[HISTORY: Adopted by the Township Council
of the Township of Lopatcong 9-1-1993 by Ord. No. 1993-13. Amendments noted
where applicable.]
Whereas excessive sound is a serious hazard
to the public health, welfare, safety and the quality of life; and
whereas a substantial body of science and technology exists by which
excessive sound may be substantially abated; and whereas the people
have a right to and should be ensured an environment free from excessive
sound, therefore it is the policy of the Township of Lopatcong, County
of Warren, State of New Jersey, to prevent excessive sound that may
jeopardize the health, welfare or safety of the citizens or degrade
the quality of life. This chapter shall apply to the control of sound
originating from stationary sources within the limits of the Township
of Lopatcong.
The following definitions shall apply in the
interpretation of this chapter:
A group of commercial facilities and the abutting public
rights-of-way and public spaces.
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
Practical unit of measurement for sound-pressure level; the
numbers of decibels of a measured sound is equal to 20 times the logarithm
of the base 10 of the ratio of the sound pressure of the measured
sound to the sound pressure of a standard sound (20 micropascals);
abbreviated "dB."
Any dismantling, intentional destruction or removal of buildings
and structures.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electrical, telephone
and sewer facilities or public transportation facilities, removing
fallen trees on public rights-of-way or abating life-threatening conditions.
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
Any vehicle that is propelled or drawn on land by an engine
or motor.
Sound-dissipative device or system for abating the sound
of escaping gases of an internal-combustion engine.
Any building wherein there are two or more dwelling units.
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare or which would unreasonably
interfere with the enjoyment of life or property throughout the state
or in any portions thereof, but excludes all aspects of the employer-employee
relationship concerning health and safety hazards within the confines
of a place of employment.
Any sound that:
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk or
alley that is leased, owned or controlled by a governmental entity.
Any real property or structures thereon that are owned, leased
or controlled by a governmental agency.
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Property used for human habitation, including but not limited
to:
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; "sound level" is expressed in "dBA."
An instrument used to measure sound level and which conforms
to Type 1 or Type 2 standards as specified by ANSI specification S1.4-1971.
Any Monday through Friday that is not a legal holiday.
A.
The provisions of this chapter shall be enforced by
the Warren County Board of Health, and those powers shall consist
of:
(1)
Coordinating the noise-control activities of all municipal
departments and cooperating with all other public bodies and agencies
to the extent practicable.
(2)
Reviewing the actions of other municipal departments
and advising such departments of the effect, if any, of such actions
on noise control.
(3)
Reviewing public and private projects, subject to
mandatory review or approval by other departments or boards, for compliance
with this chapter.
A.
All departments and agencies of the Township of Lopatcong
shall carry out their programs according to law and shall cooperate
with the Warren County Board of Health in the implementation and enforcement
of this chapter.
B.
All departments charged with new projects or changes
to existing projects that may result in the production of noise shall
consult with the Warren County Board of Health prior to the approval
of such projects to ensure that such activities comply with the provisions
of this chapter.
No person shall cause, suffer, allow or permit
the operation of any source of sound on a particular category of property
or any public space or right-of-way in such a manner as to create
a sound level that exceeds the particular sound level limits set forth
in Table I[1] when measured at or within the real property line of the receiving property, except as provided in § 147-2.
A.
Maximum permissible sound levels are as follows:
|
TABLE I
| ||||||
|---|---|---|---|---|---|---|
|
Maximum Permissible Sound Levels
by Receiving Property Category
(dBA)
| ||||||
|
Receiving Property Category
| ||||||
|
Another
Dwelling
Within a Multi-
Dwelling-Unit
Building
|
Residential
|
Com-
mercial
|
Indus-
trial
| |||
|
Sound
Source
Prop-
erty
|
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.
|
All
Times
|
All
Times
|
|
Any location within a multi-dwell-
ing unit
building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residen-
tial
|
55
|
50
|
65
|
75
| ||
|
Commer-
cial or
public
spaces
|
65
|
50
|
65
|
75
| ||
|
Rights-
of-way indus-
trial
|
65
|
50
|
65
|
75
| ||
B.
The following are exempt from the sound level limits
of Table I:
(1)
Noise from domestic power tools, lawn mowers and agricultural
equipment when operated with a muffler between the hours of 8:00 a.m.
and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends
and legal holidays, provided that they produce less than 85 dBA at
or within any real property line of a residential property.
(2)
Sound from church bells and church chimes when a part
of a religious observance or service.
(3)
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 147-2.
(4)
Noise from snow blowers, snow throwers and snowplows
when operated with a muffler for the purpose of snow removal.
(5)
Noise from stationary emergency signaling devices
that conforms to the provisions of N.J.A.C. 7:29.
(6)
Noise from an exterior burglar alarm of any building
or motor vehicle, provided that such burglar alarm shall terminate
its operation within 15 minutes after it has been activated.
(7)
Noise from the operation of any tools or equipment
by the Township's Department of Public Works at any time of day and
on any day of the week.
[Added 11-1-2006 by Ord. No. 2006-26]
(8)
Noise from any utility company performing work within
the Township boundaries at any time of day and on any day of the week.
[Added 11-1-2006 by Ord. No. 2006-26]
A.
No person shall cause, suffer, allow or permit to
be made, verbally or mechanically, any noise disturbance. Noncommercial
public speaking and public assembly activities conducted on any public
space or public right-of-way shall be exempt from the operation of
this section.
B.
No person shall cause, suffer, allow or permit the
following acts:
(1)
Sound reproduction systems: operating, playing or
permitting the operation or playing of any radio, television, phonograph
or similar device that reproduces or amplifies sound in such a manner
as to create a noise disturbance for any person other than the operator
of the device.
(2)
Loudspeakers and public address systems: using or
operating of any loudspeaker, public address system or similar device
between the hours of 10:00 p.m. and 8:00 a.m. in the following day,
such that the sound therefrom creates a noise disturbance across a
residential real property line.
(3)
Animals and birds: owning, possessing or harboring
any pet animal or pet bird that frequently or for continued duration
makes sounds that create a noise disturbance across a residential
real property line. (For the purpose of this subsection, a "noise
disturbance" from a barking dog shall be defined as that created by
a dog barking continually for 10 minutes or intermittently for 30
minutes, unless provoked.)
(4)
Loading and unloading: loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials,
liquids, garbage cans, refuse or similar objects or the pneumatic
or pumped loading or unloading of bulk materials in liquid, gaseous,
powder or pellet form or the compacting of refuse by persons engaged
in the business of scavenging or garbage collection, whether private
or municipal, between the hours of 10:00 p.m. and 7:00 a.m. the following
day when the latter is a weekday and between the hours of 10:00 p.m.
and 7:00 a.m. the following day when the latter is a legal holiday
or a weekend day, except by permit, when the sound therefrom creates
a noise disturbance across a residential real property line.
(5)
Standing motor vehicles: operating or permitting the
operation of any motor vehicle whose manufacturer's gross weight is
in excess of 10,000 pounds, or any auxiliary equipment attached to
such a vehicle, for a period longer than five minutes in any hour
while the vehicle is stationary, for reasons other than traffic congestion
or emergency work, on a public right-of-way or public space within
150 feet (46 meters) of a residential area between the hours of 8:00
p.m. and 8:00 a.m. of the following day.
(6)
Commercial construction and demolition: operating
or permitting the operation of any tools or equipment used in commercial
construction, drilling, earthmoving, excavating or demolition work
between the hours of 6:00 p.m. and 7:00 a.m. the following day on
weekdays or at any time on weekends or legal holidays, provided that
such equipment is equipped with a functioning muffler, except:
[Amended 11-1-2006 by Ord. No. 2006-26]
A.
The provisions of this chapter shall not apply to:
(1)
The emission of sound for the purpose of alerting persons to the existence of an emergency, except as provided in § 147-2.
(2)
The emission of sound in the performance of emergency
work.
(3)
The emission of sound in situations within the jurisdiction
of the Federal Occupations Safety and Health Act.
B.
Noise from municipally sponsored or approved celebrations
or events shall be exempt from the provisions of this chapter.
A.
Any person who owns or operates any stationary noise
source may apply to the Warren County Board of Health for a variance
from one or more of the provisions of this chapter. Applicants for
a permit of variance shall supply information, including but not limited
to:
(1)
The nature and location of the noise source for which
such application is made.
(2)
The reason for which the permit of variance is requested,
including the hardship that will result to the applicant, his/her
client or the public if the permit of variance is not granted.
(3)
The nature and intensity of noise that will occur
during the period of the variance.
(4)
The section or sections of this chapter for which
the permit of variance shall apply.
(5)
A description of interim noise control measures to
be taken by the applicant to minimize noise and the impacts occurring
therefrom.
(6)
A specific schedule of the noise-control measures
which shall be taken to bring the source into compliance with this
chapter within a reasonable time.
B.
Failure to supply the information required by the
Warren County Board of Health shall be cause for rejection of the
application.
C.
A copy of the permit of variance must be kept on file
by the Municipal Clerk for public inspection.
D.
The Warren County Board of Health may charge the applicant
in accordance with local ordinance a fee to cover expenses resulting
from the processing of the permit of variance application.
E.
The Warren County Board of Health may, at its discretion,
limit the duration of the permit of variance, which shall be no longer
than one year. Any person holding a permit of variance and requesting
an extension of time shall apply for a new permit of variance under
the provisions of this section.
F.
No variance shall be approved unless the applicant
presents adequate proof that:
G.
In making the determination on granting a variance,
the Warren County Board of Health shall consider:
(1)
The character and degree of injury to, or interference
with, the health and welfare or the reasonable use of property which
is caused or threatened to be caused.
(2)
The social and economic value of the activity for
which the variance is sought.
(3)
The ability of the applicant to apply the best practical
noise-control measures.
H.
The permit of variance may be revoked by the Warren
County Board of Health if the terms of the permit of variance are
violated.
I.
A variance may be revoked by the Warren County Board
of Health if there is:
A.
Issuance of summons. Violation of any provision of
this chapter shall be cause for a summons to be issued by the Warren
County Board of Health according to procedures set forth in N.J.A.C.
7:29B.
B.
Abatement orders.
(1)
Except as provided in Subsection B(2), in lieu of issuing a summons as provided in § 147-10A, Issuance of summons, the Warren County Board of Health may issue an order requiring abatement of any source of sound alleged to be in violation of this chapter within a reasonable time period and according to guidelines which the Warren County Board of Health may prescribe.
C.
Violations and penalties.
(1)
Any person who violates any provision of this chapter shall be subject to a penalty for each offense of not more than $500, except as provided in Subsection C(2).
(2)
Any person who willfully or knowingly violates any
provision of this chapter shall be subject to a penalty for each offense
of a sum of not less than $25 and not more than $500.
(3)
If the violation is of a continuing nature, each day
during which it occurs shall constitute an additional, separate and
distinct offense.
D.
Other remedies. No provision of this chapter shall
be construed to impair any common law or statutory cause of action,
or legal remedy therefrom, of any person for injury or damage arising
from any violation of this chapter or from other law.
