Editor's Note: See also Section 3-21, False Alarms.
[1985 Code § 13-1.1]
All terminology used in this section, not defined below, shall
be in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body.
[1985 Code § 13-1.2]
As used in this chapter:
Shall mean the sound pressure level as measured on a sound
level meter using the A-weighting network. The level so read shall
be designated dB(a) or dBA.
Shall mean the sound pressure level of the all compassing
noise associated with a given environment, being usually a composite
of sounds from many sources. (The A-weighted sound pressure level
exceeded 90% of the time/L90 based on a one hour period.)
Shall mean a steady, fluctuating, or impact noise which exists,
essentially without interruption, for a period of one hour, or more.
Shall mean steady, fluctuating, or impulsive noise which
may not contain a pure tone, which varies in sound pressure level
such that the same level is obtained repetitively at reasonably uniform
intervals of time.
Shall mean a logarithmic (dimensionless) units of measure
often used in describing the amplitude of sound. Decibel is denoted
as dB.
Shall mean any municipal agency.
Shall mean any mechanism which is intended to produce, or
which actually produces noise when operated or handled.
Shall mean a motor vehicle used in response to a public calamity
or to protect persons or property from imminent danger.
Shall mean work made necessary to restore property to a safe
condition following a public calamity, work to restore public utilities,
or work required to protect persons or property from an imminent exposure
to danger.
Shall mean the sound pressure level of fluctuating noise
varies more than six dB(A) during the period of observation when measured
with the slow meter characteristic of a sound level meter, and does
not equal the previously existing ambient noise level more than once
during the period of observation.
Reserved for future reference.
Shall mean a noise characterized by brief excursions of sound
pressure whose peak levels exceed the ambient by 10 dBA. The duration
of a single impulse is usually less than one second and requires the
use of a sound level meter specially adapted for its measurement.
Shall mean a twenty-four-hour average of the A-weighted sound
pressure level, with the levels during the period 10:00 p.m. to 7:00
a.m. increased, by 10 dB(A) before averaging. It is denoted Ldn.
Shall mean the A-weighted sound pressure level that is exceeded
10% of the time, and any measurement period such as the level that
is exceeded six minutes in any hour, or multiples thereof, and is
denoted L10.
Shall mean the A-weighted sound pressure level that is exceeded
90% of the time in any measurement period such as the level that is
exceeded for 54 minutes in any hour, or multiples thereof, and is
denoted L90.
Shall mean and include, as defined in the Motor Vehicle Code
of the State, any vehicles which are propelled or drawn by mechanical
equipment, such as but not limited to, passenger cars, trucks, truck-trailers,
semi-trailers, campers, motorcycles, mini-bikes, go-carts, snowmobiles,
amphibious craft on land, dune buggies or racing vehicles.
Shall mean any vehicle which is primarily operated on water
or which does operate on water, such as boats, barges, amphibious
craft or hover craft, and which is at any time propelled by mechanical
power.
Shall mean any apparatus whose primary purpose is to transmit
liquids or gases while causing a reduction in sound emission at one
end.
Shall mean any sound which is unwanted or which causes or
tends to cause an adverse psychological effect on human beings.
Shall mean any sound which annoys, disturbs, perturbs reasonable
persons with normal sensitivities; or any sound which injures or endangers
the comfort, repose, health, hearing, peace or safety of other persons.
Shall mean any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of the United States, a state or any political subdivision of that
state.
Shall mean any noise for which the information content of
that noise is unambiguously communicated to the listener, such as,
but not limited to, understandable spoken speech or comprehensible
musical rhythms.
Shall mean any powered vehicles, either airborne, waterborne,
or landborne, which are designed not to carry persons or property
such as, but not limited to, model airplanes, boats, cars, rockets,
and which can be propelled by mechanical means.
Shall mean any imaginary line at the ground surface, and
its vertical extension, which separates the real property owned by
one person from that owned by another person.
Shall mean any street, avenue, boulevard, highway, alley,
or public space which is owned or controlled by a public government
entity.
Shall mean any noise which can be distinctly heard as a single
pitch or a set of single pitches. For the purposes of measurement,
a pure tone shall exist if the 1/3 octave band sound pressure level
in the band with the tone exceeds the arithmetic average of the sound
pressure levels of the two contiguous 1/3 octave bands by five dB
for frequencies of 500 Hz and above eight dB for frequencies between
160 and 400 Hz and by 15 dB for frequencies less than or equal to
125 Hz.
Shall mean any noise which is composed of impulsive noises
that are repeated at sufficiently slow rates such that a sound level
meter set at "fast" meter characteristic will show changes in sound
pressure level greater than two dB(A).
Shall mean the square root of the time averaged square of
the sound pressure, denoted Prms.
Shall mean a temporal and spatial oscillation in pressure,
or other physical quantity, in a medium with internal forces that
causes compression and rarefaction of that medium, and which propagates
a finite speed to distant points.
Shall mean an instrument, including a microphone, amplifier,
RMS detector and integrator or time averager, output meter and weighting
networks, and is used to measure these sound pressure fluctuations.
Shall mean the total work done by a sound source, on the
surrounding medium, per unit time, which is propagated away from the
source as sound waves.
Shall mean 10 times the logarithm to the base 10 of the ratio
of the sound power to the reference power which shall be 10 -12 Watts,
and is denoted Lw or PWL.
Shall mean the instantaneous difference between the actual
pressure and the average or barometric pressure at a given point in
space.
Shall mean 20 times the logarithm to the base 10 of the ratio
of the RMS sound pressure to the reference pressure which shall be
20 micropascals, denoted Lp or SPL.
Shall mean any device excluding those attached to motor vehicles,
used to alert persons engaged in emergency operations. These include
but are not limited to, firefighters, first aid squad members and
law enforcement officers, whether paid or volunteer.
Shall mean any device fixed or movable, which is located
or used on geographically defined, real property other than a public
right-of-way.
Shall mean a sound pressure level which remains essentially
constant during the period of observation, i.e., the fluctuations
are too small to meet the criterion for fluctuating noise.
Shall mean a temporal and spatial oscillation of displacement,
velocity or acceleration in a solid material.
Shall mean the minimum vibrational motion necessary to cause
awareness of its existence on the part of a normal person, by direct
means, such as, but not limited to, sensation by touch, or visual
observations of moving objects.
Shall mean any Monday, Tuesday, Wednesday, Thursday or Friday
which is not a legal holiday.
[1985 Code § 13-2.1]
The noise control program required by this chapter shall be
administered by the Noise Control Officer, Health Officer, Construction
Official or other, so designated by the Borough.
[1985 Code § 13-2.2]
All departments shall, to the fullest extent consistent with
their authorities under other ordinances administered by law, carry
out their programs.
[1985 Code § 13-2.3]
All departments shall cooperate with the Noise Control Officer
to the fullest extent in enforcing the noise regulations of this chapter.
[1985 Code § 13-2.4]
All departments engaged in any activities which result or may
result in the emission of noise, shall comply with Federal and State
laws and regulations, as well as the provisions of this chapter, respecting
the control and abatement of noise to the same extent that any person
is subject to such laws and regulations.
[1985 Code § 13-2.5]
Each department, whose duty it is to review and approve new
projects, or changes to existing projects, that result, or may result,
in the emission of noise, shall consult with the Noise Control Officer
prior to any such approval.
[1985 Code § 13-2.6]
If at any time the Noise Control Officer has reason to believe
that a standard, regulation or action or proposed standard, regulation
or action of any department respecting noise does not conform to the
intent of this chapter, he may request the department to consult with
him on the advisability of revising such standards or regulations
to conform.
[1985 Code § 13-2.7]
Any written agreement, purchase order or instrument whereby
the Borough is committed to the expenditure of funds in return for
goods or services or both, shall not be entered into unless such agreement,
purchase order, or instrument contains provisions requiring that any
equipment or activities which are subject to the provisions of this
Code will be operated, constructed, conducted or manufactured without
causing violation of the Code.
[1985 Code § 13-2.8]
Any product which has been certified by the Administrator of
the United States Environmental Protection Agency pursuant to Section
15 of the Noise Control Act of 1972 as a low noise emission product
and which he determines is suitable for use as a substitute, shall
be used in preference to any other product, provided that such certified
product has a procurement cost which is not more than 125% of the
least expensive type of product for which it is certified as a substitute.
[1985 Code § 13-3.1]
In order to implement the purposes of this chapter, the Noise
Control Officer shall have the power to:
a.
Studies. Conduct, or cause to be conducted, studies, research, and
monitoring related to noise.
b.
Education. Conduct programs of public education regarding the causes
and effects of noise but not giving specific procedures for its abatement,
and to encourage the participation of public interest groups in related
public information efforts.
c.
Coordination and Cooperation. Coordinate the noise control activities
of all municipal departments and cooperate where practicable with
all appropriate Municipal, County, State and Federal agencies to best
implement the purposes of this chapter and, where appropriate, enter
into contracts (with the approval of the Borough Council) for the
provision of the technical or enforcement services.
d.
Review of Private Projects. Review all private projects subject to
review by any other department for compliance with the intent and
provisions of this chapter. This shall include the review of all licensing
applications where noise may be an important factor.
e.
Inspections. For reasonable cause and upon presentation of proper
credentials, enter any building, property, premises, or place and
inspect any noise source for the purpose of ascertaining the compliance
or noncompliance with any provision of this chapter, or have access
to and require the production of books, and papers pertinent to any
matter under investigation.
f.
Records. Require the owner or operator of any significant noise source
to establish and maintain records and make such reports as the Noise
Control Officer may reasonably prescribe. The Noise Control Officer
will determine significant noise source.
g.
Measurements. Require the owner or operator of any noise source to
measure the noise emissions thereof in accordance with such methods
and procedures and at such locations and times as the Noise Control
Officer may reasonably prescribe.
[1985 Code § 13-3.2]
In order to implement the purposes of this chapter, the Noise
Control Officer shall be required to:
a.
Measurement Standards. Develop measurement methods and standards
which will further the purposes of this chapter, and which standards
are the same as preemptive Federal standards when such standards become
effective unless specifically exempted by the Federal EPA.
b.
Truck Routes. Develop a truck route map of the community for the
purpose of decreasing truck noise.
c.
Enforcement Procedures. Develop administrative procedures which will
provide for effective enforcement of this chapter.
d.
Enforcement of Federal Regulations. Make recommendations for changes
to this chapter so that it is consistent with all preemptive State
and Federal Regulations, and provides for effective enforcement of
those changes.
e.
Long Term Noise Goals. Develop a generalized noise map of the community
to develop long term objectives for achieving quiet in the community
and develop a means for implementing these objectives into the long
range planning process.
[1985 Code § 13-4.1]
It shall be unlawful for any person to make, continue or cause
to be made or continued any excessive, or unusually loud noise, or
to create a noise disturbance within the limits of the Borough.
[1985 Code § 13-4.2]
The following acts, among others are declared to be loud, disturbing
or excessive noise in violation of this chapter, but the enumeration
shall not be deemed to be exclusive, namely:
a.
Horns and Signaling Devices. The sounding of any horn or signaling
device on any motor vehicle on any public right-of-way, except as
a danger warning signal or as provided in the Vehicle Code of the
State of New Jersey.
b.
Radios, Television Sets and Similar Devices.
1.
Operating or permitting the use or operation of any radio receiving
set, musical instrument, television, phonograph, drum, or other device
for the production or reproduction of sound, except as provided for
in paragraph c below, in such a manner as to cause a noise disturbance;
or
2.
Operating any such device between the hours of 10:00 p.m. and 7:00
a.m. in such a manner as to be plainly audible across real property
boundaries or partitions common to two parties within a building or
plainly audible across real property boundaries or partitions common
to two parties within a building or plainly audible at 50 feet from
such device when operated within a motor vehicle parked on a public
right-of-way or on a public space, or within a motorboat.
c.
Exterior Loudspeakers. Using or operating any mechanical device or loudspeaker in a fixed or movable position exterior to any building or mounted upon any aircraft, motor vehicle or motorboat such that the sound therefrom is plainly audible at or beyond the property boundary of the source, on a public way except as provided for in subsection 8-5.2 (or . . ."between hours of 10:00 p.m. and 7:00 a.m. the following day.").
d.
Street Sales. Selling anything by outcry within any area of the Borough
zoned primarily for residential uses, except by permit (or . . ."between
the hours of 10:00 p.m. and 7:00 a.m.").
e.
Animals. Owning, keeping, possession, or harboring any fowl, animal
or animals which, by frequent or habitual howling, barking, meowing,
squawking, or other noisemaking, cause a noise disturbance. The provisions
of this section shall also apply to all private or public facilities,
including any animal pounds which hold or treat animals.
f.
Loading Operations. Loading, unloading, opening or otherwise handling
boxes, crates, containers, garbage cans, or otherwise similar objects
between the hours of 10:00 p.m. and 7:00 a.m. the following day (in
such a manner as to cause noise disturbance).
g.
Construction Noise. Operating or causing to be operated any equipment
used in commercial construction, repair, alteration or demolition
work on buildings, structures, streets, alleys, or appurtenances thereto,
in residential or commercial land use categories with sound control
device that would constitute tampering under this chapter or operation
in any other manner in violation of any regulation of the United States
Environmental Protection Agency; or between the hours of 10:00 p.m.
and 7:00 a.m. the following day on weekdays and between 10:00 p.m.
Friday night and 7:00 a.m. Monday morning and on legal holidays (except
by permit).
h.
Vehicle Repairs or Testing. Repairing, rebuilding, modifying or testing any motor vehicle (or off-road vehicles) or motorboat in or near a residential use district in such a manner as to cause noise disturbance or violate the provisions of Section 8-4.
i.
Aircraft Operations. Not applicable.
j.
Places of Public Entertainment. Operating, or permitting to be operated
any loudspeaker or other source of sound in any place of public entertainment
which produces maximum levels of (x) dB(A) at any point that is normally
occupied by a human being as read with the slow response on a sound
level meter, without a conspicuous and legible sign located outside
such place, near the entrance, stating, "WARNING, SOUND ENVIRONMENT
WITHIN MAY CAUSE TEMPORARY HEARING IMPAIRMENT WHICH MAY BECOME PERMANENT
WITH CONTINUED EXPOSURE."
k.
Impulsive Sources. The use of explosives, or the firing of guns or other explosive devices without first obtaining a permit, as required by Section 8-5.
l.
Motor Vehicle Racing Events. Operating or permitting the operation
of any motor vehicle racing events at any place except an authorized
track and in a manner approved by the Noise Control Officer or his
designated representative to minimize noise disturbance, unless preempted
by State regulations dealing with motor vehicle racing events.
m.
Powered Model Vehicles. Operating or permitting the operation of powered model vehicles between the hours of 10:00 p.m. and 7:00 a.m. the following morning. Maximum sound pressure levels during the permitted period of operation shall conform to those set forth in Table 1 of subsection 8-6.1 and shall be measured at the property boundary of the source or at a distance of 100 feet, if it is operated in a public place.
n.
Refuse Compacting Vehicles. Operating or permitting to be operated
any motor vehicle which can compact refuse and which creates, during
the compacting cycle, a sound pressure level in excess of 65 dB(A)
when measured at 25 feet from any point of the vehicle, or between
the hours of 10:00 p.m. and 7:00 a.m. the following day (in residential
use district).
o.
Standing Motor Vehicles. Operating or permitting the operation of
the motor of any motor vehicle whose manufacturer's gross weight is
in excess of 10,000 pounds, or any attached auxiliary equipment for
a period longer than three minutes in any hour while such vehicle
is stationary on a public right-of-way in a residential district or
in any designated quiet zone, or is on private property in a residential
or commercial zone and is not within a completely enclosed structure.
p.
Vibration. Using or causing the use of any device that creates vibration
which is above the vibration perception threshold of any individual
at or beyond the property boundary of the source on private property
or at 100 feet from the source if on public property.
q.
Bells and Alarms.[1]
1.
The sounding, or permitting the sounding of, for more than one minute
in any hourly period in the open air, of any (electrically amplified)
signal from any bell or chime or other device from any clock, school,
hours of religious worship, or governmental building or;
2.
The sounding or permitting the sounding of any exterior burglar alarm
on any building or motor vehicle unless such burglar alarm shall terminate
its operation within minutes of its being activated. Any motor vehicle
upon which a burglar alarm has been installed shall prominently display
the telephone number at which communication may be made with the owner
of such motor vehicle.
r.
Stationary Emergency Signaling Device.
1.
Testing of only the electromechanical functioning of a stationary
emergency signaling device shall occur at the same time each day that
a test is performed, but not before 8:00 a.m. or after 8:00 p.m. Any
such testing shall only use the minimum cycle test time. In no case
shall such test time exceed 10 seconds.
2.
Testing of the complete emergency signaling system including the
electromechanical functioning of the signaling device and the personnel
response to the signal shall not occur more than once in each calendar
month. Such testing shall not occur before 8:00 a.m. or after 8:00
p.m. The 10 second time limit on the electromechanical functioning
of the signaling device shall not apply to such system testing. Stationary
emergency signaling devices shall be used only for testing in compliance
with applicable provisions of this chapter and for emergency purposes
where personnel and equipment are mobilized.
s.
Quiet Zones. Creating any unnecessary or unusually loud noise within
the quiet zone of any school, library, hospital, nursing home, court,
or other designated area where exceptional quiet is necessary while
the same are in use, provided conspicuous signs are displayed in adjacent
or contiguous streets, indicating that the same is a quiet zone.
[1985 Code § 13-5.1]
Noise caused in the performance of emergency work for the immediate
safety, health or welfare of the community or individuals of the community,
or to restore property to a safe condition following a public calamity
shall not be subject to the provisions of this chapter. Nothing in
this section shall be construed to permit law enforcement, ambulance,
fire, or other emergency personnel to make excessive noise in the
performance of their duties when such noise is clearly unnecessary.
The use of stationary emergency signaling devices shall be for emergency
use only.
[1985 Code § 13-5.2]
The EPO is authorized to grant permits as required by any provision
of this chapter, subject to such limitations as to area, noise levels,
time limits and other terms and conditions as it determines are appropriate
to protect public health, safety, and welfare from the noise emanating
therefrom. This section shall in no way effect the duty to obtain
any other permit or license required by law for such activities.
[1985 Code § 13-5.3]
a.
Upon good cause shown by the owner of any noise source, the Borough
Council shall have the power to grant an exemption from the operation
of this chapter in order to allow sufficient time for installation
of needed control equipment, facilities, or modifications to achieve
compliance not to exceed 10 days, provided that such exemption may
be renewed for an additional like period, but only if satisfactory
progress toward compliance is shown.
b.
Any person seeking an exemption shall file a petition with the Noise
Control Officer. The Noise Control Officer shall promptly give written
notice of such petition to any person who has in writing requested
notice of such exemption petition and shall publish notice of such
petition in a newspaper of general circulation within the Borough.
The Noise Control Officer shall promptly investigate such petition
and shall consider the views of all persons who might be adversely
affected by the grant of an exemption. If the Noise Control Officer,
in his discretion, concludes that a hearing would be advisable, or
if any person files a written request for a hearing or a written objection
to the grant of such exemption within 10 days of the notice provided
herein, a hearing shall be held on the petition. A written transcript
shall be kept of any such hearing.
c.
In granting or denying an exemption the Borough Council shall appoint
a review body to hear the case. This body shall then file and publish
a written order, stating the facts and reasons leading to its decision.
[1985 Code § 13-6.1]
It shall be unlawful for any person to operate or permit to
be operated, any stationary source of noise in such a manner as to
create a sound pressure level which exceeds the limits set forth for
the receiving land use (Land Use Category) in Table I when measured
at the property boundary. When a noise source can be identified and
its noise measured in more than one land use category, the limits
of the most restrictive use shall apply at the boundaries between
land use categories.
|
TABLE I — RECEIVING LAND USE CATEGORY
|
Residential, Open Space, Agricultural, or Institutional, Commercial
or Business Industrial or Manufacturing.
[1985 Code § 13-6.2]
a.
For any stationary source of noise which emits a pure tone, cyclically varying noise or repetitive noise, the limits set forth in subsection 8-6.1 shall be reduced by five (5) dB(A).
b.
Notwithstanding compliance with paragraph a of this subsection, it
shall be unlawful for any person to operate, or permit to be operated,
any stationary source of noise which emits a pure tone, cyclically
varying or repetitive impulsive noise which creates a noise disturbance.
[1985 Code § 13-7.1]
|
Table II
| |
|---|---|
|
Sound Pressure Level
| |
|
Time
|
Limit dB(A)
|
|
7:00 a.m. — 10:00 p.m.
|
65
|
|
10:00 p.m. — 7:00 a.m.
|
65
|
|
At all times
|
65
|
|
At all times
|
75
|
[1985 Code § 13-7.2]
No person shall operate a motor vehicle on a public right-of-way
at any time in such manner that the sound pressure level emitted by
the vehicle exceeds the levels set forth in Table III when measured
at the location established by paragraph a. This subsection shall
apply to all motor vehicles, whether publicly or privately owned,
that are duly licensed.
|
Table III
| ||
|---|---|---|
|
Sound Pressure Level dB(A)
| ||
|
Vehicle Class
|
Speed Limit
35 M.P.H. or Less
|
Speed Limit
35 M.P.H. or More
|
|
Interstate Motor carrier
|
A
|
B
|
|
All other Motor Vehicles with a manufacturer gross vehicle rating
of 10,000 pounds or more, and any combination of vehicles towed by
such motor vehicle.
|
86
|
90
|
|
Any motorcycle other than a motor-driven cycle.
|
82
|
86
|
|
All other motor vehicle and any combination of vehicles towed
by such motor vehicle.
|
76
|
82
|
|
Levels must be the same as Federal EPA.
| ||
a.
Measurement Distance. For the purpose of subsection 8-7.2 the standard measurement height shall be four feet (1.2 meters) and the standard horizontal measurement distance from the center line of the traffic lane being monitored shall be 50 feet 15 meters. Whenever it is not feasible to use 50 feet, the distance may be shortened to 25 feet 7.5 meters in which case the values in Table II or subsection 8-7.2 shall be increased by six dB(A).
b.
Federal Preemption. At such time as the Administrator of the United
States Environmental Protection Agency establishes noise standards
applicable to the operation of licensed interstate motor carriers
pursuant to the Federal Noise Control Act of 1972 (Public Law 92-574)
the standards and measurement techniques shall be incorporated herein
by reference to be applicable to the period of use after the first
sale to an ultimate purchaser; and any conflicting local standards
shall be superseded with respect to those classes of motor vehicles
covered by the Federal Standards.
c.
Truck Routes. From 10:00 p.m. to 7:00 a.m. the following day on weekdays, and on (Saturdays) Sundays, and legal holidays, no motor vehicles with a manufacturers gross vehicle weight greater than 10,000 pounds shall operate on any public right-of-way other than a truck route established pursuant to subsection 8-3.2, paragraph b of this chapter, (Level Tenth Percentile, subsection 8-1.2, required).
[1985 Code §§ 13-7.2 — 13-7.3]
No person shall operate a power propelled vehicle or recreational
device off a public right-of-way in such manner that a sound pressure
level emitted therefrom exceeds the limits set forth in Table IV when
measured at the locations set forth in this subsection. This subsection
shall apply to all motorized vehicles and recreational devices, whether
publicly or privately owned, or whether or not duly registered or
licensed, including but not limited to, passenger cars, trucks, campers,
motorcycles, mini-bikes, go-carts, snow mobiles, amphibious craft,
dune buggies, racing vehicles, water ski towing devices and motorboats.
|
Table IV
| |
|---|---|
|
Vehicle Class
|
Sound Pressure Level dB(A)
|
|
Motorboat
|
A
|
|
All other vehicles
|
B
|
[1985 Code § 13-8]
This section to be incorporated at a later date.
[1985 Code § 13-9.1]
For the purposes of this section, noise exposure levels and
contours identified for airports or highways pursuant to guidelines
or recommended practices established by the Federal Aviation Administration,
the Federal Highway Administration, or the United States Environmental
Protection Agency, as contained in any report or environmental impact
statement prepared by or for such agencies, shall constitute prima
facie evidence of the noise exposures which are or are projected to
be created by such airports or highways.
[1985 Code § 13-9.2]
a.
When, in the opinion of the Noise Officer there is reason to believe that any proposed development of a type regulated pursuant to subsection 8-9.3 is proposed to be located in an area which is, or is projected to be, subject to a day-night average noise level in excess of L1 dP(A), prior to approval of any subdivision, zoning or building permit application, the applicant shall be required to submit a noise study of the site in question. Such study shall contain without limitation the following:
1.
A report of day-night average noise levels for a representative sample
of location on the site, conducted in accordance with the guidelines
and procedure adopted by the Noise Officer.
2.
A report of projected or proposed new or expanded noise sources which
may affect the noise exposure of the site during the lifetime of the
development, and the projected future noise levels at the site resulting
from new or expanded noise sources.
b.
In determining whether an applicant should be required to submit a noise study pursuant to paragraph a of this subsection, the Noise Officer shall consider any report recognized pursuant to subsection 8-9.1 and shall without limitation, consider the criteria contained in the Noise Assessment Guidelines developed and published by the United States Department of Housing and Urban Development.
[1985 Code § 13-9.3]
a.
No new construction or development of groups of single family residences
which shall be approved in any area, for any site, which is, or is
projected during the useful life of the structure to be, subject to
an exterior day-night average noise level in excess of 55 dB(A).
b.
No new construction or development of multiple-family residences,
dormitories, mobile homes, transient lodging, schools, hospitals,
nursing homes, or churches shall be approved in any area, or for any
site, which is, or is projected during the useful life of the structure
to be, subject to an exterior day-night average noise level in excess
of L3 dB(A) unless there shall be incorporated into the construction
or development such noise insulation techniques as determined by any
applicable local building codes or guidelines established by the United
States Department of Housing and Urban Development which are necessary
and adequate to reduce the interior day-night average noise level
in such structure to L4 dB(A) or less.
[1985 Code § 13-9.4]
No new commercial or industrial construction shall be approved, unless it can be shown that the construction will meet Section 8-4 of this chapter for land use categories existing at the time of construction.
[1985 Code § 13-9.5]
No new road construction or modifications to existing roads
will be approved, whether locally funded or not, for residential areas,
unless necessary noise control measures are taken to insure that the
day-night noise level due to all the vehicles operating on the completed
roadway does not exceed LDN 60 dB at any point along any residential
property boundary on a weekday.
[1985 Code § 13-9.6]
No new road construction or modifications to existing roads will be approved unless the construction operations are in compliance with the provisions of subsection 8-4.2, paragraph g, of this chapter.
[1985 Code § 13-9.7]
a.
Prior to issuance of any occupancy permit for any construction or development regulated pursuant to subsection 8-9.3, paragraph b., the owner of the structure shall submit, and the Noise Officer shall approve the report of any independent testing agency approved by the Noise Officer, certifying that noise insulation techniques have been properly incorporated into the structure as approved pursuant to subsection 8-9.3. Such report shall contain a report of measurements of the exterior to interior noise reduction of the structure for a representative sample of locations within the structure. The noise reduction for each location shall not be less than that required to meet the standards of subsection 8-9.3, paragraph b.
[1985 Code § 13-9.8]
For the purpose of this section measurements and designations
of noise exposures shall be expressed in day-night average noise level
(Ldn), or in equivalent values expressed in noise exposure forecast
(NEF), composite noise rating (CNR), or any other equivalent noise
exposure measurement system approved by the Noise Officer.
[1985 Code § 13-9.9]
No zoning change, adjustment, variance, or exception which affects
the land use categories will be permitted unless the use to be allowed
does not violate the provisions of this chapter.
[1985 Code § 13-9.10]
No person shall sell or rent, or cause to be sold or rented, any structure to be used for habitation, outside of which structure the sound pressure levels are in excess of those permitted under Section 8-6 without making full disclosure to all potential buyers or renters of the existence of such noise disturbance.
[1985 Code § 13-10.1]
[1985 Code § 13-10.2]
The operation or maintenance of any noise source in violation
of any provision of this chapter shall be deemed and is declared to
be a public nuisance and may be subject to abatement summarily by
a restraining order or injunction issued by a court of competent jurisdiction
or in any other manner available for the abatement of public nuisances.
[1985 Code § 13-10.3]
Violation of this chapter shall be cause for summons and complaint
to be issued forthwith; provided, however, that if the noise source
is not a motor vehicle moving on a public right-of-way, in lieu of
a summons and complaint, enforcement personnel may issue a twenty-four-hour
notice or other reasonable amount of time not to exceed three days,
signed by the Noise Control Officer, in writing, which may be served
personally or by certified mail to the last known address of the person
to whom addressed, with return receipt requested, directed to the
owner, occupant, person or persons in charge of or in control of the
device, building or premises to abate the violation of this chapter.
Failure to comply with the order so issued and service shall constitute
a violation of this chapter.
[1985 Code § 13-10.4]
a.
Any remedy available pursuant to this chapter shall be considered
separate and not exclusive of any other remedy available hereunder.
b.
Nothing in this chapter shall be construed to impair any cause of
action, or legal remedy therefore, of any person or the public for
injury or damage arising from any violation of this chapter.
