No site plan shall be approved by the Planning/Zoning Board unless the use meets the performance standards herein set forth and such state or federal standards as may be more stringent than those set forth herein. Failure to comply with the performance standards at any time after the issuance of a certificate of occupancy shall be cause for revocation of such certificate. In reviewing any site plan, the Planning/Zoning Board shall consider those elements as specifically noted in §§
90-3.14 through
90-3.22 of this article.
The site design and layout of buildings and
parking areas shall be reviewed so as to provide an aesthetically
pleasing design and efficient arrangement. Particular attention shall
be given to safety and fire protection, impact on surrounding development
and contiguous and adjacent buildings and lands.
Adequate lighting shall be provided to ensure
safe movement of persons and vehicles and for security purposes. Directional
lights shall be arranged so as to minimize glare and reflection on
adjacent properties.
Signs shall be designed so as to be aesthetically
pleasing and harmonious with other signs and buildings on the site.
They shall be located so as to achieve their purpose without constituting
hazards to vehicles and pedestrians or be visually distracting from
the overall site design.
Storm drainage, sanitary waste disposal, water
supply and solid waste collection and disposal shall be reviewed.
Particular emphasis shall be given to the preservation of stream corridors,
establishment of drainage rights-of-way and the adequacy of existing
utility systems, and the need for improvements both on-site and off-tract,
where appropriate, to adequately carry runoff, and to maintain an
adequate supply of water at sufficient pressure.
Environmental elements relating to prevention
of soil erosion, preservation of trees, protection of watercourses
and floodplains, protection of water sources, noise, air quality,
topography, soil and animal life shall be reviewed and the design
of the plan shall minimize any adverse impact on these elements.
A. Environmental impact. No application for development
shall be approved unless it has been affirmatively determined by the
Planning/Zoning Board, after an environmental appraisal, that the
proposed project:
(1)
Will not result in a significant adverse impact
on the environment;
(2)
Has been conceived and designed in such a manner
that it will not significantly impair natural processes; and
(3)
Will not place a disproportionate or excessive
demand upon the total resources available to the project site and
to the impact area.
B. Application of requirement. To facilitate the environmental
appraisal, all preliminary site plan applications involving the construction
of 20,000 square feet of new gross floor area shall be accompanied
by a preliminary environmental impact statement (EIS) . Based on the
findings of the preliminary EIS, detailed statements or clarification
of detail on specific areas of environmental impact may be required.
Applications requiring an EIS may be rejected by the Planning/Zoning
Board for failure to furnish sufficient information to enable the
Board to make an adequate environmental approval. The applicant may
request a preapplication conference with the Environmental Commission
concerning the level of detail and scope of the preliminary EIS for
a particular project.
C. Requirements of preliminary EIS. Applicants shall
supply 10 copies of the following items to comply with the preliminary
EIS requirements:
(1)
Information on the existing condition of the
site (natural features, land use, water quality, etc.), anticipated
changes due to the proposed development, and measures which will be
used to mitigate adverse environmental impacts. The applicant shall
use the most recent data source available.
(2)
Preliminary environmental analysis maps. Maps
shall be produced which show the location of proposed lots and structures
with respect to the natural features of the site shall be at a scale
of one inch equals 800 feet or larger. Preliminary environmental analysis
maps shall be produced using, but not limited to, the following seven
natural resource maps:
(a)
Land suitability for development.
(b)
Environmentally sensitive areas.
(c)
Vegetation and wildlife habitats.
(d)
Suitability for septic tank effluent disposal.
(e)
Depth to seasonally high-water table.
(f)
Aquifer recharge potential.
(3)
Other maps may be required by the Planning/Zoning
Board, depending upon the particular site characteristics.
(4)
Stormwater management plan overview.
(a)
The applicant shall provide a brief overview
narrative describing stormwater management on the site. Topics discussed
shall include but not be limited to existing stormwater runoff volume
and rate and anticipated changes with proposed development at various
level storm events including the ten- and one-hundred-year storms;
existing direction of flow over the site and anticipated changes;
proposed measures to reduce stormwater runoff and maintain water quality
in nearby stream and ponds, and the maintenance plans for proposed
stormwater management facilities.
(b)
To the extent that technical information is
provided as part of a development application, it need not be duplicated
here but may be referenced as part of the preliminary EIS.
D. Requirements of detailed EIS. The preliminary EIS
shall be reviewed by the South Harrison Environmental Commission for
completeness, and the potential environmental impact of the proposed
project shall be assessed according to the standards as set forth
in this section. The Environmental Commission shall recommend action
on the project to the Planning/Zoning Board as to whether the project
meets the standards of this section. If the Environmental Commission
determines that said standards are not met by the preliminary EIS
as submitted the developer shall have the option of submitting more
detailed information or clarifying information with respect to those
areas of the preliminary EIS which the Environmental Commission feels
are deficient and warrant a detailed EIS.
The site plan shall provide for those elements
of street furniture appropriate to the particular use. These may include
phone booths, benches, bike racks, trash receptacles and bus shelters.
In all districts and for all uses requiring
site plan approval, the following provisions as may apply to specific
site plan applications as set forth below shall apply. For any technical
manual cited, the latest edition shall govern for technical review
where applicable.
A. Airborne emissions. No use generating airborne emissions,
activity, operation or device shall be established, modified, constructed
or used without having first obtained valid permits and certificates
from the NJDEP, Bureau of New Source Review, pursuant to N.J.A.C.
7:27-8. Specifically, no use, activity, operation or device shall
be established, modified or constructed without a valid "Permit to
Construct." No use, activity, operation or device shall be operated,
occupied or used without a valid "Certificate to Operate Control Apparatus
or Equipment." In addition to the requirements of NJDEP, the following
shall also apply:
(1)
Steam emissions. No visible emissions of steam,
having an equivalent capacity greater than 60% and excepting direct
results of combustion shall be permitted within 500 feet of a residential
district.
(2)
Toxic matter. Emissions of chemicals, gases,
components or elements, listed as being toxic matter by the American
Conference of Governmental Hygienists, New Jersey Department of Labor
and Industry or the USEPA shall not exceed the threshold level, as
determined in accordance with ASTM D-1391. The emission of concentrations,
levels or mass loadings in excess of the threshold value shall be
permitted only if the emissions of said toxic matter comply with the
applicable regulations of the NJDEP, New Jersey Department of Labor
and Industry and USEPA. Proof of compliance shall require the submission
of duplicate copies of certifications or permits from NJDEP and New
Jersey Department of Labor and Industry approving the concentrations,
level or loading proposed by the applicant.
(3)
Odorous matter. No odor shall be emitted that
is detectable by the human sense at or beyond an adjacent lot line
so as to be detrimental or injurious to the life, health, safety,
comfort, or welfare of adjacent occupants or residents. 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.
B. Noise.
(1)
Standard. Noise shall be measured with a sound
level meter complying with the standards of the American National
Standards Institute, American Standards Specifications for General
Purpose Sound Level Meters (ANSI 5.1.4-1961 or its latest revisions).
The instrument shall be set to the A-weighted response scale and the
meter to the slow response. Measurements shall be conducted in accordance
with American Standard Method for the Physical Measurements of Sound
(ANSI 5.1.2-1961).
(2)
Noise level restrictions.
(a)
Noises shall not exceed the maximum sound levels
specified in the table, except as designated below:
|
Noise Level Restrictions
|
---|
|
Performance Category
|
Maximum Level Permitted
|
Where Measured
|
---|
|
Residence districts
|
55 dBA
|
On or beyond the neighboring use or lot line
|
|
All other districts
|
65 dBA
|
On or beyond the lot line or district boundaries
|
(b)
In any residence district, the A-weighted sound
levels shall not exceed 50 dBA between the hours of 9:00 p.m. to 7:00
a.m. Whenever a residence district abuts any other district, the most
restricted of the limitations shall apply.
(3)
Exclusions and permitted variations.
(a)
The levels specified in the table may be exceeded
once by 10 dB in a single period of 15 minutes, during any one day.
(b)
Peak values of short duration also known as
impact noises may exceed the value specified in the table by 20 dB
or have a maximum noise level of 80 dBA, whichever is more restrictive.
(c)
Noises such as alarms, sirens, emergency warning
devices, motor vehicles and other sources not under the direct control
of a use or agricultural equipment are excluded from the above limitations.
C. Vibration.
(1)
Standard. Ground-transmitted vibrations shall
be measured with a seismograph or complement of instruments capable
of recording vibration displacement and frequency in the three mutually
perpendicular directions, simultaneously.
(2)
Vibration level restrictions. Vibration levels
shall not exceed a particle velocity of 0.5 inches per second in any
district. During the hours of 9:00 p.m. to 7:00 a.m. in residence
districts, vibration levels shall not exceed a particle velocity of
0.2 inches per second. Measurements shall be made at the points of
maximum vibration intensity and on or beyond adjacent lot lines or
neighboring uses, whichever is more restrictive.
D. Heat and glare.
(1)
Heat. Sources of heat, including but not limited
to, steam, gases, vapors, products of combustion or chemical reaction
shall not discharge onto or directly contact structures, plant life
or animal life on neighboring uses or impair the function or operation
of a neighboring use. No use, occupation, activity, operation or device
shall cause an increase in ambient temperature, as measured on the
boundary between neighboring uses.
(2)
Glare. No use, operation or activity shall produce
an illumination in excess of 1.0 footcandles in a residence district.
In all other districts, light intensities of all illumination sources
shall be kept as low as possible and shall not interfere, annoy, cause
deformity, or cause loss in visual performance to persons and animals
of neighboring uses.
E. Radioactivity. No use, activity, operation or device
concerned with the utilization or storage of radioactive materials
shall be established, modified, constructed or used without having
first obtained valid permits and certificates from the Office of Radiation
Protection, NJDEP.
F. Storage and waste disposal.
(1)
In all districts, any operation, use or any
activity involving the manufacture, utilization, or storage of flammable,
combustible and/or explosive materials shall be conducted in accordance
with the regulations promulgated by the New Jersey Department of Labor
and Industry, or the Fire Prevention Code of the Township, whichever is more restrictive.
(2)
All flammable, explosive and/or combustible
material shall be stored in accordance with the Fire Prevention Code
of the Township or the New Jersey Department of Labor and Industry
codes, whichever is more restrictive.
(3)
All outdoor storage facilities for fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence and suitable landscaping to screen such areas from public view and shall conform to all yard requirements imposed by Part
5, Zoning, of this chapter upon the principal buildings in the district.
(4)
No materials, wastes or other substance shall
be stored or maintained upon a lot in such a manner that natural runoff
from such areas on a site with an approved stormwater drainage plan
can impair the existing water quality of a stream, watercourse or
aquifer more than the primary use intended for the lot.
(5)
All materials or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible or
otherwise attractive to rodents or insects shall be stored outdoors
only if, enclosed in containers which are adequate to eliminate such
hazards.