As a condition of approval and the continuance of any use or occupancy of any structure, or the operation of any process or equipment, the applicant shall supply evidence, satisfactory to the municipal agency, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the performance standards contained herein.

As evidence of compliance, the municipal agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, with the costs thereof to be borne by the applicant.

The municipal agency 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 municipal agency as proof of compliance with applicable codes.

If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the municipal agency or Land Use Officer (Zoning Officer) 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.

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 municipal agency 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 conditional permit is granted, a certificate of occupancy shall be satisfactory evidence shall be applied for and satisfactory evidence submitted that all standards established by this article have been met.

Applicability.

Continued compliance. Continued compliance with performance standards is required and shall be enforced by the Construction Official or Land Use Officer.

Termination of violation. All violations shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.

Violation inspection. Whenever, in the opinion of the Construction Official or Land Use Officer, there is a reasonable probability that any use or occupancy violates the regulations of this article, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this article are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements, and analyses.

The definitions contained in the Noise Control Regulations of the New Jersey Department of Environmental Protection. (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference as if they were set forth at length herein.

No person shall cause, suffer, allow or permit, nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:

The provisions of this section shall not apply to:

In commercial recreation zones, no outdoor loudspeaker, sound system, or other source of airborne sound shall be permitted where the commercial recreation property abuts a residential use or a property zoned for residential uses.

Smoke. In any 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 incinerator or 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 no 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.

Solid particles.

Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.

Comply with all applicable provisions of the Air Pollution Control Code.

Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Environmental Protection.

Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.

Not engage in any sanitary landfill operation on the property.

No use may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or the lot line if the enterprise generating the vibration is the only enterprise located on a lot.

No use may generate any ground-transmitted vibration in excess of the limits set forth in Subsection E. Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table set forth in Subsection D.

The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

The vibration maximum set forth in Subsection E stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

The maximum ground-transmitted vibration shall be 0.2 particle velocity, inches per second.

The values stated in Subsection E may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.

Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 9:00 p.m. shall be exempt from the requirements of this section.

Adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference; or

Is not in conformance with the regulations of the Federal Communication Commission.