The following performance standards shall apply.
No land or building in any zone shall be used
or occupied in any manner so as to create any dangerous, injurious,
noxious or otherwise objectionable fire, explosive or other hazard;
noise or vibration; smoke, dust, odor or other form of air pollution;
heat, cold, dampness, electromagnetic or other disturbance; glare;
liquid or solid refuse or wastes; or any other substance, condition
or element referred to herein as dangerous or objectionable elements
in such a manner or in such amount as to adversely affect the reasonable
use of the surrounding area or adjoining premises.
[Amended 7-21-1999 by Ord. No. 99-6-1207]
All uses in the R-SC, R-D, DU, P and L, RA, C and P Zones and uses accessory thereto are subject to the procedure specified in § 275-64 of this chapter in obtaining a certificate of occupancy, unless the Building Inspector has reasonable grounds to believe that another proposed use is likely to violate performance standards, in which event the applicant shall comply with performance standards procedure.
Even though compliance with performance standards
procedures in obtaining a certificate of occupancy is not required
for some particular uses, initial and continued compliance with the
performance standards themselves is required of every use, and provisions
for enforcement of continued compliance with performance standards
shall be invoked by the Building Inspector against any use if there
are reasonable grounds to believe that performance standards are being
violated by such use.
Such uses are permitted to continue, subject
to law.
A.Â
Fire and explosion hazards. All activities involving
and all storage of flammable and explosive materials shall be provided
at any point with adequate safety devices against the hazard of fire
and explosion and adequate fire-fighting and fire suppression equipment
and devices standard in the industry. Burning of waste materials in
open fires is prohibited at any point. The relevant provisions of
state and local laws and regulations shall also apply.
B.Â
Radioactivity or electromagnetic disturbance. No activities
shall be permitted which emit dangerous radioactivity at any point
or electromagnetic disturbance adversely affecting the operation at
any point of any equipment other than that of the creator of such
disturbance.
C.Â
Noise.
(1)Â
The maximum sound pressure level radiated by any use
or facility, other than transportation facilities, at the property
line shall not exceed the values in the designated octave bands given
in Table I after applying the corrections shown in Table II. The sound
pressure level shall be measured with a sound level meter and associated
octave band analyzer conforming to latest editions of standards prescribed
by the American Standards Association, as amended. American Standard
Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944,
American Standards Association, Inc., New York, New York and American
Standard Specification for an Octave-Band Filter Set for the Analysis
of Noise and Other Sounds, Z24-10-1953, American Standards Association,
Inc., New York, New York shall be used.
|
Table I
| ||
|---|---|---|
|
Octave Band Range in Cycles per Second
|
Sound Pressure Level in Decibels re 0.002
dync/cm2
| |
|
20 - 300
|
60
| |
|
301 - 2,400
|
40
| |
|
Above 2,400
|
30
| |
|
Table II
[Amended 7-21-1999 by Ord. No. 99-6-1207] | ||
|---|---|---|
|
Type of Location of Operation or Character
of Noise
|
Correction in Decibels
| |
|
Daytime operation only
|
5
| |
|
Noise source operates less than*
| ||
|
  20% of any 1-hour period
|
5
| |
|
  5% of any 1-hour period
|
10
| |
|
Noise of impulsive character, hammering, etc.
|
-5
| |
|
Noise of periodic character, hum, screech, etc.
|
-5
| |
|
Property located in the following zone and not
within 500 feet of any residential district
| ||
|
  Central C Commercial Zone
|
5
| |
|
*NOTE: Apply 1 of these corrections only.
| ||
(2)Â
If the noise is not smooth and continuous and is not
radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more
of the corrections in Table II shall be applied to the decibel levels
given in Table I.
D.Â
Vibration. No vibration shall be permitted which is
discernible without instruments at the property line.
E.Â
Smoke. No emission shall be permitted at any point,
from any chimney or otherwise, of visible grey smoke of a shade equal
to or darker than No. 2 on the Power's MicroRinglemann Chart, published
by McGraw-Hill Publishing Company, Inc., and copyright 1954, being
a direct facsimile reduction of the standard Ringlemann Chart as issued
by the United States Bureau of Mines, except that visible grey smoke
of a shade equal to No. 2 on such chart may be emitted for four minutes
in any 30 minutes. These provisions applicable to visible grey smoke
shall also apply to visible smoke of a different color but with an
apparently equivalent opacity.
F.Â
Odors. No emission shall be permitted of odorous gases
or other odorous matter in such quantities as to be readily detectable
when diluted in the ratio of one volume of odorous air emitted to
four volumes of clean air. Any process which may involve the creation
or emission of any odors shall be provided with a secondary safeguard
system so that control will be maintained if the primary safeguard
system should fail. There is hereby established as a guide in determining
such quantities of offensive odors Table III, Odor Thresholds, in
Chapter 5, Air Pollution Abatement Manual, copyright 1951 by Manufacturing
Chemists' Association, Inc., Washington, D.C., and said manual and/or
table as subsequently amended.
G.Â
Air pollution. No emission shall be permitted which
can cause any damage to health, to animals, vegetation or other forms
of property or which can cause any excessive soiling at any point,
and in no event shall any emission, from any chimney or otherwise,
of any solid or liquid particles in concentrations exceeding 0.3 grains
per cubic foot of the conveying gas at any point be permitted. For
measurement of the amount of particles in gases resulting from combustion,
standard corrections shall be applied to a stack temperature of 500º
F. and 50% excess air.
H.Â
Glare. No direct or sky-reflected glare, whether from
floodlights or from high-temperature processes such as combustion
or welding or otherwise, shall be permitted. This restriction shall
not apply to signs otherwise permitted by the provisions of this chapter.
I.Â
Liquid or solid wastes. No discharge shall be permitted
at any point into any public sewer, private sewage disposal system
or stream or into the ground, except in accord with standards approved
by the State Department of Health or standards equivalent to those
approved by such Department for similar uses, of any materials of
such nature or temperature as can contaminate any water supply or
otherwise cause the emission of dangerous or offensive elements.
J.Â
Pursuant to authority of P.L. 1975, c. 217,[1] the Borough of Cresskill hereby adopts the model code
of the Building Officials and Code Administrators International, Inc.,
known as the "BOCA Basic Building Code/1996," including all subsequent
revisions and amendments thereto. This code is hereby adopted by reference
as the Building Subcode for the Borough of Cresskill.
[Added 12-21-1982 by Ord. No. 82-26-839[2]]
A.Â
Application. An application for a building permit or a certificate of occupancy for a use subject to performance standards procedures shall be submitted to the Building Inspector in duplicate and shall be referred by the Building Inspector to the Planning Board. The applicant shall also submit, in duplicate, a plan of the proposed construction or development, including a description of the proposed machinery, operations and products, and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements referred to in § 275-59 in accordance with rules prescribed by the Board specifying the type of information required in such plans and specifications and an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform with same at all times. No applicant will be required to reveal any secret processes, and any information submitted will be treated as confidential if requested. The fee for such application shall include the cost of the special reports required to process it described below.
B.Â
Report by expert consultants. The Planning Board,
if there is any reasonable doubt as to the likelihood of conformance,
shall refer the application for investigation and report to one or
more expert consultants qualified to advise as to whether a proposed
use will conform to the applicable performance standards specified
herein. Such consultant or consultants shall make such report within
30 days after his or their receipt of such application. A copy of
such report shall be promptly furnished to the applicant.
C.Â
Decision of Planning Board. At the next regular meeting
of the Planning Board, but in no event more than 30 days after the
Board has received the aforesaid report or within such further period
as agreed to by the applicant, the Board shall decide whether the
proposed use will conform to the applicable performance standards
and on such basis shall authorize or refuse to authorize the issuance
of a building permit or certificate of occupancy or require a modification
of the proposed plan of construction. Such decision of the Board shall
be in the form of a written report. Any building permit or certificate
of occupancy so authorized and issued shall be conditioned on, among
other things, the applicant's completed buildings and installations,
in operation, conforming to the applicable performance standards and
the applicant's paying the fees for services of the expert consultant
or consultants deemed reasonable and necessary by the Planning Board
for advice as to whether or not the applicant's completed buildings
and installations will, in operation, conform to the applicable performance
standards.
