14B — June 28 - July 11, 2013 — Owners, Developers & Managers — Mid Atlantic Real Estate Journal
www.marejournal.com
S AFETY AND S ECURITY
he Noise Control Act of 1971 (the “Act”) was introduced by the By Christopher Hartwyk and Charles J. Messina, Genova Burns Giantomasi Webster Hoboken’s noise control ordinance attacks developers performing weekend work T and its associated harmful effects. In support of this effort, the nance” as a standard for mu- nicipalities seeking to adopt or amend their current noise control ordinances. levels during certain times and circumstances. tion activity on weekends, without relating such prohi- bition to noise.
Legislature in an effort t o r e g u - late noise, w i t h t h e purpose of promoting the public health, wel- fare, safety, and qual- ity of life
Legislature empowered t h e N e w Jersey De- p a r t me n t o f E n v i - ronmental Protection (“NJDEP”) wi t h p r o - mulgating regulations
In February 2011, the City of Hoboken amended Chap- ter 133 of its municipal code in response to the NJDEP’s regulations and June 2010 Model Ordinance. Hoboken’s newly adopted noise control ordinance (“Ordinance”) ex- tends well beyond the scope of the Act and is inconsistent with the Statewide scheme of noise control. In particular, Hoboken’s Ordinance bans all construction and demoli-
Hoboken’s Ordinance flies in the face of the Model Ordinance, which expressly permits construction and demolition activity to be performed on weekends, subject to certain time and decibel limitations. In fact, every other municipal noise control ordinance approved by the NJDEP provides such limitations, consistent with the Model Ordinance. By banning all construction and demolition activity on week- ends, including all interior construction such as paint- ing, lighting, carpeting and wiring, Hoboken’s Ordinance extends far beyond the scope of the Act and the intent of the New Jersey Legislature. Hoboken’s outward ban on construction and demolition activity has become a signifi- cant issue faced by develop- ers in Hoboken, threatening property and community development in the city. If permitted to continue with- out opposition, other New Jersey municipalities may look to adopt similar restric- tions in their noise control ordinances. Essential to the growth and progress of New Jersey’s municipalities and communi- ties is economic and property development, and implicit with that development is the ability to construct and per- form work on weekends. Hoboken’s Ordinance is the first of what may become many instances of munici- palities hindering property development through pas- sage of noise ordinances that include prohibitions on construction and demolition work by property develop- ers, rather than restrictions subject to noise levels as intended by the Act and pro- vided in the NJDEP’s Model Ordinance. Christopher Hartwyk is a firm partner at Genova Burns Giantomasi Web- ster. Charles J. Messinais an associate at Genova Burns Giantomasi Web- ster . ■
The Act, however, limits the scope of municipal noise control ordinances in that they must be, among other things, approved by the NJDEP and “establish specific standards for the level and duration of community noise.” To this end, the NJDEP’s Model Ordinance sets forth maximum permissible sound
Christopher Hartwyk Charles Messina
of citizens by protecting the public from excessive sound
governing the Act, in addition to providing a “Model Ordi-
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