Borough of Metuchen, NJ Performance Standards for All Uses

[Added 3-17-2003 by Ord. No. 2003-4]

The following standards shall be complied with in order to protect the public health, safety and welfare from nuisances and other such conditions as specified herein:

Electrical and/or electronic devices. All electronic or electrical devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products, as defined in DHEW publication No. (FDA) 75-8003, shall be so limited and controlled that no measurable energy can be recorded at any point beyond the property boundaries. The owner or occupant of the use, structure or property, upon request, shall produce certified data wherein measurements made in accordance with the procedures and standards set forth in the DHEW Publications No. (FA) 75-8003 adequately demonstrate compliance with the minimum standards established by the Act. All other forms of electromagnetic radiation lying between 100 KHz and 18 GHz shall be restricted to the technical limits established in the Federal Communications Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond the operator's dwelling unit in the case of multifamily dwellings, as the result of the operation of such equipment.

Glare. No use shall produce a strong, bright, brilliant or dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection shall not be a nuisance to adjoining properties.

Heat. No use shall produce heat perceptible beyond its lot lines.

Noise. Uses and equipment shall be designed and operated in accordance with those rules and regulations pertaining to noise levels established by the New Jersey State Department of Environmental Protection and Energy.

Odor. Odors shall not be discernible at the lot line of the property from which they emanate or beyond.

Storage and disposal of waste. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substances be deposited which can cause the public sanitary sewer system to fail to meet applicable federal or state efficiency or environmental standards. All materials or waste 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 indoors and enclosed in appropriate containers adequate to eliminate such hazards. All hazardous materials used on the site shall be disposed of in a safe manner consistent with all applicable regulations of the Middlesex County Health Department and the New Jersey Department of Environmental Protection and Energy.

Ventilation. No use shall obstruct the natural ventilation of adjacent uses. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back five feet or more from any lot line that abuts another use and equipped with baffles to deflect the discharged air away from adjacent uses. No exhaust fan or other ventilation device from any food establishment where cooking is performed on-premises shall be permitted to be located within 25 feet of any lot line, and such shall direct all discharged air away from adjacent uses.

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the property boundary.

Hazardous or toxic substances. Any use that utilizes or stores any hazardous or toxic substances on premises shall ensure that hazardous or toxic conditions shall not develop on or off the premises.

Adequacy of parking for customer volume and turnover. No use shall have a parking demand that exceeds the requirements of § 110-154B. Applicants, owners or occupants, upon request, shall produce information and/or data that demonstrates and/or projects customer volume, turnover, and parking usage for any existing or proposed use or documentation of customer volume, turnover and parking usage at similar such facilities. The Borough may rely on such information and/or data in making a determination as to the adequacy of parking required by § 110-54B to meet customer volume, turnover and parking usage.