Guttenberg City Zoning Code
§ 28-8
PERFORMANCE STANDARDS.
[Ord. 3/87 § 4.430]
All proposed uses shall provide documentation to the satisfaction of the Enforcing Officer that the proposed use will be in conformance with the performance standards listed herein. In the case of a structure being built for future lease, in whole or in part, the Enforcing Officer shall waive this documentation for purposes of issuing a Building Permit if all other applicable requirements are met, but shall not issue a Certificate of Compliance or a Certificate of Occupancy until such time as all requirements with respect to a particular occupant and/or use are met. In the event that any use fails to meet the performance standards after a Certificate of Compliance or Occupancy is issued, the Enforcing Officer may, after proper notice, require that the use be terminated within 60 days unless the condition can be corrected to satisfactorily meet the performance standards listed herewith:
a.
Smoke, Dust, Dirt and Fly Ash. Shall not exceed the limits set by State and local Air Pollution Codes.
b.
Odor. The emission of obnoxious odors of any kind shall not be permitted.
c.
Gases. No gas shall be emitted which is deleterious to the public health or safety.
d.
Glare. Arc welding, acetylene torch cutting or similar processes that produce glare shall be performed within an enclosed building or shall be screened from view from any point beyond the property line.
e.
Vibration. No use shall cause earth vibrations or concussions detectable beyond its property lines, without the aid of instruments, with the exception of that vibration produced as a result of constructional activity.
f.
Fire and Safety Hazard. The storage of crude oil or any of its volatile products or other highly inflammable liquids in aboveground tanks shall be in accordance with local and State regulations. The permitted manufacture or storage of explosive or poisonous gases shall be in accordance with local and State regulations.
The storage, baling or treatment of rags, wastes, scrap paper or similar materials shall be in an enclosed masonry building, no part of which may be located closer than 50 feet from any property line.
g.
Sewage Waste. Liquid wastes and effluents shall be discharged into an approved existing sewage treatment plant in accordance with the regulations of that system or shall be treated in a treatment plant operated by the permitted use which is in compliance with applicable State and local requirements.
h.
Open Storage.
1.
Other than junk and/or scrap and auto wrecking yards, all open storage shall be located within an area not closer than 50 feet from any street right-of-way line and shall be enclosed with a greenbelt planting strip, or other approved screening, not less than eight feet in width, and not less than eight feet in height, to normally screen view of stock piles. The storage of lumber, coal or other combustible material shall not be less than 20 feet from any interior lot line, and a roadway shall be provided, graded, surfaced and maintained from the street into the property to permit free access of fire trucks at any time.
2.
Junk and/or scrap and auto wrecking yards shall be permitted only when enclosed within a fence not less than six feet in height, not less than 50 feet from any street or right-of-way line, and fronted with an evergreen planting strip to attain not less than eight feet in height to screen yard from outside view.
i.
Noise. At no point on or beyond the boundary of any lot shall the sound pressure level resulting from any use or activity, whether open or enclosed, (except noise not directly under control of the property user, no noises resulting from the construction and maintenance of buildings and facilities including site preparation, and the noises of safety signals, warning devices, railroads, the automobile traffic) exceed the minimum permitted decibel levels for the designated octave band as set forth below:
Octave Band, Frequency in Cycles per Second | Sound Pressure Level in Decibels |
|---|---|
0 to 74 | 73 |
75 to 149 | 68 |
150 to 299 | 60 |
300 to 599 | 53 |
600 to 1,199 | 47 |
1,200 to 2,399 | 41 |
2,400 to 4,799 | 35 |
4,800 and over | 33 |
j.
Topography. The topography of any parcel shall remain substantially unaltered by development of any type unless same is approved by the Planning Board and further approved by the Board Engineer, and in those cases where it has jurisdiction, by the New Jersey Department of Environmental Protection.
k.
Liquid or Solid Waste. There shall be no discharge of any kind of waste into a reservoir or river. The discharge of untreated waste into any body of water is prohibited. All methods of industrial waste treatment shall be approved by the appropriate County Health Agency. Effluent from treatment plants shall at all times comply with the following standards:
1.
Maximum five day biochemical oxygen demand: Five parts per million.
2.
Maximum quantity of effluent: 10% of minimum daily stream or river flow.
3.
Maximum five day biochemical oxygen demand after dilution (B.O.D. of effluent multiplied by quantity of effluent divided by quantity of stream flow): 0.25 parts per million.
4.
Maximum phenol: 0.01 parts per million.
No effluent shall contain other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors, discoloration, poison or otherwise pollute the stream or river in any way.