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Montgomery City Zoning Code

§ 16-5.9

Performance Standards for All Uses.

[Ord. #85-482, S 509; Ord. #88-584, SIVL-N]
A development application and/or application for a construction permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the conditions that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant which has received approval by the New Jersey Department of Environmental Protection.
a. 
Electrical and/or Electronic Devices. All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products as defined in DHEW Publications No. (FDA) 75-8003, shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedures and standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate compliance with the minimum standards established by the Act. All other forms of electromagnetic radiation lying between 100KHz and 10GHz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line (or beyond the operator's dwelling unit in the case of multi-family dwellings) as the result of the operation of such equipment.
b. 
Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets. Unless required by law, no lighting shall be a rotating, pulsating or other intermittent frequency.
c. 
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the State Department of Environmental Protection.
d. 
Noise. Noise levels shall not exceed the standards set forth in Section 3-3 Loud and Unnecessary Noise, of this Code nor those rules established by the New Jersey Department of Environmental Protection as they may be adopted and amended.
e. 
Odor. Odors due to non-agricultural and nonresidential uses shall not be discernible at the lot line or beyond.
f. 
Storage and Waste Disposal. No provision shall be made for the depositing of materials or waste upon a lot where there may be transferred off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation, or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers to eliminate such hazards. With respect to solid waste, each property owner shall:
1. 
Assume full responsibility for adequate and regular collection and removal of all refuse, except to the extent such services are provided by the Township, in which case the property owner shall assume full responsibility for compliance with all regulations governing the provision of those services.
2. 
Comply with all applicable provisions of the Montgomery Township Air Pollution Code and regulations of the New Jersey Department of Environmental Protection.
3. 
Permit no accumulation on the property of any solid waste, junk or refuse.
4. 
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse, Disposal, Public Health Council of the New Jersey Department of Health.
g. 
Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless they comply with the minimum building setback requirements of this ordinance and are equipped with baffles to deflect the discharged air away from the adjacent use.
h. 
Vibration. There shall be no vibration which is discernible to the human senses of feeling beyond the immediate lot.
i. 
Dust. Dust due to nonagricultural operations shall not be permitted to escape beyond the immediate lot.
j. 
Radiation. No use shall produce levels of radiation in excess of the level established by the Radiation Protection Act, L. 1958, c.116 (N.J.S.A. 26:2D-1 et seq.) and standards promulgated pursuant thereto by the New Jersey Department of Environmental Protection.
k. 
Air, Water and Environmental Pollution. No use shall emit any pollutant into the ground, water or air than exceeds the most stringent applicable Federal, State or local statute, regulation and ordinance.
l. 
Nuisance. No use shall produce any nuisance, source of injury or sickness, foul or noxious waters, gases or vapors which may be hazardous or injurious to the public health, safety and welfare.