All industrial, commercial, business, office, office park, townhouse, apartment and multiple-family residential uses are subject to the following performance standards and procedures. Other uses, existing or proposed, which the Construction Code Official has reasonable grounds to believe violate these performance standards, shall be subject to the provisions of this section.
A. 
Prior to construction and operation. Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of the subject property that said use will be operated in accordance with the performance standards set forth herein.
B. 
Continued compliance. Continued compliance with performance standards is required, and enforcement of continued compliance with these performance standards shall be enforced by the Construction Code Official, the Zoning Officer or the Village Engineer, as the case may be.
A. 
Definition of "nuisance elements." A "nuisance element" is any noise, radioactivity, vibration, glare, smoke, odor, air and water pollution or dust which exceeds the performance standards established under this section.
B. 
The determination of the existence of nuisance elements shall be made at or outside property lines of the use creating such element for noise, odor, vibration, glare, dust, smoke, air pollution or water pollution and at the zone district line for odors.
A. 
Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in § 96-11.3B.
B. 
Glare. No direct or sky-reflected glare shall be visible, whether from floodlights or from high-temperature processes, so as to be visible at the points of measurement specified in § 96-11.3B.
C. 
Smoke.
(1) 
The emission standards 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 of a shade equal to or darker than No. 2 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) 
Smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 3 of the Power's Micro-Ringlemann Chart for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.
(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. No emission of odorous gases or other odorous matter in such quantity as to be readily detectable shall be permitted.
E. 
Dust. Solid particles shall not be emitted in concentrations exceeding standards established by the New Jersey Department of Environmental Protection.
F. 
Fly ash. No emission of any fly ash shall be permitted to be discharged from any stack or chimney into the open air in excess of the quantity set forth in regulations promulgated by the New Jersey Department of Environmental Protection.
G. 
Noise. At the points of measurement specified in § 96-11.3B, the maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in the following table, after applying the corrections shown therein. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. American Standard Sound Level Meters for Measurements of Noise and Other Sounds, Z24.3-1944, American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Sounds, Z24.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used.
Maximum Permitted Noise Levels
Frequency Ranges Containing Standard Octave Bands
(cycles per second)
Octave Band Sound Pressure Level
(decibels re 0.0002 dyne/cm)
20 to 300
60
300 to 2,400
40
Above 2,400
30
Corrections to be Applied to Octave Band Sound Pressure Level in Decibels
Type or Location of Noise or Character of Noise
Correction in Decibels*
Daytime operation only
+5
Noise source operating less than:
20% of any 1-hour period
+5
5% of any 1-hour period
+10
Noise of impulsive character (hammering, etc.)
-5
Noise of periodic character
-5
* NOTE: Apply one of these corrections only.
H. 
Radioactivity or electrical disturbance.
(1) 
No activities shall be permitted which emit dangerous radioactivity or electrical disturbances adversely affecting the operation of any equipment. All applicable federal and state regulations shall be complied with.
(2) 
Electrical equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property.
I. 
Fire and explosion hazards. All activities involving and all 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 regulations shall also apply.
J. 
Storage and waste disposal. No materials shall be deposited so that they can be transferred on the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials which might create a pollutant or be a safety and health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Bureau of Fire Prevention.
K. 
Air, water and environmental pollution. No use shall emit heat, odor, dust, gases, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent applicable state and federal regulation. No permit shall be issued for any use where a state permit is required until the state has ascertained and approved the level and quality of emission, type and quality of emission control and level of monitoring to be conducted.
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. The provisions of this section may not be applicable to applications under the residential provisions of the State Residential Site Improvement Standards.
A. 
Traffic access. All proposed site traffic accessways shall be 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 shall be adequate, and all required parking spaces shall be provided and easily accessible. All off-street parking and loading areas shall be surfaced with a durable and dust-free surface and shall be properly marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.
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 Village 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.
H. 
Wetlands. Wetland areas and wetland transitional areas, also known as "wetland buffers," shall be preserved and protected in accordance with law. Wetlands and wetland buffers may be considered valuable open space.