In expansion of the declaration of legislative intent and statement of community development objectives found in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to regulate generation of excessive noise to protect the health, safety and welfare of its citizens and their quality of life, in conformance with the goals and objectives of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:
A.
Recognize that excessive noise is a serious hazard
to the public health, safety, welfare and quality of life, and a substantial
body of science and technology exists by which excessive noise may
be substantially abated.
B.
Ensure citizens' right to an environment free from
excessive noise.
C.
Control noise originating from sources within the
limits of Upper Hanover Township.
The following words and terms, when used in
this article, shall have the following meanings unless the context
clearly indicates otherwise, and shall supersede any other definition
within this chapter in regards to this subject.
The total sound pressure level in the area of interest including
the noise source of interest.
The electronic filtering in sound level meters that models
human hearing frequency sensitivity.
The total sound pressure level in the area of interest excluding
the noise source of interest.
A group of commercial facilities and the abutting public
right-of-way and public spaces.
Any premises, property or facility involving traffic in goods
and furnishings of services for sale or profit, including but not
limited to:
Any site preparation, assembly, erection, repair, alteration
or similar action, or demolition of buildings or structures.
The electronic filtering of sound level meters that models
a flat response (output = input) over the range of maximum human hearing
sensitivity.
The A-weighted unit of sound pressure level.
The C-weighted unit of sound pressure level.
The unit of measurement for sound pressure level at a specified
location.
Any work or action necessary to deliver essential services,
including, but not limited to, repairing water, gas, electric, telephone,
sewer facilities, or public transportation facilities, removing fallen
trees on public rights-of-way, or abating life-threatening conditions.
A sound having a duration of less than one second with an
abrupt onset and rapid decay.
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture, or production
of durable or nondurable goods.
Any vehicle that is propelled or drawn on land by an engine
or motor.
A sound-dissipative device or system for attenuating the
sound of escaping gasses of an internal combustion engine.
Any building wherein there are two or more dwelling units.
Upper Hanover Township.
Any sound of such level and duration as to be or tend to
be injurious to human health or welfare, or which would unreasonably
interfere with the enjoyment of life or property throughout the municipality
or in any portions thereof, but excludes all aspects of the employer-employee
relationship concerning health and safety hazards within the confines
of a place of employment.
The Township official designated by the Board of Supervisors
to be responsible for determining compliance with the regulations
of this article.
A person qualified in the measurement of sound and empowered
to investigate sound levels when requested by the Noise Control Administrator.
Any sound that a) endangers the safety or health of any person;
b) disturbs a reasonable person of normal sensitivities; or c) endangers
personal or real property.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the municipality, or any political
subdivision, agency or instrumentality of the municipality.
Any street, avenue, boulevard, road, highway, sidewalk or
alley that is leased, owned or controlled by a governmental entity.
Any real property or structures thereon that is owned, leased
or controlled by a governmental entity.
Any sound that can be judged as a single pitch or set of
single pitches by the NCO.
Either a) the imaginary line, including its vertical extension,
that separates one parcel of real property from another; or b) the
vertical and horizontal boundaries of a dwelling unit that is one
in a multidwelling-unit building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Property used for human habitation, including but not limited
to:
The instantaneous sound pressure level measured in decibels
with a sound level meter set for A-weighting on slow integration speed,
unless otherwise noted.
An instrument used to measure sound pressure levels conforming
to Type 2 standards as specified in ANSI Standard S1.4-1983, or the
latest version thereof.
Twenty multiplied by the logarithm, to the base 10, of the
measured sound pressure divided by the sound pressure associated with
the threshold of human hearing, in units or decibels.
Any day, Monday through Friday, that is not a legal holiday.
A.
Insofar as practicable, sound will be measured while
the source under investigation is operating at normal, routine conditions
and, as necessary, at other conditions, including, but not limited
to, design, maximum and fluctuating rates.
B.
Prior to taking noise measurements, the investigator
shall explore the vicinity of the source in question to identify any
other sound sources that could affect measurements, to establish the
approximate location and character of the principal sound source,
and to select suitable locations from which to measure the sound from
the source in question.
C.
When measuring continuous sound or sound that is sustained
for more than one second at a time, the SLM shall be set for A-weighting,
slow meter response speed, and the range (if the SLM is designed to
read levels over different ranges of SPLs) shall be set to that range
in which the meter reads closest to the maximum end of the scale.
When the measured sound level is variable or fluctuating over a range
greater than three dBA using the slow meter response speed, the fast
meter response speed shall be used. In either case, both the minimum
and maximum readings shall be recorded to indicate the range of monitored
values.
D.
The SLM shall be placed at a minimum height of three
feet above the ground or from any reflective surface. When hand held,
the microphone shall be held at arm's length and pointed at the source
at the angle recommended by the SLM manufacturer.
E.
If extraneous sound sources, such as aircraft flyovers
or barking dogs, that are unrelated to the measurements increase the
monitored sound levels, the measurements should be postponed until
these extraneous sounds have become of such a level not to increase
the monitored sound levels of interest.
A.
No person shall cause, suffer, allow or permit the operation of any sound source on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the background sound level by at least 10 dBC during daytime (7:00 a.m. to 9:00 p.m.) hours and by at least 5 dBC during nighttime (9:00 p.m. to 7:00 a.m.) hours when measured at or within the real property line of the receiving property except as provided in § 500-2803A(1).
(1)
If the background sound level cannot be determined,
the absolute sound level limits set forth in the following table shall
be used:
|
Residential
|
Commercial or Industrial
| |||
|---|---|---|---|---|
|
Source Property
|
7:00 a.m. to 9:00 p.m.
|
9:00 p.m. to 7:00 a.m.
|
All times
| |
|
Residential
|
55
|
45
|
65
| |
|
Commercial or industrial
|
60
|
45
|
65
| |
(2)
If the sound source in question is a pure tone,
the limits of table shall be reduced by 5 dBA.
(3)
Nonrepetitive impulsive sound sources shall
not exceed 80 dBC at or within a residential real property line using
the fast meter response speed.
(4)
In multidwelling-unit buildings, if the background
sound level cannot be determined, the daytime limit is 45 dBA and
the nighttime limit is 35 dBA for sounds originating in another dwelling
within the same building.
B.
The following are exempt from the sound level limits of § 500-2803A:
(1)
Noise from emergency signaling devices;
(2)
Noise from an exterior burglar alarm of any
building, provided such burglar alarm shall terminate its operation
within five minutes of its activation;
(3)
Noise from domestic power tools, lawn mowers,
and agricultural equipment when operated between 8:00 a.m. and 8:00
p.m. on weekdays and between 9:00 a.m. and 8:00 p.m. on weekends and
legal holidays, provided they generate less than 85 dBA at or within
any real property line of a residential property;
(4)
Sound from church bells and chimes when a part
of a religious observance or service;
(5)
Noise from construction activity, provided all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 500-2803B(6) below; and
(6)
Noise from snowblowers, snow throwers, and snowplows
when operated with a muffler for the purpose of snow removal.
A.
No person shall cause, suffer, allow or permit to
be made verbally or mechanically any noise disturbance.
B.
No person shall cause, suffer, allow or permit the
following acts:
(1)
Operating, playing or permitting the operation
or playing any radio, television, phonograph or similar device that
reproduces or amplifies sound in such a manner as to create a noise
disturbance for any person other than the operator of the device;
(2)
Using or operating any loudspeaker, public address
system, or similar device between 9:00 p.m. and 8:00 a.m. the following
day, such that the sound therefrom creates a noise disturbance across
a residential real property line;
(3)
Owning, possessing or harboring any animal or
bird that frequently or for continued duration generates sounds that
create a noise disturbance across a residential real property line;
(4)
Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, liquids,
garbage cans, refuse or similar objects, or the pneumatic or pumped
loading or unloading of bulk materials in liquid, gaseous, powder
or pellet form, or the compacting of refuse by persons engaged in
the business of scavenging or garbage collection, whether private
or municipal, between 10:00 p.m. and 6:00 a.m. the following day on
a weekday or between 9:00 p.m. and 8:00 a.m. the following day on
a weekend day or legal holiday, except by permit, when the sound therefrom
creates a noise disturbance across a residential property line;
(5)
Operating or permitting the operation of any
motor vehicle whose manufacturer's gross weight rating is in excess
of 10,000 pounds or any auxiliary equipment attached to such a vehicle,
for a period of longer than five minutes in any hour while the vehicle
is stationary for reasons other than traffic congestion or emergency
work on a public right-of-way or public space within 150 feet of a
residential area between 8:00 p.m. and 8:00 a.m. the following day;
and
(6)
Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between 6:00 p.m. and 7:00 a.m. the following day on a weekday or at any time on a weekend day or legal holiday, except for emergency work; by variance issued pursuant to § 500-2806; or when the sound level does not exceed any applicable relative or absolute limit specified in § 500-2803A.
A.
The provisions of this article shall not apply to:
(1)
The generation of sound for the purpose of alerting persons to the existence of an emergency except as provided in § 500-2803B(2);
B.
Noise generated from municipally sponsored or approved
celebrations or events shall be exempt from the provisions of this
article.
A.
Any person who owns or operates any stationary noise
source may apply to the Zoning Hearing Board (ZHB) for a variance
from one or more of the provisions of this article.
(1)
Variance applications shall supply information,
including, but not limited to:
(a)
The nature and location of the noise source
for which such application is made;
(b)
The reason for which the variance is required,
including the hardship that will result to the applicant, his/her
client, or the public if the variance is not granted;
(c)
The level of noise that will occur during the
period of the variance;
(d)
The section or sections of this chapter for
which the variance shall apply;
(e)
A description of interim noise control measures
to be taken for the applicant to minimize noise and the impacts occurring
therefrom; and
(f)
A specific schedule of the noise control measures
which shall be taken to bring the source into compliance with this
chapter within a reasonable time.
(2)
Failure to supply the information required by
the ZHB shall be cause for rejection of the application.
(3)
A copy of the permit of variance must be kept
on file by the Township for public inspection.
B.
The ZHB may limit the duration of the variance, which
shall be no longer than one year. Any person holding a variance and
requesting an extension of time shall apply for a new variance under
the provisions of this section.
C.
No variance shall be approved unless the applicant
presents adequate proof that:
D.
In making the determination of granting a variance,
the ZHB shall consider:
(1)
The character and degree of injury to or interference
with the health and welfare or the reasonable use of property which
is caused or threatened to be caused;
(2)
The social and economic value of the activity
for which the variance is sought; and
(3)
The ability of the applicant to apply the best
practical noise control measures.
E.
The variance may be revoked by the ZHB if the terms
of the variance are violated.
