Borough of Dunellen, NJ Performance Standards

General intent. As a condition of approval for any building or use, and as a condition of continued occupancy of any building or installation utilized for nonresidential purposes, the applicant shall supply evidence satisfactory to the Board or the Construction Official, whichever is applicable, that the proposed building or installation shall conform fully with all of the applicable performance standards established herein. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, all costs 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 of 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 is required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.

Industrial sewage waste. No industrial waste shall be discharged into the public sewage collection and disposal system unless the appropriate official of the Borough of Dunellen shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of the waste material into the system. The applicant shall comply with any requirements of the Borough, including the pretreatment of such waste, control of pH and other methods of improving such waste treatment and disposal shall be approved by the Borough, the New Jersey Department of Environmental Protection and the New Jersey State Health Department.

Solid waste. All nonresidential uses in the Borough shall assume full responsibility for adequate collection, recycling and disposal of refuse. No junk or solid waste shall be permitted to accumulate on the property.

Noise and vibration. All uses and activities shall comply with noise and vibration standards promulgated by the New Jersey Department of Environmental Protection.

Heat. No use shall be permitted that produces heat to the extent that such temperature has an adverse effect of any kind upon adjoining properties and uses.

Glare. Any process producing intense glare or flashing of lights shall be performed within a completely enclosed building in such manner that no discomforting glare shall be disseminated beyond the building. No sky-reflected or indirect glare shall be permitted if any operation is to be conducted in any area outside of a building, except where required for safety purposes. Lighting of any parking area or of any loading or unloading area shall conform to the strictest standards prescribed in Recommended Practice for Outdoor Parking Area Lighting, published by the Illumination Engineering Society, with spacing and type of luminaries such that spill light shall be kept at a minimum and glare controlled with lenses, louvers, or shields so as to minimize object able glare to any point beyond the lot line. Parking, loading and unloading areas that are in use after dark shall be so situated as to provide maximum shielding and concealment of lighting from adjoining properties. Luminaries lighting any sign, building, exterior, fountain, or decorative fixture shall be placed in such manner that the lighting is directed only toward the object to be lighted and does not disseminate glare. This subsection shall not be construed to prohibit lighting required by police or other enforcement agencies for the safety and protection of employees and of the general public.

Fire and explosion hazard. No use shall be permitted which results in a fire or explosion hazard beyond the limits of the property occupied by said use.

Hazardous and toxic substances and chemicals.

(1)

No use of process shall be permitted which stores or utilizes any substance classified by the Department of Environmental Protection as toxic or hazardous unless in compliance with all applicable state and federal requirements, and further provided that proposed spill containment and storage and diking plans shall be certified by independent experts hired by the Board, all costs to be borne by the applicant.

(2)

In addition, all new underground tanks used to store hazardous chemicals shall include an outer, or secondary, container.

Additional standards and references. In order to satisfy itself that the applicant will comply fully with all of the applicable performance standards, the Board or its designated representative may examine and refer to any or all of the available standards, codes, regulations, and requirements of federal, state, county or local government, and recognized professional organizations, associations and societies.

Testing procedures and technical assistance. In all cases where the Planning Board shall deem that it is advisable to determine whether or not the facility will be in conformance with applicable performance standards, the Planning Board or its designated representative shall require adequate testing procedure and utilize expert assistance at the expense of the applicant.

Odors. There shall be no emission of odorous gases or other odorous matter as to be offensive beyond the property line of the lot occupied by the use.