[Ord. No. 3152, 6-21-1988, § 3; amended at
time of adoption of Code (see Ch. 1, General Provisions, Art, II)]
The words and terms used herein shall have meanings identical
to those set forth in N.J.A.C. 7:29-1.1 and 7:29-2.1.
[Ord. No. 3152, 6-21-1988, § 3]
(a)
From 10:00 p.m. to 7:00 a.m., no person shall cause, suffer, allow
or permit sound from any stationary source on a residential property,
industrial facility, commercial facility, public service facility
or community service facility that, when measured at any residential
property line, exceeds any of the following:
(1)
Continuous airborne sound which has a sound level in excess
of 45 dBA;
(2)
Impulsive sound in air which has a peak sound pressure level
in excess of 70 decibels; or
(3)
Continuous airborne sound which has an octave band sound pressure
level, in decibels (dB), which exceeds the values listed below in
one or more octave bands:
|
Octave Band
|
Octave Band Sound
|
|---|---|
|
Center Frequency
|
Pressure Level
|
|
(Hz)
|
(dB)
|
|
31.5
|
76
|
|
63
|
61
|
|
125
|
51
|
|
250
|
43
|
|
500
|
38
|
|
1,000
|
35
|
|
2,000
|
32
|
|
4,000
|
30
|
|
8,000
|
28
|
(b)
From 7:00 a.m. to 10:00 p.m., no person shall cause, suffer, allow
or permit sound from any stationary source on a residential property,
industrial facility, commercial facility, public service facility
or community service facility that, when measured at any residential
property line, is in excess of the following:
(1)
Continuous airborne sound which has a sound level in excess
of 55 dBA;
(2)
Impulsive sound in air which has a peak sound pressure level
in excess of 70 decibels; or
(3)
Continuous airborne sound which has an octave band sound pressure
level, in decibels (dB), which exceeds the values listed below in
one or more octave bands:
|
Octave Band
|
Octave Band Sound
|
|---|---|
|
Center Frequency
|
Pressure Level
|
|
(Hz)
|
(dB)
|
|
31.5
|
86
|
|
63
|
72
|
|
125
|
64
|
|
250
|
57
|
|
500
|
53
|
|
1,000
|
50
|
|
2,000
|
47
|
|
4,000
|
45
|
|
8,000
|
43
|
[Ord. No. 3152, 6-21-1988, § 3; amended by Ord. No. 3178, 11-22-1988, § 1]
The operational performance standards established by this article
shall not apply to any of the following noise sources:
(a)
Stationary bells, chimes or carillons, while being used in conjunction
with religious services.
(b)
Emergency energy release devices.
(c)
Emergency work to provide electricity, water or other public utilities
when public health or safety is involved.
(d)
National Warning System (NAWAS); systems used by governmental agencies
to warn or alert citizens.
(e)
The use of explosive devices under authorized permit procedures.
(f)
Emergency signaling devices.
[Ord. No. 3152, 6-21-1988, § 3]
(a)
The provisions of this article shall be enforced by the Township
Health Officer.
(b)
The Health Officer shall ensure that members of the Health Department
dealing with noise complaints and/or sound measurements are qualified
under N.J.A.C. 7:29-2.11.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
Sound measurements made by members of the Health Department shall
be taken according to procedures specified by N.J.A.C. 7:29.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
All departments and agencies of Township shall carry out their programs
according to law and shall cooperate with the Health Officer in the
implementation and enforcement of provisions of this article.
(e)
All departments charged with new projects or changes to existing
projects that may result in noise shall consult with the Health Officer
prior to the approval of such projects to ensure that approval of
such activities complies with the provisions of this article.
(f)
No building permit shall be issued by the Construction Official for
any structure or any ancillary construction requiring outside sound-producing
stationary sources (including but not limited to engines, generators,
motors, pumps, heating units, incinerators and air-conditioning equipment),
when the structure and/or sound-producing stationary source or sources
are located on any residential property; in any of the Township residential
zones; in an area abutting a residential zone which permits occupancy
by any public service facility, community service facility, commercial
facility and/or industrial facility; or until a manufacturer's sound
emission and related specifications, such as physical size, of the
potentially offending stationary source as well as the location (Q-factor)
of the source with respect to the structure and distances to residential
property lines have been reviewed and it has been determined by the
Township Health Officer that the proposed installation will not be
in violation of this article based upon the following proofs: The
applicant for a building permit shall furnish the Health Officer with
manufacturer's specifications and either a site plan, survey or hand
drawing satisfactory to the Health Officer which locates the installation
on the site. The Health Officer may, in his discretion, require the
applicant to furnish a certification under oath by a professional
engineer that the maximum permissible sound levels set forth in this
article will not be exceeded.
(g)
If deemed necessary or desirable by any Township official with responsibilities under Subsection (f) hereof or if deemed necessary by the Planning Board or Zoning Board of Adjustment, an applicant shall be required to submit an environmental impact statement pursuant to § 33-19 of the Township Code, demonstrating the feasibility of compliance with N.J.A.C. 7:29 and all provisions of this article.
(h)
Neither issuance of a building permit nor submission of an acceptable
environmental impact statement will relieve such person of compliance
with all other provisions of this article.
(i)
Except as provided elsewhere in this article, where a violation is
found to exist, a written notice from the enforcement officer shall
be served upon the person or persons responsible for the correction
thereof.
(j)
The notice shall specify the violation or violations committed, a
reasonable period of time, not to exceed 30 days, to correct or abate
the violation, the right of the person served to request a hearing
and that the notice shall become an order of the enforcement officer
in five days after service unless the hearing is requested.
(k)
Notice may be served personally or by prepaid mailgram or by mail
with postage prepaid, addressed to the last-known address of the person
to be served. In the case of an occupant, notice may be posted upon
the door of his dwelling unit or rooming unit. Where it is ascertained
that the owner does not reside on the premises, the last-known address
shall be the address of the owner as shown in the office of the Tax
Collector. If the last-known address cannot be ascertained, the notice
may be posted on the outside front entrance of the dwelling. The enforcement
officer shall file and provide notices to any owner, operator or occupant
of any violation at any address other than the last-known address
provided hereunder if such other address is filed with the enforcement
officer personally or by certified mail addressed to the enforcement
officer. Service upon an owner, operator or occupant may also be attained
by service of any notice upon a member of the family of the owner,
operator or occupant. Date of service of the notice shall be determined
where service is by mail as the day following the day of mailing for
notices to addresses within the Township and as of the fourth day
after the day of mailing for notices to addresses outside the Township.
Where the day of service would fall upon a Sunday or other day when
mail is not ordinarily delivered, then the day of service shall be
the next regular delivery day.
(l)
Within five days of the date of service of a notice, the notice shall
constitute a final order unless any person affected by the notice
requests a hearing thereon, serves a written request within a five-day
period in person or by mail on the enforcement officer. Such request
for a hearing shall set forth briefly the grounds or reasons on which
the request for a hearing is based and the factual matters contained
in the notice of violation which are to be disputed at the hearing.
The enforcement officer, upon receipt of the request, shall, within
30 days therefrom and upon five days' notice to the party aggrieved,
set the matter down for hearing.
(m)
At any hearing provided hereunder, the enforcement officer shall
be vested with all the powers provided by law to compel the attendance
of witnesses and parties in interest by issuance and service of subpoena,
to require the production of books, records or other documents at
any such hearing which may be pertinent to matters to be determined
by him and to enforce any such subpoena or secure any order for the
enforcement of any such subpoena as provided by law. Determination
shall be made within 10 days from the completion of the hearing. The
enforcement officer shall issue an order either incorporating the
determination and directions contained in the notice, modifying the
same or withdrawing the notice.
(n)
The enforcement officer may extend the time for correction or abatement
of the violation for an additional period of time not to exceed 30
days, except where a major capital improvement or renovations are
involved, in which instance the time for completion may be extended
for a period not to exceed 90 days beyond the expiration date of the
original notice.
(o)
Where the violation or conditions existing on the premises are of
such a nature as to constitute an immediate threat to life and limb
unless abated without delay, the enforcement officer may either abate
the violation or condition immediately or order the owner, operator
or occupant to correct the violation or condition within a period
of time not to exceed three days, and, upon failure to do so, the
enforcement officer shall abate the condition immediately thereafter.
(p)
Where abatement of a violation or condition is required hereunder,
the enforcement officer shall cause to be certified to the owner of
the premises the cost thereof, and the owner may request a hearing
on the reasonableness of such cost as provided in this chapter. After
such hearing, a final determination shall be made as to the reasonable
cost of abatement which determination shall be certified to the Tax
Collector and shall become a lien on the property and be collected
by the same procedure as real property taxes.
(q)
Any violation of any ordinance other than this Code discovered by
an inspector shall be reported to the enforcement officer.
(r)
Notwithstanding the requirements of this article in relation to the
procedure of violation and notice, sections dealing with imminent
danger to health, safety and welfare of occupants may be prosecuted
without notice by the filing of a complaint by the enforcement officer
in the Municipal Court. Where the enforcement officer shall determine
that there was a violation and a notice was served, whether or not
such violation was abated prior to the issuance of an order, if thereafter
within the space of one year there shall be a second violation of
the same provision of this Code discovered on the same premises, the
offender may be prosecuted on the second violation without the enforcement
officer first giving notice and opportunity for a hearing to the owner,
operator or occupant by the filing of a complaint by the enforcement
officer in the municipal court.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(s)
For the purpose of enforcement of this article, the service of notice
on an owner, whether or not the owner is also the operator, shall
constitute notice of violations set forth therein until such violations
are abated in conformity with this article and the other applicable
ordinances of the Township.
[Ord. No. 3152, 6-21-1988, § 3]
(a)
Upon conviction in the Municipal Court for violating any order of
the enforcement officer issued pursuant to and in accordance with
the provisions of this article or of a violation of any provision
of this article where notice and opportunity for hearing before the
enforcement officer is not required hereunder, then such person shall
be punished by a fine not exceeding $200 for each violation committed
hereunder.
(b)
Each section and subsection of this article shall constitute a separate
and distinct violation independent of any other section or subsection
or any order issued pursuant to this article. Each day's failure to
comply with any such section or subsection shall constitute a separate
violation.
(c)
Where an owner, operator or occupant has been convicted of a violation
of this article and within 12 months thereafter has been found by
the Municipal Judge to be guilty of a second violation, the Court
may, if it finds that the second offense was willful and inexcusable,
sentence the offender, in addition to or in lieu of the fine set forth,
to imprisonment in the county jail for a period not to exceed 90 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
Where the defendant is other than a natural person or persons, the
foregoing penalties shall also apply to any agent, superintendent,
officer, member or partner who shall alone or with others have charge,
care or control of the premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
