Land Development Code
Article IV - Supplementary Zoning Regulations
Sec. 15-49.12. - Noise.
The approving authority shall consider the standards listed below in reviewing applications for development.
Uses and equipment shall be designed and operated in accordance with those rules and regulations pertaining to noise levels established by the New Jersey Department of Environmental Protection and Energy as they are adopted and regulated and by the following standards. If NJDEPE standards vary from the following, the more stringent standards shall apply.
A. Maximum permissible sound levels.
1. 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 below when measured at or within the real property line of the receiving property except as provided in Section 15-49.12(2) below.
TABLE 1. MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING PROPERTY CATEGORY, dBA
|Receiving Property Category|
|Times||10pm-7am||7am-10pm||10pm-7am||All Times||All Times|
within a multi-dwelling
spaces or rights of way
2. 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.
3. The following are exempt from the sound level limits.
a) Noise from domestic power tools, lawn mowers, and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they produce less than 85 dBA at or within any real property line of a residential property;
b) Sound from church bells and church chimes when a part of a religious observance or service;
c) Noise from construction activity provided such construction activity is for emergency work or repairs only.
d) Noise from snowblowers, snow throwers and snow plows when operated with a muffler for the purpose of snow removal;
e) Noise from stationary emergency signaling devices that conforms with the provisions of N.J.A.C. 7:29;
f) Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within fifteen (15) minutes after it has been activated.
4. The sound pressure level shall be measured with sound level meters (ANSI-S1.4) and/or analyzers conforming to “American Standard Specifications for General-Purpose Sound Level Meters,” S1.4-1961, or latest revision, “American Standard Specification for Octave, Half-Octave, and Third-Octave Band Filter Sets,” S1.11-1966, or latest revision, published by the American National Standards Institute, New York, N.Y.
B. Prohibited acts.
1. No person shall cause, suffer, allow or permit to be made verbally or mechanically any noise disturbance. 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.
2. No person shall cause, suffer, allow or permit the following acts:
a) 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;
b) 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. on the following day, such that the sound therefrom creates a noise disturbance across a residential real property line;
c) 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 ten (10) minutes or intermittently for thirty (30) minutes unless provoked);
d) 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 7:00 a.m. the following day when the latter is a weekday and between the hours of 10:00 p.m. and 7:00 a.m. the following day when the latter is a legal holiday or weekend day except by permit, when the sound therefrom creates a noise disturbance across a residential real property line;
e) Standing motor vehicles. Operating or permitting the operation of any motor vehicle whose manufacturers 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 (5) 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. of the following day;
f) Construction and demolition. Operating or permitting the operation of any tools or equipment used in heavy construction, drilling, earthmoving, excavating, site clearing, blasting, tree removal or demolition work between the hours of 6:00 p.m. and 7:00 a.m. on weekdays or at any time on weekends or legal holidays. However, residents are permitted to operate light equipment powered by an engine of thirty (30) horsepower or less and having a bucket size of one-third (1/3) cubic yard capacity or less, for the purpose of earthmoving, excavating, site-clearing, tree removal, construction or demolition work on their own dwelling or property between the hours of 10:00 a.m. and 5:00 p.m. on weekends.
C. Exceptions. The provisions of this Section shall not apply to:
1. The emission of sound for the purpose of alerting persons to the existence of an emergency except as provided in Section 15-49.12(A)(3)e or f;
2. The emission of sound in the performance of emergency work; or
3. The emission of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Act;
4. Noise from Township sponsored or approved celebrations or events.
D. [Enforcement.] The Police Department of the Township of Randolph shall be authorized to enforce the provisions of this section.
(Ord. No. 1-94, § 25, 2-15-94; Ord. No. 43-94, § 1, 12-13-94; Ord. No. 17-95, § 1, 2, 6-13-95; Ord. No. 6-04, § 1, 4-1-2004)