Hackensack City Zoning Code
Article
XV Performance Standards
§ 175-15.1 Requirements.
A.
General application. All industrial, business, office, multiple-family
residential and health service uses, are subject to the following
performance standards and procedures. The regulations contained in
this article shall not apply to one- and two-family dwellings but
shall apply to any home occupations contained in them. Other uses,
existing or proposed, which the Construction Code Official or Zoning
Officer have reasonable grounds to believe violate these performance
standards, shall be subject to the provisions of this article as well.
B.
Compliance with performance standards.
(1)
Prior to construction and operation. Any application for a building
permit for a use which shall be subject to performance standards shall
be accompanied by a sworn statement by the owner of the subject property
that said use will be operated in accordance with the performance
standards set forth herein.
(2)
Continued compliance. Continued compliance with performance
standards is required and enforcement of continued compliance with
these performance standards shall be enforced by the Construction
Code Official and Zoning Officer.
C.
Detection locations of nuisance elements. The location where determinations
are to be made for the enforcement of performance standards shall
be made at or outside the closer of 25 feet from the building or the
property lines of the use creating such element for noise, odor, vibration,
glare, dust, smoke, air pollution or water pollution. Additionally,
where there are multiple uses in one building, nuisances shall also
be measured at the wall or floor separating nonresidential uses and
residential uses.
§ 175-15.2 Performance standards.
A.
Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in § 175-15.1C.
B.
Glare.
(1)
No direct or sky-reflected glare shall be visible, whether from floodlights or from high-temperature processes, so as to be visible at the points of measurement specified in § 175-15.1C.
(2)
All lights shall be shielded so as to restrict the maximum apex
angle of the cone of illumination to 75° or to such lesser angle
as shall be required to shield the lights from the view of any adjacent
residential properties, which shall include mixed-use properties with
dwelling units.
(3)
Spotlight-type fixtures attached to buildings are prohibited.
(4)
All wiring shall be laid underground, and the lighting fixtures
shall be so arranged that the direct source of light is not visible
from any adjacent residential area.
(5)
Glare from bright electric light bulbs shall be eliminated through
the use of diffusers or the equivalent.
(6)
Strobing lights shall be prohibited on any outdoor light fixture
including signage. Strobing lights within a building shall not be
perceivable outside of the property, including through windows or
open doors.
(7)
Light emitted from or for signs and signage shall also be prohibited from producing glare or being so bright as to disturb motorists on adjacent vehicle rights-of-way or residents. See § 175-13.4I(4).
C.
Smoke and air pollution.
(1)
No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which interfere unreasonably with the comfortable enjoyment of life and property anywhere in the City. All provisions of Title 7, Chapter 27, of the New Jersey Administrative Code (N.J.A.C.), or the regulations contained in this section, whichever shall be more stringent, shall apply.
(2)
No emission shall be permitted, from any chimney or otherwise,
of visible gray smoke of a shade equal to or darker than No. 2 on
the Powers Micro-Ringelmann Chart, published by McGraw-Hill Publishing
Company, Inc., copyright 1954, being a direct facsimile reduction
of a standard Ringelmann Chart as issued by the United States Bureau
of Mines.
(3)
The provisions of this subsection shall not apply to:
(a)
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. 3 of the Powers Micro-Ringlemann Chart for a period or periods
aggregating no more than three minutes in any 15 consecutive minutes.
(b)
Smoke resulting from any fire ignited solely for the purpose
of training or research in fire prevention or protection.
(c)
Smoke from locomotives the shade or appearance of which is equal
to but not darker than No. 3 of the Powers Micro-Ringelmann Chart
for a period or periods aggregating no more than 30 seconds in any
three consecutive minutes, or smoke of said density for a period aggregating
no more than four minutes in any 15 consecutive minutes when building
a new fire.
(d)
Household fireplaces.
D.
Odors. No emission of odorous gases or other odorous matter in such quantity as to be readily detectable at the points identified in § 175-15.1C shall be permitted.
E.
Dust. Solid particles shall not be emitted in concentrations exceeding
standards established by the New Jersey Department of Environmental
Protection.
F.
Fly ash. No emission of any fly ash shall be permitted to be discharged
from any stack or chimney into the open air in excess of the quantity
set forth in regulations promulgated by the New Jersey Department
of Environmental Protection.
G.
Noise.
(1)
No public address system shall be permitted except where such
system shall not be audible at any property line.
(2)
Permissible noise levels. The standards below or N.J.A.C. 7:29-1.2,
whichever is more strict, shall apply:
(a)
At the points of measurement specified in § 175-15.1C, the maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in the following table, after applying the corrections shown therein. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. American Standard Sound Level Meters for Measurements of Noise and Other Sounds, Z. 24.3-1944, American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Sounds, Z.24-10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used.
Maximum Permitted Noise Levels | |
|---|---|
Frequency Ranges Containing Standard Octave Bands (cycles per second) | Octave Band Sound Pressure Level (decibels re 0.0002 dyne/cm2) |
20 to 300 | 60 |
300 to 2,400 | 40 |
Above 2,400 | 30 |
Type or Location of Operation Correction or Character
of Noise in Decibels APPLY ONE OF THE CORRECTIONS, BELOW, ONLY | CORRECTIONS TO BE APPLIED TO OCTAVE BAND SOUND PRESSURE
LEVEL IN DECIBELS |
Daytime operation only (7:00 a.m. to 7:00 p.m.) | +5 |
Noise source operating less than: | |
20% of any 1-hour period | +5 |
5% of any 1-hour period | +10 |
Noise of impulsive character (hammering, etc.) | –5 |
Noise of periodic character | –5 |
Noise measured in mixed-use buildings | –5 |
(3)
When a development produces or is affected by noise that exceeds
the standards in this article or N.J.A.C. 7:29-1.2, the applicant
or owner shall provide noise attenuation techniques based on an analysis
conducted by a qualified acoustical engineer. The analysis shall include
a description of the noise environment and the construction or other
methods necessary to attenuate the noise to permitted levels. When
so required, the noise analysis and mitigation plan shall be submitted
with a development application.
H.
Radioactivity or electrical disturbance. No activities shall be permitted
which emit dangerous radioactivity or electrical disturbances adversely
affecting the operation of any equipment. Electricity and electronic
equipment shall be shielded so there is no interference with any radio
or television reception at the lot line or beyond or in the case of
multifamily dwellings, beyond the operator's dwelling unit, as a result
of the operation of such equipment. All applicable federal and state
regulations shall be complied with.
I.
Fire and explosion hazards. All activities involving and all storage
of flammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion and adequate
firefighting and fire-suppression equipment and devices standard in
this industry. Burning of waste materials in open fires is prohibited.
The relevant provisions of state and local laws and regulations shall
also apply.
J.
Wastes.
(1)
Liquid wastes. No liquid waste shall be discharged into the
watercourse in the City without all necessary permits from the New
Jersey Department of Environmental Protection (NJDEP). No liquid waste
shall be discharged into the public sewage collection and disposal
system unless the appropriate City official shall have first investigated
the character and volume of such wastes and shall have certified that
the City 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, the 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.
(2)
Solid waste. Each property owner shall be responsible for:
(a)
Adequate and regular collection and removal of all refuse, except
where the City assumes such responsibility. No materials or wastes
shall be deposited upon a lot in such a manner that they can be transferred
off the lot, directly or indirectly, by natural forces such as precipitation,
evaporation or wind.
(b)
Compliance with all applicable provisions of the NJDEP.
(d)
No accumulation on the property of any junk or other objectionable
materials except in designated trash receptacles.
(e)
All materials or waste which might create a pollutant, a hazard,
or be attractive to rodents or insects shall be stored indoors and/or
be enclosed in appropriate containers to eliminate such pollutant
potential, hazard or attraction. Such enclosure shall be designed
to prohibit rats or insects from burrowing or forming nests in walls,
or using the space between walls to travel from waste storage spaces
to any neighboring uses in the same building.
K.
Temperature change. Any use or process shall not produce a temperature
change greater than 3° C. at the measuring location.
L.
Loading and unloading. Loading and service areas shall be designed,
and loading and unloading activities shall be conducted such that:
(1)
Loading and service areas shall be limited to the rear yards
or to the rear half of any side yards;
(2)
Vehicles are shut off during loading or unloading operations
longer than three minutes;
(3)
Headlights from vehicles shall be shut off during loading or
unloading operations where the headlights are pointed towards public
roads, dwellings, or buildings containing dwellings;
(4)
Loading and unloading activities shall be prohibited between
9:00 p.m. and 7:30 a.m. in any loading or services areas within 200
feet of a residence or mixed-use property.
§ 175-15.3 Performance design criteria.
In the judgment of the Planning Board, in accordance with the
spirit and intent of this article, the following design criteria shall
be adhered to in each and every case, except where otherwise provided:
A.
Traffic access. That all proposed site traffic accessways are adequate
but not excessive in number; adequate in grade, width, alignment and
visibility; and not located too near street corners, entrances to
schools or places of public assembly; and other similar considerations.
B.
Circulation and parking. That interior circulation is adequate and
that all required parking spaces are provided and are easily accessible.
All off-street parking and loading areas shall be surfaced with a
durable and dust-free surface. All areas shall be properly marked
so as to provide for the orderly and safe loading, parking and storage
of self-propelled vehicles.
C.
Lighting. All exterior lighting devices shall be arranged so as to
reflect the light away from adjoining premises. No rotating or flashing
signs or lights shall be permitted.
D.
Drainage, water supply and sewage disposal facilities. All development
shall be provided with adequate water supply, sewage disposal and
drainage facilities in accordance with the City requirements.
E.
Disposal of usable open space. Usable open space shall be so arranged
as to ensure the health and safety and to promote the general welfare.
F.
Arrangement of buildings. Adequate provision shall be made for light,
air, access and privacy in the arrangement of buildings.
G.
Landscaping. Landscaping, where required, shall be provided in order
to enhance and protect the natural and scenic qualities of the land.
Where adjacent land use dictates, screening and buffer areas shall
be required.
H.
Wetlands. Wetland areas and wetland transitional areas, also known
as wetland buffers, shall be preserved and protected in accordance
with law. Wetlands and wetland buffers shall not be considered usable
open space.