[HISTORY: Adopted by the Board of Commissioners of the Town of West New York 5-18-1995 by Ord. No. 21/95. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 108.
Noise — See Ch. 266.
Nuisances — See Ch. 269.
Motor-driven vehicles — See Ch. 387.
Zoning — See Ch. 414.
ATTACHMENTS
Attachment 1 - Ord. No. 21/95 Preamble
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
AMPLITUDE
The maximum displacement of the earth from the normal rest position. Amplitude is usually reported as inches or mils.
ANSI S3.29-1983
The American National Standard Institute Guide to the Evaluation of Human Exposure to Vibration in Buildings.
COMMERCIAL/INDUSTRIAL SOURCES
All uses of property other than a residential use shall be considered a commercial/industrial source, including quasi-commercial uses.
RESIDENTIAL PROPERTY
Property used for human habitation. "Residential property" shall not include properties where the only human habitation is comprised or supervisors, janitors, maintenance personnel, groundkeepers or guards who are residing on a premises for the convenience of the property owner or as a condition of employment.
DISCRETE IMPULSES
A ground-transmitted vibration stemming from a source where specific pulses do not exceed 60 per minute (or one per second).
FREQUENCY
The number of times that a displacement completely repeats itself in one second of time. Frequency may be designated in cycles per second (cps) or hertz (Hz).
GROSS VIBRATION
Vibration of a duration or intensity such that it causes secondary or sympathetic vibrations on an adjoining property. Evidence of such gross vibration shall include the audible or visible results of objects in motion, such as the travel of objects, movement of wall hangings or waves in standing water and/or the clanging of dishes, glasses, bottles or utensils or windows vibrating in their frames.
IMPACT
An earthborne vibration generally produced by two or more objects striking each other so as to cause separate and distinct pulses.
MULTI-USE PROPERTY
Any distinct parcel of land used for commercial/industrial or quasi-commercial on one part and residential on another part. The commercial/industrial or quasi-commercial use shall act as a source, and the residential use shall act as a receptor.
PARTICLE VELOCITY
A characteristic of vibration that depends on both displacement and frequency. If not directly measured, it can be computed by multiplying the frequency by the amplitude times the factor 6.28. The particle velocity will be in inches per second when the frequency is expressed in cycles per second and the amplitude in inches.
QUASI-COMMERCIAL SOURCE
Especially on commercial/residential properties, boilers, utility provisions, water-pressure pumps, incinerators, elevators, laundry rooms, garage door closers, health and recreation facilities and other similar activities.
RESIDENTIAL PROPERTY LINE ON MULTI-USE PROPERTY
The residential building exterior either at the ground or at any residential floor or, if so designed, the exterior line of any balcony or terrace. For intrabuilding use, it shall be the interior of the room affected by the commercial or quasi-commercial activity. Rooms shall not include halls or closets.
SECONDARY OR SYMPATHETIC VIBRATIONS
The setting in motion of common objects on the receptor property by the original source vibration. Such items include, but are not limited to, dishes, glasses, utensils, window frames, wall hangings, television antennas and standing water.
SENSORY LEVEL OF PERCEPTION
The level that differentiates the presence of the vibration phenomenon from the background level. The background level is assumed to be no vibration unless a three-hundred-sixty-degree inspection of the receptor premises and the source premises indicates otherwise.
STEADY STATE VIBRATION
A vibration which is continuous, as from a fan, compressor or motor.
VIBRATION
A reciprocating movement transmitted through the earth, both in horizontal and vertical planes.
VIBRATION PERCEPTION THRESHOLD
The minimum ground- or structure-borne vibration motion necessary to cause a person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
No person shall cause, suffer, allow or permit the operation of any source or sources of vibration on industrial, commercial or quasi-commercial property in such a manner as to create a vibration level that exceeds the particular vibration level restrictions as set forth in Table I, or any standard established by § 398-3C, D, E, F or G, when measured at or within the residential real property line or receiving residential property line on multi-use property.
A. 
Ground-transmitted vibration shall be measured with a seismograph or an instrument or complement of instruments capable of recording vibration displacement and frequency, particle velocity or acceleration simultaneously in three mutually perpendicular directions for all Performance Standard Category 3 investigations.
B. 
Table I designates the maximum permitted vibration levels. Where more than one set of Vibration Performance Standard Categories apply, the most restrictive shall govern. Measurements may be made at points of maximum vibration intensity. If remedial work places the facility in a less restrictive category, upon written notification to the operator, the treatment of violation of the lesser violation will govern the operation of the facility.
C. 
For any residential receptor, the vibration emanating from any commercial or industrial source shall not exceed the category levels established for the time of day as indicated in Table I, Vibration Level Restrictions. Equipment shall be removed from service and returned to service according to the Treatment of Violation column of Table I.
Table I
Vibration Level Restrictions
Commercial, quasi-commercial or industrial source to residential receptor when measured at or within an adjacent residential property line, or receiving residential property line on multi-use property, including within the receptor building. Measurements may be made at points of maximum vibration intensity.
Performance Standard Category
Applicable Hours
Treatment of Violations
1: Gross vibration level
24 hours
Cease use within 24 hours of written notification; return to service after equipment is below sensory level of perception
2: Sensory level of perception
11:00 p.m. to 7:30 a.m. workdays and 24 hours weekends and legal holidays
Cease use 30 days after written notification or written extensions to comply; return to service when it is determined that equipment is below sensory level of perception
3: ANSI S3.29-1983, Weighted According to Section 2(f)
7:30 a.m. to 11:00 p.m. weighted 2.25; 11:00 p.m. to 7:30 a.m. weighted 1.0
Same as Category 2
D. 
In the case of gross vibration, it shall be necessary to establish the presence of secondary or sympathetic vibrations on the receptor property to cite a violation. After the establishment of a violation of the gross vibration level, the operator of the source may be required to produce test results demonstrating compliance with ANSI S3.29-1983, with the weighting levels specified in Section 2(f).
E. 
In the case of sensory level of perception exceedance, it shall be necessary to establish that vibrations exist on the receptor property in excess of the background vibration level of the neighborhood, or of the receptor property with the source off. After the establishment of a violation of the sensory level of perception standard, the operator may be required to produce test results demonstrating compliance with ANSI S3.29-1983, with the weighting levels specified in Section 2(f).
F. 
In the case of ANSI S3.29-1983 level (American National Standard Guide to the Evaluation of Human Exposure to Vibration in Buildings), it shall suffice to show that ANSI S3.29-1983, Figure 4 (Combined-Response Base Curve for Undefined Axis of Human Vibration), with the weighting factors in Table A1 of 1.0 applied to the hours of 11:00 p.m. to 7:30 a.m., and the weighting factor of 2.25 applied to 7:30 a.m. to 11:00 p.m., has been exceeded.
G. 
Saturdays/Sundays and legal holidays shall conform with Performance Standard Category 2 for 24 hours.
H. 
Testing by the facility operator shall be conducted in the presence of the local enforcement official. The equipment being tested must be operated in any modes, speeds, materials and operating conditions determined by the local enforcement official to be sufficient to approximate vibration conditions which the facility is likely to produce.
Any violation of this chapter shall be subject to the penalty set forth in the violations and penalties section of the general provisions of the Code of the Town of West New York.[1] Each day that a violation occurs shall be considered a separate violation for the purposes of the penalty section.
[1]
Editor's Note: See § 1-16, Violations and penalties.