[Ord. No. 89-30, § 4.]
Each application for development seeking a variance shall submit a fire protection plan in accordance with the requirements of division 14 of article IV of this code.
[Ord. No. 856, § 2.]
Any industrial operation or activity which shall cause at any time and at any point along the nearest adjacent lot line, earthborne vibrations in excess of the limits set forth in column (1) of the following table is prohibited. In addition, any industrial operation or activity which shall cause, at any time and at any point along any residence district boundary line, earthborne vibrations in excess of the limits set forth in column (2) of such table is prohibited. Vibration shall be expressed as displacement in inches and shall be measured with a standard three-component measuring system. A three-component measuring system is a device for recording the intensity of any vibration in three mutually perpendicular directions.
Frequency
(cycles per second)
(1) Displacement
(inches)
(3) Displacement
(inches)
1 to 10
.0003
.0004
10 to 20
.0005
.0002
20 to 30
.0002
.0001
30 to 40
.0002
.0001
40 and over
.0001
.0001
[Ord. No. 856, § 2.]
The emission from any operation of smoke or particulate matter in such manner or quantity as to be detrimental to or as to endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
For the purpose of grading the density of smoke, the Ringelman Chart, published and used by the United States Bureau of Mines, "Bureau of Mines Information Circular 6888," shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 on the Ringelman Chart is prohibited at all times, the emission, from all sources within any lot area, of particulate matter containing more than 10% by weight of particles having a particle diameter larger than 44 microns is prohibited.
Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads and so forth, within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means.
[Ord. No. 856, § 10B-314.]
No use shall be operated so as to produce the emission of objectionable or offensive odors in such concentrations as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. Table 111, Chapter 5, "Air Pollution Abatement Manual" of the Manufacturing Chemists' Association, Inc., Washington, D.C., is hereby adopted as a guide in determining the quantities of offensive odors, as are the guides and standards contained in the prohibitions against air pollution of the "Regulations for the Control of Air Pollution."
[Ord. No. 856, § 2.]
No use shall, for any period of time, discharge across the boundaries of a lot on which it is located, toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or general welfare, cause injury or damage to persons, property or the use of property or land or render unclean the waters of the state to the extent of being harmful or inimical to the public health, to animal or aquatic life or to the use of such waters for domestic water supply, industrial purposes, recreation or other legitimate and necessary uses.
[Ord. No. 856, § 2.]
Any operation involving the storage, utilization or manufacture of flammable or explosive materials shall be permitted only in accordance with applicable statutes, state codes and ordinances.
[Ord. No. 856, § 2.]
Exposed sources of light, including bare bulbs and tubes and immediately adjacent reflecting surfaces shall be shielded so as not to create a nuisance across lot lines.
The light intensity from illumination of any kind, shall not exceed fifty foot-lamberts at any point along the line of the lot containing the light source.
Any operation producing excessive humidity in the form of steam or moist air or producing intense glare or heat shall be performed within an enclosure and in such a manner as not to be perceptible at or beyond any lot line. Exterior illumination, except that required for safety and security, shall be extinguished at 11:00 p.m. for the duration of the hours of darkness.
[Ord. No. 97-23, § 2; Ord. No. 2008-28, § 1.]
(a) 
Purpose. Regulation of outdoor lighting including recreational/sports facility lighting is necessary to prevent the cause of unnecessary sky glow, to prevent light trespass and to reduce unnecessary glare caused by inappropriate or misaligned light fixtures and/or the inappropriate location of light poles. These standards are intended to promote energy efficiency, preserve and protect adjacent residential neighborhoods from unnecessary lighting impacts and discourage overlighting consistent with public safety.
(b) 
Definitions.
AUTOMATIC TIME DEVICE
A switching device, a part of which is a clock, set to the prevailing time (Eastern Standard Time or Daylight Savings Time), that will control the period of illuminating outdoor light fixtures and outdoor signs.
FOOT-CANDLE
The measurement of light on a surface of one square foot in area on which there is uniformly distributed a light flux of one lumen.
GLARE
The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.
ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IESNA)
An organization that establishes standards for the lighting industry.
LIGHT TRESPASS
Any form of artificial illumination emanating from a light fixture or illuminated sign on a property that penetrates across the property line or lines into another property.
MOTION SENSOR DEVICE
A device that will sense motion electronically and switch on security lighting during the activity and for a brief duration thereafter.
OBJECTIONABLE DIRECT LIGHT EMISSIONS
Direct light emissions visible above a height of five feet at the subject property line. A bulb, a reflective device, a refractive lens device, a globe, or diffuse panels, shall be considered a direct light emission source.
OUTDOOR LIGHT FIXTURE
An electrically powered illuminating device containing a total light source of more than 1,800 initial lumens per fixture (this is greater than a single 100 watt incandescent, or two, 75 watt reflectorized incandescent bulbs), which is permanently installed outdoors, including but not limited to, devices used to illuminate any site, architectural structure, or sign.
SHIELDED LIGHT FIXTURE
A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 90° for street lighting and 80° for all other lighting, through the light fixture's lowest light emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.
(c) 
Standards. All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings, shall comply with the following requirements:
(1) 
Only shielded light fixtures shall be used. Any fixture mounted above 10 feet shall have not more than 10% of its light distribution at a vertical angle of 80° above nadir and 2.05% at an angle of 90° above nadir.
(2) 
Where used for commercial, educational/institutional purposes or for sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices set to be turned off during nonoperating hours or when not necessary for safety and security purposes.
(3) 
Light fixtures used to illuminate flags, statues or other objects mounted on a pole, pedestal or platform shall use a narrow column beam of light that will not extend beyond the maximum extension of the illuminated object.
(4) 
Other upward directed architectural, landscape or decorative direct-light emission shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.
(5) 
Lighting for freestanding signs, shall use shielded light fixtures or other device(s) to shield the light source.
(6) 
All outdoor lighting shall be metal halide, light emitting diodes (LED), induction lamps, compact fluorescent or incandescent, unless otherwise approved by the board of jurisdiction.
(7) 
When not necessary for safety and security purposes all outdoor lighting during non-operating hours of the business or use, shall be turned off by 11:00 p.m. or limited to parking areas essential for night use. The use of lights activated by motion-sensor devices is permissible in all parking lots or walking paths.
(8) 
All lighting shall be designed to prevent misdirected or excessive artificial light and to be energy efficient.
(9) 
All light fixtures shall be designed, installed and maintained to prevent light trespass.
(10) 
Illumination levels shall not exceed those recommended in the IESNA Lighting Handbook, 8th Edition, and IESNA publication RP6-88, Sports Lighting.
(11) 
Except for lights located along public or private streets, the maximum height of freestanding lights shall not exceed the height of the principal building, or 14 feet, whichever is less in residential zones, historic districts or properties adjacent to residential zones or uses. In nonresidential zones where the light will not be seen from a residential use a height of up to 20 feet shall be permitted for freestanding lights.
a. 
SC Shopping Center District: In the SC Shopping Center District a mounting height of up to 25 feet shall be permitted for freestanding lights.
[Added 7-27-2021 by Ord. No. 2021-20]
(12) 
The style of the light and light standards shall be consistent with the architectural style of the principal building or surrounding area. Nonresidential uses constructed in residential areas shall maintain a residential character in the type and style of lighting installed. In historic districts the style of the light and light standards shall comply with the district requirements.
(13) 
Floodlight-type fixtures attached to buildings shall be prohibited unless other lighting is not suitable for its intended use.
(14) 
Freestanding lights shall be so located and protected to avoid being damaged by vehicles.
(15) 
All wiring shall be underground.
(16) 
Where allowed to be used for sports or recreational facilities, all lighting fixtures shall comply with the following:
a. 
For field sports such as football, soccer, baseball and track and field, a maximum pole height of 40 feet, but a higher pole height may be approved by a waiver granted by the board of jurisdiction upon a showing of necessity, together with restrictions on use which limit the adverse impacts on surrounding properties.
b. 
The minimum distance of the pole to any property line shall be twice the height of the pole. For example, a forty-foot pole must be a minimum of 80 feet from any property line.
c. 
Light trespass shall not be more than one-tenth foot-candle at any adjacent residential property line measured at grade.
d. 
A berm, landscape buffer, where feasible, shall be required to screen the source of light and the lit object from any adjacent residences.
e. 
When not in use or not later than 10:30 p.m., all lighting shall be turned off unless specifically permitted by the board of jurisdiction.
(d) 
Illuminance requirements.
(1) 
Street lighting. Average maintained illuminances shall not exceed IESNA recommendations listed below and be consistent with safety standards. IESNA average to minimum illuminance uniformity ratios are to be used as a guide for designing safe and adequate roadway lighting. Lighting fixtures shall be chosen to blend into the existing character of the area.
Average Maintained Illuminance
Arterial roadway nonresidential area
1.2 to 1.7 foot-candles
Arterial roadway residential area
0.6 to 0.9 foot-candles
Collector roadway nonresidential area
1.2 to 0.8 foot-candles
Collector roadway residential area
1.6 to 0.4 foot-candles
Local roadway nonresidential area
0.9 to 0.6 foot-candles
Local roadway residential area
0.4 to 0.3 foot-candles
(2) 
Open parking facilities. Lighting fixture shall be chosen to blend into the existing character of the area. Illuminance requirements shall be determined by the location, type of uses, safety and activity levels indicated below. Average illuminance shall not be exceeded. Minimum illuminance shall not be less.
a. 
Some examples of levels of activity may include: High activity area:
Regional shopping centers containing retail space of 200,000 square feet or greater;
Low activity area:
Neighborhood shopping area near residential neighborhoods
School parking lot
Church or place of worship parking
b. 
Maintained horizontal illuminance for open parking facilities based on level of activity.
Level of Activity
General Parking and Pedestrian Traffic Foot-Candles*
(minimum on pavement)
Vehicle Use Area Only Foot-Candles**
(average on pavement)
High
0.5
1.0
Medium
0.3
0.5
Low
0.2
0.5
*
General parking and pedestrian area is defined as one where pedestrian conflicts with vehicles are likely to occur.
**
A vehicle use area only is defined as one where conflicts with pedestrians are not likely to occur (service areas or access roads).
(3) 
Covered parking facilities. Covered parking facilities require lighting both day and night subject to the standards set forth in subsection (c)(7). The standards for roof area lighting of parking garages shall be similar to open parking facilities. Listed below are the recommended maintained horizontal illuminance for covered parking facilities.
Areas
Day Time Foot-Candles
(average on pavement)*
Night Time Foot-Candles
(average on pavement)
General parking and pedestrian areas
5.0
5.0
Ramps and corners
10.0
5.0
Entrance areas
50.0
5.0
*
Sum of electric lighting and daylight.
(4) 
Walkways. Minimum average foot-candles shall be as follows:
a. 
Sidewalks (roadside):
[1] 
Commercial areas: 0.5.
[2] 
Residential areas: 0.2.
b. 
Walkways, stairways and bikeways (distance from roadways: 0.2.
c. 
Entrances and stairways should maintain a minimum average foot-candle of 0.5.
(e) 
Light trespass. All lights fixtures, except street lighting and those used on one or two family dwellings, shall be designed, installed, and maintained to prevent light trespass, as specified below.
(1) 
At the property line of subject property, illumination from light fixtures shall not exceed 0.1 foot-candles on residentially used property or 0.5 foot-candles on non-residential used property, in a vertical plane.
a. 
Exceptions within the SC Shopping Center District: Within the SC Shopping Center District illumination from light fixtures shall not exceed:
[Added 7-27-2021 by Ord. No. 2021-20]
1. 
0.7 foot-candles at the property line abutting non-residential uses;
2. 
The vertical plane illumination measurement requirement shall not apply to the SC Shopping Center District; and
3. 
The requirements of Section 10B-317(e)(1) shall not apply at property lines in the SC Shopping Center District abutting residential uses in the North Harrison Street Redevelopment Area, the PSC Inclusionary Residential Redevelopment Zone or the Harrison/Terhune Redevelopment Zone.
(2) 
Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will be no objectionable direct light emissions.
(3) 
Where a nonresidential use abuts a residential use, the side(s) of the nonresidential building which fronts a residential use must demonstrate that there is adequate screening to buffer the building's interior lights from the residential use or provide interior light opaque window shading.
(4) 
Interior lights in nonresidential buildings not necessary for safety or security purposes shall be turned off after normal business hours.
(f) 
Site plan applications and major subdivision applications. Plans for all lighting other than street lighting shall be submitted in accordance with the following:
(1) 
Description of outdoor lighting fixtures including component specifications such as lamps, reflectors, optics, angle of cutoff, supports, poles, color of lighting and include manufacturers' catalog cuts.
(2) 
Location and description of every outdoor light fixture and hours of operation.
(3) 
Maintained horizontal illuminance shown as foot-candles (after depreciation).
a. 
Maximum.
b. 
Minimum.
c. 
Average, during operating and nonoperating hours.
d. 
Maximum to minimum ratio.
e. 
Average to minimum ratio.
(4) 
Computer generated photometric grid showing foot-candle readings every 10 feet, and the average foot-candles. Small areas may require the average to be computed from positions no greater than five feet apart.
(5) 
Foundation details for light poles.
(6) 
When using IES recommendations, submit supporting documentation.
(g) 
Applicability of lighting standards. The requirements of this section shall apply to any development application approved after the effective date of this section.
(1) 
If the development application is for a developed site and:
a. 
If the existing parking area is being expanded to accommodate 30% or more of the existing number of spaces (but at least five or more spaces); or
b. 
If the square footage of the structure is to be expanded by 30% or more (but at least 1,000 square feet); or
c. 
If more than 40% of the structure or parking area (but at least 1,000 square feet of new structure or five parking spaces) is being substantially renovated, then the new requirements shall apply both to the new and to the existing development on the site.
(2) 
If the development is less than the above, but involves an expansion or renovation project meeting at least 50% of any of the above standards, then the applicant may be required to upgrade its site by expending 50% of the cost of full compliance to be allocated to such elements of the lighting as the board of jurisdiction shall determine.
(3) 
The provisions of section 10B-317 shall continue to apply to all uses which exist as of the date of this new section 10B-317.1 and which are not affected by subsequently filed development applications.
[Ord. No. 856, § 2.]
Any operation involving radiation, i.e., the use of gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other atomic or nuclear particles, shall be permitted only in accordance with chapter 116 of the Laws of 1958 (N.J.S.A. 26:2D-1 et seq.) and the codes, rules and regulations adopted pursuant thereto, as such may be from time to time amended or supplemented.
[Ord. No. 856, § 2.]
It shall be unlawful for any person, firm or corporation to operate or cause to be operated for any purpose, any planned or unplanned source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources of electro-magnetic radiation.