Bayonne City Zoning Code
§ 35-5.27
Performance Standards.
[Ord. No. O-95-12, § 33-5.13]
a.
Intent. Permitted and conditional uses in any nonresidential industrial district, or any industrial operation granted a variance shall comply with the standards contained herein intended to protect the health and safety of the residents of the City.
b.
Procedures. Any application for site plan approval and/or a building permit for a use subject to performance standards shall be subject to the following procedures:
1.
Prior to construction or operation, any application shall be accompanied by a sworn affidavit filed by the owner or operator of the proposed use that the use will be operated in accordance with performance standards set forth.
2.
Continued compliance with performance standards is required and shall be enforced by the Construction Official or Environmental Officer.
3.
All violations shall be terminated within 10 days or shall be deemed a separate violation for each day following and be subject to separate fines in accordance with these violations.
c.
Noise. In all nonresidential districts, the sound pressure resulting from any activity shall not exceed, at any point on or beyond any property line, the maximum permitted sound levels depicted in Table I. The sound levels shall be measured with a sound level meter and associated octave band herein manufactured in compliance with standards prescribed by the United States of America Standards Institute.
Table I | |
|---|---|
Octave Band (Frequency Cycles per Second) | Maximum Sound Permitted (Decibels)* |
0 to 75 | 69 |
75 to 150 | 54 |
150 to 300 | 47 |
300 to 600 | 41 |
600 to 1,200 | 37 |
1,200 to 2,400 | 34 |
2,400 to 4,800 | 31 |
Above 4,800 | 28 |
* | Shall be adjusted based upon certain characteristics of noise as listed in Table II. |
Table II Adjustments | |
|---|---|
Type of Operation or Noise | Correction in Decibels |
Daytime operation only (7:00 a.m. - 9:59 p.m.) | +5 |
Noise source operates less than 5% of time (daytime only) | +10 |
Noise of impulsive character (hammering, etc.) | -5 |
Noise of periodic character (hum, screech) | -5 |
d.
Vibration. No use shall be operated so as to produce ground vibration, noticeable without instruments, at the lot line of the premises on which the use is located.
e.
Smoke. No emission of smoke of a shade greater than No. 1 of the Ringelmann Smoke Chart shall be emitted into the open air from any fuel-burning equipment. However, smoke emitted during the clearing of a firebox or the building of a new fire, the shade not greater than No. 2 of the Ringelmann Smoke Chart may be permitted for a period not exceeding three minutes in any 15 consecutive minutes.
f.
Dust or Solid Particles. In any district no discharge of solid particles through a stack, dust or vent shall be permitted that is greater than the allowable emissions in pounds per hour established by the New Jersey Air Pollution Code.
g.
Odors. No emission of odorous gases or other odorous matter as to be detectable without instruments at any zone boundary shall be permitted.
h.
Glare. No direct or sky-reflected glare shall be permitted beyond the property lines of such use with the exception of site lighting or entrances or service driveways.
i.
Wastes.
1.
Liquid Wastes. Provisions for collection and disposal of liquid wastes shall be in accordance with the standards approved by the State of New Jersey, Department of Environmental Protection and Energy (DEPE), and other applicable ordinances or regulations.
2.
Solid Wastes. All solid wastes shall be handled in accordance with the standards approved by the State of New Jersey, Department of Environmental Protection and Energy (DEPE), and other applicable ordinances and regulations. There shall be no accumulation of solid wastes conducive to the breeding of rodents, vermin, and/or insects.