§ 165-100. Performance standards.

A. 

General application. All nonresidential uses, either existing or proposed, shall be subject to the following standards.

B. 

Compliance with performance standards.

(1) 

Prior to commencement of construction and/or operation. Any application for a building permit or a certificate of occupancy for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of subject property that said use shall be operated in accordance with the performance standards set forth herein.

(2) 

Continued compliance. Continued compliance with performance standards shall be required and enforcement of continued compliance with these performance standards shall be enforced by the Construction Official, Borough Engineer, Health Officer and Fire Prevention Bureau.

C. 

Determination where performance standards are to be measured. The location where determinations are to be made for measurement of performance standards shall be made as follows:

(1) 

At property lines of the use creating such element for vibration, glare, air pollution, odor, dust, water pollution or noise.

(2) 

At the point of emission for smoke.

D. 

Performance standards.

(1) 

Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in § 165-100C herein.

(2) 

Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in § 165-100C herein.

(3) 

Smoke.

(a) 

The emission standard of this chapter or as promulgated by the New Jersey Department of Environment Protection, whichever is more restrictive, shall pertain.

(b) 

No emission shall be permitted, from any chimney or otherwise, of visible gray smoke at a shade equal to or darker than No. 1 on the Power's Micro-Ringelmann Chart published by McGraw Hill Publishing Company, Inc., copyright 1954, being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines.

(c) 

The provisions of this subsection shall not apply to:

[1] 

Visible gray smoke of a shade not darker than No. 2 of said chart which may be emitted for not more than four minutes in any thirty-minute period.

[2] 

Smoke resulting from any fire ignited solely for the purpose of training or research in fire prevention or protection.

[3] 

Smoke from locomotives, the shade or appearance of which is equal to but not darker than No. 3 of the Power's Micro-Ringelmann Chart for a period or periods aggregating no more than 30 seconds in any three consecutive minutes, or smoke of said density for a period aggregating no more than four minutes in any 15 consecutive minutes when building a new fire.

[4] 

Household fireplaces.

(4) 

Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive as measured as set forth in § 165-100C.

(5) 

Fly ash and dust. No emission of any fly ash shall be permitted to be discharged from any stack, chimney or by other means into the open air in excess of the quantity set forth in regulations promulgated by the New Jersey Department of Environmental Protection.

(6) 

Noise (see Chapter 196, Noise, and current NJDEP standards).

(a) 

There shall be no noise from any source other than transportation facilities or temporary construction work which shall exceed the values given in the following table in any octave band or frequency. The sound level analyzer that conforms to the specifications published by the American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z 24, 3-1944, American Standards Association, Inc., New York, New York and the American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z 24, 10-1953, American Standards Association, Inc., New York, New York shall be used.

	Frequency Band in Cycles Per Second	Sound Level in Decibels Re 0.0002 DYNE-CM (2)
	0 to 75	65
	75 to 150	50
	150 to 300	44
	300 to 600	38
	600 to 1,200	35
	1,200 to 2,400	32
	2,400 to 4,800	29
	Above 4,800	26

(b) 

If objectionable noises due to intermittence, beat frequency or hammering exist or if the noise is not smooth and continuous, corrections shall be made to the above tables by subtracting five decibels from each decibel level given.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(7) 

Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted where electrical disturbances adversely affect the operation of any equipment. All applicable federal and state regulations shall be complied with.

(8) 

Fire and explosion hazard.

(a) 

All activities involving storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws and regulation shall also apply.

(b) 

All raw materials, fuels and finished products shall be stored in underground tanks. The storage of crude oil or any other volatile or inflammable liquid in aboveground tanks with individual capacity greater than 500 gallons is prohibited.

(9) 

Liquids or solid waste. There shall be no discharge of any wastes of any kind into any river, reservoir, pond or lake. The discharge of untreated wastes into any streams shall also be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough and the New Jersey State Department of Environmental Protection.