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 gases 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 ADMINISTRATOR
The noise control officer designated as the official liaison
with all municipal departments empowered to grant permits for a temporary
variance.
[Added 3-2-2011 by Ord. No. 1-11]
NOISE CONTROL OFFICER
An employee of the municipality trained and currently certified
in the measurement of sound, designated and empowered to issue a summons
for violation of this chapter. All persons designated shall be certified
in noise control activities in accordance with N.J.A.C. 7:29-2.11.
[Amended 3-2-2011 by Ord. No. 1-11]
PLAINLY AUDIBLE
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 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 LINE
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.
[Added 3-2-2011 by Ord. No. 1-11]
Any person or entity who believes that as a result of exigent
circumstances, a variance is necessary in one or more of the provisions
of this chapter, said person or entity shall apply to the Noise Control
Administrator for a temporary variance. In the opinion of the Noise
Control Administrator, if the exigent circumstances exist, then the
Administrator may issue a variance for a temporary period of time,
with or without conditions. All applicants for a variance shall comply
with any and all reasonable conditions set forth by the Noise Control
Administrator.