The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this chapter have the same meaning
as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures,
or roadways.
DEPARTMENT
The New Jersey Department of Environmental Protection.
EMERGENCY WORK
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-way, dredging navigational
waterways, or abating life-threatening conditions.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal
power on land.
MUFFLER
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.
MULTI-DWELLING-UNIT BUILDING
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
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A.
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
B.
A building, which is both commercial (usually on the ground
floor) and residential property, located above, behind, below or adjacent.
NOISE CONTROL OFFICER
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 noise enforcement training and is currently
certified in noise enforcement. The employee must be acting within
his designated jurisdiction and must be authorized to issue a summons
in order to be considered a noise control officer.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his unaided
hearing faculties. As an example, if the sound source under investigation
is a portable or personal vehicular sound amplification or reproduction
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.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
REAL PROPERTY LINES
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).
WEEKDAY
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.
WEEKENDS
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in §
BH:8-2A 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 Facilitty
|
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Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
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Maximum A-Weighted sound level standard
|
65 dB
|
50 dB
|
65 dB
|
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
|
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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
|
55 dB
|
40 dB
|
55 dB
|
NOTES:
|
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*
|
In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound.
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