As a condition to the approval of any subdivision, site plan, construction permit, certificate of occupancy, certificate of zoning compliance, variance, conditional use or continuance of a nonconforming use, the applicant shall supply evidence, satisfactory to the appropriate officer or board, that the proposed use, structure, process or equipment will conform fully with all of the applicable standards stated in this article and governing control over nuisances. As evidence of compliance, approving authorities may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The approving authority 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 ensure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the approving authority as proof of compliance with applicable codes.

For conditional uses or for use variances which must meet these performance standards, the Planning Board or Board of Adjustment shall neither approve nor recommend approval of any use until it receives an affidavit from the applicant that all performance standards established in this article have been complied with.

Failure by any approved applicant to conform to the standards herein covering nuisances shall be cause for the Zoning Enforcement Official and/or the Construction Official, to enforce these standards. (See Chapter 159.)

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 appropriate official or board may issue a conditional approval. The conditional approval would be based on submission of evidence that the proposed use, process or equipment will meet the standards established in this article after completion of installation and operation.

Within 30 days after such installation is complete, the applicant shall apply for a certificate of occupancy and give satisfactory evidence that all standards established by this article have been met.

Definition. A "nuisance element" is any noise, radioactivity, vibration, surface or drainage water runoff, glare, smoke, odor, air and water pollution, dust, unsightliness or filth which exceeds the performance standards established under this article.

Location of determination. The determination of the existence of nuisance elements shall be made at the following locations:

Air pollution.

Wastes.

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, Public Laws 1958, as amended, whichever shall be the more stringent.

Noise. See Borough Code Chapters 155 and 175 and N.J.A.C. 7:29.

Vibration. In any zone, no vibrations discernible without instruments at the measuring point shall be permitted.

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.

Heat. Heat is thermal energy of a radioactive, conductive or convective nature. In any zone, any use or process shall not produce a temperature rise discernible at the measuring point, nor discharge water into any watercourse which shall produce a temperature increase of greater than 3° in that watercourse.

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 Planning Board may require the applicant to supply proof of:

Water runoff. Drainage from one property must be so controlled as not to do damage to adjoining properties or adversely affect the community at large. Volumes, velocity of flow and design standards for handling surface water runoff, both on- and off-site, will be thoroughly considered before any site plan or subdivision approval can be granted and will be controlled by the Borough Surface Water Management Plan. (See Chapter 215.)

Light nuisance in residential areas.