The regulations contained in this article shall apply only on the B, LB, PO/R and RC Zones and do not apply to single-family and two-family dwellings. Otherwise, no use shall be permitted, established, maintained or conducted in the Township except in compliance with the standards set forth in this article and Article
51. In addition, all the design standards and requirements of Part
2, Site Plan Review, shall apply.
Animal hospitals and kennels, where permitted,
shall be located in buildings no closer than 200 feet to any side
or rear lot boundary line and 100 feet from any front yard lot line.
Such facilities shall be maintained in an enclosed structure, shall
be of soundproof construction and so operated as to produce no discernible
odors at the lot boundary line. Open kennels, exercise pens or runways
shall not be located closer than 400 feet to any side or rear lot
boundary line or 200 feet from the front yard lot line and shall not
be used between the hours of 8:00 p.m. and the following 8:00 a.m.
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 certify that such machinery, equipment,
devices, procedures or methods comply 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.
A. Conditional permit.
(1)
In the event that a determination cannot be
made at the time of application that a proposed use, process or unit
of equipment will meet the standards established in this section,
the Planning Board may recommend issuance of a temporary certificate
of occupancy. The temporary certificate of occupancy shall 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.
(2)
Within 60 days after a temporary certificate
of occupancy is granted, a final certificate of occupancy shall be
applied and for satisfactory evidence submitted that all standards
established by this section have been met.
(3)
In no event shall a temporary certificate of
occupancy remain in effect for more than six months.
B. Regulation of nuisance elements.
(1)
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 section.
(2)
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:
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Nuisance Characteristic
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All Uses
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Smoke
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Vent or smokestack
|
|
Particles and fly ash
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Vent or smokestack
|
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Odors
|
Property line
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Liquid wastes
|
Property line
|
|
Solid wastes
|
Required setback lines
|
|
Radiation
|
Vent or smokestack
|
|
Noise
|
Property line
|
|
Vibration
|
Property line
|
|
Glare
|
Property line
|
|
Heat
|
|
|
|
Heated air
|
Vent or smokestack
|
|
|
Heated liquid or solid discharge
|
Property line
|
(3)
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.
C. Air pollution standards.
(1)
General. No substance shall be emitted into
the atmosphere in quantities which are injurious to human, plant or
animal life, 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,
or the regulations contained in this section, whichever shall be the
more stringent, shall be complied with.
(2)
Smoke. 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 clearing
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 aggregating no more than three minutes in
any 15 consecutive minutes.
(3)
Solid particles and fly ash.
(a)
In any 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
4 and 6 of the New Jersey Air Pollution Control Code.
(b)
During construction, 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 sufficiently to prevent the generation
of dust from the movement of such vehicles or equipment.
(4)
Odors. In no zone may odorous material be emitted
into the atmosphere in quantities sufficient to be detected without
instruments.
D. Waste standards.
(1)
Liquid waste. No liquid waste shall be stored
on any property or discharged into any watercourse in the Township
except in accordance with all state and federal regulations. If the
applicant proposes to construct facilities for the storage or treatment
of waste, he/she or she shall supply:
(a)
A statement by the New Jersey Department of
Environmental Protection that such proposed facilities are in compliance
with applicable state laws and regulations.
(b)
Approval by the appropriate officials in charge
of the installation of such facilities. No liquid waste shall be discharged
into any 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 such officials,
including the pretreating of such wastes, the installation of processing
methods, separation or screening of wastes, control of degree of alkalinity
or acidity and other methods of improving such wastes prior to discharge,
as a condition of approval of such facilities.
(2)
Solid waste. Each proposed use shall:
(a)
Assume full responsibility for adequate and
regular collection and removal of all refuse, except where the Township
assumes such responsibility.
(b)
Comply with all applicable provisions of the
New Jersey Department of Environmental Protection.
(c)
Comply with all provisions of the State Sanitary
Code, Chapter VIII, "Refuse Disposal," Public Health Council of the
State Department of Environmental Protection.
(d)
Permit no accumulation on the property of any
solid waste, junk or similar materials.
(e)
Not engage in any sanitary landfill operation
on the property, except as may be permitted by other Township codes
and ordinances.
E. Radiation standards. 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, N.J.S.A.
26:2D-1 et seq., whichever shall be more stringent.
F. Noise standards.
(1)
Objective. The purpose of this subsection 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)
Measurement. Measurements, if required under this subsection, shall be made at the location noted in Subsection
B(2) of this section. Measurements, where required, shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute standard S1.4-1961 thereof and S2.22, or the latest revision thereof. All measurements shall be made in at least eight frequency bands.
(3)
Hours. Ambient noise levels shall be/she determined
between the hours of 8:00 a.m. and 11:00 p.m. for periods of at least
one hour on three separate occasions.
(4)
Permitted level. The permitted noise level of
the proposed use, measured at the measuring line, shall not exceed
the ambient noise levels in each frequency band.
(5)
Additional standards. In addition, noise control
shall be subject to standards established by the New Jersey Department
of Environmental Protection. Where standards are established and are
more restrictive than contained in this subsection, the more restrictive
standards shall be applicable.
G. Vibration standards. In no zone shall any vibration,
discernible without instruments at the measuring point, be permitted.
H. Heat standards. Heat is thermal energy of a radiative,
conductive or convective nature. In no zone shall any use or process
produce a temperature rise discernible at the measuring point, or
discharge water into any watercourse which shall produce a temperature
increase of greater than three degrees in that watercourse measured
at a point 10 feet from the point of discharge.
I. Fire and explosion hazards standards. 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:
(1)
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.
(2)
Compliance with all applicable fire prevention
regulations.
Utility lines at any new construction shall
be located underground.
An adequate water supply must be available without
adversely affecting others drawing water from the same source.
Sewerage shall be provided which will dispose
of sewage without adversely affecting the sources of water for others.
Stormwater runoff shall be so controlled that
erosion is neither caused nor worsened and that the potential of downstream
flooding is not increased.