niedbala@observer-reporter.com
Center Township supervisors adopted an ordinance Thursday aimed at regulating disturbing and excessive noise in the township.
The supervisors began considering an ordinance to regulate noise several months ago after hearing residents' complaints about noise primarily from mine fans and gas compressors, Supervisor Paul Cook said.
The supervisors have discussed the ordinance at several meetings and have "heard both sides," he said.
Residents generally have supported the township's efforts, while CNX Gas has maintained the ordinance is too stringent. A CNX spokesman could not be reached Friday for comment.
Cook said he believes the company probably is still not satisfied with the ordinance.
"But we've got to look out for the public; that's our job," he said.
Nadine Obermiller, one of the residents who has pushed for a noise ordinance, said she believes the ordinance at least represents "a start." Residents will have to wait to see how the ordinance is enforced, she said.
Noise limits established by the ordinance adopted Thursday are the same as those considered in the proposed ordinance. Under the ordinance, noise limits range from 30 to 60 decibels, depending on the frequency of the sound.
The ordinance includes exemptions for lawn and garden equipment, air conditioners, short-term projects including construction, well drilling and portal construction, existing firing ranges, vehicle traffic and farm-related operations.
The ordinance also includes a "grandfather clause" exempting from noise standards existing commercial and industrial operations. These include mining facilities and gas wells.
The ordinance will be enforced by the code enforcement officer. When a complaint is received, sound levels will be measured, and, if the noise is determined to be too loud, a warning will be issued. If the matter is not corrected within six months, fines of up to $1,000 can be assessed.
Township solicitor William Hook said maximum noise levels permitted by the ordinance are the same as the industrial noise standards established under the Franklin and Whiteley township zoning ordinances.
The standards are different from those set by the Wayne Township noise ordinance challenged in a court filing Thursday by Foundation Coal. That ordinance limits noise to 45 decibels in the day and 40 decibels at night.
The coal company claims the Wayne Township ordinance could prevent it from mining coal and argues that surface mining activities are regulated by state law not township ordinances.
The same issue of whether the local ordinance is preempted by state law could come into play in regard to the Center Township noise ordinance, Hook said.