N.J. Admin. Code § 19:31C-3.11 - Performance standards
(a) General
applications: As a condition of approval and the continuance of any use,
occupancy of any structure, and operation of any process or equipment, an
applicant shall certify compliance with the performance standards contained in
this section. Permits and certificates required by other government agencies
shall be submitted with a development application as proof of compliance with
applicable codes.
(b) The following
concern regulation of nuisance elements:
1.
The determination of the existence of nuisance elements shall be made to the
following locations:
Nuisance Characteristic | Location of Tests |
Smoke | Vent or smokestack |
Air pollution including solid particles or fly ash | Vent or smokestack |
Odors | Property line |
Liquid waste | Property line |
Solid waste | Property line |
Noise | Property line |
Vibration | Building wall |
Glare | Property line |
Trespass Lighting | Property line |
Temperature change: Gas, Liquid or Solid | Vent or smokestack |
Storage | Tank or drum |
2. Continued compliance with the performance
standards stated in this section shall be a requirement for the continued
occupancy of any structure or the operation of any process or
equipment.
(c) The
following concern standards to be enforced:
1.
The following concern smoke:
i. In any
nonresidential area, no smoke, the shade or appearance of which is darker than
No. 1 on the Ringelmann Smoke Chart, incorporated herein by reference and
published by the U.S. Department of the Interior - Bureau of Mines, available
at:
http://www.ntis.gov/search/index.aspx?frm_qry_Search=Bureau+of+Mines&SimpleSearch=no,
shall be emitted into the open air from any fuel-burning equipment; provide,
however, that smoke emitted during the cleaning of a firebox or the building of
a new fire, the shade or appearance of which is not darker than No. 2 on the
Ringelmann Smoke Chart, incorporated herein by reference and published by the
U.S. Department of the Interior - Bureau of Mines, available at:
http://www.ntis.gov/search/index.aspx?frm_qry_Search=Bureau+of+Mines&SimpleSearch=no,
may be permitted for a period or periods aggregating no more than three minutes
in any 15 consecutive minutes. Smoke emissions from the combustion of fuel and
mobile sources and from stationary internal combustion engines shall not exceed
the limits set forth in N.J.A.C. 7:27.
ii. No open burning shall be permitted in any
area.
2. Air pollution:
No substance shall be emitted into the atmosphere in quantities that are
injurious to human, plant, or animal life or to property or that interfere
unreasonably with the comfortable enjoyment of life and property anywhere
within the Fort Monmouth Project Area. All provisions of N.J.A.C. 7:27, or the
provisions contained in this subchapter, whichever shall be more stringent,
shall apply.
3. Odors: No emission
shall be permitted of odorous gases or other odorous matter in such quantities
as to be readily detectable, at the property line from which they are emitted,
without instruments.
4. The
following concern wastes:
i. Liquid wastes: No
liquid waste shall be discharged into any watercourse within the Fort Monmouth
Project Area without all necessary permits from the New Jersey Department of
Environmental Protection (NJDEP). No liquid waste shall be discharged into the
public sewage collection and disposal system unless the appropriate host
municipality official shall have first investigated the character and volume of
such wastes and shall have certified that the municipality will accept the
discharge of such waste material into the system. An applicant shall comply
with any requirements of said host municipality, including the pre-treating of
such wastes, the installation of processing methods, separation or screening of
wastes, control of pH, and other methods of improving such wastes prior to
discharge, as a condition of approval of such facilities.
ii. The following concern solid waste:
(1) Each property owner shall be responsible
for:
(A) Adequate and regular collection and
removal of all refuse, except where the host municipality assumes such
responsibility;
(B) Compliance with
all applicable provisions of the NJDEP;
(C) Compliance with all provisions of
N.J.A.C. 7:26, where applicable; and
(D) No accumulation on the property of any
junk or other objectionable materials except in designated trash
receptacles.
5. Noise: All applications shall comply with
the provisions of N.J.A.C. 7:29.
6.
Vibration: In any area, vibrations discernible without instruments at the
measuring location shall not be permitted.
7. Glare: No single standard for glare is
promulgated due to the impracticality of establishing such standards. It is the
intent of these performance standards to ensure that both direct and indirect
glare, to the extent possible, are eliminated or that activities producing such
glare are carried on within a structure or are designed, constructed, and
maintained in such a manner as not to be a nuisance to surrounding
uses.
8. Trespass lighting: All
applications shall comply with the provisions of
19:31C-3.1 0(i).
9. Temperature change: Any use or process
shall not produce a temperature change greater than three degrees Celsius at
the measuring location.
10. The
following concern fire and explosive hazards:
i. If it appears that any proposed use,
structure, process, or resulting product or material may constitute a fire or
explosion hazard, the planning board may require the applicant to supply proof
of:
(1) Approval of the use, structure,
process, or resulting product or material from the New Jersey Department of
Labor and Workforce Development indicating that adequate safeguards against
fire and explosion have been taken or installed; and
(2) Approval from the respective host
municipality fire department that the applicant has complied with all
applicable fire prevention regulations.
11. The following concern storage:
i. No highly flammable or explosive liquids,
solids, or gases shall be stored in bulk above ground, with the exception of
tanks or drums of fuel directly connecting with energy devices, heating
devices, or appliances located on the same lot as the tanks or drums of
fuel.
ii. All outdoor storage
facilities for fuel shall be enclosed by a fence adequate to conceal the
facilities from the adjacent properties.
iii. 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 which can
contaminate a stream or watercourse or otherwise render such stream or
watercourse undesirable as a source of water supply or which will destroy
aquatic life, be allowed to enter any stream or watercourse.
iv. All materials or wastes that might cause
fumes or dust or that constitute a fire hazard or that 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.
Notes
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