[HISTORY: Adopted by the of the Township
Council of the Township of Bridgewater 7-19-2004 by Ord. No. 04-25.
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 an 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 he 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.
An employee 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 employee has 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.
Any sound that can be detected by a person using his or her
unaided hearing facilities. As an example, if the sound source under
investigation is a portable or personal vehicular sound-amplification
or reproduction device, the detection of the rhythmic bass component
of the music is sufficient to verify plainly audible sound. The noise
control officer need not determine the title, specific words or the
artist performing the song.
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 easement 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 multidwelling unit building; or
On a multi-use property, the interface between
the two portions of the property on which different categories of
activity are being performed (e.g., if the multi-use 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.
A.Â
This chapter applies to sound from the following property
categories:
C.Â
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.Â
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 of an environment free from excessive
sound; now, therefore, it is the policy of the Township of Bridgewater
to prevent excessive sound that may jeopardize the health, welfare
or safety of the citizens or degrade the quality of life.
B.Â
This chapter shall apply to the control of sound originating
from sources within the Township of Bridgewater.
A.Â
The provisions of this chapter shall he 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 course 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 course or recertification course which is
offered by an accredited university and approved by the Department.
B.Â
Sound measurements made by a noise control officer shall conform to the procedures set forth in N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in § 142-5B and C of this regulation and with the definition of "real property line" as contained herein.
C.Â
Noise control officers shall have the power to:
(1)Â
Coordinate the noise control activities of all departments
in the Township of Bridgewater and cooperate with all other public
bodies and agencies to the extent practicable;
(2)Â
Review the actions of the Township of Bridgewater
and advise of the effect, if any, of such actions on noise control;
(3)Â
Review public and private projects, subject to mandatory
review or approval by other departments or boards, for compliance
with this chapter;
(4)Â
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, when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with § 142-7 below; and
(5)Â
Cooperate with noise control officers of adjacent
municipalities in enforcing one another's municipal noise ordinances.
A.Â
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in § 142-2A 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: Table I and II are included
at the end of this chapter.
B.Â
When measuring total sound or residual sound within
a multi-use 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. 7:29-9(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.Â
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 multi-use property (e.g., sound generated within
a commercial unit of a multi-use property building and received within
a residential unit of the same building) or multidwelling 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 multidwelling unit building. The allowable sound
level standards for indoors are as shown in Tables I and II.
D.Â
Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound which occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour shall be measured as impulsive sound
and shall meet the requirements as shown in Table I.
A.Â
Violation of any provision of this chapter shall be
cause for an enforcement document to be issued to the violator by
the noise control officer according to procedures set forth at N.J.A.C.
7:29-1.6. The recipient of such an enforcement document shall be entitled
to a hearing in Municipal Court having jurisdiction to contest such
action.
B.Â
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
violation.
C.Â
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.