1. Definitions. The following words, terms and phrases when used in this Section shall have the meaning ascribed to them in this Section, except where the context clearly indicates a different meaning:
A-WEIGHTED SOUND LEVEL—the sound pressure level in decibels as measured on a sound level meter using the A-weighing network. The level so read is designated dB(A).
ABSORPTIVE SOUND MITIGATION BARRIER—a physical barrier, such as a berm, vegetation, wall, building, mechanical equipment mitigation barrier or combination of such barriers, intended to reduce sound level of the sound which would otherwise pass through its location.
CONSTRUCTION OPERATION—the erection, repair, renovation, demolition, or removal of any building or structure; and the excavation, filling, grading and regulation of lots in connection therewith.
DECIBEL (dB)—a unit for measuring the sound pressure level, 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).
EMERGENCY—any occurrence or set of circumstances involving actual or imminent physical trauma or property damage.
EXTRANEOUS SOUND—a sound which is neither part of the neighborhood residual sound nor comes from the source under investigation.
IMPULSIVE SOUND—sound of short duration, usually less than 1 second, with an abrupt onset and rapid decay. Examples of impulsive sound include explo sions, drop forge impacts, and the discharge of firearms.
NEIGHBORHOOD RESIDUAL SOUND LEVEL—that measured value which represents the summation of the sound from all of the discrete sources affecting a given site at a given time, exclusive of extraneous and transient sounds and the sound from the source of interest.
NOISE—any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE—any sound which (1) endangers or injures the safety or health of humans or animals, or (2) annoys or disturbs a reasonable person of normal sensitivities, or (3) endangers or injures personal or real property.
PURE TONE—any sound which can be heard as a single pitch or a set of single pitches.
REAL PROPERTY—all land whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to public right-of- way.
REAL PROPERTY BOUNDARY—either (1), the imaginary line, including its vertical extension that separates one parcel of real property from another; or (2), the vertical and horizontal boundaries of a dwelling unit that is one in a multi- dwelling unit building.
SOUND—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 characteristics of such sound, including duration, intensity, and frequency.
SOUND LEVEL—the weighted sound pressure level obtained by the use of a sound level meter and frequency weighing network, such as A, B or C.
SOUND LEVEL METER—an instrument used to measure sound level.
SOUND PRESSURE—the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
SOUND PRESSURE LEVEL—the level of a sound measured in dB units with a sound level meter which has a uniform (“flat”) response over the band of frequencies measured.
TRANSIENT SOUND—a sound whose level does not remain constant during measurement.
2. Sound Levels by Receiving Land Use.
A. Maximum Permissible Sound Levels by Receiving Land Use. No person shall operate or cause to be operated on public or private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth in the receiving land use category in Table 27-504-1 when measured at or within the real property boundary of the receiving land use. Any noise source that produces sound in excess of those levels shall constitute a noise disturbance.
Receiving Land Use | Sound Level Limit 7 A.M–10 P.M. | Sound Level Limit 10 P.M–7 A.M. |
Residential (Zones PR, MR) | 57 | 52 |
Parks and Institutional Zone LU) | 67 | 62 |
Business (Zones PUD) | 67 | 62 |
Industrial (Zones PIO, AI) | 77 | 77 |
B. Excessive Neighborhood Residual Sound Levels. In the event that the background sound levels in an area of suspected noise disturbance exceed the levels set forth in Table 27-504-1 above, an intrusive noise source which causes a 10 dB(A) increase in sound level above that background level shall constitute a noise disturbance.
C. Correction for Character of Sound. For any source of sound which emits a pure tone or impulsive sound, the maximum sound level limits set forth in subsection (2)(A) shall be reduced 5 dB(A).
3. Exceptions, Variances and Extensions. The provisions of this Section shall not apply to:
A. Emergencies. The emission of sound for the purpose of alerting persons to the existence of an emergency or from the performance of emergency work.
B. Municipal and Utility Services. The emission of sound resulting from the repair or replacement of any municipal or utility installation(s) in or about the public right-of-way.
C. Places of Religious Worship. The sounding or permitting the sounding of any stationary bell or chime used in conjunction with places of religious worship.
D. Aircraft and Airport Operations. Normal aircraft and airport operations.
E. Construction Operation.
Monday through Friday 6:30 a.m. to 7 p.m.
Weekends 8 a.m. to 5 p.m.
New Year’s Day, Easter, Memorial Day, Thanksgiving, Christmas Day only by permission from Township upon demonstration of special need.
4. Sound Barrier Mitigation Measures. Any absorptive sound mitigation barrier constructed to satisfy the requirements of this or any other ordinance of the Township shall be subject to the following requirements:
A. Such sound barriers shall be designed by a qualified expert acoustic professional in accordance with methods included in the guidelines of the Environmental Protection Agency, Federal Highway Administration, American Association of State Highway and Transportation Officials, and American Society of Heating Refrigerating and Air-Conditioning Engi neers, following a sound study of the area.
B. Prior to design, applicant shall conduct a preliminary sound study.
C. The Township Council shall approve the scope of the preliminary sound study before the same is undertaken, the method and type of mitigation measure design prior to sound barrier design, and the final sound barrier mitigation design.
D. The mitigation design shall take into account all factors of sound propaga tion including but not limited to direct, line-of-sight, flanking, ground type, and reflection.
E. A post sound barrier mitigation measure construction sound study will be performed by the property owner immediately after occupancy to ensure that the sound barrier mitigation measure is performing the desired sound mitigation.
F. For any such sound barrier constructed as part of a project requiring approval under Chapter 22 hereof, the Subdivision and Land Development Ordinance, reviews and approvals required by this Section shall be processed as part of the land development approval application.
G. Every effort will be made to minimize any increases in project generated sound levels below the permissible sound levels. The project proponent shall include all reasonable sound mitigation measures. The Township Council shall approval all mitigation measures.
H. An absorptive sound mitigation barrier or other structure erected in accordance with this provision shall not be subject to the restrictions of Section 27-501 pertaining to the height of fences, walls and hedges.
I. An absorptive sound mitigation barrier or other structure erected in accordance with this provision shall satisfy any requirements for a fence pursuant to Section 27-512 of this Chapter.
(Ord. 45, Z-§ 504, 5/12/76; as amended by Ord. 540, 1/16/2013; and by Ord. 625, § 1, 12/2/2020)