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Raritan Township City Zoning Code

ARTICLE XX

Performance Standards

§ 296-166 General application.

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 Planning Board or its designated representative, that the proposed use, structure, process or equipment will conform fully to all of the applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any cost thereof to be borne by the applicant. The Planning Board 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 is required in order to assure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.

§ 296-167 Conditional permit.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
In the event that 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 article, the Planning Board may issue 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. Within 30 days after a conditional permit is granted, a final approval shall be applied for and satisfactory evidence submitted that all standards established by this article have been met.

§ 296-168 Regulations of nuisance elements.

A. 
Definition. A "nuisance element" is any air pollution, wastes, radiation, noise, vibration, glare or heat which exceeds the performance standards of this chapter.
B. 
Nuisance determination location. The determination of the existence of nuisance elements shall be made at the following locations:
Zoning District
Nuisance Characteristics
All R Zones
B-1, O-1 and P
B-2 and O-2
I-1 and I-2
Smoke
VS
VS
VS
VS
Solid particles
VS
VS
VS
VS
Odors
SL
PL
ZL
ZL
Liquid wastes
BW
PL
PL
PL
Solid wastes
BW
SL
SL
SL
Radiation
VS
VS
VS
VS
Noise
SL
PL
ZL
PL
Vibration
BW
PL
PL
PL
Glare
BW
PL
PL
ZL
Heat*
VS/PL
VS/PL
VS/PL
VS/PL
Notes:
*
Measurement shall be made at the vent or smokestack for heated air and at the property line for heated liquid or solid discharge.
Key:
VS:
Vent or smokestack.
PL:
Property line.
ZL:
Zone line.
BW:
Building wall.
SL:
Required setback line.
C. 
Continued compliance. Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.

§ 296-169 Air pollution.

A. 
General. 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 Township. All provisions of New Jersey Administrative Code Title 7, Chapter 27, Subchapters 4 and 6, shall be complied with.
B. 
Smoke. In any nonresidential zone, no smoke, the shade of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment, provided that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, is permitted for a period aggregating no more than three minutes in any 15 consecutive minutes. In any R Zone, no visible smoke shall be emitted into the open air.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Solid particles.
(1) 
In any R Zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is 50% of the allowable emission in pounds per hour established by New Jersey Administrative Code Title 7, Chapter 27, Subchapter 4.
(2) 
In any remaining zone, the allowable discharge shall be 75% of the allowable omission permitted by the Code.
(3) 
No open burning shall be permitted in any zone except as provided in Chapter 249, Fires and Fire Prevention, § 249-9, Open burning and recreational fires, of the Township Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
All incinerators shall be approved by the New Jersey Department of Environmental Protection.
D. 
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments.

§ 296-170 Wastes.

A. 
Liquid wastes.
(1) 
No liquid waste shall be discharged into any watercourse in the Township, except as herein provided. If the applicant proposes to construct facilities for the treatment of waste, he or she shall supply:
(a) 
A statement by the New Jersey Department of Health that such proposed facilities are in compliance with applicable state laws and regulations.
(b) 
Approval by the appropriate officials of the installation of such facilities.
(2) 
No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate municipal or Authority officials shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of such officials, 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 of approval of such facilities.
B. 
Solid wastes. Each use shall:
(1) 
Assume full responsibility for adequate and regular collection, storage and removal of all refuse except if the Township assumes the responsibility.
(2) 
Comply with all applicable provisions of the Air Pollution Control Code.
(3) 
Comply with all provisions of N.J.A.C. 7:26.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
Permit no accumulation on the property of any solid waste, junk or other objectionable materials.
(5) 
Not engage in any sanitary landfill operation on the property except as may be permitted by other Township codes and ordinances.

§ 296-171 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 Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such Act, as well as the Radiation Protection Act, Chapter 116, P.L. 1958, as amended, whichever shall be more stringent.

§ 296-172 Noise.

The purpose of this section is to ensure that the environmental character of the area surrounding the proposed use, with respect to noise, shall not be altered. The standards established herein shall be interpreted in any specific case with this objective in mind.
A. 
Measurements, if required under this chapter, shall be made at the locations noted in § 296-168B. Measurements shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute Standard Section 1.4, 1961, or the latest revision thereof, and Section 2.22 or the latest revisions. All measurements shall be made in at least eight frequency bands.
B. 
Ambient noise levels shall be made during the hours the proposed use will be in operation and for periods of at least one hour and on three separate occasions.
C. 
The permitted noise level of the proposed use, measured at the measuring line, shall not exceed the ambient noise levels in each frequency band. Ambient levels may be increased by five decibels if the noise is continuous and operates only from 6:00 a.m. to 6:00 p.m.
D. 
Pure tones shall be at least five decibels below the active band level at the measurement line.

§ 296-173 Vibration.

In any zone, no vibrations discernible without instruments at the measuring point shall be permitted.

§ 296-174 Glare.

Glare is the sensation produced by brightness within the visual field that is sufficiently greater than the luminance to which the eyes are adjusted and which causes annoyance, discomfort or loss in visual performance and visibility. Direct glare is glare resulting from insufficiently shielded light sources in the field of view. Reflected glare results from specular reflections of high brightness in polished or glossy surfaces in the field of view.
A. 
No direct glare shall be permitted except as may be caused by lights placed on standards not exceeding the maximum height of structures allowed in the zone and shielded so as to restrict the maximum apex angle of the cone of illumination at ground level to 10 footcandles.
B. 
Total direct and indirect glare, measured at the locations noted in § 296-168B, shall not exceed one footcandle except for lights used to illuminate entrances and exits of roadways and driveways.

§ 296-175 Heat.

Heat is thermal energy of radiative, conductive or convective nature. In any zone, any use or process shall not produce a temperature rise discernible at the measuring point or discharge water into any watercourse which shall produce a temperature increase of greater than 3° in that watercourse.

§ 296-176 Fire and explosion hazards.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Planning Board may require the applicant to supply proof of:
A. 
Approval of the use, structure, process or resulting product or material from the State Department of Labor and Workforce Development, indicating that adequate safeguards against fire and explosion have been taken or installed.
B. 
Approval from the Township Fire Department that the applicant has complied with all applicable Township fire prevention regulations.

§ 296-177 Buffers.

[Amended by Ord. No. 02-36]
Where buffers are required, they should follow the guidelines found for bufferyards found in the site plan standards, § 296-175E.

§ 296-178 Outside storage.

No open or outside storage of manufacturing or other materials, junk, scrap, raw materials, parts or waste products of any kind shall be permitted, except that refuse for collection may be stored in suitable covered containers in side or rear yards in a location convenient to the source of wastes and to the refuse collector. Such refuse storage areas shall be effectively screened by opaque fencing and/or landscaping providing an immediate screen. Permitted uses in the I-2 Zone may have outdoor storage pursuant to § 296-123 as permitted by the Planning Board in designated areas.