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Borough of Hellertown

Ordinance No.: 836

The Borough Council of the Borough of Hellertown will consider for adoption at its regularly scheduled meeting on May 3, 2021 an ordinance of the Borough of Hellertown, Northampton County, Pennsylvania adding chapter 279 entitled “noise regulations”.

The full text of the ordinance is available below, The Express Times and the Northampton County Law Library.

BOROUGH OF HELLERTOWN

NORTHAMPTON COUNTY, PENNSYLVANIA

ORDINANCE NO.: 836

AN ORDINANCE OF THE BOROUGH OF HELLERTOWN, NORTHAMPTON COUNTY, PENNSYLVANIA ADDING CHAPTER 279 ENTITLED “NOISE REGULATIONS”.

            THE COUNCIL OF THE BOROUGH OF HELLERTOWN, County of Northampton, Commonwealth of Pennsylvania, hereby enacts and ordains the following amendment to the Code Book of the Borough of Hellertown by Adopting New Chapter 279 which shall be entitled the Borough Noise Regulations.

            WHEREAS, pursuant to 8 Pa.C.S.A. entitled “specific powers” the Borough can make regulations as may be necessary for the health, safety, morals, and general welfare of the Borough residents.

            WHEREAS, The Borough deems a Noise Ordinance which prohibits loud noises at such days and times to be for the benefit of the public and general welfare of the community.

            NOW THEREFORE, BE IT ENACTED AND ORDAINED, AND IT IS HEREBY ENACTED AND ORDAINED BY THE COUNCIL OF THE BOROUGH OF HELLERTOWN, COUNTY OF NORTHAMPTON AND COMMONWEALTH OF PENNSYLVANIA TO ENACT CHAPTER 279 AS FOLLOWS:

            Chapter 279 Noise Regulations within the Borough.

            1.         SECTION 1 – §279-1 Violations. 

            It shall be unlawful for any person to create noise in excess of the limits set forth in this ordinance.

            2.         SECTION 2 – §279-2.  Unlawful Activities: General Public.

                        A.        The willful making or causing to be made of noise within the Borough which exceeds the noise limits as set forth in Section 279-4.

            3.         SECTION 3 – §279-3.  Unlawful Activities: Alcohol Serving Establishments.

                        A.        [§279 Unlawful Amplification].  A Pennsylvania Liquor Control Board (“LCB”) Licensee may not use or permit to be used inside or outside of the licensed premises a speaker, loudspeaker, megaphone, amplifier, musical instrument, or any similar device, whereby the sound from such device can be heard beyond the licensee’s property line unless located within an LCB exempt area.

                        B.        Exempt Area.  Any LCB Licensee that is located in an area which is subject to an exemption from the LCB’s regulation of amplified sound being heard off the licensed premises shall be exempt from compliance with Section §279-3A until the expiration of the LCB’s order granting the exemption.  A map of the Borough showing such currently exempted areas is on file at the Hellertown Borough Hall.

                        C.        Noise Limitations for Exempt Alcohol Serving Establishments.  No LCB Licensee exempt from §279-3A shall create or permit the creation of any noise or sound on property owned, leased, occupied or otherwise controlled by such Licensee which causes the sound level, when measured at or beyond the boundaries of such property, to exceed the maximum permitted decibels specified in the table set forth in §279-4 during the days and times indicated.

            4.         SECTION 4 – §279-4 Noise Limit and Time Regulations:

            The regulations set forth in this set forth in Section §279-4 may be amended from time to time by resolution of the Hellertown Borough Council.

Days of the WeekTimeMaximum Permitted Decibels (as measured in Continuous Slow Meter Response
Monday – ThursdayBetween 12 AM (Midnight) and 9:00 AM & Between 11 PM and 12 AM (Midnight)50 Decibels
Monday – ThursdayBetween 9 AM and 11 PM75 Decibels
FridayBetween 12 AM (Midnight) and 9 AM50 Decibels
FridayBetween 9 AM and 12 AM Midnight)75 Decibels
Sunday and Federal HolidaysBetween 12 AM (Midnight) and 10 AM50 Decibels
Saturday and Federal HolidaysBetween 10 AM and 12 AM (Midnight)75 Decibels
SundayBetween 12 AM (Midnight) and 10 AM & Between 11 PM and 12 AM (Midnight)50 Decibels
SundayBetween 10 AM and 11 PM75 Decibels

            5.         SECTION 5 – §279-5 Enforcement.

            The Hellertown Borough Police Department and the Hellertown Borough Code Enforcement Officer are hereby authorized to enforce the provisions of Chapter 279.

            6.         SECTION 6 – §279-6 Penalties.

            Any LCB Licensee or person which shall violate any provision of this Chapter 279 shall be guilty of a summary offense and, upon conviction thereof, be sentenced to pay a fine of not more than $1,000.00.  Each day in which a violation occurs shall constitute a separate penalty.

            7.         SECTION 6.  §279-7 Severability.  The provisions of this Ordinance shall be severable, and if any provision hereof shall be declared unconstitutional, illegal or invalid, such decision shall not affect the validity of any of the remaining provisions of this Ordinance.  It is hereby declared as a legislative intent of the Borough that this Ordinance would have been amended as if such unconstitutional, illegal or invalid provision or provisions had not been include herein. 

            8.         SECTION 7. §279-8 Repealer.  All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

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On behalf of the Borough of Hellertown, the Township of Lower Saucon, and the Saucon Valley School District, please find a link https://arcg.is/9iDe5 to the public review draft of the Saucon Valley 2020 Comprehensive Plan Update upon which the partners have worked to update this year.  The partners have hosted a successful, well received joint public meeting in October 2020 and, in accordance with the PA Municipalities Planning Code (MPC), are in the process of scheduling a future Public Hearing.  Information associated with the Public Hearing will be advertised at a later date in accordance with the MPC.

Through the Saucon Valley 2020 Comprehensive Plan Update, the partners aim to expand possibilities of how their past, current and future joint planning can best serve their residents, businesses, leaders and stakeholders.  As implementation of actions continues to progress through the coming decade, the partners will keep their Plan continuously relevant through their StoryMap platform. This platform, evolving from their 2009 document, is interactive, respects social distancing, and mobile-friendly.  Thank you for the opportunity to forward the information.  In upholding the work’s 45-day public review period, please submit any comments to carolynyagle@epd-pgh.com on or prior to January 9, 2021.

As we enter a season of thankfulness, we extend our thanks to you.

NEW ROUND OF FACADE GRANTS AVAILABLE

What it is:  This program is designed to assist downtown businesses in making exterior renovations to their front facades.  It will provide for matching 1 to 1 reimbursement grants for façade improvements in the Borough of Hellertown up to a maximum amount of $10,000 per property. 

Up to $3,000 of the $10,000 maximum in grant funding can be used for Streetscape-level improvements to your property, whereby you can receive one dollar in façade grant money for every two dollars you invest into these types of improvements.

Why invest:  The Façade Program is intended to stimulate private investment in the preservation of historic downtown architecture and to foster image-making improvements to properties.

  • Benefits to property owners include: Higher rents, more stable leases, increased occupancy rates, improved marketability and higher property values.
  • Benefits to business owner include: Increased sales, improve image and visibility of your business, increases exposure, creates an inviting atmosphere and reduce overhead.
  • Benefits to the community include: Help create a sense of place, enhance safety and cleanliness, recruit better employees, develop a more stable tax base and reduce pressure for sprawl development.

Eligible properties:  Any business or business property owner (excluding government or non-profit entities) within the following map are eligible:

Project Boundaries:     On Main Street: from Walnut Street through Kichline Avenue

On Water Street: from Front Street to Delaware Avenue

All of Front Street: from E. Thomas Avenue to Walnut Street

  • Eligible Facade Level Activities

(Require a $1 match for every grant $1 – maximum of a $10,000 grant allocation)

Brick and Stone Masonry, Architectural Metals, Doors, Windows, Exterior Woodwork, Storefronts, Signage, Painting, Awnings, Lighting, Shutters, Power Washing, Roofing , Gutters, Design Assistance (see “Eligible Activities” Section in the Policies and Procedures document for more detailed information)

  • Eligible Streetscape Level Activities

(Require a $2 match for every grant $1 – up to a $3,000 grant allocation, which counts towards the $10,000 maximum per property)

Sidewalks, street trees, fences, retaining walls, other site improvements (as approved on a case by case basis)

  • Ineligible Activities

Landscaping (with the exception of street trees), benches, trash cans, paving, parking lots, and sandblasting are not eligible activities.

Schedule:

  1. Review guidelines
  2. File Notice of Intent to Apply form (complete); await word on eligibility
  3. Pursue Design Assistance (not required – but encouraged)
  4. Fill out a formal application for a Façade Grant
  5. Façade Grants are awarded by the Hellertown Planning Commission; await word on the status of your application
  6. Complete a reimbursement agreement (if project is approved)
  7. Begin construction (please note – any work completed before the reimbursement agreement is signed will not be eligible for reimbursement)
  8. Complete construction, obtain all necessary materials and submit for a reimbursement check
  9. Receive reimbursement check

For more information:  Please note that this is only a general overview of this program. For a full copy of the policies and procedures, please contact Cathy Hartranft at 610-838-7041.