All nonresidential uses, either existing or
proposed, shall be subject to the following standards.
A.
Prior to commencement of construction and/or operation.
Any application for a building permit or a certificate of occupancy
for a use which shall be subject to performance standards shall be
accompanied by a sworn statement by the owner of subject property
that said use shall be operated in accordance with the performance
standards set forth herein.
B.
Continued compliance. Continued compliance with performance
standards shall be required and enforcement of continued compliance
with these performance standards shall be enforced by the Construction
Official, Borough Engineer, Health Officer and Fire Prevention Bureau.
The location where determinations are to be
made for measurement of performance standards shall be made as follows:
A.
Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in § 101-31 herein.
B.
Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in § 101-31 herein.
C.
Smoke.
(1)
The emission standard of this chapter or as promulgated
by the New Jersey Department of Environmental Protection, whichever
is more restrictive, shall pertain.
(2)
No emission shall be permitted, from any chimney or
otherwise, of visible gray smoke at a shade equal to or darker than
No. 1 on the Power's Micro-Ringelmann Chart, published by McGraw Hill
Publishing Company, Inc., copyright 1954, being a direct facsimile
reduction of a standard Ringelmann Chart as issued by the United States
Bureau of Mines.
(3)
The provisions of this subsection shall not apply
to:
(a)
Visible gray smoke of a shade not darker than
No. 2 of said chart which may be emitted for not more than four minutes
in any thirty-minute period.
(b)
Smoke resulting from any fire ignited solely
for the purpose of training or research in fire prevention or protection.
(c)
Smoke from locomotives, the shade or appearance
of which is equal to but not darker than No. 3 of the Power's Micro-Ringelmann
Chart for a period or periods aggregating no more than 30 seconds
in any three consecutive minutes, or smoke of said density for a period
aggregating no more than four minutes in any 15 consecutive minutes
when building a new fire.
(d)
Household fireplaces.
D.
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive as measured as set forth in § 101-31.
E.
Fly ash and dust. No emission of any fly ash or dust
shall be permitted to be discharged from any stack, chimney or by
other means into the open air in excess of the quantity set forth
in regulations promulgated by the New Jersey Department of Environmental
Protection.
F.
Noise.
(1)
There shall be no noise from any source, other than
transportation facilities or temporary construction work, which shall
exceed the values given in the following table in any octave band
or frequency. The sound level analyzer that conforms to the specifications
published by the American Standard Sound Level Meters for Measurement
of Noise and Other Sounds Z24.3-1944, American Standards Association,
Inc., New York, New York and the American Standard Specifications
for an Octave-band Filter Set for the Analysis of Noise and Other
Sounds Z24.10-1953, American Standards Association, Inc., New York,
New York shall be used.
|
Frequency Band
in Cycles
per Second
|
Sound Pressure Level
in Decibels
Re 0.0002 dyne-cm (2)
| |
|---|---|---|
|
0 to 75
|
65
| |
|
75 to 150
|
50
| |
|
150 to 300
|
44
| |
|
300 to 600
|
38
| |
|
600 to 1,200
|
35
| |
|
1,200 to 2,400
|
32
| |
|
2,400 to 4,800
|
29
| |
|
Above 4,800
|
26
|
(2)
If objectionable noises due to intermittence, beat
frequency or hammering exist or if the noise is not smooth and continuous,
corrections shall be made to the above tables by subtracting five
decibels from each decibel level given.
G.
Radioactivity or electrical disturbance. No activities
shall be permitted which emit dangerous radioactivity. No activities
shall be permitted where electrical disturbances adversely affect
the operation of any equipment. All applicable federal and state regulations
shall be complied with.
H.
Fire and explosion hazard.
(1)
All activities involving storage of flammable and
explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion and adequate fire-fighting
and fire-suppression equipment and devices standard in this industry.
Burning of waste materials in open fires is prohibited. The relevant
provisions of state and local laws and regulation shall also apply.
(2)
All raw materials, fuels and finished products shall
be stored in underground tanks. The storage of crude oil or any other
volatile or inflammable liquid in aboveground tanks with individual
capacity greater than 500 gallons is prohibited.
I.
Liquids or solid waste. There shall be no discharge
of any wastes of any kind into any river, reservoir, pond or lake.
The discharge of untreated wastes into any streams shall also be prohibited.
All methods of sewage and industrial waste treatment and disposal
shall be approved by the Borough and the New Jersey State Department
of Environmental Protection.
