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Manchester Township
City Zoning Code

§ 245-26

Performance standards.

A. 
General intent. As a condition to conducting of any building process, installation, production, or other use in any residential, commercial or industrial zone, the applicant shall supply evidence satisfactory to the approving agency or its designated representative that the proposed use will conform fully with all of the standards stated herein. As evidence of compliance, the approving agency may require certificates of tests by appropriate governmental agencies or by recognized testing laboratories; any cost thereof shall be borne by the applicant. The approving agency may require that specific devices be installed and that operating procedures be followed if government agencies or testing laboratories determine that the use requires such in order to assure compliance with performance standards.
B. 
Smoke control. No person shall cause, suffer, allow or permit to be emitted into the outdoor atmosphere substances in quantities which shall result in air pollution. The New Jersey Air Pollution Control Code, Chapters 1 through 13, inclusive, administered by the New Jersey Department of Health, shall apply as lawfully adopted regulations.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(1), regarding the prohibition of certain cannabis-related uses, added 6-28-2021 by Ord. No. 21-21, was repealed 11-8-2021 by Ord. No. 21-40.
C. 
Control of dust and dirt, fly ash and fumes, vapor and gases. No person shall cause, suffer, allow or permit to be emitted into the outdoor atmosphere substances in quantities which shall result in air pollution. The New Jersey Air Pollution Control Code, Chapters 1 through 13, inclusive, administered by the New Jersey Department of Health, shall apply as lawfully adopted regulations.
D. 
Control of noise. As controlled by Chapter 275, Article I, Noise Control.
E. 
Control of odors. Odors shall be regulated and controlled by the Ocean County Odors Health Department.
F. 
Control of glare or heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely unnoticeable from any point beyond the property of the creator of such disturbance.
G. 
Control of radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous or harmful radioactivity. There shall be no disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property of the creator of such disturbance.
H. 
Fire and explosive hazard. The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning and the storage or utilization of materials or products ranging from free or active burning as determined by the Bureau of Inspections is permitted subject to compliance with all other performance standards, provided that any and all materials, goods, products and liquids shall receive protection and be stored in such fashion as to be in conformity with standards prescribed by the National Fire Protection Association and requirements of applicable laws and ordinances.
I. 
Outdoor storage and waste disposal.
(1) 
All outdoor storage facilities shall be enclosed by a fence to conceal the facilities from any adjacent properties.
(2) 
Materials or wastes shall not be deposited upon a lot in such a form and manner that may cause the substance to be transferred off the lot by natural causes or forces.
(3) 
All materials or wastes which might cause fumes or dust which constitute a fire hazard, or attract rodent or insects shall be stored outdoors in closed containers.
J. 
Sewerage and industrial waste discharge. No use shall be conducted in such a way as to discharge any sewerage or industrial waste except as shall be approved by the County Health Officer and/or the Manchester Township Utilities Department.
K. 
Provisions and use of water. All water requirements shall be stated in the application. Supply of water shall comply with the Manchester Township Utilities Department and all state and federal requirements regulating use and supply of water.