[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Uwchlan 5-16-2016 by Ord.
No. 2016-05. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
The operation of heavy construction equipment in construction
or demolition projects.
Any site preparation, assembly, erection, repair, alteration,
remodeling, or similar action, including demolition and removal of
buildings or structures.
Any land use bordering or abutting, whether divided by real
property boundary or by real property boundary and public street.
Any sound which is static, fluctuating or intermittent with
a recurrence greater than one time in any fifteen-second interval.
A numerical expression of the relative loudness of sound.
Any dismantling, destruction, or removal of buildings, structures
or roadways.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Trucks with three or more axles and earthmoving grading equipment.
Sound of short duration with an abrupt onset and rapid decay
and an occurrence of not more than one time in any fifteen-second
interval.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound that can be detected by a person using his or her
unaided hearing facilities.
Any sound which can be distinctly heard as a single pitch
or 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 500Hz and above, or by eight dB for center frequencies
between 160 Hz and 400 Hz and by 15 dB for center frequencies less
than or equal to 125Hz.
The land use which is a contiguous land use to the noise
source.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that cause compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
A noise-control device intended to abate or lessen the noise
made by vehicles, equipment or machinery.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B,
or C as specified in American National Standards Institute specifications
for sound level matters (ANSI Si.4-1971, or the latest approved revision
thereof). 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 average, output meter and weighting networks
used to measure sound pressure levels. The sound level meter used
for testing purposes in accordance with this chapter shall meet the
current American National Standard Institute specifications.
A.Â
Specific prohibited acts. The following actions are specifically
prohibited, regardless of the sound level which is emitted, unless
otherwise exempted in this chapter:
(1)Â
No person shall operate or permit the outdoor operation of any tools,
equipment or machinery used for commercial construction, drilling
or demolition, or in the sweeping of parking lots in such a manner
as to be plainly audible across a property line, except between the
hours of 7:00 a.m. and 7:00 p.m., Monday through Friday and from 9:00
a.m. to 5:00 p.m. on Saturdays. It shall be unlawful to operate or
permit the outdoor operation of any tools, equipment or machinery
used for commercial construction, drilling or demolition, or in the
sweeping of parking lots in such a manner as to be plainly audible
across a property line on Sundays and legal holidays (which shall
include the following holidays: New Year's Day, Memorial Day, Fourth
of July, Labor Day, Thanksgiving and Christmas).
(2)Â
No person shall operate or permit the outdoor operation of any powered
tool, equipment or machinery (including but not limited to electrically
powered saw, drill, sander, grinder, lawn or garden tool) in such
a manner as to be plainly audible across a property line except between
the hours of 7:00 a.m. and 9:00 p.m. every day of the week.
(3)Â
No person shall load or unload trucks or other motor vehicles or
open, close or otherwise handle boxes crates, containers, building
materials, garbage cans or other objects in such a manner as to be
plainly audible across a property line, except between the hours of
7:00 a.m. and 9:00 p.m. every day of week, except that municipal trash
trucks may operate between the hours of 6:00 a.m. and 9:00 p.m. every
day of the week.
(4)Â
No person shall repair, rebuild, or test or otherwise work on any
motorcycle, motor vehicle, motorboat or aircraft outdoors in such
a manner as to be plainly audible across a property line, except between
the hours of 7:00 a.m. and 9:00 p.m. every day of the week.
B.Â
General performance standards/noise levels.
(1)Â
In those cases not specifically controlled by Subsection A above, no person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use. All measurements shall be made with a sound level meter which is in conformance with American Standards Association specifications.
(2)Â
Continuous sound levels by receiving land use.
|
Receiving Land Use Category
|
Time
|
Sound Level
Limit
(dBA)
|
|---|---|---|
|
Residential, public space, open space
|
7:00 a.m. to 10:00 p.m.
|
65
|
|
10:00 p.m. to 7:00 a.m.
|
60
| |
|
Commercial or business
|
7:00 a.m. to 10:00 p.m.
|
65
|
|
10:00 p.m. to 7:00 a.m. plus
Sundays and legal holidays
|
60
| |
|
Industrial
|
At all times
|
70
|
(3)Â
Correction for character of sound. For any source of sound which
emits a pure tone, the maximum sound-level limits set forth in the
above table shall be reduced by five dBA. For any source of sound
which emits an impulsive sound, the excursions of sound pressure level
shall not exceed 20 dBA over the ambient sound level, regardless of
time of day or night of receiving land use, using the "fast" meter
characteristics of Type II Meter, meeting the ANSI specifications
S1.4-1971.
(4)Â
The maximum permissible sound level as listed in the previous table
shall not apply to any of the following noise sources:
(a)Â
The emission of sound for the purpose of alerting persons to
the existence of an emergency or associated practice drills.
(b)Â
Emergency work to provide electricity, water or other public
utilities when public health or safety is involved.
(c)Â
Domestic power tools.
(d)Â
Agriculture.
(e)Â
Public celebrations, when specifically authorized by the Township.
(5)Â
Motor vehicle operations shall not exceed the noise levels established
in Chapter 157 of Title 67 of the Pennsylvania Code of Regulations,
Subchapter B, Established Sound Levels.
The Upper Uwchlan Township Police and the Upper Uwchlan Township Zoning Officer shall have the power to administer the terms of this chapter, investigate complaints and prosecute violations of this chapter in accordance with § 110-4 of this chapter. When enforcing the terms of this chapter, the Police and Zoning Officer may retain consultants and engineers with experience in measuring sound levels with the use of sound level meters.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense, and shall
be subject to the payment of a fine of not less than $100 and not
more than $1,000, plus the costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 30 days. Each section of this chapter
violated shall constitute a separate offense, and each day or portion
thereof in which a violation of this chapter is found to exist shall
constitute a separate offense, each of which violations shall be punishable
by a separate fine imposed by the Magisterial District Judge of not
less than $100 and not more than $1,000, plus costs of prosecution,
or upon default of payment thereof, the defendant may be sentenced
to imprisonment in the county prison for a term of not more than 30
days. All fines and penalties collected for violation of this chapter
shall be paid to the Township Treasurer.
