A.
As a condition to the approval of any subdivision,
site plan, construction permit, certificate of occupancy, certificate
of zoning compliance, variance, conditional use or continuance of
a nonconforming use, the applicant shall supply evidence, satisfactory
to the appropriate officer or board, that the proposed use, structure,
process or equipment will conform fully with all of the applicable
standards stated in this article and governing control over nuisances.
As evidence of compliance, approving authorities may require certification
of tests by appropriate government agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant. The
approving authority may require that specific types of equipment,
machinery or devices be installed or that specific operating 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 ensure compliance with the applicable performance
standards. Permits and certificates required by other government agencies
shall be submitted to the approving authority as proof of compliance
with applicable codes.
B.
For conditional uses or for use variances which must
meet these performance standards, the Planning Board or Board of Adjustment
shall neither approve nor recommend approval of any use until it receives
an affidavit from the applicant that all performance standards established
in this article have been complied with.
A.
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 in this article, the appropriate
official or board may issue a conditional approval. The conditional
approval would be based on submission of evidence that the proposed
use, process or equipment will meet the standards established in this
article after completion of installation and operation.
B.
Within 30 days after such installation is complete,
the applicant shall apply for a certificate of occupancy and give
satisfactory evidence that all standards established by this article
have been met.
A.
Definition. A "nuisance element" is any noise, radioactivity,
vibration, surface or drainage water runoff, glare, smoke, odor, air
and water pollution, dust, unsightliness or filth which exceeds the
performance standards established under this article.
B.
Location of determination. The determination of the
existence of nuisance elements shall be made at the following locations:
|
Nuisance
Characteristic
|
Determination Location
|
|---|---|
|
Smoke
|
Vent or smokestack
|
|
Solid particles
|
Vent or smokestack
|
|
Odors
|
Property line
|
|
Liquid wastes
|
Building wall
|
|
Solid wastes
|
Building wall
|
|
Radiation
|
Vent or smokestack
|
|
Noise*
|
Required setback line
|
|
Vibration
|
Building wall
|
|
Glare
|
Building wall
|
|
Heat/gas/vapors
|
Vent or smokestack/ required setback line
|
|
Runoff
|
Property line
|
A.
Air pollution.
(1)
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 here in the Borough. The state Air
Pollution Control Code, as augmented by regulations contained in this
article, shall be complied with. Where there is any discrepancy in
standards between this article and the Sanitary Code,[1] as set forth in this Code, the more restrictive shall
apply.
(2)
In any nonresidential zone, no smoke, the shade or
appearance of which is darker than No. 1 of the Ringelmann Smoke Chart
(20% level), shall be emitted into the open air from any fuel-burning
equipment; provided, however, that smoke emitted during the cleaning
of a fire box or the building of a new fire, the shade or appearance
of which is not darker than No. 2 of the Ringelmann Smoke Chart (40%
level), may be permitted for a period or periods aggregating no more
than three minutes in any 15 consecutive minutes.
(3)
In any zone, no discharge of solid particles through
a stack duct or vent shall be permitted that is greater than 25% of
the allowable emission in pounds per hour established by Chapters
7 and 8 of the State Air Pollution Control Code. No open burning shall
be permitted in any zone. All incinerators shall be approved by the
State Department of Health.
(4)
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 sufficiently to prevent the generation of dust
from the movement of such vehicles or equipment, subject to approval
of the Borough Engineer.
(5)
In any zone, no odorous material may be emitted into
the atmosphere in quantities sufficient to be detected without instruments.
B.
Wastes.
(1)
No liquid waste shall be discharged into any watercourse
in the Borough except as provided in this article. If the applicant
proposes to construct facilities for the treatment of waste, he shall
supply:
(a)
A statement by the State 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
municipal 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 waste, the installation of processing
methods, the separation or screening of wastes, the control of pH
and other methods of improving such wastes prior to discharge, as
a condition to the approval of such facilities.
(2)
Each use shall assume the following responsibilities
for solid waste disposal:
(a)
To provide adequate and regular collection and
removal of all refuse, except if the Borough assumes the responsibility.
(b)
To comply with all applicable provisions of
the Air Pollution Control Code.
(c)
To comply with all provisions of the state Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council or the State Department of Health.
(d)
To permit no accumulation on the property of
any solid waste, junk or other objectionable materials.
(e)
To not engage in any sanitary landfill operation
on the property, except as may be permitted by other Borough Code
regulations.
C.
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, Chapter 116, Public Laws 1958,
as amended, whichever shall be the more stringent.
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 that 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.
Heat. Heat is thermal energy of a radioactive, conductive
or convective nature. In any zone, any use or process shall not produce
a temperature rise discernible at the measuring point, nor discharge
water into any watercourse which shall produce a temperature increase
of greater than 3° in that watercourse.
H.
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 materials 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 Borough Fire Chief that the applicant
has complied with all applicable Borough fire prevention regulations.
I.
Water runoff. Drainage from one property must be so controlled as not to do damage to adjoining properties or adversely affect the community at large. Volumes, velocity of flow and design standards for handling surface water runoff, both on- and off-site, will be thoroughly considered before any site plan or subdivision approval can be granted and will be controlled by the Borough Surface Water Management Plan. (See Chapter 215.)
