UPPER MACUNGIE TWP., Pa. — The township Board of Supervisors soon may vote to adopt a new law meant to address resident complaints of loud noise.
The draft of the new law would significantly reduce the maximum allowed noise levels in both the residential and industrial sections of the township.
But supervisors currently disagree about the effectiveness of the proposed language.
“I don’t think it’s a step forward in addressing some of the concerns the residents brought up,” Board Vice Chairman Sunny Ghai said. “In fact, I think in some cases, it’s a step back.”
Board Chairman Jeff Fleischaker said, “I think that it properly reflects most of what was discussed at the workshop back in March.”
“It has a subjective and objective component that we discussed, and it has a process for private citizens to make complaints and as a process for the township to enforce them, which is more thorough than we had before.”
The board is scheduled to vote on whether to adopt the new noise ordinance at its meeting at 7 p.m. Sept. 5.
It first will hold a hearing on whether to remove the current language in the zoning ordinance.
What would change?
Upper Macungie’s current noise ordinance has separate standards for the industrial and residential sections of the township.
In the residential district, the noise level can be a maximum of 70 decibels during the day and 65 dB at night, with exceptions such as emergency sirens.
In the industrial district, the maximum noise level at any time is 75 decibels.
The new noise ordinance would lower the maximum noise level in the residential district to 65dB during the day and 50dB at night, and would lower the maximum to 65dB 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 80dB.
When a resident would make a complaint, the sound would be measured on that residents’ property line to see if the law has been violated.
According to the National Institute of Health, noise at 70 dB or below is generally safe, but long or repeated exposure to noise over 85dB may cause hearing loss.
Both the current and new ordinances have exceptions to those rules for noises such as emergency sirens, backup generators and agricultural activities.
Residents also would be allowed to use lawnmowers even if they were louder than 65dB, as long as they are operated between 7 a.m. and 10 p.m.
The new ordinance states that any person found guilty of violating it “shall be fined not less than $250.00 for the first offense, and not less than $500.00 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.”
Thoughts from supervisors
Fleischaker said the old ordinance was not specific enough and did not lay out a process to enforce it.
“One of the things that I personally am looking for out of the new ordinance is not just specific decimal numbers, but a process by which the township can actually enforce things,” Fleischaker said.
Fleischaker said he feels the current draft achieves those goals, but he wants to hear what township residents and the other supervisors say before making a final call.
“I'm happy to have someone change my mind,” Fleischaker said.
Ghai said he thinks the biggest problem with the draft ordinance is that noise would be measured at the complainant’s property rather than the source from where it came.
He said he thinks residents who may be walking around the township outside of their property have the right to be protected from loud noises.
“I want our businesses to feel welcome in the township, but I also want them to put in some noise abatement."Supervisor Sunny Ghai
Ghai also said he thinks the 80dB limit on “impulsive sounds” is too loud.
Despite the issues he has with the law in its current form, Ghai said he hopes it will lead companies in the township to put up sound barriers.
“I want our businesses to feel welcome in the township, but I also want them to put in some noise abatement,” Ghai said.
Existing businesses would have to follow the rule and would not be “grandfathered in,” township solicitor Andrew Shantz confirmed.
Both Ghai and Fleischaker encouraged residents to share their thoughts about the new noise ordinance with the township.
Supervisor Jim Brunnell did not respond to a request for comment.
