[Amended by Ord. No. 12-1981]
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 compliance with the following
performance standards. Permits and certificates required by other
government agencies shall be submitted to the Board as proof of compliance
with applicable codes.
B.
For use variances which must meet these performance
standards, the Zoning Board of Adjustment shall not issue a permit
for any use, structure, process or equipment until it receives certification
from the applicant regarding compliance with the performance standards
established herein.
C.
The regulations contained in this section shall not
apply to farms or one-family 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.
In the event a determination cannot be made at the
time of application that a proposed use, process or equipment will
meet the standards established in this section, the Board may recommend
issuance of a temporary certificate of occupancy. The temporary certificate
of occupancy shall be based on submission of evidence that the proposed
use, process or equipment will meet the standards established herein
after completion or installation and operation.
B.
Within 60 days after a temporary certificate of occupancy
is granted, satisfactory evidence shall be submitted to the Construction
Official that all standards established by this section have been
met. No such final certificate of occupancy shall be issued until
all conditions are satisfied.
A.
The determination of the existence of nuisance elements
shall be made at the following locations:
|
Nuisance Characteristics
|
Location of Test
| ||
|---|---|---|---|
|
Smoke
|
Vent or smokestack
| ||
|
Fly ash, dust, fumes, vapors, gases
|
Vent or smokestack
| ||
|
Odors
|
Setback line
| ||
|
Liquid waste
|
Setback line
| ||
|
Solid waste
|
Setback line
| ||
|
Radiation, atomic
|
Vent or smokestack
| ||
|
Noise
|
Setback line
| ||
|
Vibration
|
Building wall
| ||
|
Glare
|
Setback line
| ||
|
Temperature change:
| |||
|
Gas
|
Vent or smokestack
| ||
|
Liquid or solid
|
Setback line
| ||
B.
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 Title 7, Chapter 27 of the New Jersey Administrative Code, or the
regulations contained in this section, whichever shall be the more
stringent, shall apply.
(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 area 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. Smoke emissions from the combustion of
fuel in mobile sources and from stationary internal combustion engines
shall not exceed the limits set forth in Title 7, Chapter 27 of the
New Jersey Administrative Code.
(3)
Solid particles, fly ash, dust, fumes, vapors and
gases.
(a)
In any zone, no discharge through a stack, duct
or vent shall be permitted that is greater than 50% of the allowable
emissions established by Title 7, Chapter 27, of the New Jersey Administrative
Code.
(b)
Any open burning shall require approval by the
appropriate authority.
(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 stabilized
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.
B.
Wastes.
(1)
Liquid wastes. No liquid waste shall be discharged
into any watercourse in the Township. If the applicant proposes to
construct facilities for the treatment of waste, he 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 Sewerage Authority 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 the 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 waste. Each property owner shall be responsible
for:
(a)
Adequate and regular collection and removal
of all refuse except where the Township assumes such responsibility.
(b)
Compliance with all applicable provisions of
the New Jersey Department of Environmental Protection.
(c)
Compliance with all provisions of Title 7, Chapter 26, of the New Jersey Administrative Code where appropriate.
(d)
No accumulation on the property of any solid
waste, junk or other objectionable materials.
C.
Radiation. All uses 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, as well as the Radiation Protection Act, Chapter 116, P.L. 1958, as amended,[1] and Title 7, Chapter 28, of the New Jersey Administrative
Code, 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 shall be made by a competent acoustical
engineer using equipment meeting the United States of America Standards
Institute Standard 1.4-1961 or the latest revision thereof and S 2.22
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 during the period when the proposed use shall
be operated.
(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 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.
(6)
Motor vehicles shall not be operated anywhere in the
Township without the manufacturer's installed standard noise-muffling
apparatus or its equivalent in place and operative.
(7)
The maximum continuous airborne sound set forth in
Title 7, Chapter 29, of the New Jersey Administrative Code shall not
be exceeded.
E.
Vibration. In any zone, no vibrations discernible
without instruments at the measuring point shall be permitted.
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.
Temperature change. In any zone, any use or process
shall not produce a temperature change in the ambient air discernible
at the measuring point greater than 3° measured at a point 10
feet from the point of discharge.
H.
Fire and explosive hazards. If it appears that any
proposed use, structure, process or resulting product or material
may constitute a fire or explosion hazard, the 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 Lebanon Fire Department
that the applicant has complied with all applicable Township fire
prevention regulations.
