All nonresidential uses 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. The applicant shall submit a certification from the appropriate
professionally qualified person or firm that the proposed use will
comply with the following standards.
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 locations where determinations are to be made for measurement
of performance standards shall be as follows:
A.
Dissemination of smoke, dust, fumes, and other noxious gases shall
be required to be within the limits of the industrial tolerance standards
of the State Department of Health and Senior Services, the Bureau
of Adult and Industrial Health, and within the provisions of the Air
Pollution Control Act of the state, as set forth in N.J.S.A. 26:2C-1
to 26:2C-23, inclusive, and the following provisions, whichever is
more restrictive.
B.
Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in § 195-150 above.
C.
Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in § 195-150 above.
D.
Smoke.
(1)
The emission standard of this chapter or as promulgated by the
New Jersey Department of Environmental Protection, whichever is more
restrictive, shall apply.
(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)
Household fireplaces.
E.
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 § 195-150 above.
F.
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, nor shall
any emission be permitted which can cause any damage to health, to
animals or vegetation, or other forms of property, or to any excessive
soiling.
G.
Noise.
(1)
There shall be no noise from any source, other than as provided
herein, which shall exceed the values given in the following table
in any octave band or frequency. Test equipment methods and procedures
shall conform to standards as published by the Department of Environmental
Protection of the State of New Jersey or its approved equivalent.
(2)
No person shall cause, allow or permit sound from any nonresidential
use which, when measured at any residential property line, shall be
in excess of the following:
(a)
Continuous airborne sound which has a sound level in excess
of 65 dBA shall be prohibited between the hours of 7:00 a.m. and 10:00
p.m., and 55 dBA between the hours of 10:00 p.m. and 7:00 a.m.
(b)
Continuous airborne sound which has an octave band sound-pressure
level in decibels which exceed the values listed in the table below
in one or more octave bands shall be prohibited.
(c)
Impulsive airborne sound which has an impulsive sound level
in excess of 80 decibels shall be prohibited.
(3)
No person shall cause, allow or permit sound from any nonresidential
use which, when measured at the property line of any other nonresidential
use property, is in excess of the following:
(a)
Continuous airborne sound level in excess of 65 dBA.
(b)
Continuous airborne sound which has an octave band sound-pressure
level in decibels which exceed the values listed in Column 1 in the
table below in one or more octave bands.
(c)
Impulsive airborne sound which has an impulsive sound level
in excess of 80 decibels.
|
Octave Band Center Frequency
(Hz)
|
Column 1: Octave Band Sound-Pressure Level (dBA)
From 7:00 a.m. to 10:00 p.m.
|
Column 2: Octave Band Sound-Pressure Level (dBA)
From 10:00 p.m. to 7:00 a.m.
| |
|---|---|---|---|
|
31.5
|
96
|
86
| |
|
63
|
82
|
71
| |
|
125
|
74
|
61
| |
|
250
|
67
|
53
| |
|
500
|
63
|
48
| |
|
1,000
|
60
|
45
| |
|
2,000
|
57
|
42
| |
|
4,000
|
55
|
40
| |
|
8,000
|
53
|
38
|
(4)
Testing of only the electromechanical functioning of a stationary
emergency signaling device shall occur at the same time each day that
a test is performed, between 8:00 a.m. and 8:00 p.m. Any such testing
shall only use the minimum cycle test time, but in no event shall
exceed 10 seconds.
(5)
Testing of the complete emergency signaling system shall not
occur more than once a month and shall occur between the hours of
8:00 a.m. and 8:00 p.m.
(6)
The operational performance standards established herein shall
not apply to any of the following noise sources: bells, chimes or
carillons while being used in conjunction with religious services;
commercial motor vehicle operations; emergency energy-release devices;
emergency work to provide essential services when public health or
safety is involved; community emergency-warning devices; noise of
aircraft operations; public celebrations; public roadways, including
rail; unamplified human voice.
(7)
For objectionable noises due to intermittence, beat frequency
or hammering, or if the noise is not smooth and continuous, correction
shall be made to the above table by subtracting five decibels from
each of the decibel levels given.
H.
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.
I.
Fire and explosion hazard. All activities involving storage of flammable
and explosive materials shall be carried on in structures which conform
to the standards of the National Board of Fire Underwriters of the
Borough Building Code or the Fire Ordinance,[1] whichever is more restrictive. All operations shall be
carried out, and all materials stored, in accordance with the standards
of the Board of Fire Underwriters. Burning of waste materials in open
fires is prohibited.
J.
Liquids or solid waste. 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.
K.
Glare. There shall be no direct or reflected glare exceeding 0.05
footcandles, measurable beyond the property line of the lot occupied
by such use. This regulation shall not apply to lights used at the
entrance or exit of service drives.
