Prior to construction and operation. Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of the subject property that said use will be operated in accordance with the performance standards set forth herein.

Continued compliance. Continued compliance with performance standards is required, and enforcement of continued compliance with these performance standards shall be enforced by the Construction Code Official, the Zoning Officer or the Village Engineer, as the case may be.

Definition of "nuisance elements." A "nuisance element" is any noise, radioactivity, vibration, glare, smoke, odor, air and water pollution or dust which exceeds the performance standards established under this section.

The determination of the existence of nuisance elements shall be made at or outside property lines of the use creating such element for noise, vibration, glare, dust, smoke, air pollution or water pollution and at the zone district line for odors.

Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in § 96-11.3B.

Glare. No direct or sky-reflected glare shall be visible, whether from floodlights or from high-temperature processes, so as to be visible at the points of measurement specified in § 96-13.3B.

Smoke.

Odors. No emission of odorous gases or other odorous matter in such quantity as to be readily detectable shall be permitted.

Dust. Solid particles shall not be emitted in concentrations exceeding standards established by the New Jersey Department of Environmental Protection.

Fly ash. No emission of any fly ash shall be permitted to be discharged from any stack or chimney into the open air in excess of the quantity set forth in regulations promulgated by the New Jersey Department of Environmental Protection.

Noise. At the points of measurement specified in § 96-13.3B, the maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in the following table, after applying the corrections shown therein. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. American Standard Sound Level Meters for Measurements of Noise and Other Sounds, Z24.3-1944, American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Sounds, Z24.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used.

Radioactivity or electrical disturbance.

Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws and regulations shall also apply.

Storage and waste disposal. No materials shall be deposited so that they can be transferred on the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials which might create a pollutant or be a safety and health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Bureau of Fire Prevention.

Air, water and environmental pollution. No use shall emit heat, odor, dust, gases, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent applicable state and federal regulation. No permit shall be issued for any use where a state permit is required until the state has ascertained and approved the level and quality of emission, type and quality of emission control and level of monitoring to be conducted.

Traffic access. All proposed site traffic accessways shall be 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.

Circulation and parking. Interior circulation shall be adequate, and all required parking spaces shall be provided and easily accessible. All off-street parking and loading areas shall be surfaced with a durable and dust-free surface and shall be properly marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

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.

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 Village requirements.

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.

Arrangement of buildings. Adequate provision shall be made for light, air, access and privacy in the arrangement of buildings.

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.

Wetlands. Wetland areas and wetland transitional areas, also known as "wetland buffers," shall be preserved and protected in accordance with law. Wetlands and wetland buffers may be considered valuable open space.