(a) The
following words and terms, when used in this section, shall have the following
meanings unless the context clearly indicates otherwise:
"dBA" means a unit for describing sound levels measured
using an A-weighting network. This network modifies the measured sound pressure
level at the various frequencies to account for differences in the sensitivity
of the human ear to sounds of different frequency.
"Decibel," abbreviated "dB," means a unit that describes
the sound pressure level or intensity of sound. The sound pressure level in
decibels is 20 times the logarithm to the base 10, of the ratio of the pressure
of the sound to a reference pressure of 0.0002 microbar.
"Impact noise" means a relatively short duration noise
generally produced by the striking of two or more objects so as to be heard as
a separate distinct noise.
"Impact noise analyzer" means an instrument that measures
the peak sound pressure of an impact noise and meets the standards of the
American National Standards Institute (ANSI) or the International
Electrotechnical Commission (IEC).
"Noise" means a subjective description of an undesirable or
unwanted sound.
"Sound" means rapid fluctuations of atmospheric pressure
that are audible to persons.
"Sound level meter" means an instrument used to measure the
overall sound pressure level.
(b) Noise shall be measured with a sound
level meter meeting the standards of the ANSI specification S1.4-1971 for sound
level meters or its successor.
(c)
The instrument shall be set to the A-weighted response scale and the meter of
the slow response. Measurements shall be conducted in accordance with ANSI
specification S12.50-2002, which describes various methods for determining the
sound power levels for machinery and equipment. These standards are
incorporated herein by reference, as amended and supplemented, and can be
obtained from the American National Standards Institute, 25 West 43rd Street,
4th Floor, New York, NY 10036.
(d)
Impact noises shall be measured with an impact noise analysis meeting the
standards of the ANSI standards S12.50-2002. These standards are incorporated
herein by reference, as amended and supplemented.
(e) Noises shall not exceed the maximum sound
levels specified in Table 7-1 below, except as otherwise designated. Where more
than one specified sound level applies, the most restrictive shall govern.
Measurements may be made at points of maximum noise intensity.
| TABLE 7-1 |
| Noise Level Restrictions |
| Performance |
Maximum |
| Standard |
Permitted |
| Category |
Sound
Level |
Where Measured |
| A |
65 dBA |
On or beyond the subject |
| property boundary line |
| B |
70 dBA |
On or beyond the subject |
| property boundary line |
| C |
76 dBA |
On or beyond the zone |
| boundaries |
(f) In any
residential area or zone, the A-weighted sound level shall not exceed 55 dBA
during the hours of 7:00 A.M. to 9:00 P.M. and shall not exceed 45 dBA during
the hours of 9:00 P.M. to 7:00 A.M.
(g) The levels specified in Table 7-1 may be
exceeded by 10 dBA for a single period not to exceed 15 minutes in any one
day.
(h) For impact noise levels,
the values in Table 7-1, increased by 20 dB, shall apply. For purposes of these
regulations, impact noises shall be considered to be those noises whose peak
values are more than six dB higher than the values indicated on the sound level
meter.
(i) Construction or other
temporary (60 days or less) uses which exceed the above limitation may be
permitted if a noise mitigation plan is approved by the NJMC.
(j) The provisions of this section shall not
apply to:
1. Bells, chimes, or carillons used
in conjunction with houses of worship;
2. Emergency public warning
systems;
3. Emergency energy
release devices;
4. Emergency work
to provide electricity, water, or other public utilities when public health or
safety is involved;
5. Noise of
aircraft flight operations;
6.
Public roadways;
7. Surface
carriers engaged in commerce by railroad;
8. The unamplified human voice; and
9. Use of explosive devices, as regulated by
other agencies having jurisdiction.
(k) Except as provided in (i) above, sound
under the direct and indirect control of a use or property owner is subject to
the standards set forth in this subchapter.