UPPER MACUNGIE TWP., Pa. — Township supervisors on Thursday voted 2-1 to approve a new noise ordinance without a clause that existing businesses would be "grandfathered in."
It was an item that led to discussion and dispute the last time it was discussed.
The new noise ordinance will lower the maximum noise allowed, citing quality-of-life issues related to noise pollution.
"If you're hearing a noise that you think violates the ordinance, what we're trying to give to you is the right to call code enforcement in the township, have the complaint registered, put it to the code enforcement officer to make a judgment. And if you disagree with that judgment, you can have a conversation."Supervisor Jeff Fleischaker
Township officials said that they do not believe that any business currently operating would be in violation of the ordinance — but there could be some risk of making changes in business operation.
Among concerns with a grandfathering clause was that it would make it so that two instances of the same operation — one started before and one after the legislation went into effect — would be on different tiers of enforcement.
Some residents also voiced opposition to including such a clause, speaking at the meeting in support of greater noise control in the township.
The township has discretion whether to bring enforcement of the ordinance, granting the potential for some flexibility.
"If you're hearing a noise that you think violates the ordinance, what we're trying to give to you is the right to call code enforcement in the township, have the complaint registered, put it to the code enforcement officer to make a judgment," Supervisor Jeff Fleischaker said.
"And if you disagree with that judgment, you can have a conversation."
'As much of a voice as the residents'
If a complaint is made, a mediation mitigation allowance in the ordinance allows for issues to be resolved before a violation is handed out.
Officials say residents would be part of the enforcement of the rule through the filing of complaints with the township, and noted concerns that while some noises are below the permitted level, the constant presence of sounds from industrial areas make it difficult or impossible to find times of silence on their property.
Supervisor James Brunell, who was opposed to the measure, said that in three years, 12 complaints were made to the township. He said that was "a lot" for something he does not see as a big issue currently.
"What we need to remember as a resident is, at the end of the day, Prologis, individuals like Prologis, have every bit of a right as we do, and they are, whether we like it or not, funding the majority of the township," Brunell said.
"I'm not saying that gives them more right than you, but they have a consideration, and I think that we're not being fair to them right now.
"I'm not saying that there aren't issues in small cases, because there are. But I think the way that we're dealing with this really isn't fair, and I think that the businesses are owed as much of a voice as the residents."
Greg Davis, a lawyer representing Prologis, asked if the township could let businesses provide their own data on sound readings in the case the new law would impede their operations.
Officials in response said that current readings were done in response to complaints and noted it was the third hearing since March where the issue was discussed.
The law goes into effect in six months.
Guidelines under new ordinance
Upper Macungie’s prior noise ordinance has separate standards for the industrial and residential sections of the township.
In residential areas, the noise level currently can be a maximum of 70 decibels during the day and 65 dB at night, with exceptions, such as emergency sirens.
In industrial areas, the maximum noise level at any time is 75 dB.
The new noise ordinance lowers the maximum noise level in the residential district to 65dB during the day and 50 dB at night, and would lower the maximum to 65 dB at all times for the industrial district.
It would allow “impulsive sounds,” or sounds that last for short durations, such as fireworks or revving an engine, to be up to 80 dB.
It exempts some sources, such as emergency services and related sirens, religious bells and chimes, vehicle engines on PennDOT roads, community, school or municipal sponsored and approved special events, backup generators or agricultural activities.
Residents also would be allowed to use lawnmowers even if they were louder than 65 dB, as long as they are operated between 7 a.m. and 10 p.m.
According to the National Institutes of Health, noise at 70 dB or below is generally safe, but long or repeated exposure to noise over 85 dB may cause hearing loss.
The new ordinance states that any person found guilty of violating it “shall be fined not less than $250 for the first offense, and not less than $500 for any subsequent offenses.”
If that person does not pay the fine, he or she would be sentenced to jail “for a term not to exceed 30 days for each offense.”
Reporter Olivia Marble contributed to this report.
