Toms River City Zoning Code
§ 348-5.31
Performance standards.
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 to 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 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. The Planning Board and/or governing body may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use, and the cost thereof shall be borne by the owner, applicant or specific use in question.
A.
Conditional permit.
(1)
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 section, 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.
(2)
Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.
B.
Noise.
(1)
Any noise produced on the premises shall not be in excess of the standards listed below when measured at any property line of the lot on which the use is located:
Frequency Band (cycles per second) | Sound Pressure Level (decibels re 0.0002 dyne/cm 2) | |
|---|---|---|
20 - 75 | 69 | |
75 - 150 | 54 | |
150 - 300 | 47 | |
300 - 600 | 41 | |
600 - 1,200 | 37 | |
1,200 - 2,400 | 34 | |
2,400 - 4,800 | 31 | |
4,800 - 10,000 | 28 |
(2)
If the noise is not smooth and continuous, but is of an impulsive or periodic character, the decibel levels indicated above shall be reduced by 15%.
C.
Air pollution. 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 the New Jersey Air Pollution Control Code, as amended and as augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with.
(1)
Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, 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 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
(2)
Solid particles.
(a)
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission, in pounds per hour, established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(b)
In any other zone, except the Industrial Zone, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
(c)
In the Industrial Zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
(d)
No open building shall be permitted in any zone.
(e)
All incinerators shall be approved by the State Department of Environmental Protection.
(f)
Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
(3)
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained. Table I (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
D.
Liquid waste. No liquid waste shall be discharged into any watercourse or sewage collection and disposal system, except in accordance with plans approved by the Toms River Township Sewerage Authority and, where required, by the New Jersey Department of Environmental Protection.
E.
Solid waste. All uses in the Township shall:
(1)
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(2)
Comply with all applicable provisions of the Air Pollution Control Code.
(3)
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Environmental Protection.
(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.
F.
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, P.L. 1958, c. 116, as amended, whichever shall be more stringent.
G.
Fire and explosion hazards. 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:
(1)
Approval of the use, structure, process or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been or will be taken or installed.
H.
No activity shall be maintained on the premises which will produce heat or glare beyond any property line.
I.
No machinery or operation shall be permitted which shall cause perceptible earth-shaking vibration beyond the property lines of the lot on which the use is located.
J.
Storage of flammable material. The storage of all flammable and combustible liquids and gases shall be subject to approval by the Fire Prevention Bureau and the following regulations:
(1)
The storage of fuel oil in aboveground tanks of a capacity greater than 275 gallons, or of a capacity greater than 10 gallons within structures, shall be prohibited in residential areas or in connection with residential uses. (Gallonage shall be determined by water capacity measurement.)
(2)
The aboveground storage of any other flammable liquids or materials in tanks of a capacity greater than five gallons or combustible liquids or materials greater than 60 gallons and all underground storage of any other flammable or combustible liquids or materials, including dispensing equipment, shall be prohibited in residential areas. (Gallonage shall be determined by water capacity measurement.)
(3)
The storage of liquefied petroleum gases or other types of bottled gas, supplied or delivered for residential consumption, shall be limited to a tank or tanks with a combined equivalent water capacity of 500 gallons for each residential dwelling or structure serviced.
(4)
All installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 1,200 gallons shall comply with all requirements of the Fire Prevention Code,[2] and all installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 4,000 gallons shall be prohibited in areas not served by public water mains and fire hydrants complying with the requirements of the Fire Prevention Code. The bulk storage, processing or manufacturing of liquefied petroleum gas or other types of bottled gas or facilities therefor shall not be permitted in any residential zone.
(5)
All installations of flammable or combustible liquids, compressed gases or other hazardous fuels shall comply with the requirements of the Toms River Township Fire Prevention Code and amendments thereto.
K.
Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.
L.
Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(1)
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line.
(2)
Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.
(3)
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.