All nonresidential uses shall be subject to the following standards.
A. 
Prior to commencement of construction and/or operation. Any application for a building permit or a certificate of occupancy for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of subject property that said use shall be operated in accordance with the performance standards set forth herein. The applicant shall submit a certification from the appropriate professionally qualified person or firm that the proposed use will comply with the following standards.
B. 
Continued compliance. Continued compliance with performance standards shall be required, and enforcement of continued compliance with these performance standards shall be enforced by the Construction Official, Borough Engineer, Health Officer and Fire Prevention Bureau.
The locations where determinations are to be made for measurement of performance standards shall be as follows:
A. 
For vibration, glare, air pollution, odor, dust, water pollution or noise: at property lines of the use creating such element.
B. 
For smoke: at the point of emission.
A. 
Dissemination of smoke, dust, fumes, and other noxious gases shall be required to be within the limits of the industrial tolerance standards of the State Department of Health and Senior Services, the Bureau of Adult and Industrial Health, and within the provisions of the Air Pollution Control Act of the state, as set forth in N.J.S.A. 26:2C-1 to 26:2C-23, inclusive, and the following provisions, whichever is more restrictive.
B. 
Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in § 195-150 above.
C. 
Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in § 195-150 above.
D. 
Smoke.
(1) 
The emission standard of this chapter or as promulgated by the New Jersey Department of Environmental Protection, whichever is more restrictive, shall apply.
(2) 
No emission shall be permitted, from any chimney or otherwise, of visible gray smoke at a shade equal to or darker than No. 1 on the Power's Micro-Ringelmann Chart, published by McGraw Hill Publishing Company, Inc., copyright 1954, being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines.
(3) 
The provisions of this subsection shall not apply to:
(a) 
Visible gray smoke of a shade not darker than No. 2 of said chart, which may be emitted for not more than four minutes in any thirty-minute period.
(b) 
Smoke resulting from any fire ignited solely for the purpose of training or research in fire prevention or protection.
(c) 
Household fireplaces.
E. 
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive, as measured as set forth in § 195-150 above.
F. 
Fly ash and dust. No emission of any fly ash or dust shall be permitted to be discharged from any stack, chimney or by other means into the open air in excess of the quantity set forth in regulations promulgated by the New Jersey Department of Environmental Protection, nor shall any emission be permitted which can cause any damage to health, to animals or vegetation, or other forms of property, or to any excessive soiling.
G. 
Noise.
(1) 
There shall be no noise from any source, other than as provided herein, which shall exceed the values given in the following table in any octave band or frequency. Test equipment methods and procedures shall conform to standards as published by the Department of Environmental Protection of the State of New Jersey or its approved equivalent.
(2) 
No person shall cause, allow or permit sound from any nonresidential use which, when measured at any residential property line, shall be in excess of the following:
(a) 
Continuous airborne sound which has a sound level in excess of 65 dBA shall be prohibited between the hours of 7:00 a.m. and 10:00 p.m., and 55 dBA between the hours of 10:00 p.m. and 7:00 a.m.
(b) 
Continuous airborne sound which has an octave band sound-pressure level in decibels which exceed the values listed in the table below in one or more octave bands shall be prohibited.
(c) 
Impulsive airborne sound which has an impulsive sound level in excess of 80 decibels shall be prohibited.
(3) 
No person shall cause, allow or permit sound from any nonresidential use which, when measured at the property line of any other nonresidential use property, is in excess of the following:
(a) 
Continuous airborne sound level in excess of 65 dBA.
(b) 
Continuous airborne sound which has an octave band sound-pressure level in decibels which exceed the values listed in Column 1 in the table below in one or more octave bands.
(c) 
Impulsive airborne sound which has an impulsive sound level in excess of 80 decibels.
Octave Band Center Frequency
(Hz)
Column 1: Octave Band Sound-Pressure Level (dBA)
From 7:00 a.m. to 10:00 p.m.
Column 2: Octave Band Sound-Pressure Level (dBA)
From 10:00 p.m. to 7:00 a.m.
31.5
96
86
63
82
71
125
74
61
250
67
53
500
63
48
1,000
60
45
2,000
57
42
4,000
55
40
8,000
53
38
(4) 
Testing of only the electromechanical functioning of a stationary emergency signaling device shall occur at the same time each day that a test is performed, between 8:00 a.m. and 8:00 p.m. Any such testing shall only use the minimum cycle test time, but in no event shall exceed 10 seconds.
(5) 
Testing of the complete emergency signaling system shall not occur more than once a month and shall occur between the hours of 8:00 a.m. and 8:00 p.m.
(6) 
The operational performance standards established herein shall not apply to any of the following noise sources: bells, chimes or carillons while being used in conjunction with religious services; commercial motor vehicle operations; emergency energy-release devices; emergency work to provide essential services when public health or safety is involved; community emergency-warning devices; noise of aircraft operations; public celebrations; public roadways, including rail; unamplified human voice.
(7) 
For objectionable noises due to intermittence, beat frequency or hammering, or if the noise is not smooth and continuous, correction shall be made to the above table by subtracting five decibels from each of the decibel levels given.
H. 
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted where electrical disturbances adversely affect the operation of any equipment. All applicable federal and state regulations shall be complied with.
I. 
Fire and explosion hazard. All activities involving storage of flammable and explosive materials shall be carried on in structures which conform to the standards of the National Board of Fire Underwriters of the Borough Building Code or the Fire Ordinance,[1] whichever is more restrictive. All operations shall be carried out, and all materials stored, in accordance with the standards of the Board of Fire Underwriters. Burning of waste materials in open fires is prohibited.
[1]
Editor's Note: See Ch. 129, Construction Codes, Uniform, and Ch. 166, Fire Prevention.
J. 
Liquids or solid waste. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough and the New Jersey State Department of Environmental Protection.
K. 
Glare. There shall be no direct or reflected glare exceeding 0.05 footcandles, measurable beyond the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exit of service drives.