Ocean Township Ocean County
City Zoning Code
City Zoning Code
ARTICLE VII
Environmental Performance Standards
§ 410-52 Electricity.
Electronic equipment shall be shielded so that there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.
§ 410-53 Glare.
No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and street.
§ 410-54 Lighting.
All area lighting shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of one footcandle over the entire area. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light emitted from the light source. Any other outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting shall shine directly or reflect into windows or onto streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam or of a rotating, pulsating, beam or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to the site plan approval by the approving authority. The objective of these specifications is to minimize undesirable off-site effects.
§ 410-55 Heat.
Sources of heat, including but not limited to steam, gases, vapors, products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses.
§ 410-56 Radioactivity.
No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Office of Radiation Protection of the New Jersey Department of Environmental Protection. Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.
§ 410-57 Vibrations.
A.
Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in three mutually perpendicular directions simultaneously.
B.
Vibration levels shall not exceed a particle velocity of 0.05 inch per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of 0.02 inch per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.
§ 410-58 Airborne emissions.
In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having obtained valid permits and certificates from the Bureau of Air Pollution Control, N.J.D.E.P. 7:27.8. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate. In addition to the requirements of the New Jersey Department of Environmental Protection, the following shall also apply:
A.
No visible emissions of steam having an equivalent capacity greater than 60% and except direct results of combustion shall be permitted within 500 feet of a residential district.
B.
Toxic matter emissions of chemicals, gases, components or elements listed as being toxic matter by the American Conference of Governmental Hygienists, the New Jersey Department of Labor and Industry, or the United States Environmental Protection Agency shall not exceed the threshold level, as determined in accordance with ASTM D-1391. The emission of concentrations, levels or mass loadings in excess of the threshold value shall be permitted only if the emission of said toxic matter complies with the applicable regulations of the New Jersey Department of Environmental Protection, the New Jersey Department of Labor and Industry and the United States Environmental Protection Agency. Proof of compliance shall require the submission of duplicate copies of certifications or permits from the New Jersey Department of Environmental Protection and the New Jersey Department of Labor and Industry approving the concentrations, level or loading proposed by the applicant.
C.
No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.
§ 410-59 Storage and waste.
A.
In all districts permitting such an operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials, such storage shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or the Fire Code of the National Fire Protection Association, whichever is more restrictive.
B.
All flammable, explosive and/or combustible material shall be stored in accordance with the codes of the National Fire Protection Association or the New Jersey Department of Labor and Industry, whichever is more restrictive.
C.
All outdoor storage facilities for fuel, raw materials and products stored outdoors wherever permitted shall be enclosed by an approved safety fence and visual screen and shall conform to all yard requirements imposed upon the principal buildings in the district.
D.
No materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers that are adequate to eliminate such hazards.
§ 410-60 Industrial waste or sewage.
No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste treatment and disposal except as shall be approved by the health officer and the Municipal Utilities Authority.
§ 410-61 Provision and use of water.
All water requirements shall be stated in the application. Water shall be supplied from wells only after approved or accepted geologic study furnished by the applicant and certification by a professional geologist that the undergroundwater supply and levels will not be appreciably altered in such away as to endanger the water level and supply for other properties.
§ 410-62 Groundwater quality.
[Added 5-8-2008 by Ord. No. 2008-12]
A.
Background.
(1)
The quality and quantity of groundwater available directly affects the health and welfare of the population because groundwater is the primary source of potable water for a significant number of Township residents.
(2)
Contamination of groundwater by nitrates introduced by on-site disposal systems (i.e., septic systems) can result in a high concentration of nitrates.
(3)
Fertilization contributes to nitrate groundwater contamination.
(4)
Additional pollutants, such as chemicals, pesticides and animal waste can be introduced into the groundwater.
(5)
Rainwater penetration of the aquifer is necessary to dilute groundwater contamination.
(6)
The Office of Smart Growth, the New Jersey Department of Environmental Protection, and the Pinelands Commission promote and promulgate the use of nitrate dilution models for land use purposes.
(7)
It is desirable and necessary to regulate development, processes and activities that threaten Ocean Township's groundwater.
B.
Requirements.
(1)
The proposed development to be served by on individual on-site disposal systems (septic) east of the Garden State Parkway is permitted pursuant to the provisions of this section. Section 410-83 regulates nitrate dilution for areas of the Township located in the New Jersey Pinelands west of the Garden State Parkway.
(2)
Groundwater impacts for new or expanded discharges shall be evaluated through the NJPDES permitting process.
(3)
Discharges to groundwater (DGW) less than 2,000 gallons per day (GPD) shall demonstrate conformance with the objective of protecting groundwater quality. To achieve this purpose, an application of a nitrate dilution model shall be required. The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed 5.2 parts per million nitrate/nitrogen, calculated pursuant to a Recharge-Based Nitrate-Dilution Model for New Jersey V5.0, as may be amended from NJDEP from time to time. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development, but may not include previously dedicated road rights-of-way.