[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 5-18-1995 by Ord. No. 21/95. Amendments noted where applicable.]
The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicates otherwise.
The maximum displacement of the earth from the normal rest
position. Amplitude is usually reported as inches or mils.
The American National Standard Institute Guide to the Evaluation
of Human Exposure to Vibration in Buildings.
All uses of property other than a residential use shall be
considered a commercial/industrial source, including quasi-commercial
uses.
Property used for human habitation. "Residential property"
shall not include properties where the only human habitation is comprised
or supervisors, janitors, maintenance personnel, groundkeepers or
guards who are residing on a premises for the convenience of the property
owner or as a condition of employment.
A ground-transmitted vibration stemming from a source where
specific pulses do not exceed 60 per minute (or one per second).
The number of times that a displacement completely repeats
itself in one second of time. Frequency may be designated in cycles
per second (cps) or hertz (Hz).
Vibration of a duration or intensity such that it causes
secondary or sympathetic vibrations on an adjoining property. Evidence
of such gross vibration shall include the audible or visible results
of objects in motion, such as the travel of objects, movement of wall
hangings or waves in standing water and/or the clanging of dishes,
glasses, bottles or utensils or windows vibrating in their frames.
An earthborne vibration generally produced by two or more
objects striking each other so as to cause separate and distinct pulses.
Any distinct parcel of land used for commercial/industrial
or quasi-commercial on one part and residential on another part. The
commercial/industrial or quasi-commercial use shall act as a source,
and the residential use shall act as a receptor.
A characteristic of vibration that depends on both displacement
and frequency. If not directly measured, it can be computed by multiplying
the frequency by the amplitude times the factor 6.28. The particle
velocity will be in inches per second when the frequency is expressed
in cycles per second and the amplitude in inches.
Especially on commercial/residential properties, boilers,
utility provisions, water-pressure pumps, incinerators, elevators,
laundry rooms, garage door closers, health and recreation facilities
and other similar activities.
The residential building exterior either at the ground or
at any residential floor or, if so designed, the exterior line of
any balcony or terrace. For intrabuilding use, it shall be the interior
of the room affected by the commercial or quasi-commercial activity.
Rooms shall not include halls or closets.
The setting in motion of common objects on the receptor property
by the original source vibration. Such items include, but are not
limited to, dishes, glasses, utensils, window frames, wall hangings,
television antennas and standing water.
The level that differentiates the presence of the vibration
phenomenon from the background level. The background level is assumed
to be no vibration unless a three-hundred-sixty-degree inspection
of the receptor premises and the source premises indicates otherwise.
A vibration which is continuous, as from a fan, compressor
or motor.
A reciprocating movement transmitted through the earth, both
in horizontal and vertical planes.
The minimum ground- or structure-borne vibration motion necessary
to cause a person to be aware of the vibration by such direct means
as, but not limited to, sensation by touch or visual observation of
moving objects.
No person shall cause, suffer, allow or permit the operation of any source or sources of vibration on industrial, commercial or quasi-commercial property in such a manner as to create a vibration level that exceeds the particular vibration level restrictions as set forth in Table I, or any standard established by § 398-3C, D, E, F or G, when measured at or within the residential real property line or receiving residential property line on multi-use property.
A.
Ground-transmitted vibration shall be measured with
a seismograph or an instrument or complement of instruments capable
of recording vibration displacement and frequency, particle velocity
or acceleration simultaneously in three mutually perpendicular directions
for all Performance Standard Category 3 investigations.
B.
Table I designates the maximum permitted vibration
levels. Where more than one set of Vibration Performance Standard
Categories apply, the most restrictive shall govern. Measurements
may be made at points of maximum vibration intensity. If remedial
work places the facility in a less restrictive category, upon written
notification to the operator, the treatment of violation of the lesser
violation will govern the operation of the facility.
C.
For any residential receptor, the vibration emanating
from any commercial or industrial source shall not exceed the category
levels established for the time of day as indicated in Table I, Vibration
Level Restrictions. Equipment shall be removed from service and returned
to service according to the Treatment of Violation column of Table
I.
|
Table I
Vibration Level Restrictions
| |||
|
Commercial, quasi-commercial or industrial source
to residential receptor when measured at or within an adjacent residential
property line, or receiving residential property line on multi-use
property, including within the receptor building. Measurements may
be made at points of maximum vibration intensity.
| |||
|
Performance Standard Category
|
Applicable Hours
|
Treatment of Violations
| |
|---|---|---|---|
|
1: Gross vibration level
|
24 hours
|
Cease use within 24 hours of written notification;
return to service after equipment is below sensory level of perception
| |
|
2: Sensory level of perception
|
11:00 p.m. to 7:30 a.m. workdays and 24 hours
weekends and legal holidays
|
Cease use 30 days after written notification
or written extensions to comply; return to service when it is determined
that equipment is below sensory level of perception
| |
|
3: ANSI S3.29-1983, Weighted According to Section
2(f)
|
7:30 a.m. to 11:00 p.m. weighted 2.25; 11:00
p.m. to 7:30 a.m. weighted 1.0
|
Same as Category 2
|
D.
In the case of gross vibration, it shall be necessary
to establish the presence of secondary or sympathetic vibrations on
the receptor property to cite a violation. After the establishment
of a violation of the gross vibration level, the operator of the source
may be required to produce test results demonstrating compliance with
ANSI S3.29-1983, with the weighting levels specified in Section 2(f).
E.
In the case of sensory level of perception exceedance,
it shall be necessary to establish that vibrations exist on the receptor
property in excess of the background vibration level of the neighborhood,
or of the receptor property with the source off. After the establishment
of a violation of the sensory level of perception standard, the operator
may be required to produce test results demonstrating compliance with
ANSI S3.29-1983, with the weighting levels specified in Section 2(f).
F.
In the case of ANSI S3.29-1983 level (American National
Standard Guide to the Evaluation of Human Exposure to Vibration in
Buildings), it shall suffice to show that ANSI S3.29-1983, Figure
4 (Combined-Response Base Curve for Undefined Axis of Human Vibration),
with the weighting factors in Table A1 of 1.0 applied to the hours
of 11:00 p.m. to 7:30 a.m., and the weighting factor of 2.25 applied
to 7:30 a.m. to 11:00 p.m., has been exceeded.
G.
Saturdays/Sundays and legal holidays shall conform
with Performance Standard Category 2 for 24 hours.
H.
Testing by the facility operator shall be conducted
in the presence of the local enforcement official. The equipment being
tested must be operated in any modes, speeds, materials and operating
conditions determined by the local enforcement official to be sufficient
to approximate vibration conditions which the facility is likely to
produce.
Any violation of this chapter shall be subject
to the penalty set forth in the violations and penalties section of
the general provisions of the Code of the Town of West New York.[1] Each day that a violation occurs shall be considered a
separate violation for the purposes of the penalty section.
