[1979 Code § 64-92; Ord. No. 1-81; Ord. No. 21-95; Ord. No. 03-03 § 3; Ord. No. 2017-02]
a. Agricultural and horticultural uses meeting the requirements of §
30-34.1.
b. Farmers markets and agricultural retail establishments.
c. The following uses, conducted entirely within the confines of a building,
are permitted:
1. Processes of manufacturing limited to the fabrication, assembly and
packaging of products, but not including the treatment or conversion
of raw materials.
2. Scientific or research laboratories devoted to research, testing,
design and/or experimentation and processing and fabricating incidental
thereto.
3. Office buildings for business, professional, executive and administrative
purposes.
4. Data processing facilities.
5. Governmental buildings and uses for office and administrative purposes.
6. Retail self-storage warehouses.
[1979 Code § 64-93; Ord. No. 2011-03 § 5; Ord. No. 2017-02; amended 11-20-2023 by Ord. No. 2023-15]
The following accessory uses are permitted:
a. Off-street parking areas in accordance with §
30-17.2.
b. Signs, in accordance with Article
XX.
c. Other accessory uses customarily incident to the uses listed in §
30-50.1.
d. Outdoor storage in accordance with §
30-67.
e. Other accessory uses customarily incidental to the uses listed in §
30-50.1.
f. Rooftop solar arrays constructed within the confines of and not extending
beyond the footprint of lawfully pre-existing structures, which solar
array height shall not exceed 12 inches above the existing roof surface
of a peaked roof and not exceeding a height of four feet from the
existing roof surface of a flat roof, and not resulting in an overall
height in excess of that permitted for the principal structure in
the zone district in which the property is located. All rooftop solar
arrays shall be setback at least five feet from all property lines.
The design of the solar array shall conform to all applicable industry
standards including the New Jersey Uniform Construction Code, the
National Electric Code. A building permit shall be applied for and
obtained prior to construction. All design and installation work shall
comply with all applicable provisions in the National Electric Code
and relevant building and fire regulations.
g. Ground-mounted solar arrays designed and capable of production of
electrical energy not to exceed 110% of the energy needs of the principal
structure located upon the same lot, based upon the average electric
utility usage over the three-year period immediately prior to the
application for the zoning permit; provided, however, that no portion
of the solar panel array shall exceed a height of eight feet above
existing grade. Such solar panel arrays shall be located in the side
or rear yard areas, only, of the lot and, must meet accessory structure
setbacks and maximum accessory structure area limitations for accessory
structures. If located in the side yard area of the lot, the ground-mounted
solar panel arrays shall be buffered from view of adjoining properties
and roadways by fencing or vegetation by evergreen plantings having
a minimum planted height of 48 inches and not exceeding an on-center
planting spacing of 10 feet.
[1979 Code § 64-93.1; Ord. No.
2011-03 § 9; Ord. No.
2011-07 § 5; Ord. No.
2017-02]
a. Private or commercial recreation facilities, such as golf courses,
tennis courts, riding stables or academies and swimming facilities.
b. Public utility facilities, except that above-grade major utility
transmission lines and/or mains shall be prohibited in any runway
subzones or runway and subzones of an airport (hazard area) safety
zone as established pursuant to N.J.A.C. 16:62.
d. Private and commercial aircraft landing areas.
f. Solar production systems.
g. Wireless communication facilities/antennae.
h. Medical
marijuana growing, production and manufacturing, in the AI-10 Zone
only, subject to the requirements of § 30-82.18.
[Added ]
[1979 Code § 64-94; Ord. No. 2017-02]
Except as otherwise provided in this Article, the requirements and limitations contained in the Schedule of Requirements referred to in §
30-31.1 shall be complied with.
[1979 Code § 64-95; Ord. No. 2017-02]
Any building, structure or tract of land developed, constructed
or used for any permitted principal or accessory industrial use shall
comply with all the performance standards as set forth in this section.
These performance standards shall apply, unless exceeded by any State
or Federal standards or amendments thereto. If there is any reasonable
doubt that the intended use will not conform to any subsection of
the performance standards, the Planning Board shall request a deposit
for each subsection in doubt, which will be used to defray the cost
of a special report by an expert consultant qualified to advise on
conformance to the required standard. The amount of the deposit shall
be made within 30 days of the request and copies supplied to the applicant.
If any existing use or building is extended, enlarged or reconstructed,
the performance standards shall apply to such extended, enlarged or
reconstructed portion or portions of such use or building or structure.
[1979 Code § 64-95A; Ord. No. 2017-02]
Measured at the lot line, the sound pressure level of noise
emitted by all sources on a single lot shall not exceed the levels
tabulated below and corrected for the character of the noise. Measurement
shall be made with a sound level meter corresponding to ANSI standard
S1.4 and an octave band filter conforming to ANSI standard Z24.10.
Octave Band Center Frequency
(cycles per second)
|
Maximum Sound Pressure Level
(decibels relative to 0.002 microbars)
|
---|
31.5
|
84
|
63
|
70
|
125
|
57
|
250
|
50
|
500
|
45
|
1,000
|
41
|
2,000
|
38
|
4,000
|
35
|
8,000
|
32
|
Character of Noise
|
Correction in Decibels
|
Night time noise, 10:00 p.m. to 7:00 a.m.
|
-5
|
Impulsive noise
|
-5
|
Noise of periodic character
|
-5
|
[1979 Code § 64-95B; Ord. No. 2017-02]
There shall be no emission of smoke or other visible atmospheric
pollutant to give a plume equivalent opacity in excess of 15%. Opacity
readings may be made visually by a trained observer or by a stack
mounted opacity meter. Steam plumes are exempt from this limit, but
steam may not be used to mask other emissions.
[1979 Code § 64-95C; Ord. No. 2017-02]
Emission of odorous matter shall be below odor threshold concentrations at the lot line and at the point of maximum ground level concentration if this point is beyond the lot line. Recognized compilations of odor threshold concentrations may be used as standards of the granting of use permits, but for an established use, the actual detectability of odor shall be the standard. Odor threshold compilations include Air Pollution Control Association Paper 68-131, 1968; Table III, Chapter
5 of the Air Pollution Abatement Manual, Manufacturing Chemists Association, Washington, 1951; and the United States Bureau of Mines Technical Paper 480, 1930.
[1979 Code § 64-95D; Ord. No. 2017-02]
a. Dust, dirt, fly ash and other particulates shall be controlled so
that no such emission will cause damage to human health, animals,
vegetation or other property or which can cause any excessive soiling
beyond the lot line of the source use. There shall be no emission
of any solid or liquid particulate matter in excess of 0.015 grains
per dry standard cubic foot of stack gas, corrected to 12% carbon
dioxide (CO2). Particulate emission determinations shall be made according
to Environmental Protection Agency Method 5.
b. Fugitive dust shall be held to a minimum by use of good housekeeping
practices and other appropriate control techniques.
[1979 Code § 64-95E; Ord. No. 2017-02]
Under no circumstances shall any use emit noxious, toxic or corrosive fumes or gases. Reference shall be made to Table I, Industrial Hygiene Standards, Maximum Allowable Concentrations, Chapter
5, of the Air Pollution Abatement Manual for determination of toxic pollutants to be prohibited.
[1979 Code § 64-95F; Ord. No. 2017-02]
No industrial uses shall carry on an operation which will produce
heat or direct or sky-reflected glare beyond the property line of
the lot on which the use is located. Industrial and exterior lighting
shall be used in such a manner that it produces no glare on public
highways and neighboring property.
[1979 Code § 64-95G; Ord. No. 2017-02]
All activities shall be carried on only in structures which
conform to the standards of the State Uniform Fire Code, or the State
Uniform Construction Code or other applicable local ordinance, whichever
is more restrictive. All operations shall be carried on and combustible
raw materials, fuels, liquid and finished products shall be stored
in accordance with the standards of the American Insurance Association.
[1979 Code § 69-95H; Ord. No. 2017-02]
There shall be no discharge at any point of treated or untreated
sewage or industrial waste into any stream, lake or reservoir or into
the ground of any material which may contaminate the water supply
or endanger human health and welfare. No industrial waste shall be
discharged into any system nor shall any wastes be discharged in the
public sewer system which are dangerous to the public health and safety.
a. Maximum five-day biochemical oxygen demand shall be 5.0 parts per
million.
b. Maximum quantity of effluent shall be 10% of minimum daily stream
flow.
c. Maximum five-day biochemical oxygen demand after dilution, biochemical
oxygen demand of effluent multiplied by quantity of effluent divided
by quantity of stream flow, shall be 0.25 parts per million.
d. Acidity or alkalinity shall be neutralized to a pH of 7.0 as a daily
average on a volumetric basis, with a temporary variation of 6.0 to
8.5.
e. Wastes.
1. Wastes shall not contain any insoluble substances in excess of 5,000
parts per million, and no insoluble substances shall be noticeable
in the water or deposited along the above or on the aquatic substrata
in quantities detrimental to the natural biota.
2. Wastes shall contain no cyanides and no halogens.
3. Threshold odor number shall not exceed 24° to 60° C.
4. Wastes shall not exceed the following maximums:
(a)
Maximum hydrogen sulfide: 10 parts per million.
(b)
Maximum sulfur dioxide: 10 parts per million.
(c)
Maximum nitrous oxide: 10 parts per million.
(d)
Maximum chlorine demand: 15 parts per million.
(e)
Maximum phenols: 0.005 parts per million.
5. No effluent shall contain any acids, ores, dust, toxic metals, corrosive
or other toxic substance in solution or suspension which may cause
odors, discolor, poison or otherwise pollute streams and waterways
in any way. There shall be no thermal discharges which detrimentally
affect the natural aquatic biota or reasonably anticipated reuse of
the waters. There shall be no accumulation of solid wastes conducive
to the breeding of rodents or insects.
6. All methods of sewage and industrial waste treatment and disposal
shall be approved by the New Jersey State Department of Environmental
Protection and the Sussex County Department of Health.
[1979 Code § 69-951; Ord. No. 2017-02]
No activity shall cause or create a steady state or impact vibration
at or beyond the lot line causing acceleration in excess of that indicated
in the attached figures. The numbers on the ordinate are peak values
of sinusoidal accelerations or 1.4 times the root mean square values
of random vibrations measures in octave bands. These criteria are
for vertical vibrations and are to be reduced by a factor of 1.4 for
horizontal vibrations. The ordinate unit g is 9.81 m/sec2 (32.2 ft/sec2).
[1979 Code § 69-65J; Ord. No. 2017-02]
Radioactivity shall not be emitted to exceed quantities established
as safe by the United States Bureau of Standards or FCC Guidelines,
as amended from time to time. No electrical disturbances, except from
domestic household appliances, adversely affecting the operation at
any point of any equipment other than that of the creator of such
disturbance shall be created.
[1979 Code § 69-95J; Ord. No. 2017-02]
Any operation shall also comply with any applicable State standards
and requirements and particularly to the New Jersey Department of
Environmental Protection Administrative Code, Title 7, Chapter 27,
Subchapters 3, 4, 5, 6, 7, 11, 13 and 16.
a. Enforcement of Performance Standards. An industry desiring to build, develop or utilize a tract or site of land must submit an application to the Planning Board in accordance with Article
IX. The application shall include the following detailed information concerning the environmental effects regulated by the performance standards and certification by a registered architect or engineer for the applicant that the proposed use can meet the performance standards of this subsection.
b. The procedure for enforcement for established industries shall be
as follows: If a violation of the performance standards created has
occurred, the Zoning Officer shall send a written notice of the violation
to the owners of the property by certified mail. The owner(s) shall
have 30 days to correct the violation unless, if in the opinion of
the Zoning Officer, there is an imminent peril to life and property,
in which case the violation shall be corrected immediately. Where
determinations of violation can be made by the Zoning Officer using
equipment normally available to the Township or otherwise obtainable
without extraordinary expense, such determination shall be so made
before notice of the violation is issued.
c. Where technical complexity or extraordinary expense makes it unreasonable
for the Township to maintain the personnel or equipment necessary
to make the determination of violation, then the Township shall call
in properly qualified experts to make the determination. If expert
findings indicate a violation of the performance standards, the costs
of the determination shall be assessed against the properties or persons
responsible for the violation, in addition to the other penalties
prescribed by this chapter. If no violation is found, cost of the
determination shall be paid entirely by the Township.