A.
As a condition of approval of any use, occupancy or
other structure, and operation of any process or equipment, the application
shall certify that the use of such specific types of machinery, equipment,
devices, procedures or methods is in compliance with all governmental
laws, statutes, rules and regulations regarding the same. Permits
and certificates required by other governmental agencies shall be
submitted to the Planning Board as proof of compliance with applicable
codes.
B.
For use variances which are required to meet those
performance standards, the Zoning Board of Adjustment shall not issue
a permit for any use, structure, process or equipment until it receives
a report or recommendation from the Planning Board regarding compliance
with the performance standards established herein.
C.
The regulations contained in this section shall not
apply to single-family detached dwellings.
A.
In the event a determination cannot be made at the
time of application that a proposed use, process or unit of equipment
will meet the standards established in this article, the Planning
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, a final certificate of occupancy shall be applied for
and satisfactory evidence submitted that all standards established
by this article have been met.
A.
Definition. A nuisance element is any noise, radioactivity,
vibration, glare, smoke, odor, air pollution or dust which exceeds
the performance standards established under this article.
B.
Locations for enforcement of performance standards.
The determination of the existence of nuisance elements shall be made
at the following locations:
|
Characteristic
|
All Residential Zones and
Uses, Excluding Agricultural
Uses and Commercial Motor
Vehicle Operations
| |
|---|---|---|
|
Smoke
|
Vent or stack
| |
|
Solid particles and fly ash
|
Vent or stack
| |
|
Odors
|
Property line
| |
|
Liquid wastes
|
Building wall
| |
|
Solid wastes
|
Setback lines
| |
|
Radiation
|
Vent or stack
| |
|
Noise
|
Property line
| |
|
Vibration
|
Property line
| |
|
Glare
|
Property line
| |
|
Rust*
|
Vent or stack - property line
| |
|
*For heat, measurement shall be made at the
vent or smokestack for heated air and at the property line for heated
liquid or solid discharge.
| ||
C.
Continued compliance. 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. 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 the New Jersey Air Pollution Control Code, as amended,
or the regulations contained in this article, whichever shall be the
more stringent, shall be complied with.
B.
Toxic materials.
(1)
Toxic materials are any solid, liquid, mist or gaseous
matter containing properties which by chemical means are harmful and
impair health or are capable of causing injury to the well-being of
persons or damage to property.
(2)
The ambient air quality standards for the State of
New Jersey Air Pollution Control Code, as amended, shall be the guide
to the release of airborne toxic materials across lot lines. Where
toxic materials are not listed in the ambient air quality standards
of the State of New Jersey, the release of such materials shall be
in accordance with the fractional quantities permitted of those toxic
materials currently listed in the Threshold Limit Values (TLV) adopted
by the American Conference of Environmental Hygienists. The industrial
performance standard for a toxic substance shall be determined by
applying a multiplier of 2.5 to the industrial TLV. Unless otherwise
stated, the measurement of toxic material shall be at ground level
or habitable elevation and shall be the average of any twenty-four-hour
sampling period.
C.
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 air 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.
D.
Solid particles and fly ash.
(1)
Solid particles. No discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(2)
Open burning. No open burning shall be permitted,
except on qualified farms of no less than five acres in size. Such
open burning shall be limited to herbaceous or infested plant life,
the burning of orchard prunings and the clearing of agricultural land.
The owner of the farm must obtain permits from the State of New Jersey
Forestry Service and the Andover Township Fire Official.
(3)
Incinerators. All incinerators shall be approved by
the State Department of Environmental Protection.
E.
Dust. 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
movement of such vehicles or equipment.
F.
Odors. No noxious odors may be emitted into the atmosphere
in quantities sufficient to be detected without instruments.
A.
Liquid wastes. No liquid industrial waste shall be
discharged into any sewage collection and disposal system unless the
appropriate Township or authority officials shall have first investigated
the character and volume of such waste 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 such 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.
B.
Solid wastes. Each proposed use shall:
(1)
Assume full responsibility for adequate and regular
collection and removal of all refuse, except where the Township assumes
such responsibility.
(2)
Comply with all applicable provisions of the New Jersey
Department of Environmental Protection.
(3)
Comply with all provisions of the State Sanitary Code,
Chapter 8, Refuse Disposal, Public Health Council of the State Department
of Environmental Protection.
(4)
Permit no accumulation on the property of any solid
waste, junk or other objectionable materials.
(5)
Not engage in any sanitary landfill operation on the
property, except as may be permitted by this chapter or other Township
codes and ordinances.
All use 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,
and any codes, rules or regulations promulgated under such Act, as
well as the Radiation Protection Act, N.J.S.A. 26:2D-1 et seq., as
amended, whichever shall be more stringent. In no instance shall any
radiation emit from structures, measured at the outside structure
wall.
A.
The purpose of this section 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.
B.
Measurements, if required under this section, shall be made at the location noted in § 190-78. Measurements, where required, shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute Standard S 1.4-1961, or the latest revision thereof, and S 2.22, or the latest revision. The instrument shall be set to the A-weighted response scale and the meter to the slow response.
C.
The permitted noise level readings of the proposed
use, measured at the measuring line, in any zone shall not exceed
55 dBA during the hours of 7:00 a.m. to 9:00 p.m. and shall not exceed
45 dBA during the hours 9:00 p.m. to 7:00 a.m.
D.
In addition, noise control 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.
In any zone, no vibrations discernible without
instruments at the measuring point shall be permitted.
No single standard for glare is promulgated
in this chapter due to the impracticability 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.
Heat is thermal energy of a radiative, conductive
or convective nature. In any zone, any use or process shall not produce
a temperature rise discernible at the measuring point, or discharge
water into any watercourse which shall produce a temperature increase
of greater than 3º in that watercourse measured at a point 10
feet from the point of discharge.
If it appears that any proposed use, structure,
process or resulting product or material may constitute a fire or
explosion hazard, the Planning Board may require the applicant to
supply proof of:
A.
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.
