N.J. Admin. Code § 19:4-7.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:4-7.3 - Performance standards; noise

(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.

N.J. Admin. Code § 19:4-7.3

Amended by R.2009 d.40, effective 1/20/2009.
See: 40 N.J.R. 4696(a), 41 N.J.R. 624(b).
In (c), substituted "ANSI" for "the American National Standards Institute (ANSI)".