[HISTORY: Adopted by the Borough Council of the Borough of
West Conshohocken 3-5-1990 by Ord. No. 403, approved 3-5-1990. Amendments
noted where applicable.]
This chapter may be cited as the "Noise Control Ordinance of
the Borough of West Conshohocken."
A.
Declaration
of findings and policy. Whereas excessive sound and vibration are
a serious hazard to the public health and welfare and the quality
of life; and whereas a substantial body of science and technology
exists by which excessive sound and vibration may be substantially
abated; and whereas the people have a right to and should be ensured
an environment free from excessive sound and vibration that may jeopardize
their health or welfare or degrade the quality of life; now, therefore,
it is the policy of the Borough of West Conshohocken to promote and
protect the health, safety and welfare of its citizens and the quality
of life they enjoy by controlling, restricting and preventing excessive
and injurious sound vibration within its jurisdiction.
B.
Scope.
This chapter will apply to the control of all sound and vibration
originating or occurring within the limits of the Borough.
A.
Terminology.
All technical terminology used in this chapter not defined below will
be defined in accordance with the applicable publications of the American
National Standard Institute Accoustical Terminology, ANSI S1, 1-1960
(R1971) with its latest approved revisions which are incorporated
herein by reference.
B.
BOROUGH
CONTINUOUS SOUND
COUNCIL
IMPULSIVE SOUND
NOISE
NOISE DISTURBANCE
(1)
(2)
(3)
(4)
(5)
NORMAL RESIDENTIAL ACTIVITIES
OWNER
PERSON
Definitions.
As used in this chapter, the following terms shall have the meanings
indicated:
The Borough of West Conshohocken, which is located within
the confines of Montgomery County, Pennsylvania.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
Any sound which is steady, fluctuating or intermittent with
a recurrence greater than one time in any one-hour interval; example:
air-conditioner compressor.
The Council of West Conshohocken Borough, Montgomery County.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
Sound of short duration with an abrupt onset and rapid decay
and an occurrence of not more than one time in any one-hour interval;
example: dynamite blast
Any sound emitted by a person, an appliance, equipment, an
instrument or other device or an animal.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
Any noise which:
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
Endangers, would endanger or is likely to endanger or injures,
would injure or is likely to injure the safety or health of humans
or animals;
Annoys, would annoy or is likely to annoy or disturbs, would
disturb or is likely to disturb a reasonable person of ordinary sensibilities;
Endangers, would endanger or is likely to endanger or injures,
would injure or is likely to injure personal or real property;
Disturbs, would disturb or is likely to disturb the peace; or
Creates, would create or is likely to create a nuisance.
Any sound which is generated as a result of an owner or occupier
of a residence exercising his or her normal and usual right to enjoy,
maintain, repair or improve said residence or the real property upon
which it is situated; example: lawn mower.
A person owning, leasing, occupying or having charge of any
premises within the Borough.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, "person" includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other forms of entity.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
C.
Standards.
For the purpose of measuring sound in accordance with the applicable
provisions of these regulations, test equipment methods and procedures
will conform to the standards as published by the American Standard
Institute Accoustical Terminology, ANSI, S1, 1-1960 (R1971) with its
latest revisions, which are incorporated herein by reference.
A.
Lead
officials. The noise control program established by this chapter will
be administered by the Noise Control Officer or Officers (hereafter
referred to as "NCO"), who will be appointed by Borough Council.
B.
Powers
and duties of the Noise Control Officer. In order to implement and
enforce this chapter and for the general purpose of sound and vibration
abatement and control, the NCO will have, in addition to any other
authority vested in him or her, the power and duties to:
(1)
Investigate complaints and prosecute violations in accordance with
this chapter. The NCO is hereby authorized to enter upon and inspect
any private property within the jurisdiction of the Borough for the
purpose of investigating violations of this chapter; provided, however,
that the NCO will not enter upon or inspect private property unless
the property owner has granted permission or unless the NCO has obtained
a search warrant in accordance with law.
(2)
Make recommendations to the Borough Planning Commission or other
local agency regarding potential sound or vibration problems and abatement
measures.
(3)
Delegate functions, where appropriate under this chapter, to personnel
within the NCO and to other departments (subject to the approval of
Borough Council).
(4)
Make recommendations for modifications or amendments to this chapter
to ensure consistency with all state and federal laws and regulations.
(5)
Conduct research, monitoring and other studies related to sound and
vibration.
(7)
Encourage the participation of public interest groups in related
public information efforts.
(8)
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 in violation
of this chapter.
(9)
Evaluate and report, every year following the effective date of this
chapter, on the effectiveness of the Borough noise control program
and make recommendations for any legislative, budgetary or procedural
changes necessary to improve the program. This report shall be made
to the Borough Planning Commission, which may amend it after consultation
with the NCO and then submit it to the Borough Council for approval.
All Borough departments whose duty it is to review and/or approve new projects or changes to existing projects that may result in the production of sound or vibrations will consult with the NCO prior to such department granting approval of the activity which will produce the sound or vibration. The NCO will consult with the departments involved within the time limits set by state statute or municipal ordinance. The goal of this consultation is to try to find methods of reducing the sound or vibration produced by the activity and to ensure that the person or persons creating the sound or vibration comply with the permitting procedure set forth in §§ 69-8, 69-9 and 69-10 of this chapter.
[Amended 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
A.
General
prohibition. It shall be unlawful for any person to make or cause
to be made a noise disturbance within the limits of West Conshohocken
Borough, except as otherwise permitted in this chapter.
B.
Specific
prohibitions. The following are specifically prohibited, except as
otherwise permitted in this chapter:
(1)
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, cassette
player, sound amplifier or similar device which produces, reproduces
or amplifies sound:
(2)
No person shall operate or permit the operation of any tools or equipment
used on construction operations, drilling or demolition or other work
or in the sweeping of parking lots in areas adjacent to residential
districts, between the hours of 10:00 p.m. of one day and 7:00 a.m.
of the following day on weekdays and Saturdays or at any time on Sundays
or legal holidays, in such a manner that the sound therefrom causes
a noise disturbance.
(3)
No person shall operate or permit the operation of any electrically
powered saw, drill, sander, grinder, lawn or garden tool, snowblower
or similar device used outdoors, between the hours of 10:00 p.m. of
one day and 7:00 a.m. of the following day, so as to cause a noise
disturbance.
(4)
No person shall load, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans or other objects, between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day, in such a manner as to cause a noise disturbance across a residential lot line. This Subsection B(4) shall not apply to municipal or utility services in or about the public right-of-way.
(5)
No person shall own, possess, harbor or control any animal or bird
which howls, barks, meows, squawks or makes other sounds continuously
and/or incessantly for a period of 10 minutes or makes such noise
intermittently for 1/2 hour or more to the disturbance of any person
at any time of the day or night, regardless of whether the animal
or bird is situated in or upon private property; provided, however,
that at the time the animal or bird is making such noise, no person
is trespassing or threatening to trespass upon private property in
or upon which the animal or bird is situated or for any other cause
which teased or provoked the animal or bird.
(6)
No person shall offer for sale or sell by shouting or outcry or by
any other amplified or unamplified sound except between the hours
of 7:00 a.m. of one day and 7:00 p.m. of the same day.
(7)
No person shall:
(a)
Remove or render inoperative, other than for purposes of maintenance,
repair, replacement or other work, any muffler or sound-dissipative
device or element of design or noise label of any product;
(b)
Intentionally move or render inaccurate or inoperative any sound-monitoring
instrument or other device positioned by or for the Borough or other
governmental entity, provided that such device or the immediate area
is clearly labeled or posted to warn of the potential illegality;
or
(c)
Use a product which has had a muffler or sound-dissipative device
or element of design or noise label removed or rendered inoperative
with knowledge or reason to know that such action has occurred.
(8)
No person shall repair, rebuild or test or otherwise work on any
motorcycle or other motor vehicle, motorboat or aircraft in such a
manner as to cause such disturbance across a lot line of the receiving
land use.
(9)
No person shall create such other noise as might pose a danger to
the public health, safety or welfare of the Borough or otherwise constitute
a nuisance in fact.
(10)
No person, including, without limitation, a pedestrian, shall make,
continue or cause to be made or continued any noise which creates
or causes a noise disturbance.
(11)
No person shall operate a motorcycle, truck, automobile or other
motor vehicle in such a manner as to cause or create a noise disturbance.
A.
Maximum permissible sound levels. Except for the acts prohibited or regulated in § 69-6 of this chapter, any sound or vibration in the Borough is permitted up to the maximum sound levels set forth in Table 1, when measured at the property boundary:
|
Table 1: Maximum Permitted Sound Levels
| ||
|---|---|---|
|
Frequency Band
(cycles per second)
|
Maximum Permitted Sound Level
(decibels)
| |
|
0 to 150
|
67
| |
|
150 to 300
|
59
| |
|
300 to 600
|
52
| |
|
600 to 1,200
|
46
| |
|
1,200 to 2,400
|
40
| |
|
2,400 to 4,800
|
34
| |
|
Above 4,800
|
32
| |
B.
Correction
for time of day. If the sound or vibration occurs between 10:00 p.m.
and 7:00 a.m. the following day or on weekends or legal holidays,
the permitted sound level will be five decibels lower in each of the
frequency bands in Table 1.
C.
Correction for character of sound. For any source of sound which emits an impulsive sound, the excursions of sound pressure level will not exceed 20 decibels over the maximum sound level limits set forth in Table I of Subsection A above, provided that in no case shall they exceed 80 decibels, regardless of time of day, using the fast-meter characteristics of a Type II meter, meeting the American National Standard Institute specifications S1.4-1971.
D.
Background
sound levels. In the event that the measured background sound level
exceeds the maximum permitted sound level in the applicable frequency
band, the maximum level will be raised five decibels to encompass
the background sound level.
The maximum permissible sound levels established in § 69-7 will not apply to any of the following sound sources:
A.
The
emission of sound for the purpose of alerting persons to the existence
of an emergency.
B.
Work
to provide electricity, water or other public utilities when public
health or safety are involved.
C.
Normal
residential activities, such as home maintenance or gardening, between
7:00 a.m. and 10:00 p.m. Residential parties and celebrations are
not exempted.
D.
Sound
of aircraft flight operations.
E.
Public
celebrations specifically authorized by the municipality.
F.
Surface
carriers engaged in commerce by railroad.
G.
Noncommercial
public speaking and public assembly activities conducted on any public
space or public right-of-way.
H.
Refuse
collection vehicles.
I.
Blasting, only if performed in accordance with a permit issued by
the Borough of West Conshohocken or its designee. Such blasting may
occur only between 8:00 a.m. and 4:30 p.m., Monday through Friday,
unless specifically authorized otherwise by the permit.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
J.
Band concerts, carnivals or other performances or similar activities
publicly or privately sponsored and presented in any public or private
space outdoors, provided that such activities do not occur between
11:00 p.m. on one day and 10:00 a.m. on the following day.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
K.
Noises caused by the performance of emergency work or by the ordinary
and accepted use of emergency apparatus and equipment.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
L.
Noises resulting from the provision, repair and maintenance of municipal/governmental
facilities or services or public utilities.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
M.
Noises created by organized school-related programs, activities or
athletic and entertainment events or other public programs, activities
or events, other than motor vehicle racing events.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
N.
Noises made by warning devices operating continuously for three minutes
or less, except that in the event of an actual emergency, the limitation
shall not apply.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
O.
Noises made by bells, chimes or carillons used for religious purposes
or in conjunction with national celebrations or public holidays, existing
bells, chimes and carillons and clock strike mechanisms that are currently
in use for any purpose.
[Added 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010]
A.
Permits. The NCO, upon application from any person, will have the authority to grant temporary permits to allow sound in excess of the maximum permissible sound levels set forth in § 69-6. The NCO may grant a permit if he or she determines that the temporary generation of such sound, under the circumstances, will not jeopardize the health, welfare or safety of the citizens of the Borough or if he or she determines, under the circumstances, that the enforcement of the maximum permissible sound levels set forth in § 69-6 would impose an unreasonable hardship upon the applicant. The NCO will have the authority to impose reasonable conditions and restrictions upon any applicant for a temporary permit to implement the policy of the Borough.
B.
Permit
applications.
(1)
Any person seeking a permit pursuant to this section must file an
application with the NCO at least 10 days prior to commencement of
the sound source. The application will include the following information:
(a)
The name and address of the applicant.
(b)
The proposed location of activity.
(c)
The proposed activity which will generate sound.
(d)
The proposed levels of sound to be generated and hours during which
the sound will be generated.
(e)
The proposed sound or vibration abatement measures.
(f)
Information which demonstrates an unreasonable hardship on the applicant,
on the community or on other persons.
(g)
The requested duration of the permit.
(2)
Notice of an application for a permit will be published once in a
newspaper of general circulation in the community and sent by regular
mail to the owner of each parcel of land contiguous to the location
of the proposed sound or vibration source. Any individual adversely
affected by allowance of the permit must file a challenge within five
business days of the publication of the permit notice with the NCO
containing any information to support his or her claim.
C.
Permit
challenges. If a sound permit application is not challenged by a neighboring
landowner, the NCO may grant the permit. In the event that a sound
permit application is challenged, the NCO may require the aggrieved
party to post a bond in an amount commensurate with the cost of holding
a public hearing. In all instances where a permit application is challenged,
the NCO will hold a public hearing within 10 business days of receipt
of the challenge. A public hearing for a challenge must be advertised
once in a newspaper of general circulation of the Borough. A permit
must be either issued or denied by the NCO within five business days
after the public hearing. If no decision has been made within that
time, a permit will automatically be issued.
D.
Appeals.
The decision of the NCO on a challenged permit application can be
appealed by either the applicant or the challenger. The appeal must
be made to the Borough Council within five business days of the decision
of the NCO. The Borough Council will decide on the appeal of the permit
application within 30 days of the receipt of the appeal.
E.
Permit
criteria. In determining whether to grant or deny the application,
the NCO will determine the hardship on the applicant, the community
and other persons of not granting the permit against the adverse impact
on the health, safety and welfare of persons affected, the adverse
impact on property affected and any other adverse impacts of granting
the permit. The NCO may require any reasonable information from persons
applying for a permit or persons contesting a permit. In granting
or denying an application, the NCO will keep on public file a copy
of the decision and the reasons for denying or granting the permit.
F.
Permit
conditions. Permits will be granted by notice to the applicant containing
all necessary conditions, including a time limit on the permitted
activity. The maximum duration of any permit will be six months. A
performance bond may be required at the discretion of the NCO. The
permit will not become effective until all conditions are agreed to
by the applicant. Noncompliance with any condition of the permit will
terminate the permit.
G.
Extensions. Application for extension of time limits specified in permits or for modification of other substantial conditions will be treated like applications for initial permits under Subsection B.
H.
Guidelines.
The NCO may issue guidelines (approved by Borough Council) defining
the procedures to be followed in applying for a permit and the criteria
to be considered in deciding whether to grant a permit.
A.
Extensions. Within 10 business days following the effective date of this chapter, the owner or originator of any existing source of sound or vibration may apply to the NCO for an extension of time within which to comply with § 69-6. The NCO will have the authority to grant such an extension, not to exceed seven business days.
B.
Applications. Any person seeking a permit extension or an extension for an existing source of sound or vibration will file an application with the NCO. Said application will contain the information required in § 69-7B of this chapter.
C.
Extension criteria. In determining whether to grant or deny the extension
for an existing source of sound or vibration or the application for
permit extension, the NCO will balance the hardship on the applicant,
the community and other persons of not granting the extension against
the adverse impact on health, safety and welfare of persons affected,
the adverse impact on property affected and any other adverse impacts
of granting the extension. Applicants for extension may be required
to submit any information the NCO may reasonably require. In granting
or denying any application, the NCO will keep on public file a copy
of the decision and the reasons for denying or granting the extension.
D.
Conditions. Extensions will be granted by notice to the applicant
containing all necessary conditions, including a schedule for achieving
compliance. A performance bond may be required at the discretion of
the NCO. The extension will not become effective until all conditions
are agreed to by the applicant. Noncompliance with any condition of
the extension will terminate the extension.
E.
Appeals. The decision of the NCO on a time extension can be appealed
by either the applicant or any challenger. The appeal must be made
to the Borough Council within five business days of the decision of
the NCO. The Borough Council will decide on the appeal of the application
for permit extension or for extension of an existing sound or vibration
source within 30 days of receipt of the appeal.
F.
Guidelines. The NCO may issue guidelines (approved by the Borough
Council) defining the procedures to be followed in applying for an
extension and the criteria to be considered in deciding whether to
grant an extension.
A.
Any person violating the provisions of this chapter shall be subject to the provisions detailed in Chapter 53A of the Code of the Borough of West Conshohocken.
[Amended 4-13-2010 by Ord. No. 2010-06, approved 4-13-2010; 10-12-2010 by Ord. No.
2010-14, approved 10-12-2010]
B.
Abatement orders. In lieu of issuing a notice of violation, the NCO
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 prescribed by the NCO and approved
by the Borough Council.
C.
Other remedies. No provision of this chapter will be construed to
impair any common law or statutory cause of action or legal remedy
resulting from the action of any person for injury or damage arising
from any violation of this chapter or from other law.
