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 supply evidence, satisfactory to the Planning Board, or to its
designated representative, that the proposed use, structure, process,
or equipment will conform fully with all of the applicable performance
standards.
As evidence of compliance, the Planning 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.
If appropriate permits, tests and certifications are not or
cannot be provided by the applicant, then the Planning Board or Administrative
Officer (Zoning Officer) may require that instruments and/or other
devices, or professional reports or laboratory analysis be used to
determine compliance with the following performance standards for
an existing or proposed use and the cost thereof shall be borne by
the owner, applicant, or specific use in question.
In the event 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 section, 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 thirty days (30) days after a Conditional Permit is granted,
a Certificate of Occupancy shall be applied for and satisfactory evidence
shall be applied for and satisfactory evidence submitted that all
standards established by this section have been met.
a.
Prior to construction and operation. Any application for a Development
or Building Permit for a use which shall be subject to performance
standards shall be accompanied by submissions, attachments, certifications
as required by this section, and a sworn statement filed by the owner
of the subject property or the operator of the proposed use that said
use will be operated in accordance with the performance standards
set forth herein.
b.
For Existing Structures. Any existing structure or use which
is after the effective date of this Ordinance, allowed to deteriorate
or is modified so as to reduce its compliance with these standards
will be deemed to be in noncompliance and to constitute a violation.
Continued compliance with performance standards is required
and shall be enforced by the Construction Official or Administrative
Officer (Zoning Officer).
All violations shall be terminated within thirty (30) days of
notice or shall be deemed a separate violation for each day following
and subject to fines as set forth herein.
Whenever, in the opinion of the Construction Official or Administrative
Officer (Zoning Officer). There is a reasonable probability that any
use or occupancy violates the regulations of this section, they are
hereby empowered to employ a qualified technician or technicians to
perform investigations, measurements and analyses to determine whether
or not the regulations of this section are being violated. In the
event that a violation is found to exist, the violator shall be liable
for the reasonable fees of the technicians employed to perform such
investigations, measurements, and analyses.
The developer shall comply with the Ocean City Noise Control
Ordinance #85-17.
a.
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 anywhere in the municipality. All provisions
of the New Jersey Air Pollution Control Code, as amended and as augmented
and all the following provisions stated, whichever shall be more stringent,
shall be complied with.
1.
Smoke. In any zone, no smoke, the shade or appearance of which
is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted
into the open air from any incinerator or fuel burning equipment,
provided, however, that smoke emitted during the cleaning of a fire
box or the building of a new fire, the shade or appearance of which
is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted
for a period or periods aggregating no more than three (3) minutes
in any thirty (30) consecutive minutes.
2.
Solid Particles.
(b)
In any other nonresidential zone, the allowable discharge shall
be seventy-five percent (75%) of the allowable emission permitted
by the New Jersey Air Pollution Control Code.
(c)
No open burning shall be permitted in any zone.
(d)
All incinerators shall be approved by the State Department of
Environmental Protection.
(e)
Any road, parking area, driveway, truck loading or unloading
station, or any other exterior area having a substantial movement
of vehicles or equipment shall be paved or otherwise stabilized during
construction sufficient to prevent the generation of dust from the
movement of such vehicles or equipment.
3.
Odors. In any zone, no odorous material may be emitted into
the atmosphere in quantities sufficient to be detected without instruments.
Any process, which may involve the creation or emission of any odors,
shall be provided with a secondary safeguard system, so that control
will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor
Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors,"
copyrighted by the Manufacturing Chemists Association, Inc., Washington,
D.C., shall be used as a guide in determining quantities of offensive
odors.
No liquid waste shall be discharged into any water course, storm
drain or sewage collection and disposal system, nor into any ground
sump, any well or percolation area, except in accordance with plans
approved by the City Public Works Department, Health Department, and
City Engineer, and where required by the New Jersey Department of
Environmental Protection.
[Ord. #94-16, Appx. A]
a.
All users in the City shall:
1.
Assume full responsibility for adequate and regular collection
and removal of all refuse, except if the City assumes the responsibility.
2.
Comply with all applicable provisions of the Air Pollution Control
Code.
3.
Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.
4.
Permit no accumulation on the property of any solid waste, junk,
or other objectionable materials.
5.
Not engage in any sanitary landfill operation on the property,
except as may be permitted by other City Codes and Ordinances.
b.
1.
There shall be included in any new duplex or multifamily housing
development that requires site plan approval an indoor or outdoor
refuse trash and recycling area for the collection and storage of
residentially-generated refuse trash and recyclable materials. The
dimensions of the refuse trash and recycling area shall be sufficient
to accommodate refuse and trash recycling bins or containers which
are of adequate size and number, and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located, but under no circumstances shall the refuse
trash and recycling area be less than twelve (12) square feet per
dwelling unit. The dimensions of the recycling area bins or containers
shall be determined in consultation with the municipal recycling coordinator,
and shall be consistent with the district recycling plan adopted pursuant
to section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable
requirements of the municipal Master Plan, adopted pursuant to Section
26 of P.L. 1987, c.102.
2.
The recycling area shall be conveniently located for the residential
disposition of source separated recyclable materials, preferably near,
but clearly separated from a refuse dumpster.
3.
The refuse trash and recycling area shall be safely and easily
accessible by refuse collection and recycling personnel and vehicles.
Collection without interference from parked cars or other obstacles.
Reasonable measures shall be taken to protect the refuse and recycling
area and the bins or containers placed therein, against theft.
4.
The recycling area or bins or containers placed therein shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
5.
Signs clearly identifying the recycling area and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
6.
Landscaping and/or fencing of sufficient height shall be provided
around any outdoor refuse and recycling area and shall be developed
to screen said areas in an aesthetically pleasing manner.
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 U.S. Atomic Energy Act of 1965, as amended
and any codes, rules or regulations promulgated under such Act, as
well as the N. J. Radiation Protection Law, N.J.S.A. 26.2D et seq.,
as amended, whichever is more stringent.
All activities shall be carried on only in buildings classified
as fireproof by the New Jersey Uniform Construction Code, and as determined
by the Fire Department. The operation shall be conducted in such a
manner and with such precautions against fire and explosion hazards
as to produce no explosion hazard as determined by the New Jersey
Inspection Bureau of Fire Prevention to a use on an adjacent property
and must conform to the rules and regulations of the most recent adopted
edition of the Fire Prevention Code of the National Board of Fire
Underwriters and the Ocean City Fire Department.
Every use and activity shall be so operated that it does not
raise the ambient temperature more than two degrees Celsius (2°C)
at or beyond the boundary of any lot line.
All new construction and additions shall be fire resistant construction
in accordance with the requirements of the State Uniform Construction
Code.
There shall be no direct or sky-reflected glare exceeding one
and one-half (1-1/2) foot candles measured at the boundaries of the
lot on which the source is located. This regulation shall not apply
to lights which are used solely for the illumination of entrances
or exits or driveways leading to a parking lot. Any operation or activity
producing intense glare shall be conducted so that direct and indirect
illumination from the source of light shall not cause illumination
in excess of 0.1 foot candle in residential districts.
a.
Artificial lighting or illumination provided on any property
or by any use shall adhere to the following standards:
1.
The illumination provided by artificial lighting on the property
shall not exceed 0.5 foot candles beyond any property line.
2.
Spotlights or other types of artificial lighting, that provide
a concentrated beam of light, shall be so directed that the beam of
light does not extend beyond any property lines.
3.
Spotlights or other types of artificial lighting used to illuminate
signs or building faces shall not emit beams of light that extend
beyond the vertical plane of the sign or building face that they illuminate
and shall not be located in such a manner as to cause the beams of
light to be reflected upon any adjoining property, public street or
vehicular circulation area.
All proposed applications for development on lands which contain
a historic building, place, or structure, established within the City
shall be referred to the Ocean City Planning Board for certificate
of appropriateness consideration prior to action on the application
by the Planning Board.
Proposed developments which contain a designated historic building,
place, or structure, in the City should be designed to accomplish
the following goals and objectives:
