Rahway City Zoning Code
ARTICLE IX
Performance Standards and Design Criteria
§ 421-67 Compliance required.
As a condition to approval and as a condition to the continuance of any business or industrial use or building, process, installation, production or other use in any district, the applicant shall supply evidence, satisfactory to the Building Inspector or to his designated representative, that the proposed building, process, installation, production or other use will conform fully to all of the applicable performance standards. As evidence of compliance, the Building Inspector may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Building Inspector may require that specific operation 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.
§ 421-68 General regulations.
A.
No use shall be established, maintained or conducted that will cause any of the following:
(1)
Dissemination of toxic or noxious smoke, fumes, gas, dust, odor or any other atmospheric pollutant into the air to such a degree as to be detrimental to the health and welfare of residents in the area, as determined by state, regional or local requirements.
(2)
Discharge of any waste material whatsoever on the site or into any watercourse, except in accordance with state, regional or local requirements.
(3)
Dissemination of glare, vibration and/or noise beyond the immediate site on which such use is conducted and in accordance with this chapter establishing noise, performance and vibration standards.
(4)
A hazard by reason of fire, explosion, radiation or similar cause to property in the same or adjacent districts or zones. Safeguards for the health and safety of workers shall comply with all applicable regulations and requirements of the State Department of Labor and Industry.
B.
All applications shall be examined by the City of Rahway, Department of Health, with regard to the effect of the proposed use upon the public health of the residents of the City and the surrounding area with respect to any potential pollution of air resulting from the dissemination of smoke, chemicals, odors or dust from the industrial processes of the proposed use. A written report indicating the conformance with or violation of the performance standards shall be submitted to the Building Inspector.
§ 421-69 Liquid wastes.
No liquid waste shall be discharged directly or indirectly into any watercourse in the municipality, except as herein provided. If the applicant proposes to construct facilities for the treatment of waste, he shall supply the following:
A.
Certification, in writing, by the New Jersey Department of Environmental Protection that such proposed facilities are in compliance with applicable state laws and regulations.
B.
Certification, in writing, by the Director of Public Works of the City of Rahway approving the installation of such facilities.
§ 421-70 Industrial wastes.
No industrial waste shall be discharged into the public sewage collection and disposal systems unless the Director of Public Works and the Rahway Valley Sewerage Authority shall have first investigated the character and volume of such waste and shall have certified, in writing, that they will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said authorities, 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 to acceptance by said authorities.
§ 421-71 Solid wastes.
Each industrial use shall conform to the appropriate codes of the State of New Jersey and the City of Rahway.
§ 421-72 Storage and waste disposal.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer be allowed to enter any stream, watercourse or underground aquifer. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard or which might be edible or otherwise attractive to rodents or insects shall be stored indoors in appropriate containers adequate to eliminate such hazards.
§ 421-73 Noise and vibrations. [1]
A.
When measured at any point along a lot line, the sound-pressure level radiated continuously from a facility between the hours of 10:00 p.m. and 7:00 a.m. shall not exceed the following in any octave band of frequency:
Frequency Band Cycles (per second) | Sound-Pressure Level (decibels re 0.0002 microbar) | |
20 - 75 | 72 | |
75 - 150 | 67 | |
150 - 300 | 59 | |
300 - 600 | 59 | |
600 - 1,200 | 46 | |
1,200 - 2,400 | 40 | |
2,400 - 4,800 | 34 | |
4,800 - 9,600 | 32 |
B.
If the noise is not smooth and continuous and is not radiated at nighttime, one or more of the following corrections shall be added to or subtracted from each of the decibel levels given above:
Type of Operation or Character of Noise | Correction (in decibels) | |
|---|---|---|
Daytime operation only | +5 | |
Noise source operates less than 20% of the time | +5* | |
Noise source operates less than 5% of the time | +10* | |
Noise source operates less than 1% of the time | +15* | |
Noise of impulsive character (hammering, etc.) | -5 | |
Noise of periodic character (hum, screech, etc.) | -5 |
* Apply any of these corrections only. |
C.
The sound-pressure level shall be measured with a sound-level meter conforming to American Standard Specifications for General Purpose Sound-Level Meters, SI.4-1961, Rev. of 224.3-1944, and to an octave band analyzer conforming to the American Standard Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z-24.10-1953.
D.
Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance.
§ 421-74 Heat.
No process or use shall be permitted that produces heat to the extent that such heat has an adverse effect of any kind upon adjoining properties and uses. Any process or use that produces high temperatures within its own building shall comply with applicable regulations of the State Department of Health and any municipal ordinances.
§ 421-75 Glare.
Any process producing intense glare or flashing of lights shall be performed within a completely enclosed building in such a manner that no discomforting glare shall be disseminated beyond the building. No sky-reflected or indirect glare shall be permitted if any operation is to be conducted in any area outside of a building, except where required for safety purposes. Lighting of any interior roadway or driveway shall conform to American Standard Practice for Roadway Lighting, ASA D12.1.-1963, sponsored by the Illuminating Engineering Society and published by the Illuminating Engineering Society, with spacing and type of luminaire such that spill light shall be kept at a minimum and glare controlled with lenses, louvers or shields so as to minimize objectionable glare to any point beyond the lot line. Parking and loading and unloading areas that are in use after dark shall be so situated so as to provide maximum shielding and concealment of lighting from adjoining properties. Luminaries for lighting of any sign, building exterior, fountain or decorative fixture shall be placed in such a manner that the lighting is directed only toward the object to be lighted and does not disseminate glare. This section shall not be construed to prohibit lighting required by police or other enforcement agencies for the safety and protection of employees and of the general public.
§ 421-76 Additional standards and references.
A.
In order to satisfy itself that the applicant will fully comply with all of the applicable performance standards, the Planning Board or its designated representative may examine and refer to any or all of the available standards, codes, regulations and requirements, including, but not necessarily limited to:
(1)
Laws, regulations and codes administered by the New Jersey State Department of Health.
(2)
Laws, regulations and codes administered by the New Jersey Department of Labor and Industry.
(3)
State of New Jersey Uniform Building Code.
(4)
Applicable standards of the United States Public Health Service.
(5)
Applicable standards of the Bureau of Mines, United States Department of the Interior.
(6)
Applicable standards of the American Conference of Industrial Hygienists.
(7)
Applicable standards of the Manufacturing Chemists Association.
(8)
Laws, regulations and codes administered by the New Jersey Department of Environmental Protection.
B.
If there is a conflict of the foregoing with local codes, the more restrictive shall apply.
§ 421-77 Design criteria.
In the judgment of the Planning Board, in accordance with the spirit and intent of this chapter, the following design criteria shall be adhered to in each and every case, except where otherwise provided:
A.
Traffic access. All proposed site traffic accessways are adequate but not excessive in number; adequate in grade, width, alignment and visibility; and not located too near street corners, entrances to schools or places of public assembly; and other similar considerations.
B.
Circulation and parking. Interior circulation is adequate and that all required parking spaces are provided and are easily accessible. All off-street parking and loading areas shall be surfaced with asphaltic, bituminous, cement or other properly bound pavement and kept in a clean, orderly and dust-free condition.
[Amended 4-11-2005 by Ord. No. O-11-05]
C.
Lighting. All exterior lighting devices shall be arranged so as to reflect the light away from adjoining premises. No rotating or flashing signs or lights shall be permitted.
D.
Drainage, water supply and sewage disposal facilities. All development shall be provided with adequate water supply, sewage disposal and drainage facilities in accordance with the city requirements.
E.
Disposal of usable open space. Usable open space shall be so arranged as to ensure the health and safety and to promote the general welfare.
F.
Arrangement of buildings. Adequate provision shall be made for light, air, access and privacy in the arrangement of buildings.
G.
Landscaping. Landscaping, where required, shall be provided in order to enhance and protect the natural and scenic qualities of the land. Where adjacent land use dictates, screening and buffer areas shall be required.