An application for a permit shall provide relevant documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued until such time as this documentation is submitted with respect to the particular occupant. It shall be the burden of the applicant to prove beyond a reasonable doubt that the proposed use meets the standards required by this chapter.
A. Electricity. Electric or electronic equipment shall be shielded so that there is no interference with any radio or television reception at the lot line or beyond the operator's dwelling unit, in the case of multifamily dwellings, as the result of the operation of such equipment. Electronic equipment shall be in accordance with Federal Communications Commission standards.
B. Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.
C. Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other watercourses.
D. Noise. Noise levels for commercial and industrial enterprises shall be designed and operated in accordance with the regulations established by the New Jersey State Department of Environmental Protection, as they are adopted and amended.
E. Odor. Odors shall not be discernible at the lot line or beyond to such an extent that they become a nuisance.
F. Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life. All materials 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 indoors and enclosed in appropriate containers adequate to eliminate such hazards.
G. Vapor. No use shall produce smoke, ash, dust, fumes, vapors, gases or other forms of air pollution which could cause damage to the health of any person, animal or vegetation or which could cause excessive soiling.
H. Vibration. There shall be no vibration which is discernible to the human sense of feel beyond the immediate site on which such use is located.
I. Airborne emissions. In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having obtained valid permits and certificates from the Bureau of Air Pollution Control, N.J.D.E.P. 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. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate. In addition to the requirements of the New Jersey Department of Environmental Protection, the following shall also apply:
(1) Steam emissions. No visible emissions of steam having an equivalent capacity greater than 60% and excepting direct results of combustion shall be permitted within 500 feet of a residential district.
(2) Toxic matter. Emissions of chemicals, gases, components or elements, listed as being toxic matter by the American Conference of Governmental Hygienist, the New Jersey Department of Labor and Industry or the United States Environmental Protection Agency shall not exceed the threshold level, as determined in accordance with A.S.T.M.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, the New Jersey Department of Labor and Industry, and the 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 the New Jersey Department of Labor and Industry approving the concentrations, level or loading proposed by the applicant.
J. Greenhouse gas emissions. Effort shall be made to reduce vehicle trips required per household.
[Added 11-28-2011 by Ord. No. 23-2011]
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