Emerson City Zoning Code
ARTICLE IX
Performance Standards
§ 290-46 General application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Land Use Board or to its designated representative, that the proposed use, structure, process or equipment will conform fully to 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 thereof to be borne by the applicant. The Land Use 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. Permits and certificates required by other government agencies shall be submitted to the Land Use Board as proof of compliance with applicable codes for special exception uses, or for use variances which must meet these performance standards.
§ 290-47 Conditional permits.
A.
In the event that a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this article, the Land Use Board may issue a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
B.
Within 30 days after a certificate of occupancy is granted, a final permit shall be applied for and satisfactory evidence submitted that all standards established by this article have been met.
§ 290-48 Nuisance elements.
A.
Definition of nuisance elements. A "nuisance element" is any noise, radioactivity, vibration, glare, smoke, odor, air pollution or dust which exceeds the performance standards established under this article. In the event that comparable standards are adopted by the federal or state governments or authorized agencies and these standards are more stringent, then such more stringent standards shall apply.
B.
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:
[Amended 5-20-2014 by Ord. No. 1481]
Zone | |||
|---|---|---|---|
Nuisance Characteristic | R-10, R-22.5, R-7.5, LB, RB | RC | IM |
Smoke | VS | VS | VS |
Solid particles | VS | VS | VS |
Odors | SL | PL | ZL |
Liquid wastes | BW | PL | PL |
Solid wastes | BW | SL | SL |
Radiation | VS | VS | VS |
Noise | PL | PL | PL |
Vibration | BW | PL | PL |
Glare | BW | PL | PL |
Heat* | VS/LW/PL | VS/PL | VS/PL |
*NOTE: For heat, measurement shall be made at the vent or smokestack for heated air and at the property line for heated liquid or solid discharge. Code: VS = vent or smokestack; PL = property line; ZL = zone line; BW = building wall; SL = required setback line. | |||
C.
Continued compliance. Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.
§ 290-49 Air pollution.
A.
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 Borough. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented by regulations hereinafter designated as the "code," and all the following provisions stated, whichever shall be the more stringent, shall be complied with.
B.
Smoke.
(1)
In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that 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 Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.
C.
Solid particles.
(1)
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(2)
In any remaining zone, the allowable discharge shall be 75% of the allowable emission permitted by said code.
(3)
No open burning shall be permitted in any zone.
(4)
All incinerators shall be approved by the State Department of Health.
(5)
No solid fuel shall be used to heat or cool any building or used in any process.
(6)
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.
D.
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments.
§ 290-50 Wastes.
A.
Liquid wastes. No liquid waste shall be discharged into any watercourse in the municipality except as herein provided. If the applicant proposes to construct facilities for the treatment of waste, he shall supply:
(1)
A statement by the New Jersey Department of Health that such proposed facilities are in compliance with applicable state laws and regulations.
(2)
Approval by the appropriate officials of the installation of such facilities. No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate municipal or authority officials 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, 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.
B.
Solid wastes. Each user shall:
(1)
Assume full responsibility for the adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(2)
Comply with all applicable provisions of the Air Pollution Control Code.
(3)
Comply with all provisions of N.J.A.C. 7:26, Solid Waste.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Permit no accumulation on the property of any solid waste, junk or other objectionable materials.
(5)
Not engage in any sanitary landfill operation on the property.
§ 290-51 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 1954, as amended, and any codes, rules or regulations promulgated under such Act, as well as the Radiation Protection Act, Chapter 116, P.L. 1958, as amended, whichever shall be more stringent.
§ 290-52 Noise. [1]
A.
The purpose of this section is to ensure that the environmental character of the area surrounding the proposed use, with respect to noise, shall not be altered. The standards established herein shall be interpreted in any specific case with this objective in mind.
B.
Measurements, if required under this section, shall be made at the locations noted in § 290-48B. These measurements shall be made by using equipment meeting the United States Standards Institute standard S 1.4 or the latest revision thereof and S 2.22 of the latest revision. Ambient noise levels shall be measured between the hours of 9:00 p.m. and 11:00 p.m. for periods of at least one hour and on three separate occasions, when the use is not in operation. The permitted noise level of the proposed use, measured at the measuring line, shall not exceed the ambient noise levels. Ambient levels may be increased by three decibels if the noise is continuous and operates only from 6:00 a.m. to 6:00 p.m. Pure tones shall be at least five decibels below the octave band level at the measurement line.
§ 290-53 Vibration.
In any zone, no vibrations discernible without instruments at the measuring point shall be permitted.
§ 290-54 Glare.
A.
"Glare" is the sensation produced by brightnesses within the visual field that are sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility. "Direct glare" is glare resulting from insufficiently shielded light sources in the field of view. "Reflected glare" results from specular reflections of high brightness in polished or glossy surfaces in the field of view.
B.
No direct glare shall be permitted except as may be caused by lights placed on standards not exceeding the maximum height of structures allowed in the zone and shielded so as to restrict the maximum apex angle of the cone of illumination to 150º and the maximum intensity of illumination at ground level of 10 footcandles. For lights mounted on the structure, the upper edge of the apex angle shall not exceed 75º from the horizontal.
§ 290-55 Heat.
"Heat" is thermal energy of a radiative, conductive or convective nature. In any zone, any use or process shall not produce a temperature rise discernible at the measuring point or discharge water into any watercourse which shall produce a temperature increase of greater than 3º in that watercourse.
§ 290-56 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 Land Use Board may require the applicant to supply proof of:
A.
Approval of the use, structure, process or resulting product or material from the State Department of Labor and Workforce Development indicating that adequate safeguards against fire and explosion have been taken or installed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Approval from the appropriate Borough Fire Company that the applicant has complied with all applicable fire prevention regulations.
§ 290-57 Aesthetics.
A.
Buffers. Where buffers are required along any rear or side lot lines, they shall consist of a minimum of three staggered rows of evergreens, at least six feet in height when installed and interspersed with low evergreen-type plants. No parking, driveways or accessways shall be permitted in the buffer area. Buffer strip requirements shall be in addition to all rear and side yard requirements.
B.
The Land Use Board may request an opinion from the Borough Environmental Commission for its recommendations and, where indicated, require buffers additional to the minimum. To ensure proper protection for adjacent properties, the Land Use Board shall approve species of plants and trees, locations and density of planting proposed in any buffer strip.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
It shall be the responsibility of the owner and/or occupant to maintain any plantings in buffer strips and replace them if they are destroyed or die.
D.
The Land Use Board shall specify the date when buffer plants shall be installed.
§ 290-58 Outside storage.
No open or outside storage of manufacturing or other materials, junk, scrap or waste products, of any kind, retail products or inventory shall be permitted, except that refuse for collection may be stored in suitable covered containers in rear yards and adjacent to the principal structure.[1]