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Roosevelt City Zoning Code

ARTICLE VIII

Performance Standards

§ 8.100 General Application.

[Ord. 97; 97-39]
As a condition of approval and the continuance of any use, occupancy of any structure, and the operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with 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 costs 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 are 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.

§ 8.200 Conditional Permit.

In the event 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 or may recommend issuance of 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 temporary certificate of occupancy is granted a final permit shall be applied for and satisfactory evidence submitted that all standards established by this article have been met.

§ 8.300 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.

§ 8.400 Standards to be Enforced.

No activity or use shall be permitted, established, maintained, or conducted in any district unless such activity or use complies with the following standards:

§ 8.410 Air Pollution.

No excessive smoke, fumes, gas, dust, odor or any other atmospheric pollutant shall be permitted beyond the boundaries of the lot whereon the use is located. Excessive smoke shall be all smoke of a shade or appearance darker than No. 2 on the Ringlemann Scale for grading the density of smoke, published by the U.S. Bureau of Mines.

§ 8.421 Open Discharge.

No pollution by the discharge of any waste material whatsoever into any watercourse, open ditch or land surface shall be permitted.

§ 8.422 Sewerage Discharges.

No waste material whatsoever shall be discharged into any sanitary disposal system or sewerage system except as permitted by relevant public health authorities and public sewerage control bodies. Any chemical or industrial waste which, in the determination of the Borough Engineer, places undue loads on the municipal sewerage system shall not be discharged into such system and must be treated by the use generating such wastes.

§ 8.423 Sewer and Water Connections.

[Ord. 97-08]
Except for R-Ag and R-100 zoning districts, no premises shall be developed unless served by municipal water supply and sanitary sewer system.

§ 8.430 Safety Hazards.

No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause, to persons or property in the same or adjacent districts.

§ 8.440 Nuisance Factors.

No nuisance factors shall be generated.

§ 8.450 Storage.

No equipment or material shall be stored in such a manner that facilitates the breeding of vermin or endangers health in any way. Storage shall be in accordance with Subsection 5.360.

§ 8.460 Drainage.

[Ord. 97-08; 97-32]
Except for the R-AG and R-100 zoning districts, no premises shall be developed unless positive drainage of the site is provided. Drainage shall be provided by means of structural and non-structural methods, with and without curbing, and where possible shall incorporate natural vegetated swales in lieu of inlets and pipes; and allow for curb cuts or flush curbs with curb stops for stormwater conveyance and to allow disconnection of impervious areas. Within the R-AG and R-100 zoning districts, such improvements shall be required by the Planning Board on advice of the Borough Engineer.

§ 8.470 Sidewalks.

[Ord. 97-08]
Except for the R-AG and R-100 zoning districts, no premises shall be developed unless sidewalks are installed on abutting streets. Within the R-Ag and R-100 zoning districts, such improvements may be required by the Planning Board on advice of the Borough Engineer.

§ 8.500 Enforcement of Performance Standards.

These standards shall be enforced in accordance with the provisions of Section 11.100 et seq. of this Ordinance.