Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of state and local laws and regulations shall also apply.

Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity at any point or electromagnetic disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

Noise.

Vibration. No vibration shall be permitted which is discernible without instruments at the property line.

Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the Power's MicroRinglemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyright 1954, being a direct facsimile reduction of the standard Ringlemann Chart as issued by the United States Bureau of Mines, except that visible grey smoke of a shade equal to No. 2 on such chart may be emitted for four minutes in any 30 minutes. These provisions applicable to visible grey smoke shall also apply to visible smoke of a different color but with an apparently equivalent opacity.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C., and said manual and/or table as subsequently amended.

Air pollution. No emission shall be permitted which can cause any damage to health, to animals, vegetation or other forms of property or which can cause any excessive soiling at any point, and in no event shall any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas at any point be permitted. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500º F. and 50% excess air.

Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, shall be permitted. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.

Liquid or solid wastes. No discharge shall be permitted at any point into any public sewer, private sewage disposal system or stream or into the ground, except in accord with standards approved by the State Department of Health or standards equivalent to those approved by such Department for similar uses, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements.

Pursuant to authority of P.L. 1975, c. 217,[1] the Borough of Cresskill hereby adopts the model code of the Building Officials and Code Administrators International, Inc., known as the "BOCA Basic Building Code/1996," including all subsequent revisions and amendments thereto. This code is hereby adopted by reference as the Building Subcode for the Borough of Cresskill.

Application. An application for a building permit or a certificate of occupancy for a use subject to performance standards procedures shall be submitted to the Building Inspector in duplicate and shall be referred by the Building Inspector to the Planning Board. The applicant shall also submit, in duplicate, a plan of the proposed construction or development, including a description of the proposed machinery, operations and products, and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements referred to in § 275-59 in accordance with rules prescribed by the Board specifying the type of information required in such plans and specifications and an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform with same at all times. No applicant will be required to reveal any secret processes, and any information submitted will be treated as confidential if requested. The fee for such application shall include the cost of the special reports required to process it described below.

Report by expert consultants. The Planning Board, if there is any reasonable doubt as to the likelihood of conformance, shall refer the application for investigation and report to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified herein. Such consultant or consultants shall make such report within 30 days after his or their receipt of such application. A copy of such report shall be promptly furnished to the applicant.

Decision of Planning Board. At the next regular meeting of the Planning Board, but in no event more than 30 days after the Board has received the aforesaid report or within such further period as agreed to by the applicant, the Board shall decide whether the proposed use will conform to the applicable performance standards and on such basis shall authorize or refuse to authorize the issuance of a building permit or certificate of occupancy or require a modification of the proposed plan of construction. Such decision of the Board shall be in the form of a written report. Any building permit or certificate of occupancy so authorized and issued shall be conditioned on, among other things, the applicant's completed buildings and installations, in operation, conforming to the applicable performance standards and the applicant's paying the fees for services of the expert consultant or consultants deemed reasonable and necessary by the Planning Board for advice as to whether or not the applicant's completed buildings and installations will, in operation, conform to the applicable performance standards.