A.
Compliance. As a condition of approval and the continuance of any
use, occupancy of any structure and operation of any process or equipment,
an applicant shall supply evidence, satisfactory to the Board, or
to its designated representative, that the proposed use, structure,
process or equipment will conform fully to all of the applicable performance
standards.
(1)
As evidence of compliance, the Board may require certification
of test by appropriate governmental agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant.
(2)
The Board may require that specific types of equipment, machinery
or devices shall be installed, or that specific operating procedures
or methods shall be followed in the governmental agencies or testing
laboratories examining the proposed operation and 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.
(3)
Permits and certifications required by other governmental agencies
shall be submitted to the Board as proof of compliance with applicable
codes.
(4)
If appropriate permits, tests and certifications are not or
cannot be provided by the applicant, the Board or Zoning Officer may
require that instruments and/or other devices or professional reports
or laboratory analyses be used to determine compliance with the following
performance standards for an existing or proposed use, and the cost
thereof shall be borne by the owner or applicant.
(5)
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 section, the Board may
recommend issuance of 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. Within 30 days after a certificate
of occupancy has been issued, the applicant shall submit satisfactory
evidence that all standards established by this section have been
met.
B.
Hazardous, toxic or corrosive substances. No building or land shall
be used and no structure shall be erected, constructed, reconstructed,
altered or repaired for the purposes of processing, manufacturing,
producing or storing of hazardous, toxic or corrosive substances."
Hazardous, toxic or corrosive substances" shall be defined as those
named in regulations promulgated by the United States Environmental
Protection Agency (USEPA), New Jersey Department of Environmental
Protection (NJDEP) and other federal and state regulatory agencies.
This provision shall not apply to the incidental use and limited storage
of such substances in connection with uses permitted by this chapter.
C.
Applicability and enforcement.
(1)
Applicability.
(a)
Prior to construction and operation, any application for a development
or building permit for a nonresidential use shall be accompanied by
submissions, attachments, certifications as required by this section
and a sworn statement filed by the owner of the subject property or
the operator of the proposed use that said use will be operated in
accordance with the performance standards set forth herein.
(b)
Any existing structure or use which is, after the effective
date of this chapter, allowed to deteriorate or is modified so as
to reduce its compliance with these standards will be deemed to be
in noncompliance and to constitute a violation.
(2)
Continued compliance. Continued compliance with performance
standards is required and shall be enforced by the Construction Official
or Zoning Officer.
(3)
Termination of violation. All violations shall be terminated
within 30 days of notice or shall be deemed a separate violation for
each day following and subject to fines as set forth herein.
(4)
Violation inspection. Whenever, in the opinion of the Construction
Official or Zoning Officer, there is a reasonable probability that
any use or occupancy violates the regulations of this section, they
are thereby empowered to employ a qualified technician or technicians
to perform investigations, measurements and analyses to determine
whether or not the regulations of this section are being violated.
In the event that a violation is found to exist, the violator shall
be liable for the reasonable fees of the technicians employed to perform
such investigations, measurements and analyses.
D.
Performance standards.
(1)
Noise.
(a)
The definitions contained in the Noise Control Regulations of
the NJDEP (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference
without being set forth in full with regard to this section.
(b)
No person shall cause, suffer, allow or permit, nor shall any
application for development be approved, which produces sound in excess
of the standards listed below when measured at any location outside
of the lot on which the use or source of sound is located.
[1]
A continuous airborne sound which has a sound level in excess
of 50 decibels.
[2]
A continuous airborne sound which has an octave band sound pressure
in decibels which exceeds the values listed below in one or more octave
bands:
[a]
During the hours from 7:00 a.m. to 7:00 p.m.:
|
Frequency Band
(cycles per second)
|
Sound-Pressure Level
(decibels re: 0.0002 dyne/cm2)
| |
|---|---|---|
|
20 to 75
|
75
| |
|
75 to 150
|
60
| |
|
150 to 300
|
54
| |
|
300 to 600
|
48
| |
|
600 to 1,200
|
45
| |
|
1,200 to 2,400
|
42
| |
|
2,400 to 4,800
|
39
| |
|
Above 4,800
|
36
|
[b]
During the hours from 7:00 p.m. to 7:00 a.m.:
|
Frequency Band
(cycles per second)
|
Sound-Pressure Level
(decibels re: 0.0002 dyne/cm2)
| |
|---|---|---|
|
20 to 75
|
65
| |
|
75 to 150
|
50
| |
|
150 to 300
|
44
| |
|
300 to 600
|
38
| |
|
600 to 1,200
|
35
| |
|
1,200 to 2,400
|
32
| |
|
2,400 to 4,800
|
29
| |
|
Above 4,800
|
26
|
[3]
An impulsive sound in the air which has an impulsive sound level
in excess of 80 decibels.
(c)
The provisions of this section shall not apply to:
[1]
Bells, chimes or carillons which are being used in conjunction
with religious services.
[2]
Emergency energy release devices.
[3]
Emergency work to provide electricity, water or other public
utilities when public health or safety is involved.
[4]
National Warning System (NAWAS) signals or devices used to warn
the community of attack or imminent public danger, such as flooding
or explosion. These systems are controlled by the New Jersey Civil
Defense and Disaster Control Agency.
[5]
Noise of aircraft flight operations.
[6]
Public celebrations.
[7]
Public roadways.
[8]
Stationary emergency signaling devices.
[9]
Rail operations.
[10]
Surface carriers engaged in commerce by railroad.
[11]
The unamplified human voice.
[12]
Use of explosive devices. These are regulated
by the New Jersey Department of Labor and Industry under the 1960
Explosives Act (N.J.S.A. 21:1A-128 et seq.).
(2)
Air pollution. 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,
and all the following provisions stated, whichever shall be the more
stringent, shall be complied with:
(a)
Smoke. In any zone, no smoke, the shade or appearance of which
is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted
into the open air from any incinerator or fuel-burning equipment;
provided, however, that visible grey smoke of a shade not darker than
No. 2 on the chart may be emitted for not more than four minutes in
any 30 minutes. These provisions applicable to visible grey smoke
shall also apply to visible smoke of a different color but with an
equivalent apparent opacity.
(b)
Solid particulates.
[1]
Discharge of solid particulates through a stack, duct or vent
shall meet the standards for allowable emissions permitted by the
New Jersey Air Pollution Control Code.
[2]
No open burning shall be permitted.
[3]
All incinerators shall be approved by NJDEP.
[4]
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.
(c)
Odors. In any zone, no odorous material shall be emitted into
the atmosphere in quantities sufficient to be detected without instruments.
Any process which may involve the creation or emission of any odors
shall be provided with a secondary safeguard system so that control
will be maintained.
(3)
Liquid waste. No liquid waste shall be stored outside or discharged
into any watercourse, storm drain or sewage collection and disposal
system nor into any ground sump, any well or percolation area, except
in accordance with plans approved by the Borough Engineer, Health
Department, Public Works Department and/or NJDEP. No liquid wastes
shall be stored outdoors.
(a)
Effluent shall at all times comply with the following standards:
[1]
Maximum five-day biochemical oxygen demand: five parts per million.
[2]
Maximum quantity of effluent: 10% of the minimum daily stream
flow.
[3]
Maximum five-day biochemical oxygen demand after dilution (BOD
of effluent multiplied by quantity of effluent divided by quantity
of stream flow): 0.25 part per million.
[4]
Maximum total solids: 5,000 parts per million.
[5]
Maximum phenol: 0.01 part per million.
(b)
No effluent shall contain any other acids, oils, dust, toxic
metals, corrosive or other toxic substance in solution or suspension.
(4)
Solid waste. No materials or waste shall be deposited on a lot
in any form or manner that they can be transferred off the lot, directly
or indirectly, by natural forces such as precipitation, evaporation
or wind. All materials or wastes which might create a pollutant, a
hazard or facilitate the breeding of vermin shall be stored indoors
or be enclosed in appropriate containers to eliminate the potential
pollutant or attraction. All uses in the Borough shall:
(a)
Assume full responsibility for adequate and regular collection
and removal of all refuse and for recycling of recyclable materials,
except if the Borough assumes the responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control
Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter
Refuse Disposal, Public Health Council, of NJDEP.
(d)
Permit no accumulation on the property of any solid waste, junk
or other objectionable material.
(e)
Not engage in any sanitary landfill operation on the property.
(5)
Radiation. All uses of materials, equipment or facilities which
are or may be sources of radiation shall comply with all controls,
standards and requirements of the United States Atomic Energy Act
of 1965, as amended, and any codes, rules or regulations promulgated
under such Act, as well as the New Jersey Radiation Protection Law,
N.J.S.A. 26:2D-1 et seq., as amended, whichever is more stringent.
(6)
Fire and explosion hazards. All activities shall be carried
on only in structures which conform to the standards of the National
Board of Fire Underwriters or the Building Code or Fire Prevention
Code, whichever is more restrictive. All operations and storage of
combustible materials, fuels, liquids and finished products shall
be conducted in such a manner and with such precautions against fire
and explosion hazards as to produce no explosion hazard, as determined
by the New Jersey Inspection Bureau of Fire Prevention, to a use on
an adjacent property and shall conform to the rules and regulations
of the most recently adopted edition of the Fire Prevention Code of
the National Board of Fire Underwriters.
(7)
Vibration. Air-induced vibration shall be limited to the sound-pressure levels permitted under Subsection D(1) above. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located.
(8)
Electromagnetic interference. There shall be no electromagnetic
interference that:
(9)
Heat. Every use and activity shall be so operated that it does
not raise the ambient temperature more than 2° F. at or beyond
the boundary of any lot.
(10)
Fire-resistant construction. All new construction and additions
shall be fire resistant construction in accordance with the State
Uniform Construction Code.
(11)
Glare. There shall be no direct or sky-reflected glare exceeding
0.5 footcandle measured at the property line of the lot occupied by
the use. This regulation shall not apply to lights used at the entrances
or exits of service drives.
(12)
Access. There shall be no ingress to or egress from any nonresidential
use or operation as permitted and regulated herein from any minor
street as set forth by the Master Plan of the Borough.
(13)
Screening. There shall be established along the line of any lot that is contiguous with or visible to any adjacent residential zone a belt of landscaping, fence or wall, as the Planning Board may require, which will be adequate to screen the operation of the lot from normal observation from within a residential district, in accordance with § 207-67.[1]
[1]
Editor's Note: Original § 42-118E, Conflict with
other ordinances and regulations, which immediately followed this
subsection, was repealed 10-23-2012 by Ord. No. 12-14.
