Fair Haven City Zoning Code
§ 30-7.22
Performance Standards.
[2002 Code § 16.28.210]
a.
General Provisions. 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 Municipal Agency, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.
1.
As evidence of compliance, the Municipal Agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.
2.
The Municipal Agency 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.
3.
Permits and certificates required by other government agencies shall be submitted to the Municipal Agency as proof of compliance with applicable codes.
4.
If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the Municipal Agency or Administrative Officer (Zoning Officer) may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant, or specific use in question.
5.
Conditional Permit. In the event 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 section, the Municipal Agency may issue or may recommend issuance of 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. Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence shall be applied for and satisfactory evidence submitted that all standards established by this subsection have been met.
b.
Applicability and Enforcement of Performance Standards.
1.
Applicability.
(a)
Prior to Construction and Operation. Any application for development or building permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this section, and a sworn statement filed by the owner of the subject property or the operator of the proposed use that the use will be operated in accordance with the performance standards set forth herein.
(b)
For Existing Structures. Any existing structure or use which is after the effective date of the ordinance codified in this chapter, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.
2.
Continued Compliance. Continued compliance with performance standards is required and shall be enforced by the Construction Official or Administrative Officer (Zoning Officer).
3.
Termination of Violation. All violation shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
4.
Violation Inspection. Whenever, in the opinion of the Construction Official or Administrative Officer (Zoning Officer), there is a reasonable probability that any use or occupancy violates the regulations of this chapter, they are empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this subsection are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements, and analyses.
c.
Performance Standards Established.
1.
Noise.
(a)
The definitions contained in the noise control regulations of the New Jersey Department of Environmental Protection (N.J.A.C. 7:29-1.1 et seq., are incorporated by reference without being set forth in full with regard to this subsection.
(b)
No person shall cause, suffer, allow or permit, nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:
(1)
Continuous airborne sound which has a sound level in excess of 50 dBA; or
(2)
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands:
Octave Band Center Frequency (Hz) | Octave Band Sound Pressure Level (dB) |
|---|---|
31.5 | 86 |
63 | 71 |
125 | 61 |
250 | 53 |
500 | 48 |
1,000 | 45 |
2,000 | 42 |
4,000 | 40 |
8,000 | 38 |
; or
(3)
Impulsive sound in air which has an impulsive sound level in excess of 80 decibels;
(4)
The provisions of this subsection shall not apply to:
i.
Agriculture,
ii.
Bells, chimes or carillons while being used in conjunction with religious services,
iii.
Commercial motor vehicle operations,
iv.
Emergency energy release devices,
v.
Emergency work to provide electricity, water, or other public utilities when public health or safety are involved,
vi.
National Warning System (NAWAS) signals or devices used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency,
vii.
Noise of aircraft flight operations,
viii.
Public celebrations,
ix.
Public roadways,
x.
Stationary emergency signaling devices,
xi.
The unamplified human voice,
xii.
Use of explosive devices. These are regulated by the New Jersey Department of Labor and Industry under the Explosives Act (N.J.S.A. 21:1A-128 et seq.).
2.
Air Pollution. 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 municipality. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented and all the following provisions stated, whichever shall be more stringent, shall be complied with.
3.
Smoke. In any 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 incinerator of fuel burning equipment, provided, however, that smoke emitted during the cleaning of a fire box or a building of a new fire, the shade or appearance of which is no 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 30 consecutive minutes.
4.
Solid Particles.
(b)
In any other zone, except industrial zones, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
(c)
In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
(d)
No open burning shall be permitted in any zone.
(e)
All incinerators shall be approved by the State Department of Environmental Protection.
(f)
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.
5.
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be to be detected without instruments. 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. Table I (Odor Thresholds in Air) in Part I (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 quantities of offensive odors.
6.
Liquid Waste. No liquid waste shall be discharged into any water course, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Municipal Engineer, and where required by the New Jersey Department of Environmental Protection.
7.
Solid Waste. All uses in the municipality shall:
(a)
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.
(d)
Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property, except as may be permitted by other municipal codes and ordinances.
(f)
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 United States Atomic Energy Act of 1965, as amended and any codes, rules or regulations promulgated under such Act, as well as the New Jersey Radiation Protection Law, N.J.S.A. 26-2D et seq., as amended, whichever is more stringent.
8.
Fire and Explosion Hazards. All activities shall be carried on only in buildings, classified as fireproof by the State Uniform Construction Code and as determined by the Fire Department. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Fire Department.
9.
Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.10 inches per second for impact vibrations. Particle velocity is to be determined by the formula 6.28F, where F is the frequency of the vibration in cycles per second. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this section, 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.
10.
Electromagnetic Interference. There shall be no electromagnetic interference that:
11.
Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than 2° C. at or beyond the boundary of any lot line.
12.
Fire Resistant Construction. All new construction and additions shall be fire resistant construction in accordance with the requirements of the State Uniform Construction Code.
13.
Glare. There shall be no direct or sky-reflected glare exceeding 1.5 footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 footcandle in residential districts.
14.
Lighting and Illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(a)
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandles beyond any property line.
(b)
Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.
(c)
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.