A.
As a condition of site plan approval in any district, the Planning Board may, after reviewing the report to be submitted in conjunction with. § 196-26D (1), require the applicant to supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure process or equipment will conform fully to all of the applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific types of equipment, machinery or devices be installed, or that specific operating procedures or methods be followed if the 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 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 must meet these 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.
In the event that a determination cannot be made at the time
of application that a proposed use, process or piece of equipment
will meet the standards established in this article, the Planning
Board may issue or may recommend issuance of a conditional permit.
The conditional permit would be based on submission of evidence that
the proposed use, process or equipment will meet the standards established
herein after completion or installation and operation. Within 30 days
after a temporary certificate of occupancy is granted, a final permit
shall be applied for and satisfactory evidence submitted that all
standards established by this article have been met.
Continued compliance with the performance standards stated herein
shall be a requirement for the continued occupancy of any structure
or the continuation of any use granted approval in accordance with
this article.
No activity or use shall be permitted in any district, unless
such activity or use complies with the following standards:
A.
Air, water and environmental pollution. No use shall emit heat, odor,
vibration, noise or any other pollutant into the ground, water or
air that exceeds the most stringent applicable state or federal regulation.
These regulations include, but are not limited to, the New Jersey
Air Pollution Control Act (N.J.S.A. 26:2C-1 et seq.) as amended, the
Noise Control Act of 1971 (N.J.S.A. 13:16-1 et seq.) as amended, and
the various statutes administered by the New Jersey Department of
Environmental Protection to prevent water pollution.
B.
Storage and waste disposal. No materials or wastes shall be deposited
on a lot in such form or manner that they can be transferred off the
lot, directly or indirectly, by natural forces, such as precipitation,
evaporation or wind. All materials or wastes which might create a
pollutant, a hazard or facilitate the breeding of vermin shall be
stored indoors or be enclosed in appropriate containers to eliminate
the potential pollutant or attraction.
C.
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 that the use, structure, process or resulting product
or material has been approved by the State Department of Labor and
Industry or other state agency competent to render a judgment.
