---|---|---|---|
Time of Day
|
Day
|
Evening
|
Night
| |
P-L, R-R and R-1 Districts
|
50
|
45
|
45
| |
R-2 and R-3 Districts
|
55
|
50
|
45
| |
MU and B Districts
|
65
|
60
|
55
|
(2)
NL2: the A-weighted fast-response maximum sound level (LMAX), which cannot exceed the magnitude of the appropriate
referenced NL1 by more than 10 dBA.
(3)
NL3: the unweighted peak sound-pressure level (LPK), which cannot exceed the decibel value of the appropriate referenced
NL1 by more than 20 dB.
(4)
NL4: All pure-tone levels (LPTL) must be at
least 10 points below the nominal PTLxy curve defined by appropriate
referenced NL1. "xy" is an integer value in decades from 10 to 70,
based on the numerical values of Table I for the zoning district and
time of day.
A.
B.
Measurements.
(1)
Compliance will be based on the measurement made with the compliance
metrics which are not to be exceeded based on the collective log average
levels of a single period using 20 or more intervals. These intervals
need not be contiguous. Intervals with the louder and preferably the
loudest noise should be used. When more than 20 intervals are used,
intervals with compliance metrics that have the largest magnitudes
will be used to compute the collective log average level for a single
period.
(2)
Measurements will normally (but not always) be made at a point or
points with the largest collective log average level at any receiver
location on the real receiving property.
(3)
Terminology and measurement practices will follow applicable ANSI
S1 and S12 standards. Compliance measurements will be made using a
calibrated ANSI standard integrating sound-level meter. The signal-to-noise
ratio will be greater than 10 dB with a dynamic range of at least
60 dB.
(4)
The effects of wind must be at least 5 dBA (or dB) or less for each
of the compliance metrics.
(5)
Measurements will exclude significant effects of natural environmental
sounds and normal community sounds. The signal-to-noise ratio of their
combined effect will be at least 5 dBA (dB) and preferably at least
10 dBA (or dB).
(6)
Impact/impulsive-type noises will be measured with the unweighted
peak sound-pressure level using a meter specifically designed for
these measurements that meets ANSI S1 standards for peak sound-pressure
level measurements. The fast response and the outdated impulse function
of a meter will not be used for measurements.
(7)
Pure tones will be measured using a narrow-band analysis to determine
the unweighted pure-tone level(s).
A.
Exemptions.
(2)
The intrusive noise level limits are not applicable to the following
situations:
(a)
Noise regulated by the Federal Aviation Administration, FAA,
and originating from FAA-regulated aircraft, helicopters, and airships
in flight within controlled airspace or landing or departing FAA or
Department of Transportation, DOT, sanctioned or regulated airports
or helipads. Engine- or motor-powered hang gliders and related devices,
ultra-light aircraft and other devices capable of powered flight that
are not regulated by the FAA are subject to compliance with this chapter.
(b)
Sound originating from safety and protective devices where noise
suppression would defeat the safety intent of the device when it is
being used for its intended purpose.
(c)
Sound originating from a warning device used for its intended
purpose.
(d)
Sound originating from emergency equipment and emergency work
necessary in the interest of law enforcement or of the health, safety
(including public safety) or welfare of the community.
(e)
Sound originating from all state, county and municipal snow
removal equipment. The noise of privately owned snow removal equipment
is exempted from this chapter during periods of substantial snowfall
and immediately thereafter until such time as both private and public
roads, sidewalks, and parking lots are cleared so as to prevent a
hazard to citizens.
(f)
Sound originating from emergency standby generators during emergency
use. The sound of routine testing of generators shall comply with
the intrusive noise level limits, unless such testing occurs during
daytime hours, during which time the generators can exceed the intrusive
noise level limits by no more than 20 dBA (20 dB for LPK) for one cumulative hour or less per seven-calendar-day period.
Noise-control devices such as mufflers, silencers, and noise enclosures
will be used as necessary to achieve compliance with this chapter.
(g)
Noise of trains regulated by the Federal Railroad Administration
(FRA).
(h)
Sounds of motor vehicles, including cars and trucks and motorcycles,
being operated legally and in compliance with the noise regulations
of the Pennsylvania Department of Transportation. Any of these operating
with nonapproved mufflers and producing excessive noise will be in
violation of this chapter. No exemption or exclusion is made for recreational
vehicles of all types that are not licensed for use on public roads
and subject to state vehicle inspection laws and rules. These include
but are not limited to ATVs, quads, UTVs, snowmobiles, dirt-bike motorcycles,
dune buggies, racing-type tractors, dragsters, formula one cars, closed-circuit
cars of all types, stock cars, sprint cars, race cars or vehicles
of all types, boats, drag boats, and air boats.
B.
Special provisions.
(1)
These special provisions are intended to make provisions for normal
community sounds that occur for reasonable sound levels and time durations
so as not to create a hardship for members of the community, both
private and commercial. Most provisions are intended to cover situations
with existing equipment but go on to promote the use of quieter equipment
when replacing, upgrading, or buying new equipment and devices. Other
special provisions are made for situations of a short-term nature
or construction activities.
(2)
The sounds of existing domestic power equipment, when operated and
used upon any residential, commercial, industrial, or special use
property, may exceed the intrusive noise level limits by no more than
10 dBA (10 dB for LPK) without any time restriction,
provided that this equipment is in good working order and meets the
manufacturer's original sound level and/or sound specifications,
and it cannot be excessively loud. This equipment may exceed the intrusive
noise level limits by no more than 20 dBA (20 dB for LPK), provided that the total time does not exceed one hour per continuous
twenty-four-hour period or three collective hours in seven consecutive
twenty-four-hour periods. If a noise specification does not exist
for the equipment, then the equipment must not exceed the noise level
of the original equipment as manufactured and used as intended by
the manufacturer in good working order and properly muffled. New,
replacement, or upgrades in existing equipment put into service after
the enactment of this chapter will meet the intrusive noise level
limits unless it not technically feasible to do so.
(3)
All existing HVAC equipment, fans of all types, compressors of all
types, and fluid-moving devices, including those of the commercial
and residential type, may exceed the intrusive noise level limits
if the equipment is in good operating condition and working order,
meets the manufacturer's original noise level, and was placed
in operation on the source property before December 5, 2001. Existing
equipment will not be subject to any time restriction but must not
be excessively loud. New, replacement, or upgrades of existing equipment,
which will include but not be limited to HVAC equipment, fans, compressors,
and fluid-moving devices, must comply with the intrusive noise level
limits. Noise-control devices will be used as necessary to achieve
compliance with this chapter for all equipment put into service after
enactment of this chapter.
(4)
The noise of construction and short-term construction may exceed
the intrusive noise level limits only on weekdays during daytime hours,
provided that earnest efforts are made to minimize the noise generated
by these efforts. Noise control will include proper muffling of all
engines, motors, or turbine-driven equipment. Other noise controls
will be used as appropriate, such as noise enclosures on excessively
loud engines, earthen berms, barriers, lagging, properly muffled pneumatic
devices, noise-enclosed air compressors and noise-enclosed generators.
Construction noise includes:
(a)
Construction of all types, that is to include but not be limited
to buildings, houses, commercial and industrial facilities, and related
activities.
(b)
Oil and gas development, including site development and the
construction of all facilities related to its ongoing operation and
gas transmission or storage.
(c)
Mining development, including site development and the construction
of all facilities.
(d)
Demolition of buildings and structures.
(f)
The use of construction equipment.
(5)
The sounds of nonprofit events, including but not limited to those
requiring permits issued by the Municipality, will be excluded from
the intrusive noise level limits for the duration of the event. All
for-profit events are subject to the intrusive noise level limits.
(6)
The normally occurring sounds of events sponsored by nonprofit organizations,
such as nonprofit sports teams, community associations and groups,
churches, schools, and colleges are excluded from the intrusive noise
limits, provided that they are not excessively loud in the context
of the event. Cheering crowds, referee voices, whistles, bands and
music directly associated with these events and not external to then
are considered normal community sounds. External activities, such
as tailgate parties and parking lot activities, are not exempt and
are subject to the intrusive noise level limits as measured at any
real receiving property that might be affected by the event.
(7)
Existing equipment used for commercial farming, nurseries, and golf
courses is excluded from this chapter, provided that the equipment
is in good working order and it meets the original sound levels of
the equipment when originally manufactured for that make and model.
New, replacement, or upgrades to this equipment made after the enactment
of this chapter must meet the intrusive noise level limits.
(8)
Pulsating, intermittent, impulsive, impact, or fluctuating noises
and combinations thereof, especially those with a tonal nature which
are clearly audible in the presence of natural environmental sounds
and normal community sounds, are not permitted during the nighttime
hours. Examples include but are not limited to backup alarms, bells,
whistles, horns, blasting, gunfire, hammer blows, and pile driving.
Reasonable efforts will also be made to avoid or minimize these types
of noises during the evening hours.
(9)
The sounds of farm livestock and fowl located on a privately owned
farm located in an agricultural zone or other permitted districts
are exempt from the intrusive noise level limits. Privately owned
animals, mammals, fowl, and reptiles, especially dogs and cats, are
subject to the intrusive noise level limits. The noise of commercial
farms, commercial kennels, dog breeding and day-care facilities, and
animal facilities are subject to the intrusive noise level limits.
(10)
Oil and gas development and mining development is subject to
the construction provisions of this noise chapter. Oil and gas operations
and mining operations are subject to the intrusive noise level limits.
If doubt exists, as to whether development or operations is occurring,
operations will be assumed, and the intrusive noise level limits will
be used for compliance with this chapter.
(11)
Sounds originating from church bells or electronically generated
bell sounds used for commonly accepted purposes based on the time
of day and the day of the week. The excessive uses of bells or electronically
generated bell sounds is not permitted. The time of day and day of
the week will be factors in determining whether the sounds are excessive.
"Excessive" will be sounds that are too loud and/or frequent with
long durations per bell operation episode.
A.
Responsibility.
(1)
It shall be the duty of the Community Development Department and/or
the Police Department to administer and enforce the provisions of
this chapter.
(2)
The Police Department shall enforce standards for nonstationary sources
of noise (motor vehicles, parties, stereos and similar sources).
(3)
The Community Development Department or its agent shall enforce standards
for stationary sources of noise (compressors, construction equipment,
building equipment and similar sources).
(4)
Personnel from either the Police Department or the Community Development
Department or its agent, trained in the use of sound-measuring equipment,
shall be permitted to take measurements at any source of noise.
B.
Administration. In administering the provisions of this chapter,
the Municipality, the Community Development Department or its agent
and/or the Police Department may, with appropriate authorization,
undertake any of the following actions:
(1)
Conduct studies related to public annoyance due to noise and monitor
sound levels in the Municipality.
(2)
Coordinate community efforts in noise control, including control
activities conducted by all municipal departments, and cooperate with
adjoining municipalities and other appropriate state or federal agencies
to address noise issues.
(3)
Review public and private projects for the purpose of determining
whether such projects are in compliance with this chapter, how such
projects intend to remain in compliance with this chapter, and determination
of the adequacy of any acoustic screening proposed to control noise.
Any costs incurred by the Municipality in review of such projects
shall be borne by the applicant for project approval.
(4)
Conduct inspections upon any location, site or premises which may
be the source of noise which violates the provisions of this chapter
pursuant to all due process requirements of the Commonwealth of Pennsylvania
or the United States of America.
(5)
Stop moving vehicles to inspect them and, if necessary, to issue
a notice of complaint to the driver of such vehicle if found to be
in violation of the provisions of this chapter.
(6)
Require any owner or operator convicted of violating the compliance
metrics, to make measurements (at his own expense) of sound levels
from any source, according to methods and procedures specified by
the Municipality, and to furnish the Municipality with reports of
such measurements.
C.
Enforcement. The procedure for enforcement of this chapter shall
be as follows:
(1)
Complaints shall be submitted in writing on a form provided by the
Municipality.
(2)
Upon receiving a complaint, municipal personnel or their agent shall
conduct measurements at the receiving property.
(3)
Upon determination that the noise source is exceeding the limits
of the compliance metrics, the Municipality shall issue a notice of
complaint to the person responsible for controlling the source of
the noise. The notice of complaint shall be signed by either the Director
of Community Development or the Chief of Police or, in their absence,
by the designated officer in charge.
(4)
The notice of complaint shall list the source of the noise, the nature
of the violation, an order to abate the noise within a time frame
determined by the Municipality, and a description of the penalties
which may be incurred for failure to abate the noise.
(5)
Failure to abate the noise within the time frame determined by the Municipality shall result in the filing of a citation pursuant to § 157-8 of this chapter.
(6)
All plans for work operations and construction must contain a stipulation
that the person submitting has reviewed provisions of this chapter
and that the submittal conforms to all provisions of this chapter.
D.
Need for corrective action.
(1)
If the Municipality determines at any time that noise levels specified
in this chapter have been exceeded, the applicant/developer/owner
or any others shall be advised of corrective measures required within
a period of time set by the Municipality. For nonstationary sources
of noise, the required period of time may be an immediate correction.
For stationary sources of noise, the required period of time shall
be a minimum of eight hours.
(2)
If such measures are not taken by the owner or any others within
the designated period of time, the Municipality may cause the work
to be done and lien all costs against the property.
(3)
The following actions or causing thereof are prohibited:
(a)
The removal or rendering inoperative by any person, other than
for purposes of maintenance, repair, or replacement, of any noise-control
device or element of design or noise label of any product used in
the control of noise, which results in noise being generated that
violates the compliance metrics.
(b)
The knowing use of a product which has had a noise-control device
or element of design or noise label removed or rendered inoperative
that results in noise being generated.
E.
Special waivers.
(1)
Council shall have the authority, consistent with this chapter and Chapter 220 of the Municipal Code, to grant special waivers that violate the compliance metrics.
(2)
Any person seeking a special waiver pursuant to this chapter shall
file a written application with supporting documentation to the Council
of the Municipality of Murrysville containing information that demonstrates
that bringing the source of sound or activity for which the special
waiver is sought into compliance with this chapter would constitute
an unreasonable hardship on the applicant and would be in the best
interest of the health, safety and welfare of the residents of the
Municipality of Murrysville or the health and safety of the workers
on site. Such hardship shall not be financial in nature.
(3)
Council shall decide to grant or deny the waiver based upon the adverse
impact on the health, safety and welfare of persons affected or the
adverse impact of property affected.
(4)
Special waivers which are granted shall include all necessary conditions,
including time limits on the permitted activity, which apply to the
waiver. Applicants must agree to all conditions in writing. Noncompliance
with any condition of any granted special waiver shall terminate said
waiver and subject the persons holding it to all provisions of this
chapter.
F.
Penalties.
(1)
Anyone violating the terms of this chapter shall be guilty of a summary
offense and, upon conviction, shall be subject to a fine or penalty
of not more than $300 for each and every violation. All costs incurred
by the Municipality in the enforcement and abatement of any violation
of this chapter shall be recoverable upon conviction of a summary
offense. Each day that the violation continues after proper notification
(notice of complaint) shall be a separate offense.
(2)
The Municipality may lien any property of any person convicted of
a summary offense to collect all court-ordered fines and recoverable
costs.
(3)
In addition thereto, the Municipality may institute injunctive, mandamus
or any other appropriate action or proceeding at law or equity for
the enforcement of this chapter or to correct violations of this chapter,
and any court of competent jurisdiction shall have the right to issue
restraining orders, temporary or permanent injunctions or mandamus
or other appropriate forms of remedy or relief.