Union Township City Zoning Code
§ 30-6.5
Environmental Restrictions.
[Ord. No. 85-9, § 604; Ord. No. 84-6, § 5]
a.
Requirements for All Uses.
1.
No use shall be permitted which is noxious or offensive in the immediate surrounding areas by reason of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard whether by fire, explosion, or otherwise. In determining whether a proposed use is noxious, hazardous, or offensive, the following standards shall apply. The proposed operation shall not:
(a)
Constitute any nuisance whatsoever beyond the boundary of a site on which the use is located by a reason of dissemination of noxious, toxic, or corrosive fumes, smoke, odor or dust. All fixed equipment shall be operated by electric power, gas, or other smokeless fuel.
(b)
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line.
(c)
Endanger surrounding areas by reason of fire or explosion.
(d)
Produce objectionable heat, glare, or radiation beyond the property line.
(e)
Result in major electrical disturbance in nearby residences, or adversely affect the operation of equipment other than on the property on which the disturbance is located, when such equipment can be shown to be of good design and in proper functional condition.
(f)
Discharge any untreated sewage or industrial waste into any stream, or otherwise contribute to the pollution of surface or underground waters in accordance with the statutes of the State of New Jersey.
(g)
Create any other objectionable condition in an adjoining area which will endanger public health or safety or be detrimental to the proper use of the surrounding areas.
2.
When required by the municipality, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to insure that the proposed use will not be noxious, hazardous, or offensive as defined above. If required, the applicant shall submit supplemental information, plans, and impartial expert judgements, and the municipality may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.
3.
Any subdivision of land or land development proposed in which the lots are to be less than 1.5 acres in size shall be served by a common waste water disposal system or by sewers approved by the N.J.D.E.P., which shall meet the requirements of the approving agency having jurisdiction and shall be owned, maintained and managed by the developer, a homeowners association or by a private agency licensed to construct or maintain said system.
b.
Requirements for Commercial and Industrial Uses.
1.
General. All activities shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particular matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, glare, or heat for the district in which such use shall be located; and no use, already established on the effective date of this chapter[1] shall be so altered or modified as to conflict with or further conflict with such applicable performance standards for the district in which such use is located.
[1]
Editor's Note: This chapter was established by Ordinance No. 85-9 which was adopted on December 11, 1985 and became effective pursuant to law.
2.
Noise.
(a)
All activities shall be operated in such a manner as to comply with all current applicable regulations of the New Jersey Department of Environmental Resources.
(b)
The following sources of noise are exempt.
(1)
Transportation vehicles not under the control of the industrial use.
(2)
Occasionally used safety signals, warning devices, and emergency pressure relief valves.
(3)
Temporary construction activity between 7:00 a.m. and 7:00 p.m.
3.
Vibration. All activities shall be conducted in such a manner as to comply with the current applicable standards for vibration of the New Jersey Department of Environmental Protection.
4.
Air Pollution.
(a)
All activities shall be conducted in such a manner as to comply with the current applicable standards for air quality of the New Jersey Department of Environmental Protection.
(b)
No use shall cause, allow, permit, kindle, ignite, or maintain any bonfire, junk fire, or any other open fire, salvage operations fire, or any other open fire on or in any public street, road, or public ground, or upon any private property within the limits of the site.
5.
Toxic or Noxious Matter.
(a)
Waterborne. All activities shall be conducted in such a manner as to comply with all current applicable standards for waterborne matter of the New Jersey Department of Environmental Protection.
(b)
Airborne. All activities shall be conducted in such a manner as to comply with all current applicable standards for air quality of the New Jersey Department of Environmental Protection.
6.
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail.
All activities shall be conducted in such a manner as to comply with all current applicable standards for odors of the New Jersey Department of Environmental Protection.
7.
Fire and Explosion Hazards.
(a)
The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flash point of not less than 187° F. is permitted subject to compliance with all other performance standards for the district.
(b)
The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed cup flash point of less than 187° F. but no less than 120° F. is permitted, subject to compliance with all other performance standards for the district, and provided the following conditions are met:
(1)
The materials or products shall be stored, utilized, or produced within completely enclosed buildings or structures having incombustible exterior walls.
(2)
All such buildings or structures shall be set back at least 75 feet from side or rear lot lines and 150 feet from the front lot line, and shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association or Factory Insurance Association; or, if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Association or Factory Insurance Association.
(c)
The utilization in manufacturing process of materials which produce flammable or explosive vapors or gases, as determined for liquids by a closed cup flash point of less than 120° F. shall be prohibited without special permit from the Township Engineer. Issuance of such permit shall be guided by, but not limited to, the following criteria:
(1)
The final manufactured product shall not itself have a closed cup flash point of less than 187° F.
(2)
The use of such material shall be in conformity with the standards prescribed by the National Fire Protection Association and the requirements of other ordinances of the municipality.
8.
Storage. The storage of more than 10,000 gallons of materials or products having a closed cup flash point less than 120° F., including storage of finished products in the original sealed container, is prohibited. Bulk storage of more than 500 gallons must be in underground facilities designed to meet the standards prescribed by the National Fire Protection Association and the requirements of the other ordinances of the municipality.
9.
Heat and Glare.
(a)
Heat. No use shall carry on an operation that would produce an increase in ambient air temperature of more than 2° F. at the property line of the lot on which the use is situated.
(b)
Glare. No use shall carry on an operation that would produce glare as defined below from unshielded bulbs or any production operation, such as welding, beyond the property line of the lot on which the use is situated. Glare shall be defined as direct or indirect light from such activities of greater than 0.5 foot-candle at habitable levels.
10.
Water Quality and Withdrawal.
(a)
All activities shall be conducted in such a manner as to comply with all current applicable standards for water quality of the New Jersey Department of Environmental Protection.
(b)
Emergency Procedures. Where materials stored on site could, if accidentally released, impair water quality, emergency procedures shall be specified to prevent such spillage from entering ground or surface waters as a part of the permit application.
