Hasbrouck Heights City Zoning Code
ARTICLE IX
Performance Standards
§ 275-33 General application.
All uses, either existing or proposed, shall be subject to the following standards.
§ 275-34 Compliance with performance standards.
A.
Prior to commencement of construction and/or operation. Any application for a building permit or certificate of occupancy 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 shall be operated in accordance with the performance standards set forth herein.
B.
Continued compliance. Continued compliance with performance standards shall be required and enforcement of continued compliance with these performance standards may be enforced by the Construction Official, Borough Engineer or Health Officer.
§ 275-35 Determination where performance standards are to be measured.
§ 275-36 Performance standards.
A.
Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in § 275-35 herein.
B.
Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in § 275-35 herein.
C.
Smoke.
(1)
The emission standard of this chapter or as promulgated by the New Jersey Department of Environmental Protection, whichever is more restrictive, shall pertain.
(2)
No emission shall be permitted, from any chimney or otherwise, of visible gray smoke at a shade equal to or darker than No. 1 on the Power's Micro-Ringelmann Chart, published by McGraw Hill Publishing Company, Inc., copyright 1954, being a direct facsimile reduction of a standard Ringelmann smoke chart as issued by the United States Bureau of Mines.
(3)
The provisions of this subsection shall not apply to:
(a)
Visible gray smoke of a shade not darker than No. 2 of said chart which may be emitted for not more than four minutes in any thirty-minute period.
(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 Power's 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. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive as measured as set forth in § 275-35.
E.
Fly ash and dust. No emission of any fly ash or dust shall be permitted to be discharged from any stack, chimney or by other means into the open air in excess of the quantity set forth in regulations promulgated by the New Jersey Department of Environmental Protection.
F.
Noise.
(1)
There shall be no noise from any source, other than transportation facilities or temporary construction work, which shall exceed the values given in the following table, in any octave band or frequency. The sound level analyzer that conforms to the specifications published by the American Standard Sound Level Meters for Measurement of Noise and Other Sounds Z24.3-1944, American Standards Association, Inc., New York, New York, and American Standards Specifications for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds Z24.10-1953, American Standards Association, Inc., New York, New York, shall be used.
Frequency Band in Cycles per Second | Sound Pressure Level (decibels re 0.0002 dynes/cm2) | |
|---|---|---|
0 to 75 | 65 | |
75 to 150 | 50 | |
150 to 300 | 44 | |
300 to 600 | 38 | |
600 to 1,200 | 35 | |
1,200 to 2,400 | 32 | |
2,400 to 4,800 | 29 | |
Above 4,800 | 26 |
(2)
If objectionable noises due to intermittence, beat frequency or hammering exist or if the noise is not smooth and continuous, corrections shall be made to the above tables by subtracting five decibels from each decibel level given.
(3)
All central air-conditioning units, heat pump units and other HVAC equipment which must be installed on the exterior of a structure shall be located as provided in § 275-16B(7) and shall be suitably landscaped to buffer the noise created by normal operation and to screen the equipment from view from any adjoining property at six feet or less above the grade thereof.
[Amended 8-9-2005 by Ord. No. 2097]
G.
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted where electrical disturbances adversely affect the operation of any equipment. All applicable federal and state regulations shall be complied with.
H.
Fire and explosion hazard.
(1)
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 fire-fighting 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.
(2)
All raw materials, fuels and finished products shall be stored within an entirely closed building. Liquids may be stored in underground tanks. The storage of crude oil or any other volatile or flammable liquid in aboveground tanks with individual capacity greater than 500 gallons is prohibited.
I.
Liquids or solid waste. There shall be no discharge of any wastes of any kind into any river, reservoir, pond or lake. The discharge of untreated wastes into any streams shall also be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough and New Jersey State Department of Environmental Protection.
J.
Filling of lots. All lots being filled shall be filled with clean fill or topsoil and in a manner so as to assure complete drainage of surface water into a municipal stormwater drainage facility, a natural drainage right-of-way or other drainage system as may be approved by the Borough Engineer. No filling or rearrangements of fill shall be permitted which creates or aggravates stagnation or retention of surface water or which results in the diversion of surface water onto adjacent property.