Branchburg City Zoning Code
ARTICLE XI
PERFORMANCE STANDARDS
§ LDO11-1.1 Applicability.
Prior to the issuance of any construction or occupancy permit for any nonresidential use, the applicant shall submit evidence to the Construction Official showing compliance with the applicable approval procedures of all authorized governmental agencies and with all of the following regulations. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any use of any structure.
§ LDO11-1.2 Maximum Intensities of EMF Transmissions.
The maximum intensity of electric fields for transmission lines shall not exceed the following standards. In the event the New Jersey Department of Environmental Protection has adopted higher standards, those standards shall prevail.
Intensities of Emfs Measured In Right-Of-Way (ROW) Transmission Lines | ||||||
|---|---|---|---|---|---|---|
Lines | Electronic Fields (kV/m) | Magnetic Fields (Mg) | ||||
Max. in ROW | Edge in ROW | Max. in ROW | Edge of ROW | |||
Peak | Average | Peak | Average | |||
115 kV | 1 | 0.5 | 40 | 20 | 10 | 5 |
230 kV | 2 | 1.5 | 70 | 35 | 30 | 15 |
500 kV | 7 | 3 | 140 | 70 | 50 | 25 |
§ LDO11-1.3 Maximum Radio Frequency (RF) Exposure.
The maximum RF exposure of any device shall not exceed the maximum limits established by the New Jersey Department of Environmental Protection in N.J.A.C. 7:28-42, R F Radiation.
§ LDO11-1.4 Fire and Explosion Hazards.
All activities or operations involving fire or explosion hazards shall be carried on in conformity with the provisions of the Fire Prevention Code of the Township of Branchburg.
§ LDO11-1.5 Glare.
No use shall produce direct or sky-reflected glare exceeding 0.3 foot candles measured at the property line of the lot. This regulation shall not apply to lights used at the entrances or exits of service drives leading to a parking lot. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units or zoning districts or streets.
§ LDO11-1.6 Heat.
No use shall produce heat perceptible beyond its lot lines. Furthermore, no use shall be permitted which would cause the temperature to rise or fall in a body of water.
§ LDO11-1.7 Liquid or Solid Waste.
A.
No operation shall discharge untreated industrial wastes of any kind into any reservoir, pond or lake. The discharge of untreated industrial wastes into a stream shall be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by and conform to the current standards of the Township and New Jersey Health Departments, the Department of Environmental Protection and Municipal Utilities Authority.
B.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. All hazardous materials used on-site shall be disposed of in a safe manner in accordance with regulations established by the New Jersey Department of Environmental Protection as they are adopted and regulated.
C.
The discharge and disposal of solid and liquid wastes into an underground drainage field shall be in accordance with plans and specifications as approved by the Township Department of Health, State Department of Health and State Department of Environmental Protection.
§ LDO11-1.8 Odors.
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at the property line of the lot occupied by such use.
§ LDO11-1.9 Radioactivity, Toxic Chemicals, Poison Gas.
Any activity which emits dangerous radioactivity, toxic chemicals or poisonous gas at any point is prohibited.
§ LDO11-1.10 Smoke and Particulate Emissions.
There shall be no emission at any point, from any chimney stack or other device that exceeds the following State standards:
§ LDO11-1.11 Ventilation.
No use shall obstruct the natural ventilation of adjacent uses. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines 10 feet or more or unless equipped with baffles to deflect the discharged air away from adjacent uses.
§ LDO11-1.12 Vibration.
There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.
§ LDO11-1.13 Noise.
Uses and equipment shall be designed and operated in accordance with those rules and regulations pertaining to noise levels established by the New Jersey Department of Environmental Protection as they are adopted and regulated and by the following standards. If NJDEP standards vary from the following, the more stringent standards shall apply.
A.
Maximum permissible sound levels. No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits set forth below when measured at or within the real property line of the receiving property except as provided below.
Maximum Permissible Sound Levels By Receiving Property Category, DBA | |||||
|---|---|---|---|---|---|
Sound Source Property Category | Receiving Property Category | ||||
Dwelling within a multi-dwelling unit building | Residential | Commercial | Industrial | ||
10:00 p.m. - 7:00 a.m. | 7:00 a.m. - 10:00 p.m. | 10:00 p.m. - 7:00 a.m. | All Times | All Times | |
Any location within a multi-dwelling unit building | 45 | 40 | 55 | 50 | 65 |
Residential | 55 | 50 | 65 | 75 | |
Commercial, public spaces or rights-of-way | 65 | 50 | 65 | 75 | |
Industrial | 65 | 50 | 75 | ||
1.
When measuring noise within a dwelling unit of a multi-dwelling unit building, all exterior doors and windows shall be closed and the measurements shall be taken in the center of the room.
2.
The following are exempt from the sound level limits.
(a)
Noise from domestic power tools, lawn mowers, and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they produce less than 85 dBA at or within any real property line of a residential property;
(b)
Sound from church bells and church chimes when a part of a religious observance or service;
(c)
Noise from construction activity provided all motorized equipment used in such activity is equipped with functioning mufflers;
(d)
Noise from snowblowers, snow throwers and snow plows when operated with a muffler for the purpose of snow removal;
(e)
Noise from stationary emergency signaling devices that conforms with the provisions of N.J.A.C. 7:29;
(f)
Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within 15 minutes after it has been activated.
3.
The sound pressure level shall be measured with sound level meters and/or analyzers conforming to "United States of American Standard Specifications for General-Purpose Sound Level Meters," S1.4-1961, or latest revision. "United States of American Standard Specification for Octave, Half-Octave, and Third-Octave Ban Filter Sets," S1. 11-1966 or latest revision published by United States of American Standards Institute, New York, N.Y.
B.
Prohibited acts.
1.
No person shall cause, suffer, allow or permit to be made verbally or mechanically any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.
2.
No person shall cause, suffer, allow or permit the following acts:
(a)
Sound reproduction systems. Operating, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device;
(b)
Loudspeakers and public address systems. Using or operating any loudspeaker, public address system, or similar device between the hours of 10:00 p.m. and 8:00 a.m. on the following day, such that the sound therefrom creates a noise disturbance across a residential real property line;
(c)
Animals and birds. Owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration, makes sounds that create a noise disturbance across a residential real property line (for the purpose of this section, a noise disturbance from a barking dog shall be defined as that created by a dog barking continually for 10 minutes or intermittently for 30 minutes unless provoked);
(d)
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects, or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form, or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 10:00 p.m. and 7:00 a.m. the following day when the latter is a weekday and between the hours of 10:00 p.m. and 7:00 a.m. the following day when the latter is a legal holiday or weekend day except by permit, when the sound therefrom creates a noise disturbance across a residential real property line;
(e)
Standing motor vehicles. Operating or permitting the operation of any motor vehicle whose manufacturers gross weight is in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period of longer than five minutes in any hour while the vehicle is stationary for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within 150 feet (46 meters) of a residential area between the hours of 8:00 p.m. and 8:00 a.m. of the following day;
(f)
Construction and demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, provided such equipment is equipped with a functioning muffler except for (a) emergency work, or (b) when the sound level does not exceed any applicable limit specified in subsection 11-1.13A.
C.
Exceptions. The provisions of this section shall not apply to:
1.
The emission of sound for the purpose of alerting persons to the existing of an emergency except as elsewhere provided in this Article.
2.
The emission of sound in the performance of emergency work; or
3.
The emission of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Act;
4.
Noise from municipally sponsored or approved celebrations or events.
§ LDO11-1.14 Nuisances in Commercial Zones.
A.
No stores or shops shall use any noisemaking devices such as phonographs, loud speakers, amplifiers, radios, television sets or similar devices so situated as to be heard outside the confines of any building. No smoke, fumes or objectionable odors shall be emitted from any building.