[HISTORY: Adopted by the Borough Council of the Borough of
Trainer 10-12-1978 by Ord. No. 473 (Ch. 10, Part 4, of the 1985 Code
of Ordinances). Amendments noted where applicable.]
This chapter may be cited as the "Noise Control Ordinance of
the Borough of Trainer."
This chapter shall apply to the control of all sound and vibration
originating within the limits of the Borough of Trainer.
As used in this chapter, the following terms shall have the
meanings indicated:
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) or dBA.
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition, for or of
public or private rights-of-way, structures, utilities or similar
property.
The twenty-four-hour energy average of the A-weighted sound
pressure level with the levels during the period 10:00 p.m. to 7:00
a.m. the following day increased by 10 dBA before averaging.
A unit for measuring the volume of a sound 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).
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces, or similar property.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
The constant sound level that, in a given situation and time
period, conveys the same sound energy as the actual time-varying A-weighted
sound. (For the purposes of this chapter, a time period of 24 hours
shall be used, unless otherwise specified.)
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of sources of impulsive
sound include explosions, drop forge impacts, and the discharge of
firearms.
Any vehicle which is propelled or drawn on land by a motor,
such as but not limited to passenger cars, trucks, truck-trailers,
semitrailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies, or racing vehicles, but not including motorcycles.
Any vessel which operates on water and which is propelled
by a motor, including, but not limited to, boats, barges, amphibious
craft, water-ski towing devices and hovercraft.
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including,
but not limited to, motor scooters and minibikes.
A device for abating the sound of escaping gases of an internal
combustion engine.
Any sound which annoys or disturbs humans or which causes
or tends to cause any adverse psychological or physiological effect
on humans.
Any sound which: a) endangers or injures the safety or health
of humans or animals; or b) annoys or disturbs a reasonable person
of normal sensitivities; or c) endangers or injures personal or real
property.
Any area designated pursuant to § 170-4B(9) of this chapter for the purpose of ensuring exceptional quiet.
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry people, including,
but not limited to, any model airplane, boat, car or rocket.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Any sound which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes of this chapter, a pure
tone shall exist if the 1/3 octave band sound pressure level in the
band with the tone exceeds the arithmetic average of the sound pressure
levels of the two contiguous 1/3 octave bands by five dB for center
frequencies of 500 Hz and above and by eight dB for center frequencies
between 160 and 400 Hz and by 15 dB for center frequencies less than
or equal to 125 Hz.
Any imaginary line along the ground surface and its vertical
extension which separates the real property owned by one person from
that owned by another person, but not including intrabuilding real
property divisions.
The square root of the time-averaged square of the sound
pressure, denoted as "Prms."
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network. If the frequency
weighting employed is not indicated, the A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting
networks used to measure sound pressure levels.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
Twenty times the logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micropascals
(20 x 10-6 N/m2). The sound pressure level is denoted Lp or
SPL and is expressed in decibels.
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
Any day Monday through Friday which is not a legal holiday.
A.
CPSC. The noise control program established by this chapter shall
be administered by the CPSC or his designated agent.
B.
Powers of the Chairman of the Public Safety Committee. In order to
implement and enforce this chapter and for the general purpose of
sound and vibration abatement and control, the CPSC or his designated
agent shall have, in addition to any other authority vested in him,
the power to:
(1)
Studies. Conduct or cause to be conducted research, monitoring and
other studies related to sound and vibration.
(2)
(3)
Coordination and cooperation.
(a)
Coordinate the noise and vibration control activities of all
Borough departments;
(b)
Cooperate to the extent practicable with all appropriate state
and federal agencies;
(c)
Cooperate or combine to the extent practicable with appropriate
county and municipal agencies; and
(d)
Enter into contracts (with the approval of the Borough Council)
for the provision of technical and enforcement services.
(4)
Review of actions of other departments. Request any other department
or agency responsible for any proposed or final standard, regulation
or similar action to consult on the advisability of revising the action,
if there is reason to believe that the action is not consistent with
this chapter.
(5)
Review of public and private projects. Review public and private
projects subject to mandatory review or approval by other departments
for compliance with this chapter, if such projects are likely to cause
sound or vibration not consistent with this chapter.
(6)
Inspections.
(a)
Upon presentation of proper credentials, enter and inspect any
private property or place and inspect any report or records at any
reasonable time when granted permission by the owner or by some other
person with apparent authority to act for the owner. When permission
is refused or cannot be obtained, a search warrant may be obtained
from a court of competent jurisdiction upon showing of probable cause
to believe that a violation of this chapter may exist. Such inspection
may include administration of any necessary tests.
(b)
Stop any motor vehicle, motorcycle or motorboat operated on
a public right-of-way, public space, or public waterway reasonably
suspected of violating any provision of this chapter, and issue a
notice of violation or an abatement order which may require the motor
vehicle, motorcycle or motorboat to be inspected or tested as the
CPSC or his designated agent may reasonably require.
(7)
Records. Require the owner or operator of any commercial or industrial
activity to establish and maintain records and make such reports as
the CPSC or his designated agent may reasonably prescribe.
(8)
Measurements by the owner or operator. Require the owner or operator
or any commercial or industrial activity to measure the sound level
of or the vibration from any source in accordance with the methods
and procedures and at such locations and times as the CPSC or his
designated agent may reasonably prescribe and to furnish reports of
the results of such measurements to the CPSC or his designated agent.
The CPSC or his designated agent may require the measurements to be
conducted in the presence of its enforcement officials.
(9)
Noise sensitive zone recommendations. Prepare recommendations to
be approved by Borough Council for the designation of noise sensitive
zones which contain noise activities. Existing quiet zones shall be
considered noise sensitive zones until otherwise designated. Noise
sensitive activities include, but are not limited to, operations of
schools, libraries open to the public, churches, hospitals and nursing
homes.
C.
Duties of CPSC. In order to implement and enforce this chapter effectively,
the CPSC shall, within a reasonable time after the effective date
of the chapter:
(1)
Standards, testing methods, and procedures. Develop and promulgate
standards, testing methods and procedures.
(2)
Investigate and pursue violations. In consonance with § 170-4B(6) and other provisions of this chapter, investigate and pursue possible violations of this chapter.
(3)
Delegation of authority. Delegate functions, where appropriate under
this chapter, to personnel within the Public Safety Committee and
to other agencies or departments.
(4)
Truck routes and transportation planning.
(a)
Study the existing transportation systems, such as truck routes
within the community; determine areas with sensitivity to sound and
vibration caused by transportation systems to minimize the sound and
vibration impact on residential areas and noise sensitive zones.
(b)
Assist in or review the total transportation planning of the
community, including planning for new roads and highways, bus routes,
airports, and other systems for public transportation, to ensure that
the impact of sound and vibration receives adequate consideration.
A.
Departmental actions. All departments and agencies shall, to the
fullest extent consistent with other law, carry out their programs
in such a manner as to further the policy of this chapter.
B.
Departmental cooperation. All departments and agencies shall cooperate
with the CPSC to the fullest extent in enforcing this chapter.
C.
Departmental compliance with other laws. All departments and agencies
shall comply with federal and state laws and regulations and the provisions
and intent of this chapter respecting the control and abatement of
noise to the same extent that any person is subject to such laws and
regulations.
D.
Project approval. All departments whose duty it is to review and
approve new projects or changes to existing projects that result or
may result in the production of sound or vibration shall consult with
the CPSC or his designated agent prior to any such approval.
E.
Contracts. Any written contract, agreement, purchase order, or other
instrument whereby the Borough is committed to the expenditure of
$25,000 or more in return for goods or services shall contain provisions
requiring compliance with this chapter.
F.
Low noise emission products. Any product which has been certified
by the Administrator of the United States Environmental Protection
Agency pursuant to Section 15 of the Noise Control Act[1] as a low noise emission product and which he determines
is suitable for use as a substitute shall be procured by the Borough/county
and used in preference to any other product, provided that such certified
product is reasonably available and has a procurement cost which is
not more than 125% of the least expensive type of product for which
it is certified as a substitute.
[1]
Editor's Note: See 42 U.S.C. § 4901 et seq.
G.
Capital improvement program. All departments responsible for a capital
improvements budget and program shall prepare an analysis of the noise
impact of any proposed improvements in accordance with noise assessment
guidelines established by the CPSC. Proposed capital improvements
include land acquisition, building construction, highway improvements,
and utilities and fixed equipment installation.
A.
Noise disturbances prohibited. No person shall unreasonably make,
continue, or cause to be made or continued, any noise disturbance.
Noncommercial public speaking and public assembly activities conducted
on any public space or public right-of-way shall be exempt from the
operation of this section.
B.
Specific prohibitions. The following acts, and the causing thereof,
are declared to be in violation of this chapter:
(1)
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 similar device which produces, reproduces or amplifies sound:
(a)
Between the hours of 10:00 p.m. and 8:00 a.m. the following
day in such a manner as to create a noise disturbance across a real
property boundary or within a noise sensitive zone, (except for activities
open to the public and for which a permit has been issued by Borough
Council according to criteria set forth in the Borough Code);
(b)
In such a manner as to create a noise disturbance at 50 feet
(15 meters) from such device, when operated in or on a motor vehicle
on a public right-of-way or public space, or in a boat on public waters;
or
(c)
In such a manner as to create a noise disturbance to any person
other than the operator of the device, when operated by any passenger
on a common carrier.
(2)
Loudspeakers/public address systems.
(a)
Using or operating for any noncommercial purpose any loudspeaker,
public address system, or similar device between the hours of 10:00
p.m. and 8:00 a.m. the following day, such that the sound therefrom
creates a noise disturbance across a residential real property boundary
or within a noise sensitive zone.
(b)
Using or operating for any commercial purpose any loudspeaker,
public address system, or similar device such that the sound therefrom
creates a noise disturbance across a real property boundary or within
a noise sensitive zone or between the hours of 10:00 p.m. and 8:00
a.m. the following day on a public right-of-way or public space.
(3)
Street sales. Offering for sale or selling anything by shouting or
outcry within any residential or commercial area of the Borough (except
by permit issued by Borough Council).
(4)
Animals and birds. Owning, possessing or harboring any animal or
bird which frequently or for continued duration, howls, barks, meows,
squawks or makes other sounds which create a noise disturbance across
a residential real property or within a noise sensitive zone. (This
provision shall not apply to public zoos.)
(5)
Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage
cans, or similar objects between the hours of 7:00 p.m. and 7:00 a.m.
the following day in such a manner as to cause a noise disturbance
across a residential real property boundary or within a noise sensitive
zone.
(6)
Construction. Operating or permitting the operation of any tools
or equipment used in construction, drilling or demolition work;
(a)
Between the hours of 7:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on (Sundays/weekends) or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone, except for emergency work of public service utilities or by special variance issued pursuant to § 170-7B.
(b)
At any other time such that the sound level at or across a real
property boundary exceeds an Leq of 95 dBA
for the daily period of operation.
(c)
This section shall not apply to the use of domestic power tools subject to § 170-6B(17).
(7)
Vehicle or motorboat repairs and testing. Repairing, rebuilding,
modifying or testing any motor vehicle, motorcycle or motorboat in
such a manner as to cause a noise disturbance across a residential
real property boundary or within a noise sensitive zone.
(8)
Airport and aircraft operations.
(a)
The CPSC shall consult with the airport proprietor to recommend
changes in airport operations to minimize any noise disturbance which
the airport owner may have authority to control in its capacity as
proprietor.
(b)
Nothing in this section shall be construed to prohibit, restrict,
penalize, enjoin or in any manner regulate the movement of aircraft
which are in all respects conducted in accordance with, or pursuant
to, applicable federal laws or regulations.
(9)
Places of public entertainment. 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 in any place of public entertainment
at a sound level greater than 100 dBA as read by the slow response
on a sound level meter at any point that is normally occupied by a
customer, unless a conspicuous and legible sign is located outside
such place, near each public entrance, stating WARNING: SOUND LEVELS
WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT.
(10)
Explosives, firearms and similar devices. The use or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way without first obtaining a special variance issued pursuant to § 170-7B. (Such permit need not be obtained for licensed game-hunting activities on property where such activities are authorized.)
(11)
Powered model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space or within a noise sensitive zone between the hours of 7:00 p.m. and 7:00 a.m. the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set for residential land use and shall be measured at a distance of 50 feet (15 meters) from any point on the path of the vehicle. Maximum sound levels for residential property and noise sensitive zones during the permitted period of operation shall be governed by § 170-6B(16).
(12)
Vibration. Operating or permitting the operation of any device
that creates vibration which is above the vibration perception threshold
of an individual at or beyond the property of the source if on private
property or at 50 feet (15 meters) from the source if on a public
space or public right-of-way. For the purposes of this section, "vibration
perception threshold" means the minimum ground-borne or structure-borne
vibrational motion necessary to cause a normal person to be aware
of the vibration by such direct means as, but not limited to, sensation
by touch or visual observation of moving objects.
(13)
Stationary nonemergency signaling devices.
(a)
Sounding or permitting the sounding of any (electronically amplified)
signal from any stationary bell, chime, siren, whistle or similar
device, intended primarily for nonemergency purposes, from any place
(for more than three minutes in any hourly period).
(14)
Emergency signaling devices.
(a)
The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in Subsection B(14)(b).
(b)
Testing of a stationary emergency signaling device shall occur
at the same time of day each time such a test is performed but not
before 7:00 a.m. or after 7:00 p.m. Any such testing shall use only
the minimum cycle test time. In no case such test time exceed 60 seconds.
Testing of the complete emergency signaling system, including the
functioning of the signaling device and the personnel response to
the signaling device, shall not occur more than once in each calendar
month. Such testing shall not occur before 7:00 a.m. or after 7:00
p.m. The time limit specified above in this subsection shall not apply
to such complete system testing.
(c)
Sounding or permitting the sounding of any exterior burglar
alarm or any motor vehicle burglar alarm unless such alarm is automatically
terminated within 15 minutes of activation. (This section shall not
be interpreted to apply to fire alarms.)
(15)
Motorboats. Operating or permitting the operation of any motorboat
in any lake, river, stream or other waterway in such manner as to
exceed a sound level of 110 dBA at 50 feet (15 meters) or the nearest
shoreline, whichever distance is less.
(16)
Noise sensitive zones.
(a)
Creating or causing the creation of any sound within any noise sensitive zone designated pursuant to § 170-4B(9) so as to disrupt the activities normally conducted within the zone, provided that conspicuous signs are displayed indicating the presence of the zone; or
(b)
Creating or causing the creation of any sound within any noise sensitive zone designated pursuant to § 170-4B(9), containing a hospital, nursing home, or similar activity, so as to interfere with the functions of such activity or disturb or annoy the patients in the activity, provided that conspicuous signs are displayed indicating the presence of the zone.
(17)
Domestic power tools. Operating or permitting the operation
of any mechanically powered saw, sander, drill, grinder, lawn or garden
tool, snowblower, or similar device used outdoors in residential areas
between the hours of 7:00 p.m. and 7:00 a.m. the following day so
as to cause a noise disturbance across a residential real property
boundary.
(18)
Tampering. The following acts or the 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. The CPSC
by regulation lists those acts which constitute violation of this
provision.
(b)
The (intentional) moving or rendering inaccurate or inoperative
of any sound monitoring instrument or device positioned by or for
the CPSC, provided such device or the immediate area is clearly labeled,
in accordance with CPSC regulations, to warn of the potential illegality.
(c)
The use of a product which has had a noise control device or
element of design or noise label removed or rendered inoperative with
knowledge that such action has occurred.
A.
Emergency exception. The provisions of this chapter shall not apply
to the emission of sound for the purpose of alerting persons to the
existence of an emergency; or the emission of sound in the performance
of emergency work.
B.
Special variances.
(1)
The CPSC shall have the authority, consistent with this section, to grant special variances which may be requested pursuant to § 170-6B(6), Construction, and § 170-6B(10), Explosives, firearms, and similar devices.
(2)
Any person seeking a special variance pursuant to this section shall
file an application with the CPSC. The application shall contain information
which demonstrates that bringing the source of sound or activity for
which the special variance is sought into compliance with this chapter
would constitute an unreasonable hardship on the applicant, on the
community, or on other persons. (Notice of an application for a special
variance shall be published according to Borough of Trainer notice
procedure.) Any individual who claims to be adversely affected by
allowance of the special variance may file a statement with the CPSC
containing any information to support his claim. If the CPSC finds
that a sufficient controversy exists regarding an application, a public
hearing may be held.
(3)
In determining whether to grant or deny, the CPSC shall balance the
hardship to the applicant, the community, and other persons of not
granting the special variance against the adverse impact on the health,
safety and the welfare of persons affected, the adverse impact on
property affected, and any other adverse impacts of granting the special
variance. Applicants for special variances and persons contesting
special variances may be required to submit any information the CPSC
may reasonably require. In granting or denying an application, the
CPSC shall place on public file a copy of the decision and the reasons
for denying or granting the special variance.
(4)
Special variances shall be granted by notice to the applicant containing
all necessary conditions, including a time limit on the permitted
activity. The special variance shall not become effective until all
conditions are agreed to by the applicant. Noncompliance with any
condition of the special variance shall terminate it and subject the
person holding it to those provisions of this chapter regulating the
source of sound or activity for which the special variance was granted.
(5)
Application for extension of time limits specified in special variances or for modification of other substantial conditions shall be treated like applications for initial special variances under Subsection B(2).
C.
Appeals. Appeals of an adverse decision of the CPSC shall be made
to the Court of Common Pleas of Delaware County. Review of the court
shall be de novo.
A.
Motor vehicles and motorcycles on public rights-of-way. No person
shall operate or cause to be operated a public or private motor vehicle
or motorcycle on a public right-of-way at any time in such a manner
that the sound level emitted by the motor vehicle or motorcycle exceeds
the level set forth in Table I.
|
Table I
Motor Vehicle and Motorcycle Sound Limits
(measured at 50 feet or 15 meters)
| ||||
|---|---|---|---|---|
|
Vehicle Class
|
Speed Limit 35 mph or Less
|
Speed Limit Over 35 mph
|
Stationary Run-Up
| |
|
Motor carrier vehicle engaged in interstate commerce of GVWR
of 10,000 pounds or more
|
86
|
90
|
88
| |
|
All other motor vehicles of GVWR or GCWR of 10,000 pounds or
more
|
86
|
90
|
88
| |
|
Any motorcycle
|
86
|
90
|
88
| |
|
Any other motor vehicle or any combination of vehicles towed
by any motor vehicle
|
86
|
90
|
88
| |
(1)
Adequate mufflers or sound-dissipative devices.
(a)
No person shall operate or cause to be operated any motor vehicle
or motorcycle not equipped with a muffler or other sound-dissipative
device in good working order and in constant operation.
(b)
No person shall remove or render inoperative, or cause to be
removed or rendered inoperative, other than for purposes of maintenance,
repair or replacement, any muffler or sound-dissipative device on
a motor vehicle or motorcycle.
(c)
The CPSC may, by regulations subject to the approval by Borough
Council, list those acts which constitute violation of this section.
(2)
Motor vehicle horns and signaling devices. The following acts and
the causing thereof are declared to be in violation of this chapter:
(a)
The sounding of any horn or other auditory signaling device
on or in any motor vehicle on any public right-of-way or public space,
except as a warning of danger/as provided in the Vehicle Code.
(b)
The sounding of any horn or other auditory signaling device
which produces a sound level in excess of 135 dBA at 50 feet (15 meters).
(3)
Refuse collection vehicles. No person shall:
(a)
On or after (two years) following the effective date of this
chapter, operate or permit the operation of the compacting mechanism
of any motor vehicle which compacts refuse and which creates, during
the compacting cycle, a sound level in excess of 135 dBA when measured
at 50 feet (15 meters) from any point on the vehicle;
(b)
Operate or permit the operation of the compacting mechanism
of any motor vehicle which compacts refuse between the hours of 7:00
p.m. and 7:00 a.m. the following day in a residential area or noise
sensitive zone; or
(c)
Collect refuse with a refuse collection vehicle between the
hours of 7:00 p.m. and 7:00 a.m. the following day in a residential
area or noise sensitive zone.
(4)
Standing motor vehicles. No person shall operate or permit the operation
of any motor vehicle with a gross vehicle weight rating (GVWR) in
excess of 10,000 pounds or any auxiliary equipment attached to such
a vehicle for a period longer than 20 minutes in any hour while the
vehicle is stationary for reasons other than traffic congestion on
a public right-of-way or public space within 150 feet (46 meters)
of a residential area or designated noise sensitive zone between the
hours of 7:00 p.m. and 7:00 a.m. the following day.
B.
Recreation motorized vehicles operating off public rights-of-way.
(1)
Except as permitted in Subsection B or C, no person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table II at a distance of 50 feet (15 meters) or more from the path of the vehicle when operated on a public space or at or across the boundary of private property when operated on private property. This section shall apply to all recreational motorized vehicles, whether or not duly licensed and registered, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles, amphibious craft, campers and dune buggies, but not including motorboats.
(2)
Permits for motor vehicle racing events may be obtained from Borough
Council according to procedures and criteria set forth in the Borough
Code.
|
Table II
Recreational Motorized Vehicle Sound Limits
(measured at 50 feet or 15 meters)
| ||
|---|---|---|
|
Vehicle Type
|
Sound Level
(dBA)
| |
|
Snowmobile
|
90
| |
|
Motorcycle
|
90
| |
|
Any other vehicle
|
90
| |
A.
B.
Construction restrictions for habitable and institutional structures.
(1)
Except as provided in Subsection B(3), no new single-family residential structure shall be approved for construction (excluding substantial repair or alteration) if the exterior day-night average sound level (Ldn) anywhere on the site of the proposed
structure is projected to be in excess of 95 dBA within five years
following the estimated completion date of the structure.
(2)
Except as provided in Subsection B(3), no new multiple-family residence, dormitory, mobile home park, transient lodging, school, hospital, nursing home or similar structure, or substantial modification of such existing structure, shall be approved for construction if the exterior day-night average sound level (Ldn) anywhere on the site of the proposed structure is projected to
be in excess of 95 dBA within six years following the estimated completion
date of the structure or modification.
(3)
Construction otherwise prohibited pursuant to Subsection B(1) or (2) shall be allowed if the exterior day-night average sound level (Ldn) on the site of the proposed structure
is projected not to be in excess of 100 dBA for five years following
construction of the structure unless there is incorporated into the
design and construction of the structure such sound attenuation measures
as are necessary to reduce the maximum interior day-night average
sound level (Ldn) to 100 dBA. Subsection B(1) or (2) shall not apply to any site development plan or its equivalent on which four or fewer dwelling units are to be constructed.[1]
(4)
Prior to issuance of any occupancy permit for any structure regulated pursuant to Subsection B(3), the owner of the structure shall submit for CPSC review the report of an independent testing agency (approved by the CPSC) certifying that sound attenuation measures have been properly incorporated into the design and construction of the structure and that the interior Ldn meets the criterion specified in Subsection B(3). Such report shall contain the results of simultaneous measurements of the exterior and interior day-night average sound levels for a representative sample of locations.
(5)
The CPSC may conduct such inspections and measurements as are necessary to ensure the accuracy of any report submitted pursuant to Subsection B(4) and to ascertain compliance with this section. These may include on-site inspections by a certified independent testing agency during specified periods of construction.
C.
Recreational area restrictions.
(1)
Except as provided in Subsection C(2), (3) and (4), no land shall be designed or approved for construction or use as a public or private exterior recreational area, including, but not limited to, children's playgrounds, outdoor theaters and amphitheaters, picnic grounds, tennis courts and swimming pools, if the exterior day-night average sound level (Ldn) anywhere on the site of the proposed
recreational area is projected to be in excess of 100 dBA within six
years following the construction or designation of the site.
(2)
This section shall not apply to the designation or approval of any
green belt or open space in any area in which the Ldn exceeds the level specified in Subsection C(1), regardless of whether such green belt or open space is open to public use, provided that no recreational improvement or facility is constructed thereon.
(3)
Designation or approval of exterior recreational areas otherwise prohibited under Subsection C(1) shall be allowed if the Ldn specified in that subsection can be achieved by appropriate
means of sound attenuation, such as berms, barriers or buildings,
at the perimeter of or elsewhere on the site.
(4)
No new interior recreational facility, including, but not limited
to, gymnasiums, ice or roller skating rinks, indoor swimming pools,
and tennis courts, shall be approved for construction if the exterior
day-night average sound level anywhere on the site is projected to
be in excess of 100 dBA within five years following the estimated
date of completion of the structure unless there is incorporated into
the design and construction of the structure such sound attenuation
measures as are necessary to reduce the maximum interior day-night
average sound level (Ldn) to 85 dBA.
D.
Site study requirement.
(1)
If the CPSC has reason to believe that a full report is necessary to determine whether a proposed project is prohibited under § 170-9A, such report shall be made by the applicant prior to approval of any subdivision, zoning or building permit application. If a full report has not been made and the applicant believes the project was wrongfully prohibited under § 170-9A, he may file a full report within 60 days of the CPSC's decision and request reconsideration by the CPSC. A full report shall contain the following information and any other information which the CPSC may reasonably require:
(a)
The existing day-night average sound levels (Ldn), including identification of the major sources of sound, for a
representative sample of locations, measured in accordance with guidelines
published by the CPSC;
(b)
Any projected or proposed new or expanded sources of sound which
may affect exposure of the site during five years following completion
of the project and the projected future Ldn at the site resulting from these new or expanded sources; and
(c)
Where applicable, plans for sound attenuation measures on the
site and/or of the structure proposed to be built, and the amount
of sound attenuation anticipated as a result of these measures.
E.
Commercial and industrial construction. No new or substantially modified
structure on land used or zoned as commercial or industrial shall
be approved for construction unless the owner or developer of such
land has demonstrated, in accordance with guidelines published by
the CPSC or his designated agent, that the completed structure and
the activities associated with and on the same property as the structure
will comply with the provisions of the CPSC at the time for initial
full-scale operation of such activities.
F.
Sound from new transportation systems in residential areas or noise-sensitive
zones. No plans for construction of new transportation systems or
expansion of the capacity of existing transportation systems will
be approved for locations in or near residential areas or noise-sensitive
zones, regardless of the source of project funds, unless such plan
includes all control measures necessary to ensure that the projected
day-night average sound level (Ldn) due to
the operation of the transportation system does not exceed 100 dBA
at any point on residential property within five years after the expected
completion of the project.[2]
G.
Equivalent measurement systems. For the purpose of this § 170-9, all measurements and designations of sound levels shall be expressed on day-night average sound levels (Ldn) or
in any other equivalent measurement system the CPSC may reasonably
approve.
H.
Zoning ordinance or comprehensive plan.
(1)
No proposed zoning ordinance or comprehensive plan shall be approved
unless such plan includes a sound analysis which: a) identifies existing
and projected noise sources and associated sound levels for five years
in and around the area under consideration; and b) ensures usage of
adequate measures to avoid violation of any provision of this chapter.
(2)
No zoning change application shall be approved unless the site feasibility
study submitted contains an analysis which shows the impact of existing
and projected noise sources for five years of the intended use when
completed on surrounding areas. Such site study shall ensure the use
of adequate measures to avoid violation of any provision of this chapter.[3]
I.
Truth in selling or renting. No person shall sell or rent, or cause
to be sold or rented, any structure or property to be used for human
habitation, where the structure or property is exposed to sound levels
regularly in excess of an Ldn of 110 dBA, without
making full written disclosure to all potential buyers or renters
of the existence of such sound levels and of the nature of the sources.
The CPSC or his designated agent shall develop a standard format for
written disclosures, which shall include information on the effects
of noise on human health and welfare.
[Amended 4-12-1979 by Ord. No. 480]
A.
Violations and penalties.
[Amended 8-11-2005 by Ord.
No. 670]
(1)
Any person who violates any provision of this chapter shall be fined
for each offense not more than $600.
(2)
Any person who willfully or knowingly violates any provision of this
chapter shall be fined for each offense a sum of not more than $600.
(3)
Each day of violation of any provision of this chapter shall constitute
a separate offense.
B.
Abatement orders.
(1)
Except as provided in Subsection B(2), in lieu of issuing a notice of violation as provided for in § 170-10C, the CPSC or other official responsible for enforcement of any provision of this chapter may issue an order requiring abatement of any source of sound or vibration alleged to be in violation of this chapter within a reasonable time period and according to guidelines, to be approved by Borough Council, which the CPSC may prescribe.
C.
Notice of violation. Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 170-10B(1), violation of any provision of this chapter shall be cause for a notice of violation issued according to procedures which the CPSC or his designated agent may prescribe.[1]
D.
Immediate threats to health and welfare.
(1)
The CPSC shall order an immediate halt to any sound which exposes any person, except those excluded pursuant to Subsection D(2), to continuous sound levels in excess of those shown in Table III or to impulsive sound levels in excess of those shown in Table IV. Within 15 days following issuance of such an order, the CPSC shall apply to the appropriate court for an injunction to replace the order.
(2)
No order pursuant to Subsection D(1) shall be issued if the only persons exposed to sound levels in excess of those listed in Tables III and IV are exposed as a result of: a) trespass; b) invitation upon private property by the person causing or permitting the sound; c) employment by the person or a contractor of the person causing or permitting the sound.
(3)
Any person subject to an order issued pursuant to Subsection D(1) shall comply with such order until: a) the sound is brought into compliance with the order, as determined by the CPSC; or b) a judicial order has superseded the CPSC order.
(4)
Any person who violates an order issued pursuant to this subsection
shall, for each day of violation, be fined not less than $20 nor more
than $600.[2]
|
Table III
Continuous Sound Levels Which Pose an Immediate
Threat to Health and Welfare
(measured at 50 feet or 15 meters)
| ||
|---|---|---|
|
Sound Level Limit
(dBA)
|
Duration
| |
|
90
|
24 hours
| |
|
93
|
12 hours
| |
|
96
|
6 hours
| |
|
99
|
3 hours
| |
|
102
|
1.5 hours
| |
|
105
|
45 minutes
| |
|
108
|
22 minutes
| |
|
NOTE:
| ||
|---|---|---|
|
*
|
Use equal energy time-intensity trade-off if level varies; find
energy equivalent over 24 hours.
| |
|
Table IV
Impulsive Sound Levels Which Pose an Immediate
Threat to Health and Welfare
(measured at 50 feet or 15 meters)
| ||
|---|---|---|
|
Sound Level Limit
(dBA)
|
Number of Repetitions Per 24-Hour Period
| |
|
145
|
1
| |
|
135
|
10
| |
|
125
|
100
| |
E.
Citizen suits.
(1)
Any person, other than persons responsible for enforcement of this
chapter, may commence a civil action on his own behalf: (a) against
any person who is alleged to be in violation of any provision of this
chapter set forth in Table V below; or (b) against the CPSC where
there is alleged a failure of the CPSC to perform any act under this
chapter which is not discretionary. The Magisterial District Court
shall have jurisdiction, without regard to the amount in controversy,
to grant such relief as it deems necessary.
(2)
No action may be commenced:
(a)
Under Subsection E(1)(a):
[1]
Prior to 10 days after the plaintiff has given notice of the
alleged violation to the CPSC (and to the alleged violator) of such
violation; or
[2]
If the CPSC has commenced and is diligently prosecuting an action
against the alleged violator with respect to such violation, (but
in such action any affected person may intervene as a matter of right).
(b)
Under Subsection E(1)(b), prior to 10 days after the plaintiff
has given notice to the CPSC that he will commence such action. Notice
under this subsection shall be given in a manner prescribed by the
CPSC.
(3)
In any action under this section, the CPSC, if not a party, may intervene
as a matter of right.
