Prior to the issuance of any construction or occupancy permit
for any nonresidential use, the applicant shall submit evidence to
the Construction Official showing compliance with the applicable approval
procedures of all authorized governmental agencies and with all of
the following regulations. In the case of a structure being built
where the future use is not known, a construction permit may be issued
with the condition that no certificate of occupancy will be issued
until such time as this documentation is submitted with respect to
the particular occupant. A new application and a new certificate of
occupancy shall be required in the event of a change of any use of
any structure.
The maximum intensity of electric fields for transmission lines
shall not exceed the following standards. In the event the New Jersey
Department of Environmental Protection has adopted higher standards,
those standards shall prevail.
Intensities of Emfs Measured In Right-Of-Way (ROW) Transmission
Lines
|
---|
Lines
|
Electronic Fields (kV/m)
|
Magnetic Fields (Mg)
|
---|
Max. in ROW
|
Edge in ROW
|
Max. in ROW
|
Edge of ROW
|
---|
Peak
|
Average
|
Peak
|
Average
|
---|
115 kV
|
1
|
0.5
|
40
|
20
|
10
|
5
|
230 kV
|
2
|
1.5
|
70
|
35
|
30
|
15
|
500 kV
|
7
|
3
|
140
|
70
|
50
|
25
|
The maximum RF exposure of any device shall not exceed the maximum
limits established by the New Jersey Department of Environmental Protection
in N.J.A.C. 7:28-42, R F Radiation.
All activities or operations involving fire or explosion hazards
shall be carried on in conformity with the provisions of the Fire
Prevention Code of the Township of Branchburg.
No use shall produce direct or sky-reflected glare exceeding
0.3 foot candles measured at the property line of the lot. This regulation
shall not apply to lights used at the entrances or exits of service
drives leading to a parking lot. Exterior lighting shall be shielded,
buffered and directed so that glare, direct light or reflection will
not become a nuisance to adjoining properties, adjoining dwelling
units or zoning districts or streets.
No use shall produce heat perceptible beyond its lot lines.
Furthermore, no use shall be permitted which would cause the temperature
to rise or fall in a body of water.
There shall be no emission of odorous gases or other odorous
matter in such quantities as to be offensive at the property line
of the lot occupied by such use.
Any activity which emits dangerous radioactivity, toxic chemicals
or poisonous gas at any point is prohibited.
There shall be no emission at any point, from any chimney stack
or other device that exceeds the following State standards:
A.
Smoke. N.J.A.C. 7:27-3, Control and Prohibition of Smoke from
Combustible Fuel.
B.
Particulates. N.J.A.C. 7:27-4, Control and Prohibition of Particulates
from Combustible Fuel.
No use shall obstruct the natural ventilation of adjacent uses.
Further, no air conditioners or exhaust fans shall be permitted to
discharge exhausted air unless set back from all property lines 10
feet or more or unless equipped with baffles to deflect the discharged
air away from adjacent uses.
There shall be no vibration which is discernible to the human
sense of feeling beyond the immediate site on which such use is conducted.
Uses and equipment shall be designed and operated in accordance
with those rules and regulations pertaining to noise levels established
by the New Jersey Department of Environmental Protection as they are
adopted and regulated and by the following standards. If NJDEP standards
vary from the following, the more stringent standards shall apply.
A.
Maximum permissible sound levels. No person shall cause, suffer,
allow or permit the operation of any source of sound on a particular
category of property or any public space or right-of-way in such a
manner as to create a sound level that exceeds the particular sound
level limits set forth below when measured at or within the real property
line of the receiving property except as provided below.
Maximum Permissible Sound Levels By Receiving Property Category,
DBA
|
---|
Sound Source Property Category
|
Receiving Property Category
|
---|
Dwelling within a multi-dwelling unit building
|
Residential
|
Commercial
|
Industrial
|
---|
10:00 p.m. - 7:00 a.m.
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
All Times
|
All Times
|
---|
Any location within a multi-dwelling unit building
|
45
|
40
|
55
|
50
|
65
|
Residential
|
|
55
|
50
|
65
|
75
|
Commercial, public spaces or rights-of-way
|
|
65
|
50
|
65
|
75
|
Industrial
|
|
|
65
|
50
|
75
|
1.
When measuring noise within a dwelling unit of a multi-dwelling
unit building, all exterior doors and windows shall be closed and
the measurements shall be taken in the center of the room.
2.
The following are exempt from the sound level limits.
(a) Noise from domestic power tools, lawn mowers, and
agricultural equipment when operated with a muffler between the hours
of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m.
on weekends and legal holidays, provided they produce less than 85
dBA at or within any real property line of a residential property;
(b) Sound from church bells and church chimes when
a part of a religious observance or service;
(c) Noise from construction activity provided all motorized
equipment used in such activity is equipped with functioning mufflers;
(d) Noise from snowblowers, snow throwers and snow
plows when operated with a muffler for the purpose of snow removal;
(e) Noise from stationary emergency signaling devices
that conforms with the provisions of N.J.A.C. 7:29;
(f) Noise from an exterior burglar alarm of any building
or motor vehicle provided such burglar alarm shall terminate its operation
within 15 minutes after it has been activated.
3.
The sound pressure level shall be measured with sound level
meters and/or analyzers conforming to "United States of American Standard
Specifications for General-Purpose Sound Level Meters," S1.4-1961,
or latest revision. "United States of American Standard Specification
for Octave, Half-Octave, and Third-Octave Ban Filter Sets," S1. 11-1966
or latest revision published by United States of American Standards
Institute, New York, N.Y.
B.
Prohibited acts.
1.
No person shall cause, suffer, allow or permit to be made verbally
or mechanically any noise disturbance. Noncommercial public speaking
and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the operation of this section.
2.
No person shall cause, suffer, allow or permit the following
acts:
(a) Sound reproduction systems. Operating, playing
or permitting the operation or playing of any radio, television, phonograph
or similar device that reproduces or amplifies sound in such a manner
as to create a noise disturbance for any person other than the operator
of the device;
(b) Loudspeakers and public address systems. Using
or operating any loudspeaker, public address system, or similar device
between the hours of 10:00 p.m. and 8:00 a.m. on the following day,
such that the sound therefrom creates a noise disturbance across a
residential real property line;
(c) Animals and birds. Owning, possessing or harboring
any pet animal or pet bird that frequently or for continued duration,
makes sounds that create a noise disturbance across a residential
real property line (for the purpose of this section, a noise disturbance
from a barking dog shall be defined as that created by a dog barking
continually for 10 minutes or intermittently for 30 minutes unless
provoked);
(d) Loading and unloading. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials,
liquids, garbage cans, refuse or similar objects, or the pneumatic
or pumped loading or unloading of bulk materials in liquid, gaseous,
powder or pellet form, or the compacting of refuse by persons engaged
in the business of scavenging or garbage collection, whether private
or municipal, between the hours of 10:00 p.m. and 7:00 a.m. the following
day when the latter is a weekday and between the hours of 10:00 p.m.
and 7:00 a.m. the following day when the latter is a legal holiday
or weekend day except by permit, when the sound therefrom creates
a noise disturbance across a residential real property line;
(e) Standing motor vehicles. Operating or permitting
the operation of any motor vehicle whose manufacturers gross weight
is in excess of 10,000 pounds, or any auxiliary equipment attached
to such a vehicle, for a period of longer than five minutes in any
hour while the vehicle is stationary for reasons other than traffic
congestion or emergency work, on a public right-of-way or public space
within 150 feet (46 meters) of a residential area between the hours
of 8:00 p.m. and 8:00 a.m. of the following day;
(f) Construction and demolition. Operating or permitting
the operation of any tools or equipment used in construction, drilling,
earthmoving, excavating or demolition work between the hours of 6:00
p.m. and 7:00 a.m. the following day on weekdays or at any time on
weekends or legal holidays, provided such equipment is equipped with
a functioning muffler except for (a) emergency work, or (b) when the
sound level does not exceed any applicable limit specified in subsection
11-1.13A.
C.
Exceptions. The provisions of this section shall not apply to:
1.
The emission of sound for the purpose of alerting persons to
the existing of an emergency except as elsewhere provided in this
Article.
2.
The emission of sound in the performance of emergency work;
or
3.
The emission of sound in situations within the jurisdiction
of the Federal Occupational Safety and Health Act;
4.
Noise from municipally sponsored or approved celebrations or
events.