UPPER MACUNGIE TWP., Pa. — Upper Macungie soon may get a bit quieter.
Upper Macungie Board of Supervisors on Tuesday held a resident workshop about its noise ordinance — the local law that governs how loud businesses and residents can be.
The three-hour discussion included experts, township staff and residents who debated how to best change the law so that it doesn’t violate property owner’s rights, but it can address resident complaints.
“We're just looking for something in the end that's fair, reasonable and enforceable for our residents and our businesses,” Township Manager Robert Ibach said.
The township and the police department combined have received only about 40 complaints in the past three years about noise generated from businesses, according to a presentation at the meeting.
But resident Scott Keller said he has spoken to about 100 residents who have complaints about noise, especially from tractor trailers’ "jake brakes," or engine brakes. He presented the board with signatures from many of those residents.
“We need your help, and you need our help,” Keller said. “We can't just complain about it in the home. We have to fix this.”
The township can't make laws about the noise from tractor-trailers, township solicitor Andrew Shantz said. Board Vice Chairman Sunny Ghai encouraged residents to speak with their state representatives.
It's not clear whether the new law would apply to existing businesses, or they would be “grandfathered in,” meaning they would follow the law that existed when they began operating.
Shantz said he would look more into the issue.
The board will continue the discussion at its next general meeting, at 7 p.m. April 4 in the municipal building, 8330 Schantz Road in Breinigsville.
What does the current law say?
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.
According to the U.S. Centers for Disease Control and Prevention website, "noise above 70 dB over a prolonged period of time may start to damage your hearing."
At 85dB, damage to hearing is possible after two hours of exposure, according to the website.
Dayna Bowen, principal consultant at planning consultant firm HMMH, said New Jersey law sets the maximum noise level in commercial or industrial areas at 65dB.
What might change
The board considered several potential changes to the ordinance.
Those included lowering the maximum decibel level, training code enforcement officers in how to measure sound and requiring new developments to conduct a sound study.
The new law could have both quantitative noise limits, such as specific decibel levels, as well as a qualitative limit that would be based on perceived sound.
Ghai said he is in favor of including both qualitative and quantitative measures in the law so the township could address more complaints.
“I've experienced, as I'm sure most of you have, there are certain frequencies that can drive you nuts, like high-pitched,” Ghai said.
“It doesn't have to be very loud. It can actually be very soft. But if you can hear that, it’ll drive you crazy.”
“It is so very subjective. And to whose sensibilities are we [catering to]? And we say normal sensibilities, but what is the normal sensibility?"Kalman Sostarecz, Upper Macungie Township director of community development
Director of Community Development Kalman Sostarecz said he looked into qualitative ordinances from neighboring townships, but there are difficulties with enforcing them.
“It is so very subjective," Sostarecz said. "And to whose sensibilities are we [catering to]? And we say normal sensibilities, but what is the normal sensibility?
"And I think that's the difficulty in enforcing that specifically.”
Board Chairman Jeff Fleischaker said even if current businesses were "grandfathered in" and would not be subjected to the new law, it could be written so that if those businesses even changed uses, they would have to follow the new law.
Shantz said no noise ordinance could address all concerns.
“There's not a silver bullet here that is the cure for any noise situation,” Shantz said. “If there were, there'd be a lot of those ordinances out there.”
Resident Christine Gerveshi suggested creating a good neighbors coalition to try to negotiate with business owners whenever the law could not stop the noise.
