Alpha City Zoning Code
ARTICLE VIII
Performance Standards
§ 410-52 Applicability; testing; compliance required.
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 Land Use Board, 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 cost thereof to be borne by the applicant. The 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 Land Use Board as proof of compliance with applicable codes. The requirements contained in this article shall not apply to residential structures.
§ 410-53 Nuisance elements.
A.
Definition of nuisance elements. A "nuisance element" is any noise, radioactivity, vibration, glare, smoke, odor, air pollution and dust which exceeds the performance standards established under this article.
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:
Nuisance Characteristic | All Zones | ||
|---|---|---|---|
Air pollution | |||
Smoke | As required by state regulations | ||
Solid particles | As required by state regulations | ||
Odors | Required setback lines | ||
Wastes | |||
Liquid wastes | Outlet | ||
Solid wastes | Building wall | ||
Radiation | Vent or smokestack | ||
Noise | Required setback lines | ||
Vibration | Building wall | ||
Glare | Required setback lines | ||
Heat | Vent or smokestack for heated air and at the outlet 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.
§ 410-54 Enumeration of standards.
A.
Air pollution. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to the property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Borough. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented by regulations hereinafter designated as the "code," shall be complied with.
B.
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments.
C.
Wastes.
(1)
Liquid wastes. No liquid waste shall be discharged into any watercourse in the Borough except as herein provided. If the applicant proposes to construct facilities for the treatment of wastes, he shall supply a permit to construct said facilities issued by the New Jersey Department of Environmental Protection and, as necessary, a permit from the United States Environmental Protection Agency.
(2)
Solid wastes. Each use shall:
(a)
Assume full responsibility for adequate and regular collection, storage and removal of all refuse.
(b)
Comply with all applicable provisions of the Air Pollution Control Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Health.
(d)
Permit no accumulation on the property of any solid waste, junk or other materials. Materials for use by a tenant or property owner may be neatly stored on the property, provided that no odors are generated and such storage does not attract rodents or constitute a nuisance.
(e)
Not engage in any sanitary landfill operation on the property except as may be permitted by other Borough codes and sections.
D.
Radiation. All uses 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 and regulations promulgated under such act as well as the New Jersey Radiation Protection Act, Chapter 116, P.L. 1958, as amended,[1] whichever shall be more stringent.
[1]
Editor's Note: See N.J.S.A. 26:2D-1 et seq.
E.
Noise.[2] There shall be no noise emanating from any operation or use measured at the location noted in Table I which exceeds the values given in Table I in any octave band of frequency after applying the corrections shown in Table II. The sound-pressure level shall be measured with sound-level meters and/or analyzers conforming to the United States of America Standard Specification for General-Purpose Sound-Level Meters, 51.4-1961, or latest revision, or the United States of America Standard Specification for Octave, Half-Octave and Third-Octave Band Filter Sets, S1.11-1966, or latest revision, published by United States of America Institute, New York, New York.[3]
Table I | ||
|---|---|---|
Octave Band Center Frequency in Cycles per Second | Sound-Pressure Level Decibels re 0.0002 (dyne/cm) | |
31.5 | 59 | |
63 | 58 | |
125 | 57 | |
250 | 50 | |
500 | 45 | |
1,000 | 40 | |
2,000 | 37 | |
4,000 | 33 | |
8,000 | 29 | |
Table II | |||
|---|---|---|---|
Type or Location of Operation or Character of Noise | Correction in Decibels* | ||
Daytime operation only | 5 | ||
Noise source operates less than:* | |||
20% of any one-hour period | 5 | ||
5% of any one-hour period | 10 | ||
Noise of impulsive character (hammering, etc.) | -5 | ||
Noise of periodic character (hum, screech, etc.) | -5 | ||
*NOTE: Apply one of these corrections only. | |||
F.
Vibration. In any zone, no vibrations discernible without instruments at the measuring point shall be permitted.
G.
Heat. Heat is thermal energy of a radioactive, 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 natural watercourse which shall produce a temperature increase of greater than 3° F. in that watercourse within 10 feet of the discharge point.
H.
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 Land Use 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 or the Federal Occupational Safety and Health Administration indicating that adequate safeguards against fire and explosion have been taken or installed.
(2)
Approval from the Fire Subcode Official that the applicant has complied with all applicable Borough fire prevention regulations.