(a) The technical standards in this division are intended to further define the types of nonresidential activities permitted and to create minimum standards which must be met for any and all nonresidential uses within the township. To the extent that the standards contained in this division are less stringent than any standards promulgated by statute, rule or directive of the federal, state or county government or agencies thereof or by other ordinances of the township or the township board of health, the more stringent standard shall be complied with. In other instances the standards set forth in this division shall be binding. The standards contained in this division are minimum ones and shall be applied to ensure initial and continuing compliance by developers of new nonresidential construction and shall be applicable to portions of any existing use which is to be either extended or enlarged. These standards are also applicable to existing nonresidential uses not applying for extension or enlargement and changes in tenancy where it is determined that failure to comply may adversely affect the health and safety of the public.
(b) An environmental impact statement may be required in accordance with the following:
(1) All applications for compliance with nonresidential use performance, except as set forth in subsection (b)(2) of this section, shall include an environmental impact statement. The director of planning and development may waive the environmental impact statement requirement where the application and other sources of information available to the director satisfy him that the new tenancy will not involve an environmentally detrimental, or potentially environmentally detrimental, use. The director of planning and development shall seek the advice of the environmental commission and board of health before rendering a waiver decision.
(2) Exemptions from environmental impact statement requirement. The following applications for compliance with nonresidential use performance shall not be required to submit an environmental impact statement:
a. An initial tenant, or change in tenant, for a retail, commercial, office, restaurant or hotel use where hazardous substances are not generated, processed, packaged, stored, sold, disposed of or distributed.
b. An initial tenant, or change in tenant, for a warehouse or wholesale distribution use where hazardous substances are not generated, processed, packaged, stored, sold, disposed of or distributed, which includes but is not limited to the following types of products:
1. Household goods and utensils.
2. Electrical, electronic or mechanical equipment.
3. Office, medical, agricultural or food processing equipment.
4. Sporting goods.
c. A specific tenant for which an environmental impact statement had been submitted or waived during site plan review and approval.
d. An initial tenant, or change in tenant, for an academic, religious or cultural use where hazardous substances are not generated, processed, packaged, stored, sold, disposed of, or distributed, which includes but is not limited to the following:
1. Schools, academies or studios.
2. Churches, synagogues or mosques.
3. Historical sites or museums.
(3) Any request for a waiver of this requirement shall be made in writing with reasons as to why the waiver should be granted.
(4) Requests for waivers shall be acted upon within 20 days from receipt of the request; otherwise the waiver shall be deemed granted.
(5) The director of planning and development may hire an outside consultant to evaluate the environmental impact statement submitted. The services of this consultant will be paid for by the applicant, and a copy of this report shall be provided to the health department, planning department, environmental commission and other local agencies for review and comments.
(6) Disposition. The director of planning and development shall use the environmental impact statement and any other available information to evaluate environmental impact and, where appropriate, formulate reasonable and necessary conditions of approval which will mitigate adverse environmental impact.
(c) A certificate of occupancy shall be required as follows:
(1) A certificate of occupancy issued by the construction official shall be required prior to the occupancy of any new building or structure after verification by the director of planning and development of compliance with the standards set out in this division.
(2) A certificate of continued occupancy issued by the construction official shall be required prior to the occupancy of any previously occupied building or structure upon verification by the director of planning and development of compliance with the standards set out in this division.
(d) Each tenancy review application shall be accompanied by a one time fee in the amount of $50.00. (Code 1988, § 175-100; Ord. No. 46-02, § I, 7-16-2002; Ord. No. 33-05, § I, 6-14-2005)
Users who are subject to this division shall be bound by standards contained and enumerated in the township air pollution control code in division 2 of article III of chapter 18 and by N.J.A.C. title 7, ch. 27, as it may be amended from time to time or as it may be succeeded. (Code 1988, § 175-101)
(a) Visibility from structures. Light from enclosed structures shall be shielded or directed in such a way that glare is not visible at any point on any boundary line between a residential and nonresidential district or at or beyond any point on any property line or street line within a nonresidential district.
(b) Area lighting. Area lighting, including that used for production activities and protective purposes, driveways, loading and unloading and parking, shall be located so that glare will not become a nuisance to adjoining properties, adjoining districts or to any adjoining public right-of-way. All permitted lighting shall be arranged so as to be directed upon the property from which the light originates so as to not objectionably illuminate any contiguous property without the express written consent of the owners of such property and without the consent of the appropriate municipal board.
(c) Illumination of production activities. Illumination of production activities shall be buffered so that glare will not become a nuisance to adjoining properties.
(d) Advertising lighting. The intent of this subsection is to ensure lighting decoration is done in a tasteful manner which will not detract from peaceful enjoyment of surrounding areas. Advertising lighting, including all lighting which is used for directing attention, shall be permitted where the source of illumination shines directly toward the sign without producing glare or shines directly toward a building, cluster of shrubs, fountain or other point of interest, not toward any point off the property. No lighting of intermittent intensity or flashing lights will be permitted. No lighting will be permitted which is directed skyward solely for the purpose of advertising or drawing the attention of the public. (Code 1988, § 175-102)
Any operation producing excessive heat shall be performed within an entirely enclosed structure and in such a manner as not to be perceptible at or beyond any property line or boundary of any public right-of-way. Further, no process shall be permitted which would cause temperature to rise in any bodies of water, including ponds, streams, lakes or groundwater, unless the applicant shall prove to the planning board clearly and convincingly that such increase will have no deleterious effect on the ambient environment. (Code 1988, § 175-103)
Any use involving radiation or radioactive substances shall be permitted only in accordance with N.J.A.C. ch. 28 establishing the bureau of radiation protection. No radioactive material shall be discharged in the atmosphere, the sanitary sewer system, streams, groundwater, water supply or surface water unless it complies with all federal, state, county and municipal statutes, rules or regulations. No radioactive material shall be buried or disposed of on the premises. (Code 1988, § 175-104)
(a) No industrial waste material shall be discharged into the sewage disposal system unless permission to do so, certified in writing by the public works director, has been obtained. Should the public works director refuse permission, he shall do so in writing, stating his reasons for such refusal.
(b) The collection and disposal of solid waste shall be the responsibility of the nonresidential user and shall be done in accordance with the rules of the bureau of solid waste management, N.J.A.C. 7:26-1.1 et seq. No accumulation of waste, junk or other objectionable material shall be permitted on the property outside a building. This prohibition shall not apply to day-to-day trash, not otherwise regulated, awaiting disposal in the ordinary conduct of business.
(c) No discharge of surface waste shall violate the state department of environmental protection surface water quality standards, N.J.A.C. 7:19-4.1 et seq., and all other applicable standards, if any. No discharge shall take place which shall violate the township board of health water supply ordinance in subdivision II of division 2 of article V of chapter 18. Sewer sampling manholes, constructed in accordance with township specifications, shall be required for each building.
(d) In the interest of the health and safety of the public and for the protection of valuable environmental resources, industrial users of chemical products and processes shall maintain, on site, a means of containing effluent from major spills, leaks or system breakdowns. Such spills, leaks or breakdowns shall be immediately reported to the department of health, which shall forthwith inspect the effluent from the spill, leak or breakdown. No materials so contained may be discharged or disposed of until after the inspection and approval for discharge or disposal is obtained. (Code 1988, § 175-105)
No noise or vibration shall be created which violates chapter 29 of the New Jersey Administrative Code pertaining to noise control regulations, N.J.A.C. 7:29-1.1 et seq. (Code 1988, § 175-106)
Any operation involving the storage, utilization or manufacture of flammable explosive material shall be permitted only in accordance with the state Uniform Construction Code and with applicable statutes and state codes governing explosives. (Code 1988, § 175-107)
(a) Characteristics and elements of aquifer recharge areas. Aquifer recharge areas are all areas delineated as being highly permeable, either at the surface or in the substratum, which overlie or feed substantial bodies of groundwater used for water supplies. Such soils are enumerated in the county soils survey report and are designated as soil types A and B on the township aquifer recharge map. Such survey and map may from time to time be amended.
(b) Restrictions for aquifer recharge areas. Restrictions for aquifer recharge areas are as follows:
(1) Development shall not cause any reduction in the average annual volume of groundwater recharge occurring on the site in an undeveloped condition, as set forth in N.J.A.C. 7:8-5.4.
(2) The quality of water infiltrated to the water table or aquifer shall comply with relevant state and local water quality standards as set forth in N.J.A.C. 7:8, Stormwater Management Rules, N.J.S.A. 26:3B-2 and 26:3B-3 pertaining to nuisances; N.J.A.C. 7:14, Water Pollution Control Act; N.J.A.C. 7:14A-1.1 pertaining to pollution discharge elimination system; division 5 of article III of chapter 18 pertaining to the public health nuisance code; division 3 of article V of chapter 18 pertaining to the sewage disposal code; and subdivision II of division2 of article V of chapter 18 pertaining to water supply protection.
a. Where practicable, surface water runoff shall be directed in such a manner as to travel over natural areas rather than across potentially contaminated surfaces, such as paved areas.
b. State-of-the-art technology for mitigating oil migration into the groundwater and settling of suspended solids shall be provided for runoff from parking areas prior to release to natural drainage as required by N.J.A.C. 7:8-5.5, pertaining to stormwater runoff quality standards, N.J.A.C. 7:14A-2 et seq. pertaining to regulations concerning the state pollutant discharge elimination system; subdivision II of division 2 of article V of chapter 18 pertaining to water supply protection; and division 4 of article III of chapter 18 pertaining to hazardous substances.
c. Runoff from land uses producing discharges likely to contaminate groundwater shall receive state-of-the art treatment prior to release to the natural drainage pursuant to N.J.A.C. 7:14A-1 et seq. pertaining to regulations concerning the state pollutant discharge elimination system and subdivision II of division 2 of article V of chapter 18 pertaining to water supply protection.
d. Hazardous substances, as defined in section 18-192, may not be stored, treated or disposed of on site except in compliance with applicable state and federal statutes and regulations.
e. Storage tanks. Any use involving new or existing underground or aboveground storage tanks shall be permitted only in accordance with section 46-105, F-4009.1 et seq., and section 18-194(e). (Code 1988, § 175-107.1; Ord. No. 2007-16, § I, 3-27-2007)
(a) Prior to the approval of any site plan, subdivision or variance for new construction of nonresidential uses, sufficient information shall be supplied to the director of planning and development concerning the proposed operation of the premises so as to enable a determination to be made as to whether or not the proposed use will be in compliance with the standards set forth in sections 62-1731 through 62-1739. Such information shall be reviewed by the township fire marshal, planning director, township engineer, zoning officer, health officer and recycling coordinator, as applicable. Such review shall take place within timeframes provided for approval of applications; provided, however, that no application shall be deemed to be complete until such time as either the required information has been submitted to the director of planning and development or, in the alternative, until such time as arrangements for the submission of the necessary information are made with the director of planning and development. Any such arrangements must, in the opinion of the director of planning and development, allow sufficient time for review and reporting to the applicable board. Failure to substantially comply with such an arrangement, once made, shall cause the application to be deemed incomplete at the scheduled hearing, and the applicant shall be required to republish his application and renotify property owners within 200 feet of the proposed development. The process of this determination shall be known as tenancy review.
(b) If the occupant of a particular structure is not known at the time of application, the property owner shall supply to the director of planning and development at such time as the occupant is known the information required in subsection (a) of this section. In such case a committee consisting of the township officials named in subsection (a) of this section shall have 20 days to review the information to determine compliance with the provisions of this section. In no case shall a certificate of occupancy be issued for any building until such information is made available to the director of planning and development and a determination on compliance is made.
(c) Subsequent to the issuance of a certificate of occupancy and within six months thereof, the planning director, zoning officer, health officer, fire marshal, engineer and recycling coordinator, as applicable, shall inspect the premises to determine that the use does, in fact, conform to the performance standards. If any of curb officials feels that curb an inspection by his department is unnecessary in view of the nature of the use, he shall notify the building inspector, in writing, of that determination, which writing shall be deemed a waiver of inspection and approval by such official. Should any of such officials find that the use does not conform to any of the standards in this division, a 30-day notice for compliance shall be sent to the user by the zoning officer. Failure to correct deficiencies set forth in such notice within the time period ascribed shall constitute prima facie evidence of noncompliance with this subsection. Each day of noncompliance with the notice after the expiration of the time limits set forth therein shall constitute a distinct and separate violation of this subsection.
(d) For the purpose of this section, any change of use or change of occupancy of the structure shall be dealt with as if the structure was a new one. (Code 1988, § 175-108)
