§ 200-25. Technical performance standards applicable to all uses.


Latest version.
  • 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 Unite 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 loadings 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, except as designated below:
    Noise Level Restrictions
    Performance Category
    Maximum Level Permitted
    (dBA)
    Where Measured
    Residence districts
    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 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 restrictive.
    (c) 
    Noises such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of a use or agricultural equipment are excluded from the above limitations.
    C. 
    Vibration.
    (1) 
    Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three mutually perpendicular directions, simultaneously.
    (2) 
    Vibration level restrictions. Vibration levels shall not exceed a particle velocity of 0.05 inches per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residence districts, vibration levels shall not exceed a particle velocity of 0.02 inches per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.
    D. 
    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, plant life or animal 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 produce 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 and animals of neighboring uses.
    E. 
    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.
    F. 
    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 89, Fire Prevention, whichever is more restrictive.
    (2) 
    All flammable, explosive and/or combustible material shall be stored in accordance with the Fire Prevention Code of the Township or New Jersey Department of Labor and Industry Codes, whichever is more restrictive.
    (3) 
    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 Part 4, Zoning, of this chapter upon the principal buildings in the district.
    (4) 
    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, watercourse or aquifer more than the primary use intended for the lot.
    (5) 
    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.