Brookville City Zoning Code
ARTICLE VIII
Noise
§ 230-86 Purposes; word usage.
Certain words used in this article are defined below. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word "shall" is mandatory and not permissive. These factors are the basis for this section and other sections of this chapter. This particular section and its subsections are part of the Borough's Performance Standards. Section 230-88 of this article sets the performance standards regarding noise levels in the Borough by use and the use of adjacent lands along the noise generator's property lines.
§ 230-87 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The normal or existing level of noise from existing conditions or activities at a given location.
An instrument used for hearing sensitivity.
A unit of sound level measuring the amplitude of sound. The symbol "dB" is used to express noise level.
These activities are those commonly associated with general home and property maintenance. These uses include, but are not limited to:
A reduction on the number of source using a substance, material, or surface such as an earthen berm and/or dense wall.
Any noise exceeding the noise limits established for zoning districts and those sites of different intensity bordering one another.
Continuous or episodic excessive noise in the human environment.
See "noise attenuation."
Any condition or situation that results in the interference with the enjoyment and use of property.
Any environmental pollutant, such as smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare, or heat.
A set of criteria or limit items of a site or subdivision development. In particular, they usually address noise, vibration, glare, heat, stormwater management and transportation issues.
Detailed instructions that designate the quality and quantity of materials and workmanship expected in the construction of a structure.
See "noise."
§ 230-88 Listing of common sound levels.
A.
The table below provides a detailed listing of sound levels that are common to the unimpaired human ear. These details establish what is excessive noise between adjacent land uses and properties. There are other variables that may be used as an acceptable way of determining noise levels; however, that issue is one of conditional use by the Borough Planning Commission or Borough Council or a Zoning Hearing Board variance.
B.
Table VIII-A demonstrates noise levels on a human scale and their effect on persons and adjacent properties. In some instances, the levels of sound create a nuisance and create conflicting rather than cohesive land use patterns.
TABLE-VIII-A | |||
|---|---|---|---|
Sound Levels and Human Response | |||
Common Sounds | Noise Level | Effect | |
Air raid siren Carrier deck Jet operation | 140 | Painfully loud | |
Jet takeoff (200 feet) Thunderclap | 130 | Painfully loud | |
Disco Auto horn (3 feet) | 120 | Maximum vocal effects | |
Pile drivers Chain saws (2 feet) | 110 | Maximum vocal effects | |
Garbage truck (50 feet) Power lawn mower (4 feet) | 100 | Maximum vocal effects | |
Heavy tuck (50 feet) City traffic (8 hours) | 90 | Very annoying, hearing damage | |
Alarm clock (2 feet) Hair dryer Vacuum cleaner (5 feet) | 80 | Annoying | |
Noisy restaurant Freeway traffic Man's voice (3 feet) | 70 | Telephone use difficult | |
Air-conditioning unit (20 feet) | 60 | Intrusive | |
Light auto traffic (100 feet) | 50 | Intrusive | |
Living room | 40 | Quiet | |
Bedroom | 40 | Quiet | |
Quiet office | 40 | Quiet | |
Library Soft whisper (15 feet) | 30 | Very quiet | |
Broadcasting studio | 20 10 0 | Just audible, hearing begins | |
Based on sound levels and human response listed in the "Latest Book of Development Definitions," City of Chula Vista, California's Noise Control Ordinance. The book is updated each decade to reflect trends in land development and is published by the School of Planning and Public Policy, Rutgers, The State University of New Jersey, New Brunswick, New Jersey, 2004. | |||
§ 230-89 Maximum sound levels.
No person or noise-generating equipment, machines, vehicle, or the like shall emit or produce any source of continuous sound (any sound that is steady, fluctuating, or intermittent with a resurgence greater than one time in any fifteen-second interval) in such a manner as to create a sound level that exceeds the limits set forth for the receiving land use category in the following table (Table-VIII-B). Such measurement shall be at the property line on the receiving land.
§ 230-90 Noise level and human response.
The ambient sound level of any operation (other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the decibel levels listed in the tables shown.
A.
The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, "ambient noise level" is the average over 15 minutes of the alleged offensive noise, excluding random or intermittent noises. Averaging may be done by instrument analysis in accordance with American National Standard § 13-1971, or may be done manually as follows:
(1)
Observe a sound-level meter for five seconds and record the best estimate of central tendency of the indicator needle and the highest and lowest indications.
(2)
Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of the fifteen-minute period and that there shall be at least as many observations as there are decibels between the lowest low indication and the highest high indication.
(3)
Calculate the arithmetical average of the observed central tendency indications.
B.
It shall be unlawful for any person to operate any fixed machinery or equipment or similar mechanical device in any manner so as to create any noise, which would cause the noise level measured at the property line of the property affected by the noise emission to be beyond permitted levels.
(1)
Noise limits shall not exceed the following.
TABLE VIII-B | |||
|---|---|---|---|
Noise Levels and Human Response | |||
Zoning District | Time Period | Sound Level (dba) | |
OC | 7:00 a.m. to 9:00 p.m. 9:00 p.m. to 7:00 a.m. | 90 60 | |
LDR, MDR, SR, TZ, RC, DC and HOD | 7:00 a.m. to 9:00 p.m. 9:00 p.m. to 7:00 a.m. | 80 60 | |
LI-1, LI-2 | 24 hours | 100 | |
(2)
If the measurement location is on a boundary between two zoning districts, the lower sound level shall apply.