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Caldwell City Zoning Code

§ 250-22

Performance standards and procedures.

A. 
General intent. As a condition to approval and as a condition to continuance of any building process, production or other use in the Limited Manufacturing/Wholesale District, the applicant shall supply evidence satisfactory to the Planning Board that the proposed building, process, production or other use will conform fully with 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 costs 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.
B. 
Industrial waste. No industrial waste shall be discharged into the public sewage collection and disposal system unless the appropriate officials of the Borough of Caldwell shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of the waste material into the system. The applicant shall comply with any requirements of the Borough, including the pretreating of such wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition of acceptance by the Borough.[1]
[1]
Editor's Note: See Chapter 190, Sewers.
C. 
Noise and vibration. All uses and activities shall comply with noise and vibration standards promulgated by the New Jersey Department of Environmental Protection. Further, no use shall cause an increased vibration beyond the limits of the property on which located nor increase the ambient noise levels present at boundaries of the site nor cause intermittent or point audible noise or noise vibration to adversely impact adjoining property.
D. 
Heat. No process or use shall be permitted that produces heat to the extent that such temperature has an adverse effect of any kind upon adjoining properties and uses.
E. 
Glare. Any process producing intense glare or flashing of lights shall be performed within a completely enclosed building in such manner that no discomforting glare shall be disseminated beyond the building. Parking and loading and unloading areas that are in use after dark shall be so situated as to provide minimum shielding and concealment of lighting from adjoining properties. Lighting of any sign, building exterior, fountain or decorative fixture shall be placed in such a manner that is directed toward the object to be lighted and does not disseminate glare. This section shall not be construed to prohibit lighting required by police or other enforcement agencies for the safety and protection of employees and of the general public.
F. 
Additional standards and references. In order to satisfy itself that the applicant will comply fully with all of the applicable performance standards, the Planning Board or its designated representative may examine and refer to any or all of the available standards, codes, regulations and requirements of the federal, state, county or local government and recognized professional organizations, associations and societies.
G. 
Testing procedures and technical assistance. In all cases where the Planning Board shall deem that it is advisable to determine whether or not the facility will be in conformance with the application performance standards, the Planning Board or its designated representatives shall require adequate testing procedures and shall utilize expert assistance at the expense of the applicant.