A.
General intent. As a condition of approval for any
building or use, and as a condition of continued occupancy of any
building or installation utilized for nonresidential purposes, the
applicant shall supply evidence satisfactory to the Board or to the
Construction Official, whichever is applicable, that the proposed
building or installation shall conform fully with all of the applicable
performance standards established herein. As evidence of compliance,
the Board may require certification of tests by appropriate government
agencies or by recognized testing laboratories, all costs to be borne
by the applicant. The Board may require that specific types of equipment,
machinery or devices be installed or that specific operating procedures
or methods be followed if 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
is 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.
Industrial sewage waste. No industrial waste shall
be discharged into the public sewage collection and disposal system
unless the appropriate official of the Borough of Middlesex shall
have first investigated the character and volume of such waste and
shall have certified that it will accept the discharge of the waste
material into the system. The applicant shall comply with any requirements
of the Borough, including the pretreatment of such waste, control
of pH and other methods of improving such waste prior to discharge.
All methods of sewage and industrial waste treatment and disposal
shall be approved by the Borough, the New Jersey Department of Environmental
Protection and the New Jersey State Health Department.
[Amended 6-29-1993 by Ord. No. 1285]
C.
Solid waste. All nonresidential uses in the Borough
shall assume full responsibility for adequate collection, recycling
and disposal of refuse. No junk or solid waste shall be permitted
to accumulate on the property.
[Amended 6-29-1993 by Ord. No. 1285]
D.
Noise and vibration. All uses and activities shall
comply with noise and vibration standards promulgated by the New Jersey
Department of Environmental Protection. Further, no use shall cause
an increased vibration beyond the limits of the property on which
located, nor increase the ambient noise level present at boundaries
of the site.
E.
Heat. No use shall be permitted that produces heat
to the extent that such temperature has an adverse effect of any kind
upon adjoining properties and uses.
F.
Lighting.
[Amended 6-29-1993 by Ord. No. 1285; 9-27-2016 by Ord. No. 1898]
(1)
Purpose and scope.
(a)
Regulation of outdoor lighting and recreational lighting is
necessary to prevent the cause of unnecessary sky glow, to prevent
light intrusion and to reduce unnecessary glare caused by inappropriate
or misaligned light fixtures and/or the inappropriate location of
light poles. These standards are intended to save energy and reduce
costs and to preserve and protect adjacent properties and motorists
from negative lighting impacts.
(b)
All municipally owned property shall be exempt from the provisions
of the lighting section of this section.
(2)
Standards. All outdoor light fixtures installed and thereafter maintained
shall comply with the following requirements:
(a)
The maximum height of all light fixtures shall not exceed 15
feet, except in commercial and industrial properties the height of
light fixtures shall not exceed 25 feet.
(b)
Site lighting shall not include any up-lighted fixture; however,
decorative landscape lighting shall be permitted, provided it is shielded
to prevent light intrusion and glare.
(c)
All light fixtures shall be designed, installed and maintained
to prevent light intrusion.
(d)
Any business or commercial process producing intense glare or
flashing lights shall be performed within a completely enclosed building
and in such a manner that no glare shall disseminate beyond the building.
(e)
(Reserved)
(f)
Exception: Light fixtures used to illuminate the state or the
national flag mounted on a pole, pedestal or platform shall use a
narrow column beam of light that will not extend beyond the maximum
extensions of the illuminated object.
(g)
Only shielded light fixtures shall be used. Any fixture mounted
above 10 feet shall have no more than 10% of its light distribution
at a vertical angle of 80° above nadir (the lowest point) and
2.5% at an angle of 90° above nadir (the lowest point).
(h)
Where used for commercial and industrial purposes or for sports
or recreational facilities, all light fixtures shall be equipped with
automatic timing devices and shall comply with the following:
[1]
Externally illuminated building identification or other signs
shall only use shielded light fixtures mounted on top of the sign
structure; however, monument-type signs may be lit from the ground,
provided adequate shielding is provided around the ground light to
prevent glare and light intrusion.
[2]
All other outdoor lighting shall use shielded light fixtures.
(i)
Illumination levels shall not exceed those recommended in the
IESNA Lighting Handbook, 8th Edition, as amended from time to time.
These regulations provide the maximum permissible light level; it
may be appropriate to use lighting levels less than the maximum specified
in the IESNA.
(j)
The design and installation of outdoor lighting on a site shall
be constructed so as to conform to the following standards:
[1]
During nonoperating hours of the business on site all outdoor
lighting not necessary for safety and security purposes shall be reduced,
activated by motion-sensor devices or turned off. Building-mounted
business identification and trademark signs may remain on beyond business
hours; however, freestanding signs shall be turned off after business
hours.
[2]
All lighting shall be designed to prevent misdirected or excessive
artificial light.
(k)
All light fixtures shall be designed, installed and maintained
to prevent light intrusion.
(l)
Luminance requirements.
[1]
Street lighting. Average maintained luminance shall not exceed
IESNA recommendations. IESNA average to minimum luminance uniformity
ratios are to be used for design roadway lighting.
[2]
Outdoor parking facilities. Average maintained luminance and
uniformity ratios shall not exceed IESNA recommendations.
[4]
All outdoor lighting on commercial or industrial properties
that are adjacent to or across the street from residential districts
and/or residential uses must employ lighting techniques to mitigate
the impact of the outdoor lighting on the residential districts or
uses.
(m)
The style of the light and light standards shall be consistent
with the architectural style of the principal building or surrounding
area.
(n)
Floodlight-type fixtures shall be prohibited except in residential
properties where floodlights on motion sensors may be used for home
security purposes.
(o)
Freestanding lights shall be so located and protected to avoid
being damaged by vehicles.
(p)
The maximum illumination at property lines shall be 0.1 footcandle
at grade.
(q)
All wiring shall be laid underground.
(r)
No lighting shall be of a yellow, red, green or blue beam nor
be of a rotating, pulsating or other intermittent operation.
(s)
Bare bulbs, tubes and rope lights and strip lights are prohibited.
(t)
Light intrusion. No single standard for glare or light intrusion
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 glazing,
roadway and walkway lighting shall be designed, constructed and maintained
in such a manner as not to be a nuisance to surrounding uses.
G.
Fire and explosion hazard. No use shall be permitted
which results in a fire or explosion hazard beyond the limits of the
property occupied by said use.
H.
Hazardous and toxic substances and chemicals.
(1)
No use or process shall be permitted which stores
or utilizes any substance classified by the Department of Environmental
Protection as toxic or hazardous unless in compliance with all applicable
state and federal requirements, and further provided that proposed
spill containment and storage and diking plans shall be certified
by independent experts hired by the Board, all costs to be borne by
the applicant.
(2)
In addition, all new underground tanks used to store
hazardous chemicals shall include an outer, or secondary, container.
I.
Additional standards and references. In order to satisfy
itself that the applicant will comply fully with all of the applicable
performance standards, the Board or its designated representative
may examine and refer to any or all of the available standards, codes,
regulations and requirements of federal, state, county or local government
and recognized professional organizations, associations and societies.
J.
Testing procedures and technical assistance. In all
cases where the Planning Board shall deem that it is advisable to
determine whether or not the facility will be in conformance with
applicable performance standards, the Planning Board or its designated
representative shall require adequate testing procedures and utilize
expert assistance at the expense of the applicant.
K.
Odors. There shall be no emission of odorous gases
or other odorous matter as to be offensive beyond the property line
of the lot occupied by the use.
[Added 6-29-1993 by Ord. No. 1285]
