Lebanon Township City Zoning Code
ARTICLE III
Performance Standards
§ 400-20 General applications.
[Amended by Ord. No. 12-1981]
A.
As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall certify compliance with the following performance standards. Permits and certificates required by other government agencies shall be submitted to the Board as proof of compliance with applicable codes.
B.
For use variances which must meet these performance standards, the Zoning Board of Adjustment shall not issue a permit for any use, structure, process or equipment until it receives certification from the applicant regarding compliance with the performance standards established herein.
C.
The regulations contained in this section shall not apply to farms or one-family dwellings but shall apply to any home occupations contained in them.
D.
All the requirements of this section shall be items covered in the developer's agreement.
§ 400-21 Temporary certificate of occupancy.
A.
In the event a determination cannot be made at the time of application that a proposed use, process or equipment will meet the standards established in this section, the Board may recommend issuance of a temporary certificate of occupancy. The temporary certificate of occupancy shall be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
B.
Within 60 days after a temporary certificate of occupancy is granted, satisfactory evidence shall be submitted to the Construction Official that all standards established by this section have been met. No such final certificate of occupancy shall be issued until all conditions are satisfied.
§ 400-22 Regulation of nuisance elements.
A.
The determination of the existence of nuisance elements shall be made at the following locations:
Nuisance Characteristics | Location of Test | ||
|---|---|---|---|
Smoke | Vent or smokestack | ||
Fly ash, dust, fumes, vapors, gases | Vent or smokestack | ||
Odors | Setback line | ||
Liquid waste | Setback line | ||
Solid waste | Setback line | ||
Radiation, atomic | Vent or smokestack | ||
Noise | Setback line | ||
Vibration | Building wall | ||
Glare | Setback line | ||
Temperature change: | |||
Gas | Vent or smokestack | ||
Liquid or solid | Setback line | ||
B.
Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.
§ 400-23 Standards to be enforced.
A.
Air pollution.
(1)
General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of Title 7, Chapter 27 of the New Jersey Administrative Code, or the regulations contained in this section, whichever shall be the more stringent, shall apply.
(2)
Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open area from any fuel-burning equipment; provided, however, that smoke emitted during the clearing of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes. Smoke emissions from the combustion of fuel in mobile sources and from stationary internal combustion engines shall not exceed the limits set forth in Title 7, Chapter 27 of the New Jersey Administrative Code.
(3)
Solid particles, fly ash, dust, fumes, vapors and gases.
(a)
In any zone, no discharge through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emissions established by Title 7, Chapter 27, of the New Jersey Administrative Code.
(b)
Any open burning shall require approval by the appropriate authority.
(c)
All incinerators shall be approved by the State Department of Environmental Protection.
(d)
Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
(4)
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected.
B.
Wastes.
(1)
Liquid wastes. No liquid waste shall be discharged into any watercourse in the Township. If the applicant proposes to construct facilities for the treatment of waste, he shall supply:
(a)
A statement by the New Jersey Department of Environmental Protection that such proposed facilities are in compliance with applicable state laws and regulations.
(b)
Approval by the appropriate officials of the installation of such facilities. No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate Township or Sewerage Authority shall have first investigated the character and volume of such wastes and shall have certified that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of the 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 Township assumes such responsibility.
(b)
Compliance with all applicable provisions of the New Jersey Department of Environmental Protection.
(c)
Compliance with all provisions of Title 7, Chapter 26, of the New Jersey Administrative Code where appropriate.
(d)
No accumulation on the property of any solid waste, junk or other objectionable materials.
C.
Radiation. All uses 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, as well as the Radiation Protection Act, Chapter 116, P.L. 1958, as amended,[1] and Title 7, Chapter 28, of the New Jersey Administrative Code, whichever shall be more stringent.
[1]
Editor's Note: See N.J.S.A. 26:2D-1 et seq.
D.
Noise.
(1)
The purpose of this subsection is to ensure that the environmental character of the area surrounding the proposed use, with respect to noise, shall not be altered. The standards established herein shall be interpreted in any specific case with this objective in mind.
(2)
Measurements shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute Standard 1.4-1961 or the latest revision thereof and S 2.22 or the latest revision. All measurements shall be made in at least eight frequency bands.
(3)
Ambient noise levels shall be made between the hours of 8:00 a.m. and 11:00 p.m. for periods of at least one hour and on three separate occasions during the period when the proposed use shall be operated.
(4)
The permitted noise level of the proposed use, measured at the measuring line, shall not exceed the ambient noise levels in each frequency band.
(5)
In addition, noise shall be subject to standards established by the New Jersey Department of Environmental Protection. Where standards are established and are more restrictive than contained in this chapter, the more restrictive standards shall be applicable.
(6)
Motor vehicles shall not be operated anywhere in the Township without the manufacturer's installed standard noise-muffling apparatus or its equivalent in place and operative.
(7)
The maximum continuous airborne sound set forth in Title 7, Chapter 29, of the New Jersey Administrative Code shall not be exceeded.
E.
Vibration. In any zone, no vibrations discernible without instruments at the measuring point shall be permitted.
F.
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 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.
G.
Temperature change. In any zone, any use or process shall not produce a temperature change in the ambient air discernible at the measuring point greater than 3° measured at a point 10 feet from the point of discharge.
H.
Fire and explosive hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Board may require the applicant to supply proof of:
(1)
Approval of the use, structure, process, or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been taken or installed.
(2)
Approval from the Township of Lebanon Fire Department that the applicant has complied with all applicable Township fire prevention regulations.