August 3, 2000 Meeting
Results written after the 8/3/2000 meeting are shown in red italics.
Water Authority Vacancy: Mr. Saggio has resigned his term. He was an asset to the board and will be missed. The board had several choices. Members of the Water Authority had recommended a couple possibilities for replacement. I would have favored any of these men, but Mr. Rarick moved that a Mr. Shed be appointed. Mr. Shed was voted in 2 to 1.
Two ordinances are to be considered:
The first is a noise ordinance. This ordinance is precipitated by the recent parties at Shady Glen ( a grove on US 222 just North of the end of the "road to nowhere") There are several events held at the grove. Sometimes people rent it from the owner/caterer for a "sweet sixteen" birthday party. Sometimes wedding receptions are held there, and sometimes an entrepreneur will rent the grove, hire a band and sell tickets. On one or two occasions the entrepreneur has had the band there late and generated some noise complaints. I think our big problem is we as a township have been sending these people mixed messages. They have been getting an amusement tax permit from the tax collector. This paper states that it expires at 12 midnight (since it is only a one day tax permit). They have been under the impression this permit allowed them to play the band until midnight. In reality I think most people would be happy if the band stopped at 11 PM. We have to be careful here. In this day of desire for open space we have a nice grove that is privately maintained and available to all to rent. The owner/caterer needs to make a living off the rental of this grove. If we as a community make his life more difficult, we run the risk of having the tree lined grove turned into a strip mall. The ordinance is patterned after the one used in Ontelaunee Township. I have reproduced it below. My comments follow the text.
Noise and Vibration
Sound level limits, measured at the property line of the source of noise. shall be as follows, unless a more restrictive standard is applied elsewhere in this Ordinance.
Ambient sound levels shall be observed with an Integrating Sound Level Meter complying with current Type I ANSI or ISO standards. The meter shall be set to "Fast" response and "A'' weighting. The average (equivalent) sound level shall be observed over at least a 20-minute period.
Measurements to determine compliance with Sound Level Limits shall be done with an Integrating Sound Level Meter complying with current Type I ANSI or ISO standards. The meter shall be set to "Fast" response and "A'' weighting. The average (equivalent) sound level shall be observed over at least a 20-minute period.
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Sound Levels by Receiving Land Use |
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Zoning of Adjoining Lot |
Time |
Sound Level (Leg) Limit |
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Residential, Agricultural or |
7:00 a.m. - 10:00 p.m. |
60 dBA |
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Rural |
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10:00 p.m. - 7:00 a.m. |
50 dBA |
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plus Sundays and legal |
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holidays |
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Commercial or Industrial- |
7:00 a.m. - 10:00 p.m. |
65 dBA |
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Commercial |
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10:00 p.m. - 7:00 a.m. |
65 dBA |
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plus Sundays and legal |
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holidays |
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Industrial |
all times |
70 dBA |
If existing ambient sound levels are equal to or higher than the prescribed limit, the new noise source shall be permitted to result in a sound level increase of up to 3dBA over existing ambient sound levels, or to a maximum level which is 7 dBA higher than the prescribed maximum in the preceding table, whichever is lower. If the existing ambient sound levels are more than 7dBA above the prescribed maximum, no increase above ambient sound levels shall be permitted. The maximum permissible sound levels listed in the previous table shall not apply to any of the following noise sources:
The emission of sound for the purpose of altering persons to the existence of an emergency.
Emergency work to provide electricity, water, or other public utilities when public health or safety are involved.
Construction operations.
Lawn maintenance equipment.
Motor vehicle operations.
Short duration sound levels related to isolated events, provided the duration is less than one minute and the sound level does not exceed 90 dBA at the property line; provided they do not occur more than one time per hour; and provided they occur only between the hours of 7:00 a.m. and 7:00 p.m.
Roy's Comments on Noise: There are some good things about this ordinance. It is objective (requiring measurements in dBA) It exempts construction and motor vehicles (loud pipes can continue to save lives in Maidencreek). Our zoning officer has access to a calibrated noise meter through Ontelaunee Township. My concerns are that the 10PM time will place an unreasonable burden on the owner of the grove, the fire company carnival, and any neighbors having an annual block party. Comments were made by Mr Rarick at the last meeting that if we say 10 PM hopefully they will shut down by 11 PM. I think we should mean what we say and say what we mean. If we want quiet by 11 PM we should say 11 PM and come down like a ton of bricks when they go past 11 PM. The other concern I have is the noise levels themselves. Long term exposure to 80 dBA is what OSHA considers to require hearing protection. For a band or carnival 80 dBA is likely too quiet. I fear 60 dBA at the grove and fire hall may be unreasonable.
The township Manager brought a sound meter and we measured that the sound of conversation in the meeting room fluctuated between 60 and 70 dBA. I believe this ordinance as written will be unenforceable. If we sighted people at the grove in question, all they need to do is hire an expert to measure the traffic noise on 222 with the grove empty. This noise will be above the 60 dBA limit. They can then claim to the judge that the township can not demonstrate that their measurement was the party and not traffic noise. Notice that the ordinance mentions a 3 dB above ambient allowance, but I fail to see how the township can accurately measure ambient noise in the presence of the offending noise. This ordinance may get people to quiet down by 10 or 11, but if we ever cited them I believe they would have no difficulty avoiding the fine.
The NOISE ORDINANCE will be incorporated into the zoning and be voted on after a public hearing at 6:00 PM 9/14/00.
The second ordinance is stop signs at Spirit Court and Titus. This is a Tee intersection with Spirit being the straight road. The Stop sign on Titus will eventually be removed and two signs will be on Spirit. The residents were complaining that children had difficulty crossing the street etc. The traffic on Spirit will now be forced to stop.
The stop sign ordinance went as planned all three members voted for the stop sign modification. The signs at Spirit Court will have signs below them reading "Cross Traffic does not stop" to remind people that the traffic on Titus Road will no longer stop.
Paid for by Roy Timpe