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 certify that the use of such specific types of machinery, equipment,
devices, procedures or methods is required in order to assure compliance
with the applicable performance standards. Permits and certificates
required by other government agencies shall be submitted to the Approving
Board as proof of compliance with applicable codes.
B.
For conditional uses or for use variances which must meet these performance
standards of this Article, the Approving Board shall not approve any
use, structure, process or equipment until it receives a report or
recommendation from the appropriate official to the Approving Board
regarding compliance with the performance standards established herein.
C.
The regulations contained in this section shall not apply to one-
and two-family detached dwellings but shall apply to any home occupations
contained in them.
D.
All the requirements of this section shall be items covered in the
developer's agreement.
A.
The Approving Board may recommend issuance of a temporary certificate
of occupancy based on submission of evidence that the proposed use,
process or equipment will meet the standards established herein after
completion or installation and operation, and adequate bond posted
to insure completion.
B.
Within 60 days after a temporary certificate of occupancy is granted,
a final certificate of occupancy shall be applied for and satisfactory
evidence submitted that all standards established by this Article
have been met.
A.
Nuisance elements shall be regulated in accordance with the following
standards or with the current standards set forth in the New Jersey
Administrative Code, whichever is more stringent.
B.
The determination of the existence of nuisance elements shall be
made at the following locations:
|
Nuisance Characteristics
|
All Residential Zones
|
All Nonresidential Zones
|
|---|---|---|
|
Smoke
|
VS
|
VS
|
|
Solid particles and fly ash
|
VS
|
VS
|
|
Odors
|
PL
|
PL
|
|
Liquid wastes
|
BW
|
PL
|
|
Solid wastes
|
BW
|
SL
|
|
Radiation
|
VS
|
VS
|
|
Noise
|
SL
|
PL
|
|
Vibration
|
BW
|
PL
|
|
Glare
|
BW
|
PL
|
|
Heat1
|
PL
|
PL
|
|
NOTES:
| |
|---|---|
|
1
|
For heat, measurement shall be made at the vent or smokestack
for heated air and at the property line for tested liquid or solid
discharge.
|
|
KEY:
| ||
|---|---|---|
|
VS
|
=
|
Vent or smokestack
|
|
PL
|
=
|
Property line
|
|
BW
|
=
|
Building wall
|
|
SL
|
=
|
Required setback lines
|
C.
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.
A.
Air pollution.
(1)
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, or the regulations
contained in this Article, 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 on 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 on the Ringelmann Smoke Chart, may be permitted for a period
or periods 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 7 and 8 of the
New Jersey Air Pollution Control Code.
(b)
No open burning shall be permitted in any zone.
(c)
All incinerators shall be approved by the State Department of
Environmental Protection.
(d)
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 established during
construction sufficient to prevent the generation of dust from the
movement of such vehicles or equipment.
(4)
Odors. In any zone, no odorous material may be emitted into the atmosphere
in quantities sufficient to be detected without instruments.
B.
Wastes.
(1)
Liquid wastes. No liquid waste shall be discharged into any watercourse
or water body nor in any area which may result in aquifer contamination
in the township except as herein provided. If the applicant proposes
to construct facilities for the treatment of waste, he 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 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 wastes 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.
(2)
Solid wastes. Each property owner shall:
(a)
Assume full responsibility for adequate and regular collection
and removal of all refuse except where the township or property owners'
association 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
8, 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 other objectionable materials.
(e)
Permit no burying of wastes of any kind.
(f)
Not engage in any sanitary landfill operation on the property
except as may be permitted by other township codes and ordinances.
C.
Radiation from radioactive sources. 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, P.L. 1958,
c. 116, as amended,[1] whichever shall be more stringent.
[1]
Editor's Note: See N.J.S.A. 26:2D-1 et seq.
D.
Noise.
(1)
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)
Measurements, if required under this subsection, shall be made at
the locations designated by the Township Engineer. 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, or the latest revision thereof, and S2.22, or the latest
revision. All measurements shall be made in at least eight frequency
bands.
(3)
Ambient noise levels shall be made between the hours of 8:00 a.m.
and 11:00 p.m. for periods of at least one hour and on three separate
occasions.
(4)
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)
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 chapter,
the more restrictive standards shall be applicable.
E.
Vibration. There shall be no vibration which is discernable to the
human senses of feeling beyond the immediate lot.
F.
Glare. No single standard for glare is promulgated in this chapter
due to the impracticality of establishing such standards. It is the
intent of these performance standards to ensure that both direct and
indirect glare, to the extent possible, are eliminated or activities
producing such glare are carried on within a structure. Necessary
glare-producing devices such as roadway and walkway lighting shall
be designed, constructed and maintained in such a manner as not to
be a nuisance to surrounding uses.
G.
Discharges to watercourses. No discharge into any watercourse shall
be authorized where it will produce a temperature rise discernible
at the measuring point or discharge water into any watercourse which
shall produce a temperature increase of greater than 3° in that
watercourse measured at any point 10 feet downstream from the point
of discharge.
H.
Fire and explosion hazards. If it appears that any proposed use,
structure, process or resulting product or material may constitute
a fire or explosion hazard, the Approving 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)
Approval from the Township of Knowlton Fire Department that the applicant
has complied with all applicable township fire prevention regulations.
I.
Drainage.
(1)
No stormwater or natural drainage which originates on the property
or water generated by an activity (i.e., air conditioners, swimming
pools) shall be diverted across the property lines unless transported
in an approved or existing drainage system.
(2)
No increased drainage flow rate shall be generated from a proposed
development unless authorized by the Approving Board and agreed to
by the affected adjoining property owners. Increased volume of flow
will not be permitted where such flow would be detrimental to adjoining
property owners.
