Cumberland County Review Report Cumberland County Planning Department 310 Allen Road, Suite 101 Carlisle, PA 17013 Telephone: (717) 240-5362 Name of Amendment: Penn Township Noise Ordinance Municipality: Date Received: Date Reviewed: Reviewed By: Checked By: Penn Township 2/21/18 2/28/18 KS JK Type of Amendment: 34T Explanation of Amendment: New Stand Alone Noise Ordinance Consistent with Municipal Comprehensive Plan: Project is Consistent Comments and Recommendations: Recommendation: See Comments Below Consistent with County Comprehensive Plan: Project is Consistent 1. Page 1 Conditional Use Noise Waiver definition The terminology on this definition is unclear. Does it refer to a conditional use process as followed under the zoning ordinance or a separate process specific to this standalone ordinance? The term is not found or discussed anywhere else in the ordinance. Consider covering this issue as part of the exemptions section or deleting it. 2. Page 1 Definitions The ordinance has 2 separate definitions of noise that could be regulated; excessive sound, and noise disturbance. Is all excessive sound a noise disturbance? How is excessive sound measured? Consider defining and using a single term that reflects the noises that would be subject to enforcement actions from the township. In this case, noise disturbance appears to be the most appropriate. 3. Page 2 Public nuisance definition Does Penn Township have a nuisance ordinance? If so, include the definition of nuisance from that ordinance to maintain consistency. 4. Page 2 dba definition This definition should clarify that this is an abbreviation for decibels adjusted. 5. Page 2 Section 3 The term noise pollution is used. Noise pollution should be defined. How does it relate to excessive sound and noise disturbances? 6. Page 2 Section 4 Definition of noise disturbance Move this definition into the definitions section. The definition also needs to be revised for clarity. Is a noise disturbance something that exceeds the limits set in Section 5.2.a-b OR could a noise disturbance also be a noise that does not exceed noise limits but is found to: unreasonably interferes with the enjoyment of property or lawful business or activity annoying to a reasonable person with normal sensitivities Without a defined measurable threshold for noise, it would be difficult to prove what noise is annoying or interferes with the use of property. Further, enforcement of non-measurable
standards will be a challenge. 7. Page 3 Section 5.2.a. The term adjacent should be further defined or deleted. The residential district is adjacent to the commercial/industrial district and agriculture district. If noise is measured from the receiving district (i.e. residential district), which sound regulation would apply in these adjacent districts, Section 5.2.a or Section 5.2.b.? Does that regulation govern the entire district or only that part of the district that creates noise that can be heard in the residential district? 8. Page 3, Section 5.3.e.-h. Personal boundary should be defined. Property boundary may be a better term and is used elsewhere in the ordinance. 9. Page 3, Section 5.3 e.-h. This section needs to be revised for clarity and evaluated if it is too strict. Are the activities in subsections e.- h. all considered noise disturbances or do they need to exceed the established noise limits in Section 2 to be considered a noise disturbance? All of the activities produce noise that will extend beyond personal boundary lines but in many cases would not exceed the established noise limits or be offensive to neighbors. 10. Page 4, Section 5.4 Delete the phrase and/or any noise or sound after the word continuously in the 3 rd line. The phase is duplicative and not necessary in the section. 11. Page 4, Section 5.5 Do off-road vehicles need to exceed the stated noise limits or does any noise from an off-road vehicle that crosses property lines constitute a violation? This provision appears to be overly restrictive, especially for a rural area. The provision could essentially prohibit personal use of off-road vehicles whose engines are commonly heard across property boundaries, but often at low levels. 12. Page 4, Section 5.6 As noted above are all of the activities listed here considered a noise disturbance or do they need to exceed the established noise limits to be in violation of this ordinance? 13. Page 4, Section 6.5 Clarify last sentence - Is the intent to exclude from the exemptions amplified or electronic sound currently in use, or to exempt amplified or electronic sound currently in use? 14. Page 5, Section 8 The Township should evaluate the enforceability of this ordinance. Township staff are generally not on duty between 9 PM and 7 AM, the time when many of the noise limits are in place. Who will enforce these standards? Section 505 (b) and 609 (g) of the Municipalities Planning Code requires that amendments to municipal ordinances be filed with the county planning agency. If this amendment is approved, please forward a final copy to the county planning office so we may update our records. Page 2 of 2