[1971 Code § 102-1]
A Code regulating the location, construction, alteration, use
and supervision of individual and semipublic water supplies; requiring
certain permits; providing for the inspection of such supplies, the
fixing of fees; and prescribing penalties for violations, is adopted
pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 69.6). A
copy of this Code is annexed hereto and made a part hereof without
inclusion of the text herein.
[1971 Code § 102-2]
The Code established and adopted by this section is described
and commonly known as the Safe Drinking Water Act — N.J.A.C.
7:10 (1979).
[1971 Code § 102-3]
Three copies of the Safe Drinking Water Act — N.J.A.C.
7:10 (1979) have been placed on file in the Office of the Secretary
of the Division of Health and will remain on file in the office for
the use and examination by the public.
[1971 Code § 102-4; Ord. No. 11-10]
A.
No person shall locate, construct or alter any water supply until
a permit for the location, construction or alteration of the water
supply shall have been issued by the Department of Community Services.
B.
The Department of Community Services may issue a permit if an application for the same is accompanied by a Permit to Drill a Well issued by the D.E.P., Division of Water Resources and a New Jersey licensed Professional Engineer for the installation of the water supply is in compliance with N.J.A.C., Chapter 7:10, Safe Drinking Water Act.
[Ord. No. 11-10]
A.
New water supplies shall not be placed in operation, nor shall new
dwellings or buildings be sold or occupied which must rely on such
a supply for water, until the Department of Community Services has
received the necessary water results as required by that Department
to assure the potability of the water supply, and to detect that the
installation of that water supply is in compliance with the permit
issued.
B.
The Division of Health may issue such a certificate if an engineer
licensed to practice professional engineering in New Jersey submits
a statement in writing, signed by him, to the Division of Health,
that the water supply has been located and constructed in accordance
with the terms of the license and the requirements of the Code.
[Ord. No. 11-10]
In case any permit required by this section is denied by the
Department of Community Services, a hearing shall be held before the
Department within 15 days after request is made by the applicant,
and upon such hearing the Department of Community Services shall affirm,
alter or rescind its previous determination and take action accordingly
within 15 days after the date of such hearing.
[1971 Code § 102-7; Ord. No. 11-10]
The Department of Community Services may order all further work
in and about any water supply which is being erected or installed
in violation of the Code, to be stopped, except such work as shall
be necessary to remedy the violation, and thereafter the work continued
without any violation of any of the provisions of the Code; and after
issuance of any such order and the service of a copy upon any person
connected with or working in and about the erection or installation
of any such water supply or any part thereof, no further work shall
be done except as aforesaid.
[1971 Code § 102-8; Ord. No. 3-1-83]
The following fees and charges are established:
A.
Permit to locate and construct a water supply: $50.
B.
For each reinspection of a water supply or part thereof caused by
the failure of the permittee to locate and construct or alter the
same in accordance with the terms of the permit issued or the terms
of the Code, an inspection fee of $10 shall be charged.
[1971 Code § 102-9]
A.
Any person or persons, firm or corporation violating any of the provisions
of or any order promulgated under this ordinance of the Water Supply
Code of New Jersey (1959) made a part hereof shall, upon conviction
thereof, pay a penalty of not less than $50 nor more than $100 for
each violation.
B.
Each day a particular violation continues shall constitute a separate
offense.
[Ord. No. 00-3 § 1]
This section of the Revised General Ordinances of the Township
of Rockaway shall be known as the "Noise Control Ordinance."
[Ord. No. 00-3 § 1]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this section have the same meaning
as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
Any dismantling, destruction or removal of buildings, structures
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary to deliver essential public
services including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-ways, dredging navigational
waterways, or abating life-threatening conditions.
Either a single pressure peak or a single burst (multiple
pressure peaks) and has a duration of less than one second.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound dissipative device or system
for abating the sound of escaping gasses on equipment where such a
device is part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences. Multi-use property shall
mean any distinct parcel of land that is used for more than one category
of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
An employee of: (1) a local, County or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities;
or (2) a municipality with a department-approved noise control ordinance
and the employee has received enforcement training and is currently
certified in noise enforcement. The employee must be acting within
his or her designated jurisdiction and must be authorized to issue
a summons in order to be considered a noise control officer.
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is a portable or personal vehicular sound amplification
or reproductive device, the detection of the rhythmic bass component
of the music is sufficient to verify plainly audible sound. The noise
control officer need not determine the title, specific words, or the
artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a non-governmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either (a) the imaginary line including its vertical extension
that separates one parcel of real property from another; (b) the vertical
and horizontal boundaries of a dwelling unit that is part of a multi-dwelling
unit building; or (c) on a multi-use property, the interface between
the two portions of the property on which different categories of
activity are being performed (e.g., if the multi-use property is a
building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area).
Any day that is not a Federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
[Ord. No. 00-3 § 1]
A.
This noise ordinance applies to sound from the following property
categories:
C.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.3, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
[Ord. No. 00-3 § 1]
A.
The provisions of this ordinance shall be enforced by noise control
officers. A person shall be qualified to be a noise control officer
if the person meets the criteria set forth in the definition above
and completes, at a frequency specified by the Department in N.J.A.C.
7:29-2.11, a noise certification and recertification course which
is offered by the Department of Environmental Sciences of Cook College,
Rutgers, the State University of New Jersey or any other noise certification
or recertification course which is offered by an accredited university
and approved by the Department of Environmental Protection.
B.
Sound measurements made by a noise control officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in subsections 28-12.5B and 28-12.5C of this section and with the definition of "real property line" as contained herein.
C.
Noise control officers shall have the power to:
(1)
Coordinate the noise control activities of all departments in
the Township of Rockaway and cooperate with all other public bodies
and agencies to the extent practicable; and
(2)
Review the actions of the Township of Rockaway and advise of
the effect, if any, of such actions on noise control; and
(3)
Review public and private projects, subject to mandatory review
or approval by other departments or boards, for compliance with this
section; and
(4)
Investigate and pursue possible violations of this section for
sound levels which equal or exceed the sound levels set forth in Tables
I and II,[1] when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with Subsection 28-12.7 below; and
(6)
Cooperate with noise control officers of adjacent municipalities
in enforcing one another's municipal noise control ordinances.
[Ord. No. 00-3 § 1]
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection 28-12.3A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in Subsection 28-12.5B below.
B.
When measuring total sound or residual sound within a multi-use property,
or within a residential unit when the property line between it and
the source property is a common wall, all exterior doors and windows
shall be closed and the measurements shall be taken in the center
of the room most affected by the noise. Residual sound shall be measured
in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound
or residual sound, all sound sources within the dwelling unit must
be shut off (e.g., television, stereo). Measurements shall not be
taken in areas which receive only casual use such as hallways, closets
and bathrooms.
C.
Indoor measurements shall only be taken if the sound source is on
or within the same property as the receiving property, as in the case
of a multi-use property (e.g., sound generated within a commercial
unit of a multi-use property building and received within a residential
unit of the same building) or multi-dwelling unit building. In addition,
indoor measurements shall be taken if the property line between the
receiving property and the source property is a common wall, such
as in a multi-dwelling unit building. The allowable sound level standards
for indoors are as shown in Tables I and II.
D.
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound which occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour shall be measured as impulsive sound
and shall meet the requirements as shown in Table I.
(1)
Table I. Maximum Permissible A-Weighted Sound Levels.
(a)
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in Subsection 28-12.3A above in such a manner as to create a sound level that equals or exceeds the sound levels listed below:
|
(A) Outdoors
| ||
|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility, public service facility, nonresidential
portion of a multi-use property, or community service facility
|
|
Time
|
7:00 a.m. - 10:00 p.m. 10:00 p.m. - 7:00 a.m.
|
24 hours
|
|
Maximum A-Weighted sound level standard, dB
|
65 50
|
65
|
|
(B) Indoors
| ||
|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility* or nonresidential portion of a multi-use
property
|
|
Time
|
7:00 a.m. - 10:00 p.m.
10:00 p.m. - 7:00 a.m.
|
24 hours
|
|
Maximum A-Weighted sound level standard, dB
|
55 40
|
65
|
|
*
|
In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound.
|
(2)
Table II. Maximum permissible octave band sound pressure levels
in decibels.
(a)
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection 28-12.3A above in such a manner as to create a sound pressure level that equals or exceeds the sound levels listed below in one or more octave bands.
(b)
When octave measurements are made, the sound from the source
must be constant in level and character. If octave band sound pressure
level variations exceed plus or minus two dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
Receiving Property
|
Residential property, or residential portion of a multi-use
property
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility, public service facility, nonresidential
portion of a multi-use property, or community service facility
|
Commercial facility*, or nonresidential portion of a multi-use
property
| ||
|---|---|---|---|---|---|---|
|
Octave Band Center Frequency, Hz
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
| ||
|
Time
|
7:00 a.m. - 10:00 p.m.
10:00 p.m. - 7:00 a.m.
|
7:00 a.m. - 10:00 p.m.
10:00 p.m. - 7:00 a.m.
|
24 hours
|
24 hours
| ||
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
|
*
|
In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound.
|
[Ord. No. 00-3 § 1]
A.
Except as provided in Subsection 28-12.6B below, the provisions of this section shall not apply to the exceptions listed in N.J.A.C. 7:29-1.4.
Construction and demolition activities are exempt from the sound level limits set forth in Tables I and II, except as provided for in Subsection 28-12.6B below.
B.
Notwithstanding the provisions of Tables I and II, the following
standards shall apply to the activities or sources of sound set below:
(1)
Non-commercial or non-industrial power tools and landscaping
and yard maintenance equipment shall not be operated between the hours
of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable
limits set forth in Tables I and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to non-commercial
or non-industrial power tools and landscaping and yard maintenance
equipment;
(2)
Commercial or industrial power tools and landscaping and yard
maintenance equipment, excluding emergency work, shall not be operated
on a residential property or within 250 feet of a residential property
line when operated on commercial or industrial property, between the
hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours
of 6:00 p.m. and 9:00 a.m. on weekends or Federal holidays, unless
such activities can meet the limits set forth in Tables I and II.
In addition, commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, utilized
on commercial or industrial property shall meet the limits set forth
in Tables I and II between the hours of 10:00 p.m. and 7:00 a.m. All
motorized equipment used in these activities shall be operated with
a muffler. At all other times, the limits set forth in Tables I and
II do not apply to commercial or industrial power tools and landscaping
and yard maintenance equipment;
(3)
Construction and demolition activity, excluding emergency work,
shall not be performed between the hours of 6:00 p.m. and 7:00 a.m.
on weekdays, or between 6:00 p.m. and 9:00 a.m. on weekends and Federal
holidays, unless such activities can meet the limits set forth in
Tables I and II. All motorized equipment used in construction and
demolition activity shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to construction
and demolition activities;
(4)
Motorized snow blowers, snow throwers, and lawn equipment with
attached snow plows shall be operated at all times with a muffler.
At all times, the limits set forth in Tables I and II do not apply.
[Ord. No. 00-3 § 1]
A.
Violation of any provision of this section shall be cause for an
enforcement document to be issued to the violator by the noise control
officer according to procedures set forth in N.J.A.C. 7:29-1.6. The
recipient of an enforcement document shall be entitled to a hearing
in municipal court having jurisdiction to contest such action.
B.
Any person who violates any provision of this ordinance shall be
subject to a civil penalty for each offense of not more than $1,000.
If the violation is of a continuing nature, each day during which
it occurs shall constitute an additional, separate, and distinct offense.
C.
No provision of this section shall be construed to impair any common
law or statutory cause of action, or legal remedy therefrom, of any
person for injury damage arising from any violation of this section
or from other law.
[Ord. No. 94-29 § 1]
A.
The regulations promulgated by the State Commissioner of the Department
of Environmental Protection and Energy pursuant to the Realty Improvement
Sewage and Facilities Act and subsequent amendments thereto and known
as "Standards for Individual Subsurface Sewage Disposal Systems (1989)"
and subsequent amendments thereto are hereby adopted and are of full
force and effect in the Township of Rockaway as prescribed by this
chapter.
B.
Three copies of said standards for the construction of individual
subsurface sewage disposal systems have been placed on file in the
office of the Director of Health and Welfare upon the introduction
of this chapter and will remain in that office for use and examination
by the public.
A.
Any person or person, firm or corporation violating any of the provisions
of or any order promulgated under this chapter or standards for individual
subsurface sewage disposal systems made a part hereof shall, upon
conviction thereof, pay a penalty of not less than $100 nor more than
$1,000 for each violation at the discretion of the Court.
B.
Each day a particular violation continues shall constitute a separate
offense.
[1971 Code § 69-4; Ord. No. 11-10]
A.
No person shall locate, construct or alter any individual sewage
disposal system until a permit for the location, construction or alteration
of the sewage disposal system has been issued by the Department of
Community Services.
B.
The Department of Community Services may issue a permit if an application
made by a licensed New Jersey Professional Engineer and the design
is in compliance with the provisions of this Code.
[1971 Code § 69-5; Ord. No. 11-10]
A.
New individual disposal systems shall not be placed in operation,
nor shall new buildings or buildings or additions be sold or occupied,
which must rely on such a system for sewage disposal, until the Department
of Community Services shall have issued a permit indicating that the
disposal system has been located and constructed in compliance with
the terms of the permit issued and the requirements of the aforesaid
Code.
B.
The Department of Community Services may issue such a permit if a
licensed New Jersey Professional Engineer submits an as built design
of the individual disposal system indicating said system is located
and constructed in accordance with the terms of the permit issued
and the requirements of the aforesaid Code.
[1971 Code § 69-6]
Persons shall not engage in the business of emptying or cleaning
septic tanks, cesspools, privies or any place used for the reception
or storage of human excrement who do not hold a license to engage
in such business issued by DEP, Division of Solid and Hazardous Waste.
[1971 Code § 69-7; Ord. No. 11-10]
In case any permit or certificate required by this section is
denied by the Department of Community Services a hearing shall be
held before the Council within 15 days after a request is made by
the applicant and upon such hearing the Department of Community Services
shall affirm, alter or rescind its previous determination and take
action accordingly within 15 days of the hearing.
[1971 Code § 69-8; Ord. No. 11-10]
The Department of Community Services may order all further work
in and about any individual sewage disposal system which is being
erected or installed in violation of the Code to be stopped, except
such work as shall be necessary to remedy the violation, and thereafter
the work continued without any violation of any of the provisions
of the Code; and after issuance of any such order and the service
of a copy upon any person connected with or working in and about the
erection or installation of any such disposal system, or any part
thereof, no further work shall be done except as aforesaid.
[1971 Code § 696; Ord. No. 3-1-83; Ord. No. 3-15-83; Ord. No. 4-1-86]
The following fees and charges are established:
A.
New systems.
(1)
Single family.
Application fee/permit: $100/lot.
Soil evaluations: $105/lot.
(2)
Multiple dwelling. Ten dwelling units or less.
Application fee/Permit: $150/system.
Soil evaluations: $160/system.
(3)
Multiple dwelling. More than 10 dwelling units:
Application fee/permit: $150/system.
Soil evaluations: $160/system.
(4)
Commercial.
Application fee: $250/system.
Soil evaluation: $160/system.
(5)
The aforesaid permits shall expire one year from the date of
issue. The renewal fee for the reissuance of the aforesaid permits
shall be $15.
[1971 Code § 69-10; Ord. No. 3-21-78]
Any person violating any of the provisions of or any order promulgated under this section or the Standards for Individual Disposal Systems (1990) made a part hereof shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each and every violation in nonconformance with this section shall have been violated shall be construed as a separate and distinct violation hereof.
