A. 
As a condition of approval and the continuance of any use or occupancy of any structure, or the operation of any process or equipment, the applicant shall supply evidence, satisfactory to the municipal agency, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the performance standards contained herein.
B. 
As evidence of compliance, the municipal agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, with the costs thereof to be borne by the applicant.
C. 
The municipal agency 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 assure compliance with the applicable performance standards.
D. 
Permits and certificates required by other government agencies shall be submitted to the municipal agency as proof of compliance with applicable codes.
E. 
If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the municipal agency or Land Use Officer (Zoning Officer) may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant, or specific use in question.
A. 
In the event 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 municipal agency may issue or may recommend issuance of a conditional permit. The conditional permit would 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 30 days after a conditional permit is granted, a certificate of occupancy shall be satisfactory evidence shall be applied for and satisfactory evidence submitted that all standards established by this article have been met.
A. 
Applicability.
(1) 
Prior to construction and operation. Any application for development or building permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this article, and a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
(2) 
For existing structures. Any existing structure or use which is, after the effective date of this chapter, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.
B. 
Continued compliance. Continued compliance with performance standards is required and shall be enforced by the Construction Official or Land Use Officer.
C. 
Termination of violation. All violations shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
D. 
Violation inspection. Whenever, in the opinion of the Construction Official or Land Use Officer, there is a reasonable probability that any use or occupancy violates the regulations of this article, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this article are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements, and analyses.
A. 
The definitions contained in the Noise Control Regulations of the New Jersey Department of Environmental Protection. (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference as if they were set forth at length herein.
B. 
No person shall cause, suffer, allow or permit, nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:
(1) 
Continuous airborne sound which has a sound level in excess of 50 dBA; or
(2) 
Continuous airborne sound which has an octave band sound-pressure level in decibels which exceeds the values listed below in one or more octave bands; or
Octave Band Center Frequency
(Hz)
Octave Band Sound Pressure Level
(dB)
31.5
86
63
71
125
61
250
53
500
48
1,000
45
2,000
42
4,000
40
8,000
38
(3) 
Impulsive sound in air which has an impulsive sound level in excess of 80 decibels.
C. 
The provisions of this section shall not apply to:
(1) 
Agricultural uses.
(2) 
Bells, chimes or carillons while being used in conjunction with religious services.
(3) 
Commercial motor vehicle operations.
(4) 
Emergency energy release devices.
(5) 
Emergency work to provide electricity, water, or other public utilities when public health or safety are involved.
(6) 
National Warning System (NAWAS) signals or devices used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency.
(7) 
Noise of aircraft flight operations.
(8) 
Public celebrations.
(9) 
Public roadways.
(10) 
Stationary emergency signaling devices.
(11) 
The unamplified human voice.
(12) 
The use of explosive devices which are regulated by the New Jersey Department of Labor and Industry under the 1960 Explosive Act (N.J.S.A. 21:1A-1-27).[1]
[1]
Editor's Note: Repealed L. 1960, c. 55. See N.J.S.A. 21:1A-128 et seq.
D. 
In commercial recreation zones, no outdoor loudspeaker, sound system, or other source of airborne sound shall be permitted where the commercial recreation property abuts a residential use or a property zoned for residential uses.
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 municipality. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented and all the following provisions stated, whichever shall be more stringent, shall be complied with:
A. 
Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or 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 no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
B. 
Solid particles.
(1) 
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 Control Code.
(2) 
In any other zone, except industrial zones, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
(3) 
In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
(4) 
No open burning shall be permitted in any zone.
(5) 
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.
In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be 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 1 (Odor Thresholds in Air) in Part 1 (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.
No liquid waste shall be discharged into any watercourse, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Township Engineer, and where required, by the New Jersey Department of Environmental Protection.
All uses in the Township shall:
A. 
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
B. 
Comply with all applicable provisions of the Air Pollution Control Code.
C. 
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Environmental Protection.
D. 
Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.
E. 
Not engage in any sanitary landfill operation on the property.
[1]
Editor's Note: See Ch. 191, Solid Waste.
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 U.S. Atomic Energy Act of 1965, as amended and any codes, rules or regulations promulgated under such Act, as well as the New Jersey Radiation Protection Law, N.J.S.A. 26:2D-1 et seq., as amended, whichever is more stringent.
All activities shall be carried on only in buildings classified as fire resistant by the Building Code of the Township,[1] and as determined by the Fire Department. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Fire Department.
[1]
Editor's Note: See Ch. 90, Construction Codes, Uniform.
A. 
No use may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or the lot line if the enterprise generating the vibration is the only enterprise located on a lot.
B. 
No use may generate any ground-transmitted vibration in excess of the limits set forth in Subsection E. Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table set forth in Subsection D.
C. 
The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
D. 
The vibration maximum set forth in Subsection E stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
PV = 6.28 F x D
Where:
PV = Particle velocity, inches-per-second
F = Vibration frequency, cycles-per-second
D = Single amplitude displacement of the vibration, inches.
The maximum velocity shall be the vector sum of the three components recorded.
E. 
The maximum ground-transmitted vibration shall be 0.2 particle velocity, inches per second.
F. 
The values stated in Subsection E may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.
G. 
Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 9:00 p.m. shall be exempt from the requirements of this section.
There shall be no electromagnetic interference that:
A. 
Adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference; or
B. 
Is not in conformance with the regulations of the Federal Communication Commission.
Every use and activity shall be so operated that it does not raise the ambient temperature more than 2ºC. at or beyond the boundary of any lot line.
Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 footcandle in residential districts.