Green Township City Zoning Code
ARTICLE XV
AI-10 Agricultural Industrial District
§ 30-50.1 Permitted Principal Uses.
[1979 Code § 64-92; Ord. No. 1-81; Ord. No. 21-95; Ord. No. 03-03 § 3; Ord. No. 2017-02]
b.
Farmers markets and agricultural retail establishments.
c.
The following uses, conducted entirely within the confines of a building, are permitted:
1.
Processes of manufacturing limited to the fabrication, assembly and packaging of products, but not including the treatment or conversion of raw materials.
2.
Scientific or research laboratories devoted to research, testing, design and/or experimentation and processing and fabricating incidental thereto.
3.
Office buildings for business, professional, executive and administrative purposes.
4.
Data processing facilities.
5.
Governmental buildings and uses for office and administrative purposes.
6.
Retail self-storage warehouses.
§ 30-50.2 Permitted Accessory Uses.
[1979 Code § 64-93; Ord. No. 2011-03 § 5; Ord. No. 2017-02; amended 11-20-2023 by Ord. No. 2023-15]
The following accessory uses are permitted:
f.
Rooftop solar arrays constructed within the confines of and not extending beyond the footprint of lawfully pre-existing structures, which solar array height shall not exceed 12 inches above the existing roof surface of a peaked roof and not exceeding a height of four feet from the existing roof surface of a flat roof, and not resulting in an overall height in excess of that permitted for the principal structure in the zone district in which the property is located. All rooftop solar arrays shall be setback at least five feet from all property lines. The design of the solar array shall conform to all applicable industry standards including the New Jersey Uniform Construction Code, the National Electric Code. A building permit shall be applied for and obtained prior to construction. All design and installation work shall comply with all applicable provisions in the National Electric Code and relevant building and fire regulations.
g.
Ground-mounted solar arrays designed and capable of production of electrical energy not to exceed 110% of the energy needs of the principal structure located upon the same lot, based upon the average electric utility usage over the three-year period immediately prior to the application for the zoning permit; provided, however, that no portion of the solar panel array shall exceed a height of eight feet above existing grade. Such solar panel arrays shall be located in the side or rear yard areas, only, of the lot and, must meet accessory structure setbacks and maximum accessory structure area limitations for accessory structures. If located in the side yard area of the lot, the ground-mounted solar panel arrays shall be buffered from view of adjoining properties and roadways by fencing or vegetation by evergreen plantings having a minimum planted height of 48 inches and not exceeding an on-center planting spacing of 10 feet.
§ 30-50.3 Conditional Uses.
[1979 Code § 64-93.1; Ord. No. 2011-03 § 9; Ord. No. 2011-07 § 5; Ord. No. 2017-02]
a.
Private or commercial recreation facilities, such as golf courses, tennis courts, riding stables or academies and swimming facilities.
b.
Public utility facilities, except that above-grade major utility transmission lines and/or mains shall be prohibited in any runway subzones or runway and subzones of an airport (hazard area) safety zone as established pursuant to N.J.A.C. 16:62.
c.
Cemeteries.
d.
Private and commercial aircraft landing areas.
e.
Wind production systems.
f.
Solar production systems.
h.
Medical marijuana growing, production and manufacturing, in the AI-10 Zone only, subject to the requirements of § 30-82.18.
[Added ]
§ 30-50.4 Required Conditions.
[1979 Code § 64-94; Ord. No. 2017-02]
Except as otherwise provided in this Article, the requirements and limitations contained in the Schedule of Requirements referred to in § 30-31.1 shall be complied with.
§ 30-51.1 Compliance Required.
[1979 Code § 64-95; Ord. No. 2017-02]
Any building, structure or tract of land developed, constructed or used for any permitted principal or accessory industrial use shall comply with all the performance standards as set forth in this section. These performance standards shall apply, unless exceeded by any State or Federal standards or amendments thereto. If there is any reasonable doubt that the intended use will not conform to any subsection of the performance standards, the Planning Board shall request a deposit for each subsection in doubt, which will be used to defray the cost of a special report by an expert consultant qualified to advise on conformance to the required standard. The amount of the deposit shall be made within 30 days of the request and copies supplied to the applicant. If any existing use or building is extended, enlarged or reconstructed, the performance standards shall apply to such extended, enlarged or reconstructed portion or portions of such use or building or structure.
§ 30-51.2 Noise.
[1979 Code § 64-95A; Ord. No. 2017-02]
Measured at the lot line, the sound pressure level of noise emitted by all sources on a single lot shall not exceed the levels tabulated below and corrected for the character of the noise. Measurement shall be made with a sound level meter corresponding to ANSI standard S1.4 and an octave band filter conforming to ANSI standard Z24.10.
Octave Band Center Frequency (cycles per second) | Maximum Sound Pressure Level (decibels relative to 0.002 microbars) |
|---|---|
31.5 | 84 |
63 | 70 |
125 | 57 |
250 | 50 |
500 | 45 |
1,000 | 41 |
2,000 | 38 |
4,000 | 35 |
8,000 | 32 |
Character of Noise | Correction in Decibels |
Night time noise, 10:00 p.m. to 7:00 a.m. | -5 |
Impulsive noise | -5 |
Noise of periodic character | -5 |
§ 30-51.3 Smoke.
[1979 Code § 64-95B; Ord. No. 2017-02]
There shall be no emission of smoke or other visible atmospheric pollutant to give a plume equivalent opacity in excess of 15%. Opacity readings may be made visually by a trained observer or by a stack mounted opacity meter. Steam plumes are exempt from this limit, but steam may not be used to mask other emissions.
§ 30-51.4 Odor.
[1979 Code § 64-95C; Ord. No. 2017-02]
Emission of odorous matter shall be below odor threshold concentrations at the lot line and at the point of maximum ground level concentration if this point is beyond the lot line. Recognized compilations of odor threshold concentrations may be used as standards of the granting of use permits, but for an established use, the actual detectability of odor shall be the standard. Odor threshold compilations include Air Pollution Control Association Paper 68-131, 1968; Table III, Chapter 5 of the Air Pollution Abatement Manual, Manufacturing Chemists Association, Washington, 1951; and the United States Bureau of Mines Technical Paper 480, 1930.
§ 30-51.5 Particulate Emissions to the Atmosphere.
[1979 Code § 64-95D; Ord. No. 2017-02]
a.
Dust, dirt, fly ash and other particulates shall be controlled so that no such emission will cause damage to human health, animals, vegetation or other property or which can cause any excessive soiling beyond the lot line of the source use. There shall be no emission of any solid or liquid particulate matter in excess of 0.015 grains per dry standard cubic foot of stack gas, corrected to 12% carbon dioxide (CO2). Particulate emission determinations shall be made according to Environmental Protection Agency Method 5.
b.
Fugitive dust shall be held to a minimum by use of good housekeeping practices and other appropriate control techniques.
§ 30-51.6 Noxious Gases.
[1979 Code § 64-95E; Ord. No. 2017-02]
Under no circumstances shall any use emit noxious, toxic or corrosive fumes or gases. Reference shall be made to Table I, Industrial Hygiene Standards, Maximum Allowable Concentrations, Chapter 5, of the Air Pollution Abatement Manual for determination of toxic pollutants to be prohibited.
§ 30-51.7 Glare and Heat.
[1979 Code § 64-95F; Ord. No. 2017-02]
No industrial uses shall carry on an operation which will produce heat or direct or sky-reflected glare beyond the property line of the lot on which the use is located. Industrial and exterior lighting shall be used in such a manner that it produces no glare on public highways and neighboring property.
§ 30-51.8 Fire and Explosion Hazards.
[1979 Code § 64-95G; Ord. No. 2017-02]
All activities shall be carried on only in structures which conform to the standards of the State Uniform Fire Code, or the State Uniform Construction Code or other applicable local ordinance, whichever is more restrictive. All operations shall be carried on and combustible raw materials, fuels, liquid and finished products shall be stored in accordance with the standards of the American Insurance Association.
§ 30-51.9 Liquid and Solid Wastes.
[1979 Code § 69-95H; Ord. No. 2017-02]
There shall be no discharge at any point of treated or untreated sewage or industrial waste into any stream, lake or reservoir or into the ground of any material which may contaminate the water supply or endanger human health and welfare. No industrial waste shall be discharged into any system nor shall any wastes be discharged in the public sewer system which are dangerous to the public health and safety.
a.
Maximum five-day biochemical oxygen demand shall be 5.0 parts per million.
b.
Maximum quantity of effluent shall be 10% of minimum daily stream flow.
c.
Maximum five-day biochemical oxygen demand after dilution, biochemical oxygen demand of effluent multiplied by quantity of effluent divided by quantity of stream flow, shall be 0.25 parts per million.
d.
Acidity or alkalinity shall be neutralized to a pH of 7.0 as a daily average on a volumetric basis, with a temporary variation of 6.0 to 8.5.
e.
Wastes.
1.
Wastes shall not contain any insoluble substances in excess of 5,000 parts per million, and no insoluble substances shall be noticeable in the water or deposited along the above or on the aquatic substrata in quantities detrimental to the natural biota.
2.
Wastes shall contain no cyanides and no halogens.
3.
Threshold odor number shall not exceed 24° to 60° C.
5.
No effluent shall contain any acids, ores, dust, toxic metals, corrosive or other toxic substance in solution or suspension which may cause odors, discolor, poison or otherwise pollute streams and waterways in any way. There shall be no thermal discharges which detrimentally affect the natural aquatic biota or reasonably anticipated reuse of the waters. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.
6.
All methods of sewage and industrial waste treatment and disposal shall be approved by the New Jersey State Department of Environmental Protection and the Sussex County Department of Health.
§ 30-51.10 Vibration.
[1979 Code § 69-951; Ord. No. 2017-02]
No activity shall cause or create a steady state or impact vibration at or beyond the lot line causing acceleration in excess of that indicated in the attached figures. The numbers on the ordinate are peak values of sinusoidal accelerations or 1.4 times the root mean square values of random vibrations measures in octave bands. These criteria are for vertical vibrations and are to be reduced by a factor of 1.4 for horizontal vibrations. The ordinate unit g is 9.81 m/sec2 (32.2 ft/sec2).[1]
[1]
Editor's Note: The "attached figures" referred to in this subsection are on file in the office of Township Clerk.
§ 30-51.11 Radioactivity and Electrical Disturbance.
[1979 Code § 69-65J; Ord. No. 2017-02]
Radioactivity shall not be emitted to exceed quantities established as safe by the United States Bureau of Standards or FCC Guidelines, as amended from time to time. No electrical disturbances, except from domestic household appliances, adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance shall be created.
§ 30-51.12 Conformance to State Standards.
[1979 Code § 69-95J; Ord. No. 2017-02]
Any operation shall also comply with any applicable State standards and requirements and particularly to the New Jersey Department of Environmental Protection Administrative Code, Title 7, Chapter 27, Subchapters 3, 4, 5, 6, 7, 11, 13 and 16.
a.
Enforcement of Performance Standards. An industry desiring to build, develop or utilize a tract or site of land must submit an application to the Planning Board in accordance with Article IX. The application shall include the following detailed information concerning the environmental effects regulated by the performance standards and certification by a registered architect or engineer for the applicant that the proposed use can meet the performance standards of this subsection.
b.
The procedure for enforcement for established industries shall be as follows: If a violation of the performance standards created has occurred, the Zoning Officer shall send a written notice of the violation to the owners of the property by certified mail. The owner(s) shall have 30 days to correct the violation unless, if in the opinion of the Zoning Officer, there is an imminent peril to life and property, in which case the violation shall be corrected immediately. Where determinations of violation can be made by the Zoning Officer using equipment normally available to the Township or otherwise obtainable without extraordinary expense, such determination shall be so made before notice of the violation is issued.
c.
Where technical complexity or extraordinary expense makes it unreasonable for the Township to maintain the personnel or equipment necessary to make the determination of violation, then the Township shall call in properly qualified experts to make the determination. If expert findings indicate a violation of the performance standards, the costs of the determination shall be assessed against the properties or persons responsible for the violation, in addition to the other penalties prescribed by this chapter. If no violation is found, cost of the determination shall be paid entirely by the Township.