Andover Township City Zoning Code
ARTICLE X
Performance Standards and Guidelines
§ 190-76 Certification of compliance; applicability.
A.
As a condition of approval of any use, occupancy or other structure, and operation of any process or equipment, the application shall certify that the use of such specific types of machinery, equipment, devices, procedures or methods is in compliance with all governmental laws, statutes, rules and regulations regarding the same. Permits and certificates required by other governmental agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.
B.
For use variances which are required to meet those 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.
C.
The regulations contained in this section shall not apply to single-family detached dwellings.
§ 190-77 Temporary certificate of occupancy.
A.
In the event a determination cannot be made at the time of application that a proposed use, process or unit of equipment will meet the standards established in this article, the Planning Board may recommend issuance of a temporary certificate of occupancy. The temporary certificate of occupancy shall 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.
B.
Within 60 days after a temporary certificate of occupancy is granted, a final certificate of occupancy shall be applied for and satisfactory evidence submitted that all standards established by this article have been met.
§ 190-78 Regulation of nuisance elements.
A.
Definition. A nuisance element is any noise, radioactivity, vibration, glare, smoke, odor, air pollution or dust which exceeds the performance standards established under this article.
B.
Locations for enforcement of performance standards. The determination of the existence of nuisance elements shall be made at the following locations:
Characteristic | All Residential Zones and Uses, Excluding Agricultural Uses and Commercial Motor Vehicle Operations | |
|---|---|---|
Smoke | Vent or stack | |
Solid particles and fly ash | Vent or stack | |
Odors | Property line | |
Liquid wastes | Building wall | |
Solid wastes | Setback lines | |
Radiation | Vent or stack | |
Noise | Property line | |
Vibration | Property line | |
Glare | Property line | |
Rust* | Vent or stack - property line | |
*For heat, measurement shall be made at the vent or smokestack for heated air and at the property line 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.
§ 190-79 Air pollution, toxic materials, smoke, open burning, dust and odors.
A.
Air pollution. 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 Township. All provisions of the New Jersey Air Pollution Control Code, as amended, or the regulations contained in this article, whichever shall be the more stringent, shall be complied with.
B.
Toxic materials.
(1)
Toxic materials are any solid, liquid, mist or gaseous matter containing properties which by chemical means are harmful and impair health or are capable of causing injury to the well-being of persons or damage to property.
(2)
The ambient air quality standards for the State of New Jersey Air Pollution Control Code, as amended, shall be the guide to the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the State of New Jersey, the release of such materials shall be in accordance with the fractional quantities permitted of those toxic materials currently listed in the Threshold Limit Values (TLV) adopted by the American Conference of Environmental Hygienists. The industrial performance standard for a toxic substance shall be determined by applying a multiplier of 2.5 to the industrial TLV. Unless otherwise stated, the measurement of toxic material shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period.
C.
Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the clearing of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.
D.
Solid particles and fly ash.
(1)
Solid particles. No discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(2)
Open burning. No open burning shall be permitted, except on qualified farms of no less than five acres in size. Such open burning shall be limited to herbaceous or infested plant life, the burning of orchard prunings and the clearing of agricultural land. The owner of the farm must obtain permits from the State of New Jersey Forestry Service and the Andover Township Fire Official.
(3)
Incinerators. All incinerators shall be approved by the State Department of Environmental Protection.
E.
Dust. 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 movement of such vehicles or equipment.
F.
Odors. No noxious odors may be emitted into the atmosphere in quantities sufficient to be detected without instruments.
§ 190-80 Liquid and solid wastes.
A.
Liquid wastes. No liquid industrial waste shall be discharged into any sewage collection and disposal system unless the appropriate Township or authority officials shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of such officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH, and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.
B.
Solid wastes. Each proposed use shall:
(1)
Assume full responsibility for adequate and regular collection and removal of all refuse, except where the Township assumes such responsibility.
(2)
Comply with all applicable provisions of the New Jersey Department of Environmental Protection.
(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 this chapter or other Township codes and ordinances.
§ 190-81 Radiation.
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 Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such Act, as well as the Radiation Protection Act, N.J.S.A. 26:2D-1 et seq., as amended, whichever shall be more stringent. In no instance shall any radiation emit from structures, measured at the outside structure wall.
§ 190-82 Noise.
A.
The purpose of this section is to ensure that the environmental character of the area surrounding the proposed use with respect to noise shall not be altered. The standards established herein shall be interpreted in any specific case with this objective in mind.
B.
Measurements, if required under this section, shall be made at the location noted in § 190-78. Measurements, where required, shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute Standard S 1.4-1961, or the latest revision thereof, and S 2.22, or the latest revision. The instrument shall be set to the A-weighted response scale and the meter to the slow response.
C.
The permitted noise level readings of the proposed use, measured at the measuring line, in any zone shall not exceed 55 dBA during the hours of 7:00 a.m. to 9:00 p.m. and shall not exceed 45 dBA during the hours 9:00 p.m. to 7:00 a.m.
D.
In addition, noise control shall be subject to standards established by the New Jersey Department of Environmental Protection. Where standards are established and are more restrictive than contained in this chapter, the more restrictive standards shall be applicable.
§ 190-83 Vibration.
In any zone, no vibrations discernible without instruments at the measuring point shall be permitted.
§ 190-84 Glare.
No single standard for glare is promulgated in this chapter due to the impracticability of establishing such standards. It is the intent of these performance standards to ensure that both direct and indirect glare, to the extent possible, are eliminated or activities producing such glare are carried on within a structure. Necessary glare-producing devices, such as roadway and walkway lighting, shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.
§ 190-85 Heat.
Heat is thermal energy of a radiative, 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 watercourse which shall produce a temperature increase of greater than 3º in that watercourse measured at a point 10 feet from the point of discharge.
§ 190-86 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 of:
A.
Approval of the use, structure, process or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been taken or installed.