A.
As a condition of approval and the continuance of any use, occupancy
of any structure, and operation of any process or equipment, the applicant
shall supply evidence, satisfactory to the Planning Board or to its
designated representative, that the proposed use, structure, process,
or equipment will conform fully with all of the applicable performance
standards. As evidence of compliance, the Board may require certification
of tests by appropriate government agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant. The
Board may require that specific types of equipment, machinery or devices
be installed, or that specific operating procedures or methods be
followed if the government agencies or testing laboratories examining
the proposed operation shall determine that the use of such specific
types of machinery, equipment, devices, procedures or methods are
required in order to assure compliance with the applicable performance
standards. Permits and certificates required by other government agencies
shall be submitted to the Planning Board as proof of compliance with
applicable codes.
B.
The requirements contained in this article shall not apply to residences,
except as otherwise specified herein with respect to prohibitions
applicable in all zones.
A.
In the event determination cannot be made at the time of application
that a proposed use, process or piece of equipment will meet the performance
standards established in this subsection, the Board may issue a permit
subject to conditions based on submission of evidence that the proposed
use, process or equipment will meet the standards established herein
after completion or installation and operation.
B.
Within 30 days after a conditional certificate of occupancy is granted,
or upon a mutually agreed upon extension, a final permit shall be
applied for and satisfactory evidence submitted that all standards
established by this subsection have been met.
A "nuisance element" is any noise, radioactivity, vibration,
glare, smoke, odor, air pollution and dust, which exceeds the performance
standards established under this section.
A.
Locations where determinations are to be made for enforcement of
performance standards. The determination of the existence of nuisance
elements shall be made at the following locations:
Nuisance Characteristic
|
All Zones
| |
---|---|---|
Smoke
|
Vent or smokestack
| |
Solid particles
|
Vent, smokestack or building wall
| |
Odors
|
Required setback lines
| |
Liquid wastes
|
Outlet
| |
Solid wastes
|
Building wall
| |
Radiation
|
Vent, smokestack or building wall
| |
Noise
|
Required setback lines
| |
Vibration
|
Building wall
| |
Glare
|
Required setback lines
| |
Heat
|
Vent or smokestack for heated air and at the outlet for heat,
liquid or solid discharge
|
B.
Continued compliance. Continued compliance with the performance standards
stated herein shall be a requirement for the continued occupancy of
any structure or the operation of any process or equipment.
A.
General. No substance shall be emitted into the atmosphere in quantities
which are injurious to human, plant or animal life or to property,
or which will interfere unreasonably with the comfortable enjoyment
of life and property anywhere in the Township. All provisions of the
New Jersey Air Pollution Control Code, as amended and as augmented
by regulations hereinafter designated as the "code," and all the following
provisions stated, whichever shall be the more stringent, shall be
complied with.
B.
Smoke. In any zone, no smoke, the shade of which is darker than No.
1 of the Ringelmann Smoke Chart, shall be emitted into the open air
from any fuel-burning equipment; provided, however, the smoke emitted
during the cleaning of a firebox or the building of a new fire, the
shade or appearance of which is not darker than No. 2 of the Ringelmann
Smoke Chart, may be permitted for a period or periods aggregating
no more than three minutes in any 15 consecutive minutes. In any SF
Zone, no visible smoke shall be emitted into the open air.
C.
Solid particles.
(1)
In any zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 75% of allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(2)
No open burning shall be permitted in any zone.
(3)
All incinerators shall be approved by the State Department of
Health.
(4)
Any road, parking area, driveway, truck loading or unloading
station, or any other exterior area having a substantial movement
of vehicles or equipment shall be paved or otherwise stabilized during
construction sufficient to prevent the generation of dust from the
movement of such vehicles or equipment.
D.
Odors. In any zone, no odorous material may be emitted into the atmosphere
in quantities sufficient to be detected without instruments.
E.
Liquid wastes. No liquid waste shall be discharged into any watercourse
in the Township except as herein provided. If the applicant proposes
to construct facilities for the treatment of wastes, he shall supply:
(1)
A statement by the New Jersey Department of Health that such
proposed facilities are in compliance with applicable state laws and
regulations.
(2)
Approval by the appropriate officials of the installation of
such facilities. No liquid waste shall be discharged into the public
sewage collection and disposal system unless the appropriate Township
or authority officials shall have first investigated the character
and volume of such waste and shall have certified that it will accept
the discharge of such waste material into the system. The applicant
shall comply with any requirements of said officials, including the
pretreating of such wastes, the installation of processing methods,
separation or screening of wastes, control of pH, and other methods
of improving such wastes prior to discharge, as a condition of approval
of such facilities.
F.
Solid wastes. Each use shall:
(1)
Assume full responsibility for adequate and regular collection,
storage and removal of all refuse, except if the Township assumes
the responsibility.
(2)
Comply with all applicable provisions of the Air Pollution Control
Code.
(3)
Comply with all provisions of the State Sanitary Code, Chapter
8, "Refuse Disposal," Public Health Council of the State Department
of Health.
(4)
Permit no accumulation on the property of any solid waste, junk,
or other materials. Materials for use by a tenant or property owner
may be neatly stored on the property, provided that no odors are generated
and such storage does not attract rodents or constitute a nuisance.
(5)
Shall not engage in any sanitary landfill operation on the property
except as may be permitted by other Township codes and ordinances.
G.
Radiation. The use or presence of ionizing radiation and particle
radiation, including alpha, beta, gamma, high-energy electrons, neutrons,
protons and other atomic or nuclear particles, is prohibited. Nothing
in this section shall prohibit the use of x-rays for diagnostic purposes
on human beings or animals, or analytical x-ray equipment uses to
determine the electron microscopic structure for quality control or
composition of material in the manufacturing process.
H.
Noise.
(1)
The purpose of this section is to ensure that the environmental
character of the area surrounding the proposed use, with respect to
noise, shall not be altered. The standards established herein shall
be interpreted in any specific case with this objective in mind.
(2)
Measurements required under this section shall be made at the
locations hereinafter. Measurements shall be made by a competent acoustical
engineer using equipment meeting the United States of America Standards
Institute Standard S 1.4-1961, or the latest revision thereof, and
S 2.22, or the latest revision.
(3)
The sound-pressure level of any operation shall not exceed the
described levels in the designated octave bands shown below for the
districts indicated:
Sound Levels
| |||
---|---|---|---|
Along Agricultural or Residential District Boundaries
|
At Any Other Point on the Lot Boundary
| ||
Octave Band in Cycles Per Second
|
Maximum Permitted Sound Level in Decibels
|
Maximum Permitted Sound Level in Decibels
| |
0 to 75
|
72
|
79
| |
75 to 150
|
67
|
74
| |
150 to 300
|
59
|
66
| |
300 to 600
|
52
|
59
| |
600 to 1,200
|
46
|
53
| |
1,200 to 2,400
|
40
|
47
| |
2,400 to 4,800
|
34
|
41
| |
Above 4,800
|
32
|
39
|
I.
Vibration. In any zone, no vibrations discernible without instruments
at the measuring point shall be permitted.
J.
Glare.
(1)
"Glare" is the sensation produced by brightness within the visual
field that is sufficiently greater than the luminance to which the
eyes are adapted and which causes annoyance, discomfort or loss in
visual performance and visibility. "Direct glare" is glare resulting
from insufficiently shielded light sources in the field of view. Reflected
glare results from speckling reflections of high brightness in polished
or glossy surfaces in the field of view.
(2)
No direct glare shall be permitted except as may be caused by
lights placed on standards not exceeding the maximum height of structures
allowed in the zone and shielded so as to restrict the maximum apex
angle of the cone of illumination at ground level of 10 footcandles.
(3)
Total direct and indirect glare, measured at the buffer area
line, shall not exceed one footcandle, except for lights used to illuminate
entrances and exits of roadways and driveways, and shall not intrude
onto neighboring properties.
K.
Heat. Heat is thermal energy of a radiating, conductive or convective
nature. In any zone, any use or process shall not produce a temperature
rise discernible at the measuring point or discharge water into any
natural watercourse which shall produce a temperature increase of
greater than 3° in the watercourse within 10 feet of the discharge
point.
L.
Fire and explosion hazards.
(1)
If it appears that any proposed use structure, process or resulting
product or material may constitute a fire or explosion hazard, the
Planning Board may require the applicant to supply proof of the following:
(a)
Approval of the use, structure, process or resulting product
or material from the State Department of Labor and Industry indicating
that adequate safeguards against fire and explosion have been taken
or installed.
(b)
Report from the appropriate Fire Subcode Official or County
Marshal that the applicant has complied with all applicable Township
fire prevention regulations.
(2)
No building shall be sited or constructed and no building or
structure shall be expanded or enlarged if the effect of such construction,
expansion or enlargement would be to cast a shadow upon the south
wall of an existing building or a proposed building for which a building
permit has been issued for more than 25% of the time between 8:45
a.m. and 3:15 p.m., local time, on December 21. Where solar access
protection to the south wall precludes full solar access, requirements
of this section shall only apply to that portion of the south wall
located 10 feet above the natural grade of the building. The provisions
of this section shall not apply to existing buildings that are shaded
for greater than 25% of the time between 8:45 a.m. and 3:15 p.m. on
December 21 and shall not limit the construction of attached single-family
dwelling units.