[Amended 5-17-1982; 2-4-1985]
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 supply evidence, satisfactory to the
Planning Board or its designated representative, that the proposed
use, structure, process or equipment will conform fully with all of
the applicable performance standards. As evidence of compliance, the
Planning Board may require certification of tests by appropriate government
agencies or by recognized testing laboratories, any costs thereof
to be borne by the applicant. The Planning Board may require that
specific operation procedures or methods be followed if the 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 are required in order to
assure compliance with the applicable performance standards. Permits
and certificates required by other government agencies shall be submitted
to the Planning Board as proof of compliance with applicable codes.
B.
The Planning Board may require that instruments and/or
other devices be used to determine compliance with all applicable
performance standards of an existing use, and the cost shall be incurred
by the specific use in question.
C.
All applications for conditional uses and use variances
which must meet the performance standards of this Article shall include
necessary documentation indicating compliance with the performance
standards established herein.
D.
In the event that a determination cannot be made at
the time of application that a proposed use, process or piece of equipment
will meet the standards established herein after completion or installation
and operation. Within 30 days after a conditional permit is granted,
a certificate of occupancy shall be applied for and satisfactory evidence
submitted that all standards established by this Article have been
met.
A.
Noise.
(1)
Any noise produced on the premises shall not be in
excess of standards listed below when measured at any property line
of the lot on which the use is located:
|
Frequency Band
(cycles per second)
|
Sound Pressure Level
(decibels re 0.002 dyne/cm)
| |
|---|---|---|
|
20 to 75
|
69
| |
|
75 to 150
|
54
| |
|
150 to 300
|
47
| |
|
300 to 600
|
41
| |
|
600 to 1,200
|
37
| |
|
1,200 to 2,400
|
34
| |
|
2,400 to 4,800
|
31
| |
|
4,800 to 10,000
|
28
|
(2)
If the noise is not smooth and continuous but is of
an impulsive or periodic character, the decibel levels indicated above
shall be reduced by 15%.
B.
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 Code, as amended and
as augmented by regulations hereinafter designated as the "code,"
and all the following provisions stated, whichever shall be the more
stringent, shall be complied with:
(1)
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 cleaning of a firebox
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 30 consecutive minutes.
(2)
Solid particles.
(a)
In any residential zone, 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 Code.
(b)
In any remaining zone, the allowable discharge
shall be 75% of the allowable emission permitted by the code.
(c)
No open burning shall be permitted in any zone.
(d)
All incinerators shall be approved by the State
Department of Health.
(e)
No solid fuel shall be used to heat or cool
any building or used in any process.
(f)
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.
(3)
Odors. In any zone, no odorous material may be emitted
into the atmosphere in quantities sufficient to be detected without
instruments. Any process which may involve the creation or emission
of any odors shall be provided with a secondary safeguard system,
so that control will be maintained. Table I (Odor Thresholds in Air)
in Part I (Odor Thresholds for 53 Commercial Chemicals) of Research
on Chemical Odors, copyrighted October 1968 by the Manufacturing Chemists
Association, Inc., Washington, D.C., shall be used as a guide in determining
quantities of offensive odors.
C.
Liquid waste. No liquid waste shall be discharged
into any watercourse in the Township except as herein provided. If
the applicant proposes to construct facilities for the treatment of
waste, he shall supply:
(1)
A statement by the New Jersey Department of Health
that such proposed facilities are in compliance with applicable state
laws and regulations.
(2)
Approval of the installation of such facilities by
the appropriate officials. No liquid waste shall be discharged into
the public sewage collection and disposal system unless the appropriate
municipal or authority officials shall have first investigated the
character and volume of such waste and shall have certified that the
system is adequate to receive the liquid waste. The applicant shall
comply with any requirements of said 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.
D.
Solid waste. All uses in the Township shall:
(1)
Assume full responsibility for adequate and regular
collection and removal of all refuse except if the Township assumes
the responsibility.
(2)
Comply with all applicable provisions of the Air Pollution
Control Code.
(3)
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Health.
(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 other Township codes and ordinances.
E.
Radiation. 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, P.L. 1958, c. 116, as amended,[1] whichever shall be more stringent.
[1]
Editor's Note: See N.J.S.A. 26:2D-1 et seq.
F.
Fire and explosion hazards. 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:
(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 appropriate Township fire prevention
officer that the applicant has complied with all applicable Township
fire prevention regulations.
G.
No activity shall be maintained on the premises which
will produce heat or glare beyond any property line.
H.
No machinery or operation shall be permitted which
shall cause perceptible earthshaking vibration beyond the property
lines of the lot on which the use is located.
I.
Storage of flammable material. The storage of all
flammable and combustible liquids and gases shall be subject to approval
by the North Brunswick Fire Prevention Bureau.
K.
Lighting and illumination. Artificial lighting or
illumination provided on any property or by any use shall adhere to
the following standards:
(1)
The illumination provided by artificial lighting shall
not exceed 0.5 footcandle beyond any property line.
(2)
Spotlights or other types of artificial lighting that
provide a concentrated beam of light shall be so directed that the
beam of light does not extend beyond any property line.
(3)
Spotlights or other types of artificial lighting used
to illuminate signs or building faces shall be located above the areas
they illuminate and shall not emit beams of light that are directed
above the horizontal plane of light of the light source.
