[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Land Use Board or to its designated representative, that the proposed
use, structure, process or equipment will conform fully to 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 Land Use 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 Land Use Board as proof of compliance with applicable codes
for special exception uses, or for use variances which must meet these
performance standards.
A.
In the event that a determination cannot be made at
the time of application that a proposed use, process or piece of equipment
will meet the standards established in this article, the Land Use
Board may issue a conditional permit. The conditional permit would
be 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 certificate of occupancy is
granted, a final permit shall be applied for and satisfactory evidence
submitted that all standards established by this article have been
met.
A.
Definition of nuisance elements. A "nuisance element"
is any noise, radioactivity, vibration, glare, smoke, odor, air pollution
or dust which exceeds the performance standards established under
this article. In the event that comparable standards are adopted by
the federal or state governments or authorized agencies and these
standards are more stringent, then such more stringent standards shall
apply.
B.
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:
[Amended 5-20-2014 by Ord. No. 1481]
|
Zone
| |||
|---|---|---|---|
|
Nuisance Characteristic
|
R-10, R-22.5, R-7.5, LB, RB
|
RC
|
IM
|
|
Smoke
|
VS
|
VS
|
VS
|
|
Solid particles
|
VS
|
VS
|
VS
|
|
Odors
|
SL
|
PL
|
ZL
|
|
Liquid wastes
|
BW
|
PL
|
PL
|
|
Solid wastes
|
BW
|
SL
|
SL
|
|
Radiation
|
VS
|
VS
|
VS
|
|
Noise
|
PL
|
PL
|
PL
|
|
Vibration
|
BW
|
PL
|
PL
|
|
Glare
|
BW
|
PL
|
PL
|
|
Heat*
|
VS/LW/PL
|
VS/PL
|
VS/PL
|
|
*NOTE: For heat, measurement shall be made at
the vent or smokestack for heated air and at the property line for
heated liquid or solid discharge.
Code:
VS = vent or smokestack; PL = property line;
ZL = zone line; BW = building wall; SL = required setback line.
| |||
C.
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 Borough. 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.
(1)
In any nonresidential zone, no smoke, the shade or
appearance 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, that smoke emitted during the cleaning of a fire
box 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.
C.
Solid particles.
(1)
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(2)
In any remaining zone, the allowable discharge shall
be 75% of the allowable emission permitted by said code.
(3)
No open burning shall be permitted in any zone.
(4)
All incinerators shall be approved by the State Department
of Health.
(5)
No solid fuel shall be used to heat or cool any building
or used in any process.
(6)
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.
A.
Liquid wastes. No liquid waste shall be discharged
into any watercourse in the municipality except as herein provided.
If the applicant proposes to construct facilities for the treatment
of waste, 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 municipal
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, 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.
B.
Solid wastes. Each user shall:
(1)
Assume full responsibility for the adequate and regular
collection and removal of all refuse, except if the municipality assumes
the responsibility.
(2)
Comply with all applicable provisions of the Air Pollution
Control Code.
(3)
Comply with all provisions of N.J.A.C. 7:26, Solid
Waste.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Permit no accumulation on the property of any solid
waste, junk or other objectionable materials.
(5)
Not engage in any sanitary landfill operation on the
property.
All use of materials, equipment or facilities
which are or may be sources of radiation shall comply with all controls,
standards and requirements of the Atomic Energy Act of 1954, as amended,
and any codes, rules or regulations promulgated under such Act, as
well as the Radiation Protection Act, Chapter 116, P.L. 1958, as amended,
whichever shall be more stringent.
A.
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.
B.
Measurements, if required under this section, shall be made at the locations noted in § 290-48B. These measurements shall be made by using equipment meeting the United States Standards Institute standard S 1.4 or the latest revision thereof and S 2.22 of the latest revision. Ambient noise levels shall be measured between the hours of 9:00 p.m. and 11:00 p.m. for periods of at least one hour and on three separate occasions, when the use is not in operation. The permitted noise level of the proposed use, measured at the measuring line, shall not exceed the ambient noise levels. Ambient levels may be increased by three decibels if the noise is continuous and operates only from 6:00 a.m. to 6:00 p.m. Pure tones shall be at least five decibels below the octave band level at the measurement line.
In any zone, no vibrations discernible without
instruments at the measuring point shall be permitted.
A.
"Glare" is the sensation produced by brightnesses
within the visual field that are sufficiently greater than the luminance
to which the eyes are adapted to cause 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 specular reflections of high brightness in polished
or glossy surfaces in the field of view.
B.
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 to 150º and the
maximum intensity of illumination at ground level of 10 footcandles.
For lights mounted on the structure, the upper edge of the apex angle
shall not exceed 75º from the horizontal.
"Heat" is thermal energy of a radiative, 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 watercourse which shall produce a temperature increase
of greater than 3º in that watercourse.
If it appears that any proposed use, structure,
process or resulting product or material may constitute a fire or
explosion hazard, the Land Use Board may require the applicant to
supply proof of:
A.
Approval of the use, structure, process or resulting
product or material from the State Department of Labor and Workforce
Development indicating that adequate safeguards against fire and explosion
have been taken or installed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Approval from the appropriate Borough Fire Company
that the applicant has complied with all applicable fire prevention
regulations.
A.
Buffers. Where buffers are required along any rear
or side lot lines, they shall consist of a minimum of three staggered
rows of evergreens, at least six feet in height when installed and
interspersed with low evergreen-type plants. No parking, driveways
or accessways shall be permitted in the buffer area. Buffer strip
requirements shall be in addition to all rear and side yard requirements.
B.
The Land Use Board may request an opinion from the
Borough Environmental Commission for its recommendations and, where
indicated, require buffers additional to the minimum. To ensure proper
protection for adjacent properties, the Land Use Board shall approve
species of plants and trees, locations and density of planting proposed
in any buffer strip.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
It shall be the responsibility of the owner and/or
occupant to maintain any plantings in buffer strips and replace them
if they are destroyed or die.
D.
The Land Use Board shall specify the date when buffer
plants shall be installed.
No open or outside storage of manufacturing
or other materials, junk, scrap or waste products, of any kind, retail
products or inventory shall be permitted, except that refuse for collection
may be stored in suitable covered containers in rear yards and adjacent
to the principal structure.[1]
