[HISTORY: Adopted by the Township Council
of the Township of Chester 3-2-2004. 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. Terms not defined in this chapter 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-way, dredging navigational
waterways, or abating life-threatening conditions.
Either a single-pressure peak or a single burst (multiple
pressure peaks) that 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.
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.
Employees of 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 a municipality
with a Department approved noise control ordinance and the employees
have received noise 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.[1]
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or casement 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:
The imaginary line including its vertical extension
that separates one parcel of real property from another;
The vertical and horizontal boundaries of a
dwelling unit that is part of a multi-dwelling-unit building; or
On a multiuse property, the interface between
the two portions of the property on which different categories of
activity are being performed (e.g., if the multiuse 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.
[1]
Editor's Note: The former definition of "plainly audible,"
which immediately followed this definition, was repealed 1-19-2010
by Ord. No. 2009-15.
A.
This chapter 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.
A.
The provisions of this chapter 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 are 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.
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 § 121-4B and C of this chapter and with the definition of "real property line" as contained herein.[1]
C.
Noise control officers shall have the power to:
(1)
Coordinate the noise control activities of all departments
in Chester Township and cooperate with all other public bodies and
agencies to the extent practicable;
(2)
Review the actions of Chester Township and advise
of the effect, if any, of such actions on noise control;
(3)
Review public and private projects, subject to mandatory
review or approval by other departments or boards, for compliance
with this chapter;
(4)
Investigate and pursue possible violations of this
chapter for sound levels which equal or exceed the sound levels set
forth in Tables I and II,[2] when measured at a receiving property located within the
designated jurisdiction of the noise control officer, in accordance
with § 121-7 below; and
[2]
Editor's Note: Tables I and II are included
at the end of this chapter.
(5)
Cooperate with noise control officers of adjacent
municipalities in enforcing one another's municipal noise ordinances.
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 121-2A 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[1] 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 B below.
[1]
Editor's Note: Tables I and II are included
at the end of this chapter.
B.
When measuring total sound or residual sound within
a multiuse 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 multiuse property (e.g., sound generated within
a commercial unit of a multiuse 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. Impulsive sound shall not equal or
exceed 80 decibels at all times.
A.
B.
Notwithstanding the provisions of Tables I and II,[2] the following standards shall apply to the activities
or sources of sound set forth below:
(1)
Noncommercial or nonindustrial 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.[3] 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 noncommercial or nonindustrial
power tools and landscaping and yard maintenance equipment.
[3]
Editor's Note: Tables I and II are included
at the end of this chapter.
(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.[4] 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.
[4]
Editor's Note: Tables I and II are included
at the end of this chapter.
(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 the hours of 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.[5] 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.
[5]
Editor's Note: Tables I and II are included
at the end of this chapter.
(4)
Motorized snowblowers, snow throwers, and lawn equipment
with attached snowplows shall be operated at all times with a muffler.
(5)
An exterior burglar alarm of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for impulsive sound after it has been activated.[6]
[6]
Editor's Note: Former Subsection B(6), (7) and (8), concerning
personal or commercial vehicular music amplification or reproduction
equipment, personal vehicular music amplification equipment, and self-contained,
portable music or sound amplification or reproduction equipment, respectively,
was repealed 1-19-2010 by Ord. No. 2009-15. This ordinance also provided
for the redesignation of former Subsection B(9) as Subsection B(6).
[2]
Editor's Note: Tables I and II are included
at the end of this chapter.
A.
Violation of any provision of this chapter shall be
cause for an enforcement document to be issued to the violator by
noise control officers according to procedures set forth at 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 chapter
shall be subject to a civil penalty for each offense of not more than
$3,000. 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 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.
