[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 3-27-1986 by Ord. No. 925.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 133, Noise,
adopted 4-26-1973 by Ord. No. 686.
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, now therefore, it is the policy of the Township of Saddle Brook
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 Saddle Brook.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
The practical unit of measurement for sound pressure level;
the number of "decibels" of a measured sound is equal to 20 times
the logarithm to 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
or structures.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
or 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.
A 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 Township
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.
The Noise Control Officer designated as the official liaison
with all municipal departments, empowered to grant permits for variances.
An officially designated employee of the municipality, of
a group of municipalities or of the county trained in the measurement
of sound and empowered to issue a summons for violations of this chapter.
Any sound that endangers the safety or health of any person
or that disturbs a reasonable person of normal sensitivities or that
endangers personal or real property.
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 entity.
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 that conforms
to Type 1 or Type 2 standards as specified by ANSI Specification S1.4-1971.
Any day, Monday through Friday, that is not a legal holiday.
A.
The provisions of this chapter shall be enforced by
the Noise Control Officers.
B.
The Noise Control Administrator shall have the power
to:
(1)
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies
to the extent practicable.
(2)
Review the actions of other municipal departments
and advise such departments 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.
C.
The Noise Control Administrator shall consult with
the airport proprietor to recommend changes in airport operations
to minimize any noise which the airport owner may have the authority
to control in its capacity as proprietor. The Noise Control Administrator
shall report on his/her efforts to the governing body.
D.
A person shall be qualified to be a Noise Control
Officer if the person has satisfactorily completed any of the following:
A.
All departments and agencies of the Township of Saddle
Brook shall carry out their programs according to law and shall cooperate
with the Noise Control Administrator 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 Noise Control Administrator prior to the approval
of such projects to ensure that such activities comply with the provisions
of this chapter.
A.
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 Subsection B.
[1]
Editor's Note: Table I is included at the
end of this chapter.
B.
When measuring noise within a dwelling unit of a multi-dwelling-unit
building, all exterior doors and windows shall be closed, and the
measurements shall be taken in the center of the room.
C.
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.
to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and
legal holidays, provided that they produce less than 85 dBAs 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 § 133-7B(6).
(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)
Use of standby generators, no louder than 70 dbas during declared
emergencies only (not for nonpayment of utilities).
[Added by Ord. No. 1543-13]
A.
No person shall cause, suffer, allow or permit any
noise disturbance to be made verbally or mechanically. 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 any loudspeaker, public-address system or similar device
between the hours of 10:00 p.m. and 8:00 a.m. 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 section, 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 6:00 a.m. the following
day when the latter is a weekday and between the hours of 11:00 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 of 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. the following day.
(6)
Construction and demolition. Operating or permitting the operation of any tools or equipment used in 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 for emergency work, by variance issued pursuant to § 133-9 or when the sound level does not exceed any applicable limit specified in Table I.[1]
[1]
Editor's Note: Table I is included at the
end of this chapter.
A.
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 Noise Control Administrator for a variance
from one or more of the provisions of this chapter. Applications 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
Noise Control Administrator 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 Noise Control Administrator may charge the applicant
a fee of $25 to cover expenses resulting from the processing of the
permit of variance application.
E.
The Noise Control Administrator may, at his/her 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 Noise Control Administrator 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 best practical
noise control measures.
H.
The permit of variance may be revoked by the Noise
Control Administrator if the terms of the permit of variance are violated.
I.
A variance may be revoked by the Noise Control Administrator
if there is:
Violation of any provision of this chapter shall
be cause for a summons to be issued by the Noise Control Officer.
A.
Except as provided in Subsection B, in lieu of issuing a summons as provided in § 133-10, the Noise Control Officer 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 Noise Control Officer may prescribe.
B.
An abatement order shall not be issued if any person
willfully or knowingly violates any provision of this chapter or if
the Noise Control Officer has reason to believe that there will not
be compliance with the abatement order.
A.
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 B.
B.
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.
C.
If the violation is of a continuing nature, each day
during which it occurs shall constitute an additional, separate, distinct
offense.
No provisions 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.
|
Table I
Maximum Permissible Sound Levels by Receiving Property
Category
(in dBAs)
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
| ||||||
|
Another Dwelling Within a Multi-Dwelling-Unit
Building
|
Residential
|
Commercial
|
Industrial
| |||
|
Sound Source Property Category
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
All Times
|
All Times
|
|
Any location in a multi-dwelling-unit building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residential
|
55
|
50
|
65
|
75
| ||
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
|
75
| ||
|
Industrial
|
65
|
50
|
65
|
75
| ||
