Township of Mine Hill, NJ Article XXVI General Performance Standards

§ 310-197 Applicability.

A. 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 Planning Board or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with 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 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 Planning Board as proof of compliance with applicable codes.

B. The requirements contained in this article shall not apply to residences, except as otherwise specified herein with respect to prohibitions applicable in all zones.

§ 310-198 Issuance of permit subject to conditions.

A. In the event determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the performance standards established in this subsection, the Board may issue a permit subject to conditions 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 conditional certificate of occupancy is granted, or upon a mutually agreed upon extension, a final permit shall be applied for and satisfactory evidence submitted that all standards established by this subsection have been met.

§ 310-199 Regulation of nuisance elements.

A "nuisance element" is any noise, radioactivity, vibration, glare, smoke, odor, air pollution and dust, which exceeds the performance standards established under this section.

A. 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:

	Nuisance Characteristic	All Zones
	Smoke	Vent or smokestack
	Solid particles	Vent, smokestack or building wall
	Odors	Required setback lines
	Liquid wastes	Outlet
	Solid wastes	Building wall
	Radiation	Vent, smokestack or building wall
	Noise	Required setback lines
	Vibration	Building wall
	Glare	Required setback lines
	Heat	Vent or smokestack for heated air and at the outlet for heat, liquid or solid discharge

B. 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.

§ 310-200 Requirements and standards.

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 Township. 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. In any zone, no smoke, the shade 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, the smoke emitted during the cleaning of a firebox 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. In any SF Zone, no visible smoke shall be emitted into the open air.

C. Solid particles.

(1) In any zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 75% of allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.

(2) No open burning shall be permitted in any zone.

(3) All incinerators shall be approved by the State Department of Health.

(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.

D. Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments.

E. Liquid wastes. No liquid waste shall be discharged into any watercourse in the Township except as herein provided. If the applicant proposes to construct facilities for the treatment of wastes, 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 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 said officials, including the pretreating of such wastes, the 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.

F. Solid wastes. Each use shall:

(1) Assume full responsibility for adequate and regular collection, storage and removal of all refuse, except if the Township assumes the responsibility.

(2) Comply with all applicable provisions of the Air Pollution Control Code.

(3) Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Health.

(4) Permit no accumulation on the property of any solid waste, junk, or other materials. Materials for use by a tenant or property owner may be neatly stored on the property, provided that no odors are generated and such storage does not attract rodents or constitute a nuisance.

(5) Shall not engage in any sanitary landfill operation on the property except as may be permitted by other Township codes and ordinances.

G. Radiation. The use or presence of ionizing radiation and particle radiation, including alpha, beta, gamma, high-energy electrons, neutrons, protons and other atomic or nuclear particles, is prohibited. Nothing in this section shall prohibit the use of x-rays for diagnostic purposes on human beings or animals, or analytical x-ray equipment uses to determine the electron microscopic structure for quality control or composition of material in the manufacturing process.

H. Noise.

(1) 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.

(2) Measurements required under this section shall be made at the locations hereinafter. Measurements shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute Standard S 1.4-1961, or the latest revision thereof, and S 2.22, or the latest revision.

(3) The sound-pressure level of any operation shall not exceed the described levels in the designated octave bands shown below for the districts indicated:

		Sound Levels
		Along Agricultural or Residential District Boundaries	At Any Other Point on the Lot Boundary
	Octave Band in Cycles Per Second	Maximum Permitted Sound Level in Decibels	Maximum Permitted Sound Level in Decibels
	0 to 75	72	79
	75 to 150	67	74
	150 to 300	59	66
	300 to 600	52	59
	600 to 1,200	46	53
	1,200 to 2,400	40	47
	2,400 to 4,800	34	41
	Above 4,800	32	39

I. Vibration. In any zone, no vibrations discernible without instruments at the measuring point shall be permitted.

J. Glare.

(1) "Glare" is the sensation produced by brightness within the visual field that is sufficiently greater than the luminance to which the eyes are adapted and which causes 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 speckling reflections of high brightness in polished or glossy surfaces in the field of view.

(2) 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 at ground level of 10 footcandles.

(3) Total direct and indirect glare, measured at the buffer area line, shall not exceed one footcandle, except for lights used to illuminate entrances and exits of roadways and driveways, and shall not intrude onto neighboring properties.

K. Heat. Heat is thermal energy of a radiating, 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 natural watercourse which shall produce a temperature increase of greater than 3° in the watercourse within 10 feet of the discharge point.

L. Fire and explosion hazards.

(1) 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 the following:

(a) 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.

(b) Report from the appropriate Fire Subcode Official or County Marshal that the applicant has complied with all applicable Township fire prevention regulations.

(2) No building shall be sited or constructed and no building or structure shall be expanded or enlarged if the effect of such construction, expansion or enlargement would be to cast a shadow upon the south wall of an existing building or a proposed building for which a building permit has been issued for more than 25% of the time between 8:45 a.m. and 3:15 p.m., local time, on December 21. Where solar access protection to the south wall precludes full solar access, requirements of this section shall only apply to that portion of the south wall located 10 feet above the natural grade of the building. The provisions of this section shall not apply to existing buildings that are shaded for greater than 25% of the time between 8:45 a.m. and 3:15 p.m. on December 21 and shall not limit the construction of attached single-family dwelling units.