As a condition to approval and as a condition
to the continuance of any business or industrial use or building,
process, installation, production or other use in any district, the
applicant shall supply evidence, satisfactory to the Building Inspector
or to his designated representative, that the proposed building, process,
installation, production or other use will conform fully to all of
the applicable performance standards. As evidence of compliance, the
Building Inspector may require certification of tests by appropriate
government agencies or by recognized testing laboratories, any costs
thereof to be borne by the applicant. The Building Inspector 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.
A.
No use shall be established, maintained or conducted
that will cause any of the following:
(1)
Dissemination of toxic or noxious smoke, fumes, gas,
dust, odor or any other atmospheric pollutant into the air to such
a degree as to be detrimental to the health and welfare of residents
in the area, as determined by state, regional or local requirements.
(2)
Discharge of any waste material whatsoever on the
site or into any watercourse, except in accordance with state, regional
or local requirements.
(3)
Dissemination of glare, vibration and/or noise beyond
the immediate site on which such use is conducted and in accordance
with this chapter establishing noise, performance and vibration standards.
(4)
A hazard by reason of fire, explosion, radiation or
similar cause to property in the same or adjacent districts or zones.
Safeguards for the health and safety of workers shall comply with
all applicable regulations and requirements of the State Department
of Labor and Industry.
B.
All applications shall be examined by the City of
Rahway, Department of Health, with regard to the effect of the proposed
use upon the public health of the residents of the City and the surrounding
area with respect to any potential pollution of air resulting from
the dissemination of smoke, chemicals, odors or dust from the industrial
processes of the proposed use. A written report indicating the conformance
with or violation of the performance standards shall be submitted
to the Building Inspector.
No liquid waste shall be discharged directly
or indirectly into any watercourse in the municipality, except as
herein provided. If the applicant proposes to construct facilities
for the treatment of waste, he shall supply the following:
A.
Certification, in writing, by the New Jersey Department
of Environmental Protection that such proposed facilities are in compliance
with applicable state laws and regulations.
B.
Certification, in writing, by the Director of Public
Works of the City of Rahway approving the installation of such facilities.
No industrial waste shall be discharged into
the public sewage collection and disposal systems unless the Director
of Public Works and the Rahway Valley Sewerage Authority shall have
first investigated the character and volume of such waste and shall
have certified, in writing, that they will accept the discharge of
such waste material into the system. The applicant shall comply with
any requirements of said authorities, 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 to acceptance by said
authorities.
Each industrial use shall conform to the appropriate
codes of the State of New Jersey and the City of Rahway.
No materials or wastes shall be deposited upon
a lot in such form or manner that they may be transferred off the
lot by natural causes or forces, nor shall any substance which can
contaminate a stream, watercourse or underground aquifer be allowed
to enter any stream, watercourse or underground aquifer. All materials
or wastes which might cause fumes or dust or which constitute a fire
or explosion hazard or which might be edible or otherwise attractive
to rodents or insects shall be stored indoors in appropriate containers
adequate to eliminate such hazards.
A.
When measured at any point along a lot line, the sound-pressure
level radiated continuously from a facility between the hours of 10:00
p.m. and 7:00 a.m. shall not exceed the following in any octave band
of frequency:
|
Frequency Band Cycles
(per second)
|
Sound-Pressure Level
(decibels re 0.0002 microbar)
| |
|
20 - 75
|
72
| |
|
75 - 150
|
67
| |
|
150 - 300
|
59
| |
|
300 - 600
|
59
| |
|
600 - 1,200
|
46
| |
|
1,200 - 2,400
|
40
| |
|
2,400 - 4,800
|
34
| |
|
4,800 - 9,600
|
32
|
B.
If the noise is not smooth and continuous and is not
radiated at nighttime, one or more of the following corrections shall
be added to or subtracted from each of the decibel levels given above:
|
Type of Operation or
Character of Noise
|
Correction
(in decibels)
| |
|---|---|---|
|
Daytime operation only
|
+5
| |
|
Noise source operates less than 20% of the time
|
+5*
| |
|
Noise source operates less than 5% of the time
|
+10*
| |
|
Noise source operates less than 1% of the time
|
+15*
| |
|
Noise of impulsive character (hammering, etc.)
|
-5
| |
|
Noise of periodic character (hum, screech, etc.)
|
-5
|
|
* Apply any of these corrections only.
|
C.
The sound-pressure level shall be measured with a
sound-level meter conforming to American Standard Specifications for
General Purpose Sound-Level Meters, SI.4-1961, Rev. of 224.3-1944,
and to an octave band analyzer conforming to the American Standard
Specification for an Octave Band Filter Set for the Analysis of Noise
and Other Sounds, Z-24.10-1953.
D.
Noises incapable of being so measured, such as those
of an irregular and intermittent nature, shall be controlled so as
not to become a nuisance.
No process or use shall be permitted that produces
heat to the extent that such heat has an adverse effect of any kind
upon adjoining properties and uses. Any process or use that produces
high temperatures within its own building shall comply with applicable
regulations of the State Department of Health and any municipal ordinances.
Any process producing intense glare or flashing
of lights shall be performed within a completely enclosed building
in such a manner that no discomforting glare shall be disseminated
beyond the building. No sky-reflected or indirect glare shall be permitted
if any operation is to be conducted in any area outside of a building,
except where required for safety purposes. Lighting of any interior
roadway or driveway shall conform to American Standard Practice for
Roadway Lighting, ASA D12.1.-1963, sponsored by the Illuminating Engineering
Society and published by the Illuminating Engineering Society, with
spacing and type of luminaire such that spill light shall be kept
at a minimum and glare controlled with lenses, louvers or shields
so as to minimize objectionable glare to any point beyond the lot
line. Parking and loading and unloading areas that are in use after
dark shall be so situated so as to provide maximum shielding and concealment
of lighting from adjoining properties. Luminaries for lighting of
any sign, building exterior, fountain or decorative fixture shall
be placed in such a manner that the lighting is directed only toward
the object to be lighted and does not disseminate glare. This section
shall not be construed to prohibit lighting required by police or
other enforcement agencies for the safety and protection of employees
and of the general public.
A.
In order to satisfy itself that the applicant will
fully comply with all of the applicable performance standards, the
Planning Board or its designated representative may examine and refer
to any or all of the available standards, codes, regulations and requirements,
including, but not necessarily limited to:
(1)
Laws, regulations and codes administered by the New
Jersey State Department of Health.
(2)
Laws, regulations and codes administered by the New
Jersey Department of Labor and Industry.
(3)
State of New Jersey Uniform Building Code.
(4)
Applicable standards of the United States Public Health
Service.
(5)
Applicable standards of the Bureau of Mines, United
States Department of the Interior.
(6)
Applicable standards of the American Conference of
Industrial Hygienists.
(7)
Applicable standards of the Manufacturing Chemists
Association.
(8)
Laws, regulations and codes administered by the New
Jersey Department of Environmental Protection.
B.
If there is a conflict of the foregoing with local
codes, the more restrictive shall apply.
In the judgment of the Planning Board, in accordance
with the spirit and intent of this chapter, the following design criteria
shall be adhered to in each and every case, except where otherwise
provided:
A.
Traffic access. All proposed site traffic accessways
are adequate but not excessive in number; adequate in grade, width,
alignment and visibility; and not located too near street corners,
entrances to schools or places of public assembly; and other similar
considerations.
B.
Circulation and parking. Interior circulation is adequate
and that all required parking spaces are provided and are easily accessible.
All off-street parking and loading areas shall be surfaced with asphaltic,
bituminous, cement or other properly bound pavement and kept in a
clean, orderly and dust-free condition.
[Amended 4-11-2005 by Ord. No. O-11-05]
C.
Lighting. All exterior lighting devices shall be arranged
so as to reflect the light away from adjoining premises. No rotating
or flashing signs or lights shall be permitted.
D.
Drainage, water supply and sewage disposal facilities.
All development shall be provided with adequate water supply, sewage
disposal and drainage facilities in accordance with the city requirements.
E.
Disposal of usable open space. Usable open space shall
be so arranged as to ensure the health and safety and to promote the
general welfare.
F.
Arrangement of buildings. Adequate provision shall
be made for light, air, access and privacy in the arrangement of buildings.
G.
Landscaping. Landscaping, where required, shall be
provided in order to enhance and protect the natural and scenic qualities
of the land. Where adjacent land use dictates, screening and buffer
areas shall be required.
