Dover City Zoning Code

§ 236-42

Specific performance standards established; regulation of nuisance elements.

A "nuisance element" is any solid particle discharge, odor, liquid or solid waste, radiation, noise, vibration, glare, temperature change, fire and explosion hazard or electromagnetic interference, which exceeds the performance standards established under this section.

Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of nuisance elements shall be made at the following locations:

	Nuisance Characteristic	Location
	Smoke	Vent or smokestack
	Solid particle discharge	Vent, smokestack or property line
	Odors	Required setback lines
	Liquid wastes	Outlet
	Solid wastes	Within property line
	Radiation	Vent, smokestack or building wall
	Noise	Residential district boundary and lot boundary as noted
	Vibration	Building wall
	Glare	Property lines
	Temperature change	Vent or smokestack for air and at the outlet for liquid or solid discharge
	Fire and explosion hazards	Within property line
	Electromagnetic interference	Outside property line

Standards to be enforced.

General. 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 Town of Dover. All provisions of Title 7, Chapter 27, N.J.A.C., as amended and as augmented by regulations hereinafter designated, and all the following provisions stated, whichever shall be the more stringent, shall be complied with.

Smoke.

In any zone, no smoke, the shade of which is darker than No. 1 of the Ringlemann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that the smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringlemann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.

Smoke emissions from the combustion of fuel in mobile sources and from stationary internal-combustion engines shall not exceed the limits set forth in Title 7, Chapter 27, N.J.A.C.

Solid particle discharge.

In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of allowable emission established by Title 7, Chapter 27, N.J.A.C.

In any other zone, except the Industrial Zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 75% of allowable emission established by Title 7, Chapter 27, N.J.A.C.

In the Industrial Zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than the allowable emission established by Title 7, Chapter 27, N.J.A.C.

No open burning shall be permitted in any zone.

All incinerators shall be approved by the State Department of Environmental Protection and Energy (NJDEPE).

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 the movement of such vehicles or equipment.

Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process which may involve the creation or emissions of any odors shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by The Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining threshold limits of odors.

Liquid wastes. No liquid waste shall be discharged into any watercourse in the Town except as herein provided.

If the applicant proposes to construct facilities for the treatment of wastes, he shall supply a statement by the NJDEPE that such proposed facilities are in compliance with applicable state laws and regulations.

No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate Town officials and Rockaway Valley Regional Sewerage Authority (RVRSA) 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 said 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.

No liquid waste shall be discharged into any storm drain, watercourse, ground sump, well, seepage pit or percolation area or onto the ground surface without being done so in accordance with an approved New Jersey Pollution Discharge Elimination System (NJPDES) permit issued by the NJDEPE.

Solid wastes. Each property owner shall:

Assume full responsibility for adequate and regular collection, storage and removal of all refuse except if the Town of Dover assumes the responsibility.

Comply with all applicable provisions of the NJDEPE.

Comply with all provisions of Title 7, Chapter 27, N.J.A.C.

Permit no accumulation on the property of any solid waste, junk or other objectionable materials.

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 1965, as amended, as well as the New Jersey Radiation Protection Law, N.J.S.A. 26:2D-1 et seq., as amended, whichever shall be more stringent.

Noise. The definitions contained in the Noise Control Regulations of the NJDEPE (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.[1]

Measurements required under this section shall be made at the locations noted. Measurements shall be made by an individual certified by the NJDEPE to take sound measurements, 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 sound-pressure level of any operation shall not exceed the described levels in the designated octave bands shown below for the locations indicated:

	SOUND LEVELS
	Octave Band (cycles per second)	Location "A" Maximum Permitted Sound Level (decibels)	Location "B" Maximum Permitted Sound Level (decibels)
	0 to 75	72	79
	75 to 150	67	74
	150 to 300	59	66
	300 to 600	52	59
	600 to 1,200	46	53
	1,200 to 2,400	40	47
	2,400 to 4,800	34	41
	Above 4,800	32	39

Location "A" shall be along all residential district boundary lines if the noise source is in a nonresidential district or all points of the property boundary line if the noise source is in a residential district.

Location "B" shall be along all points of the property boundary line if the noise source is in a nonresidential district.

Measurements shall be made in all frequency/octave bands indicated.

Editor's Note: See also Ch. 254, Noise.

Vibration.

In any zone, no vibrations discernible without instruments at or beyond the property lines on which the source is located shall be permitted. At no point at or beyond the property lines on which the source is located shall the maximum ground-transmitted steady state or impact vibration caused by any use or activity (except those not directly under control of the property owner or user) exceed a particle velocity of 0.10 inch per second for impact vibrations.

Particle velocity is to be determined by the formula 6.2AF, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used.

For the purpose of this chapter, "steady state vibrations" are vibrations which are continuous or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered "impact vibrations."

Glare.

No single standard for glare is promulgated in this chapter due to the impracticality 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 that 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.

Temperature change. In any zone, any use or process shall not produce a temperature change discernible at the measuring point which shall produce a temperature change of greater than three degrees Fahrenheit within 10 feet of the discharge point or property line, whichever is closer.

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 approving agency may require the applicant to supply:

Proof of the 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.

A report from the appropriate fire subcode official indicating that the applicant has complied with all applicable fire prevention regulations.

Electromagnetic interference. There shall be no electromagnetic interference that:

Adversely affects at any point the operation of any equipment other than that belonging to the creator of the interference.

Is not in conformance with the regulations of the Federal Communications Commission.

Dover City Zoning Code

§ 236-42

Specific performance standards established; regulation of nuisance elements.

A "nuisance element" is any solid particle discharge, odor, liquid or solid waste, radiation, noise, vibration, glare, temperature change, fire and explosion hazard or electromagnetic interference, which exceeds the performance standards established under this section.

Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of nuisance elements shall be made at the following locations:

	Nuisance Characteristic	Location
	Smoke	Vent or smokestack
	Solid particle discharge	Vent, smokestack or property line
	Odors	Required setback lines
	Liquid wastes	Outlet
	Solid wastes	Within property line
	Radiation	Vent, smokestack or building wall
	Noise	Residential district boundary and lot boundary as noted
	Vibration	Building wall
	Glare	Property lines
	Temperature change	Vent or smokestack for air and at the outlet for liquid or solid discharge
	Fire and explosion hazards	Within property line
	Electromagnetic interference	Outside property line

Standards to be enforced.

General. 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 Town of Dover. All provisions of Title 7, Chapter 27, N.J.A.C., as amended and as augmented by regulations hereinafter designated, and all the following provisions stated, whichever shall be the more stringent, shall be complied with.

Smoke.

In any zone, no smoke, the shade of which is darker than No. 1 of the Ringlemann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that the smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringlemann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.

Smoke emissions from the combustion of fuel in mobile sources and from stationary internal-combustion engines shall not exceed the limits set forth in Title 7, Chapter 27, N.J.A.C.

Solid particle discharge.

In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of allowable emission established by Title 7, Chapter 27, N.J.A.C.

In any other zone, except the Industrial Zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 75% of allowable emission established by Title 7, Chapter 27, N.J.A.C.

In the Industrial Zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than the allowable emission established by Title 7, Chapter 27, N.J.A.C.

No open burning shall be permitted in any zone.

All incinerators shall be approved by the State Department of Environmental Protection and Energy (NJDEPE).

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 the movement of such vehicles or equipment.

Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process which may involve the creation or emissions of any odors shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by The Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining threshold limits of odors.

Liquid wastes. No liquid waste shall be discharged into any watercourse in the Town except as herein provided.

If the applicant proposes to construct facilities for the treatment of wastes, he shall supply a statement by the NJDEPE that such proposed facilities are in compliance with applicable state laws and regulations.

No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate Town officials and Rockaway Valley Regional Sewerage Authority (RVRSA) 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 said 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.

No liquid waste shall be discharged into any storm drain, watercourse, ground sump, well, seepage pit or percolation area or onto the ground surface without being done so in accordance with an approved New Jersey Pollution Discharge Elimination System (NJPDES) permit issued by the NJDEPE.

Solid wastes. Each property owner shall:

Assume full responsibility for adequate and regular collection, storage and removal of all refuse except if the Town of Dover assumes the responsibility.

Comply with all applicable provisions of the NJDEPE.

Comply with all provisions of Title 7, Chapter 27, N.J.A.C.

Permit no accumulation on the property of any solid waste, junk or other objectionable materials.

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 1965, as amended, as well as the New Jersey Radiation Protection Law, N.J.S.A. 26:2D-1 et seq., as amended, whichever shall be more stringent.

Noise. The definitions contained in the Noise Control Regulations of the NJDEPE (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.[1]

Measurements required under this section shall be made at the locations noted. Measurements shall be made by an individual certified by the NJDEPE to take sound measurements, 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 sound-pressure level of any operation shall not exceed the described levels in the designated octave bands shown below for the locations indicated:

	SOUND LEVELS
	Octave Band (cycles per second)	Location "A" Maximum Permitted Sound Level (decibels)	Location "B" Maximum Permitted Sound Level (decibels)
	0 to 75	72	79
	75 to 150	67	74
	150 to 300	59	66
	300 to 600	52	59
	600 to 1,200	46	53
	1,200 to 2,400	40	47
	2,400 to 4,800	34	41
	Above 4,800	32	39

Location "A" shall be along all residential district boundary lines if the noise source is in a nonresidential district or all points of the property boundary line if the noise source is in a residential district.

Location "B" shall be along all points of the property boundary line if the noise source is in a nonresidential district.

Measurements shall be made in all frequency/octave bands indicated.

Editor's Note: See also Ch. 254, Noise.

Vibration.

In any zone, no vibrations discernible without instruments at or beyond the property lines on which the source is located shall be permitted. At no point at or beyond the property lines on which the source is located shall the maximum ground-transmitted steady state or impact vibration caused by any use or activity (except those not directly under control of the property owner or user) exceed a particle velocity of 0.10 inch per second for impact vibrations.

Particle velocity is to be determined by the formula 6.2AF, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used.

For the purpose of this chapter, "steady state vibrations" are vibrations which are continuous or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered "impact vibrations."

Glare.

No single standard for glare is promulgated in this chapter due to the impracticality 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 that 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.

Temperature change. In any zone, any use or process shall not produce a temperature change discernible at the measuring point which shall produce a temperature change of greater than three degrees Fahrenheit within 10 feet of the discharge point or property line, whichever is closer.

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 approving agency may require the applicant to supply:

Proof of the 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.

A report from the appropriate fire subcode official indicating that the applicant has complied with all applicable fire prevention regulations.

Electromagnetic interference. There shall be no electromagnetic interference that:

Adversely affects at any point the operation of any equipment other than that belonging to the creator of the interference.

Is not in conformance with the regulations of the Federal Communications Commission.