Manalapan Township City Zoning Code
§ 95-7.21
Performance standards.
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 supply evidence, satisfactory to the municipal agency, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.
(1)
As evidence of compliance, the municipal agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.
(2)
The municipal agency may require that specific types of equipment, machinery, or devices be installed, or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation, shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
(3)
Permits and certificates required by other government agencies shall be submitted to the municipal agency as proof of compliance with applicable codes.
(4)
If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the municipal agency or Administrative Officer (Zoning Officer) may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant, or specific use in question.
(5)
Conditional permit.
(a)
In the event a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the municipal agency may issue or may recommend issuance of a conditional permit. The conditional permit would 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 30 days days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence shall be submitted that all standards established by this section have been met.
B.
Applicability and enforcement of performance standards.
(1)
Applicability:
(a)
Prior to construction and operation. Any application for a development or building permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this section, and a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
(b)
For existing structures. Any existing structure or use which is, after the effective date of this chapter, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.
(2)
Continued compliance. Continued compliance with performance standards is required and shall be enforced by the Construction Official or Administrative Officer (Zoning Officer).
(3)
Termination of violation. All violation shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
(4)
Violation inspection. Whenever, in the opinion of the Construction Official or Administrative Officer (Zoning Officer), there is a reasonable probability that any use or occupancy violates the regulations of this section, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements, and analyses.
C.
Performance standards established.
(1)
Air pollution. 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 municipality. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented and all the following provisions stated, whichever shall be more stringent, shall be complied with.
(a)
Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or fuel burning equipment; provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
(b)
Solid particles.
[1]
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
[2]
In any other zone, except industrial zones, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
[3]
In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
[4]
No open burning shall be permitted in any zone.
[5]
All incinerators shall be approved by the State Department of Environmental Protection.
[6]
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.
(c)
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process, which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors," copyrighted October 1968, by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
(2)
Liquid waste. No liquid waste shall be discharged into any water course, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Municipal Engineer, Health Officer, Western Monmouth Utilities Authority and where required by the New Jersey Department of Environmental Protection.
(3)
Industrial waste. No industrial waste shall be discharged into the public sewage collection and disposal system unless the appropriate officials of the Western Monmouth Utilities Authority shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of the waste material into the system. The applicant shall comply with any requirements of the utility, including the pretreating of such wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition to acceptance by the utility.
(4)
Solid waste. All uses in the municipality shall:
(a)
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.
(d)
Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property, except as may be permitted by other municipal codes and ordinances, and as licensed by the NJDEP.
(5)
Radiation. All use of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the United States Atomic Energy Act of 1965, as amended and any codes, rules or regulations promulgated under such Act, as well as the New Jersey Radiation Protection Law, N.J.S.A. 26:2D-1 et seq., as amended, whichever is more stringent.
(6)
Explosion hazards. Every structure, room, or space occupied for purposes involving explosion hazards shall comply with the provisions of the New Jersey State Uniform Construction Code[1] and NFiPA 495.
[1]
Editor's Note: See Ch. 88, Construction Codes, Uniform.
(7)
Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.10 inches per second for impact vibrations. Particle velocity is to be determined by the formula PV = 6.28 F x D where PV is the particle velocity, inches per second; F is the vibration frequency, cycles per second; D is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this chapter, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.
(8)
Electromagnetic interference. There shall be no electromagnetic interference that:
(a)
Adversely affects at any point the operation of any equipment or its reception of transmitted signals intended for receipt by the equipment other than that belonging to the creator of such interference; or that
(b)
Is not in conformance with the regulations of the Federal Communication Commission.
(9)
Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than 2° C. at or beyond the boundary of any lot line.
(10)
Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.
(11)
Glare. There shall be no direct or sky-reflected glare exceeding 1 1/2 footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 footcandle in residential districts at the property line of the property generating the glare.
(12)
Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(a)
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandles beyond any property line. Rear cutoff shields, internal or external, shall be used where necessary to reduce spillover onto adjoining properties.
(b)
Spotlights or other types of artificial lighting, that provides a concentrated beam of light, shall be so directed that the beam of light does not extend beyond any property lines.
(c)
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
(13)
Toxic gases or fumes. No toxic or corrosive gases, vapors or fumes shall be emitted into the atmosphere.
(14)
No noise at a receiving property line shall exceed the limits specified by N.J.A.C. 7:29, Noise Control.
