Roselle City Zoning Code
ARTICLE V
General Performance Standards
§ 650-14 General intent.
No site plan shall be approved by the Planning Board unless the use meets the performance standards herein set forth and such state or federal standards as may be more stringent than those set forth herein. Failure to comply with the performance standards at any time after issuance of a certificate of occupancy shall be cause for revocation of such certificate. Application of these site plan standards should also encourage cost-efficient methods and designs. In reviewing any site plan, the Planning Board shall consider the following requirements of this article.
§ 650-15 Circulation and parking.
A.
The pedestrian and vehicular traffic movement within and adjacent to the site, with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads, within the site, between buildings and between buildings and vehicles shall be reviewed.
B.
The Planning Board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.
C.
Any and all rules, guidelines and/or directives established regarding parking, loading and unloading and pedestrian and vehicular movement shall be in accordance with applicable provisions of the Americans with Disabilities Act of 1990.
§ 650-16 Site design and building layout.
The site design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands.
§ 650-17 Lighting.
Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.
§ 650-18 Common open space.
Common open space shall be provided as part of any planned residential development or open space cluster development. The open space should be classified as developed (recreational) or undeveloped (natural) space. The design of all developed (recreational) space shall be in accordance with all applicable equal access provisions of the Americans with Disabilities Act of 1990.
§ 650-19 Signs.
Signs shall be designed so as to be aesthetically pleasing and harmonious with other signs and buildings on the site. They shall be located so as to achieve their purpose without constituting hazards to vehicles and pedestrians or being visually distracting from the overall site design. All permanent signs shall be designed and erected in a manner consistent with applicable provisions of the Americans with Disabilities Act of 1990.
§ 650-20 Utilities.
Storm drainage, sanitary waste disposal, water supply and solid waste collection and disposal shall be reviewed. Particular emphasis shall be given to the preservation of stream corridors, establishment of drainage rights-of-way and the adequacy of existing utility systems and the need for improvements both on site and off-tract, where appropriate, to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure.
§ 650-21 Environmental considerations.
Environmental elements relating to the prevention of soil erosion, preservation of trees, protection of streams, noise, air quality, topography and soil shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.
A.
Environmental impact. No application for development shall be approved unless it has been affirmatively determined by the Planning Board, after an environmental appraisal, that the proposed project:
(1)
Will not result in a significant adverse impact on the environment.
(2)
Has been conceived and designed in such a manner that it will not significantly impair natural processes.
(3)
Will not place a disproportionate or excessive demand upon the total resources available to the project site and to the impact area.
B.
Application of requirement. To facilitate the environmental appraisal, all development applications including multifamily development with 10 or more units and nonresidential projects on sites in excess of one acre shall submit a preliminary environmental impact statement (EIS). Based on the findings of the preliminary EIS, detailed statements or clarification of detail on specific areas of environmental impact may be required. Applications requiring an EIS may be rejected by the Planning Board for failure to furnish sufficient information to enable the Board to make an adequate environmental approval. The applicant may request a pre-hearing conference with the Borough Engineer concerning the level of detail and scope of the preliminary EIS for a particular project.
C.
Requirements of preliminary EIS. Applicants shall supply 15 copies of the following items to comply with the preliminary EIS requirements:
(1)
Roselle Borough Preliminary Environmental Impact Worksheet. The worksheet, provided by the Borough and located at the end of this chapter,[1] requires information on the existing condition of the site (natural features, land use, etc.), anticipated changes due to the proposed development and measures which will be used to mitigate adverse environmental impacts.
[1]
Editor's Note: The worksheet is on file in the Borough offices.
(2)
Preliminary environmental analysis maps.
(a)
Maps shall be produced which show the location of proposed lots and structures with respect to the natural features of the site.
(b)
Natural features to be shown include flood hazard areas, streams, steep slopes, etc.
(c)
Other maps may be required by the Planning Board, depending upon the peculiar site characteristics, in order for the Board to determine compliance with Subsection A above.
D.
Review of EIS. The preliminary EIS shall be reviewed by the Borough Engineer for completeness, and the potential environmental impact of the proposed project shall be assessed according to the standards as set forth in Subsection A above. The Borough Engineer shall recommend action on the project to the Planning Board as to whether the project meets the standards of Subsection A above. If the Borough Engineer determines that said standards are not met by the preliminary EIS as submitted, the developer shall submit more detailed information or clarify information with respect to those areas of the preliminary EIS which the Borough Engineer feels are deficient.
§ 650-22 Technical performance standards applicable to all uses.
In all districts and for all uses requiring site plan approval, the following provisions as may apply to specific site plan applications as set forth below shall apply. For any technical manual cited, the latest edition shall govern for technical review, where applicable.
A.
Airborne emissions.
(1)
No use generating airborne emissions, activity, operation or device shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Bureau of Air Pollution Control, New Jersey Department of Environmental Protection, pursuant to N.J.A.C. 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.
(2)
In addition to the requirements of the New Jersey Department of Environmental Protection, the following shall also apply:
(a)
Steam emissions. No visible emissions of steam having an equivalent capacity greater than 60% and except that 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, 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 loading in excess of the threshold value shall be permitted only if the emissions of said toxic matter comply with the applicable regulations of the New Jersey Department of Environmental Protection, New Jersey Department of Labor and Industry and 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 New Jersey Department of Labor and Industry approving the concentrations, level or loading proposed by the applicant.
(c)
Odorous matter. No odor shall be emitted that is detectable by the human sense at or beyond an adjacent lot line so as to be detrimental or injurious to the life, health, safety, comfort or welfare of adjacent occupants or residents. There is hereby established as a guide in determining such quantities of offensive odors Table III (Odor Thresholds) in Chapter 5, Air Pollution Abatement Manual, Copyright 1951, by Manufacturing Chemists Association, Inc., Washington, D.C.
B.
Noise.
(1)
Standard. Noise shall be measured with a sound level meter complying with the standards of the American National Standards Institute, American Standards Specifications for General Purpose Sound Level Meters (ANSI S.1.4-1961 or its latest revisions). The instrument shall be set to the A-weighted response scale and the meter to the slow response. Measurements shall be conducted in accordance with American Standard Method for the Physical Measurements of Sound (ANSI S.1.2-1961).
(2)
Noise level restrictions.
(a)
Noises shall not exceed the maximum sound levels specified in the table below.
Noise Level Restrictions | ||
|---|---|---|
Performance Category | Maximum Level Permitted (dBA) | Where Measured |
Residence district | 55 | On or beyond the neighboring use or lot line |
All other districts | 65 | On or beyond the lot line or district boundaries |
(b)
In any residence district, the A-weighted sound levels shall not exceed 50 dBA during the hours of 9:00 p.m. to 7:00 a.m. Whenever a residence district abuts any other district, the most restricted of the limitations shall apply.
(3)
Exclusions and permitted variations.
(a)
The levels specified in the table above may be exceeded once by 10 dBA in a single period of 15 minutes during any one day.
(b)
Peak values of short duration, also known as "impact noises," may exceed the value specified in the table by 20 dBA or have a maximum noise level of 80 dBA, whichever is more restricted.
(c)
Noises such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of a use are excluded from the above limitations.
C.
Heat and glare.
(1)
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, or plant 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.
(2)
Glare. No use, operation or activity shall provide an illumination in excess of one footcandle in a residence district. In all other districts, light intensities of all illumination sources shall be kept as low as possible and shall not interfere, annoy, cause deformity or cause loss in visual performance to persons of neighboring uses.
D.
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, New Jersey Department of Environmental Protection.
E.
Storage and waste disposal.
(1)
In all districts, any operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or Chapter 209, Fire Prevention, whichever is more restrictive.
(2)
All outdoor storage facilities for fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence and suitable landscaping to screen such areas from public view and shall conform to all yard requirements imposed by Article XII, Zoning, of this chapter.
(3)
No materials, wastes or other substance shall be stored or maintained upon a lot in such a manner that natural runoff from such areas on a site with an approved stormwater drainage plan can impair the existing water quality of a stream more than the primary use intended for the lot.
(4)
All materials and/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 which are adequate to eliminate such hazards.
