A.
As a condition of approval and the continuance of
any use, occupancy of any structure and operation of any process or
equipment, the applicant shall certify 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. Permits and certificates required by other government agencies
shall be submitted to the Planning Board as proof of compliance with
applicable codes.
B.
For use variances which are required to meet those
performance standards, the Zoning Board of Adjustment shall not issue
a permit for any use, structure, process or equipment until it receives
a report or recommendation from the Planning Board regarding compliance
with the performance standards established herein.
C.
The regulations contained in this section shall not
apply to single-family detached dwellings.
A.
In the event that a determination cannot be made at
the time of application that a proposed use, process or unit of equipment
will meet the standards established in this section, the Planning
Board may recommend issuance of a temporary certificate of occupancy.
The temporary certificate of occupancy shall be based on submission
of evidence that the proposed use, process or equipment will meet
the standards established herein after completion of installation
and operation.
B.
Within 60 days after a temporary certificate of occupancy
is granted, a final certificate of occupancy shall be applied for
and satisfactory evidence submitted that all standards established
by this section have been met.
A.
Definition of nuisance elements. A nuisance element
is any noise, radioactivity, vibration, glare, smoke, air pollution
and dust, which exceed the performance standards established under
this section.
B.
Locations where determinations are to be made for
enforcement of performance standards. The determination of the existence
of nuisance elements shall be made at the following locations:
|
Characteristic
|
All R Zones
|
All Nonresidential Zones
| |
|---|---|---|---|
|
Smoke
|
Vent or stack
|
Vent or stack
| |
|
Liquid wastes
|
Building wall
|
Building wall
| |
|
Radiation
|
Vent or stack
|
Vent or stack
| |
|
Noise
|
Setback lines
|
Property line
| |
|
Vibration
|
Building wall
|
Property line
| |
|
Glare
|
Building wall
|
Property line
| |
|
Heat*
|
Vent or stack
Building wall
|
Vent or stack
Property line
| |
|
* For heat, measurement shall be made at the
vent or smokestack for heated air, and at the property line for heated
liquid or solid discharge.
| |||
C.
Continued compliance. Continued compliance with the
performance standards stated herein shall be a requirement for the
continued occupancy of any structure or the operation of any process
or equipment.
A.
Air pollution. 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 in the Township of
Washington. All provisions of the New Jersey Air Pollution Control
Code, as amended, or the regulations contained in this section, whichever
shall be the more stringent, shall be complied with.
B.
Smoke. In any nonresidential zone, no smoke, the shade
or appearance of which is darker than No. 1 on the Ringelmann Smoke
Chart, shall be emitted into the open air from any fuel-burning equipment;
provided, however, that smoke emitted during the clearing of a fire
box or the building of a new fire, the shade or appearance of which
is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted
for a period or periods aggregating no more than three minutes in
any 15 consecutive minutes.
C.
Wastes.
(1)
Liquid wastes. 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 said officials,
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
of approval of such facilities.
D.
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, of the Laws of
1958,[1] as amended, whichever shall be more stringent.
[1]
Editor's Note: See N.J.S.A. 26:2D-1 et seq.
E.
Noise.
(1)
The purpose of this subsection is to ensure
that the environmental character of the area surrounding the proposed
use with respect to noise shall not be altered. The standards established
herein shall be interpreted in any specific case with this objective
in mind.
(2)
Measurements, if required under this section, shall be made at the location noted in § 217-99. Measurements where required shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute Standard S 1.4-1961 or the latest revision thereof and S 2.22 or the latest revision. All measurements shall be made in at least eight frequency bands.
(3)
Ambient noise levels shall be made between the
hours of 8:00 a.m. and 11:00 p.m. for periods of at least one hour
on three separate occasions.
(4)
The permitted noise level of the proposed use,
measured at the measuring line, shall not exceed the ambient noise
levels in each frequency band.
(5)
In addition, noise control shall be subject
to standards established by the New Jersey Department of Environmental
Protection. Where standards are established and are more restrictive
than contained in this chapter, the more restrictive standards shall
be applicable.
F.
Vibration. In any zone, no vibrations discernible
without instruments at the measuring point shall be permitted.
G.
Outdoor lighting and glare. It is the intent of these performance standards to ensure that both direct and indirect glare, to the extent possible, is eliminated or activities producing such glare are carried on within a structure. Necessary outdoor lighting and 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 single-family detached dwellings and residential uses in accordance with § 159-41A.
[Amended 8-19-2002 by Ord. No. 32-02]
(1)
The lighting standards in this section apply
to all nonresidential land uses and multifamily dwellings in the Township
of Washington and, in addition, to all one- and two-family dwellings
constructed in the Township after the effective date of this subsection.
Residential developers shall be required to notify purchasers of residential
dwellings that compliance with these standards is required by local
ordinance.
(2)
All outdoor light fixtures that serve one- and
two-family dwellings and that have initial light outputs greater than
1,500 lumens shall be outdoor, enclosed light fixtures. Light fixtures
with initial light outputs less than 1,500 lumens such as decorative
porch lights, wall sconces, post top lanterns and walkway fixtures
may contain lamps and glass/plastic diffusing devices that extend
beyond the opaque fixture enclosure. All outdoor light fixtures shall
comply with the requirements as specified below:
(a)
Light distributions generated by light fixtures
shall be confined to the property on which they are installed.
(b)
Outdoor light fixtures properly installed and
maintained shall be directed so that there will not be any direct
glare source visible from any adjacent residential property.
(c)
Light fixtures installed within any setback
area, including front, rear or side yard setbacks, shall contain shielding
devices to prevent light spill and glare upward and onto adjacent
properties.
H.
Heat. Heat is thermal energy of a radiative, conductive
or convective nature, in any zone, any use or process shall not produce
a temperature rise discernible at the measuring point or discharge
water into any watercourse which shall produce a temperature increase
of greater than three degrees in that watercourse measured at a point
10 feet from the point of discharge.
I.
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 material 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 Township of Washington Fire
Inspector that the applicant has complied with all applicable Township
fire prevention regulations.
