a. No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of ten thousand (10,000) pounds or having more than two (2) axles, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.
b. Not more than one motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of ten thousand (10,000) pounds or less shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.
c. A commercial vehicle permitted to be parked as provided in paragraph b. above, shall be free of all garbage, rubbish and debris. (Ord. #1045, §7.19; Ord. #1312, §2)
No building, structure or use shall be permitted within areas defined as wetlands by the New Jersey Wetlands Act of 1970 or the New Jersey Freshwater Wetlands Protection Act of 1987 except in accordance with a permit issued under the Act. (Ord. #1045, §7.20)
a. In residential zones, the following antenna structures shall be permitted as accessory structures to a principal residential structure or permitted conditional use on the same lot. No such antenna structures may serve more than one residential lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the persons served by the antenna.
1. Two (2) conventional television and/or radio antenna structures attached to a building provided that they do not exceed the height limitations for the zone by more than fifteen (15') feet. Antenna structures operated by holders of a Federal Communications Commission Amateur Radio License may exceed the height limitations for the zone by thirty-five (35') feet. Such antennas which exceed twenty (20') feet above the point of attachment to the building shall be built to withstand winds of sixty (60) miles per hour.
2. Free-standing, noncommercial, mast or pole type radio and/or television antenna structures and one towertype radio and/or television antenna structure provided that they shall only be placed in the rear yard area, shall be located no closer than fifteen (15') feet to any property line, and may exceed the height limitations for the zone by not more than fifteen (15') feet. Antenna structures operated by holders of a Federal Communications Commission Amateur Radio License may exceed the height limitations for the zone by thirty-five (35') feet. Such structures over twenty (20') feet in height shall be built to withstand winds of sixty (60) miles per hour.
3. One satellite dish antenna structure erected on a secure ground-mounted foundation provided that it shall only be placed in the rear yard, shall conform to the setbacks for a principal structure in the zone, and shall not exceed sixteen (16') feet in height or twelve (12') feet in diameter. Any wires or connecting cables shall be buried underground unless the antenna is located immediately adjacent to and mounted no more than seven (7') feet from the structure being served. Each such structure shall be screened by fencing, other structures and/or nondeciduous plantings of sufficient number and height to obstruct any clear view of the antenna from any adjacent conforming residential property, any residential zone, or any public street.
b. In nonresidential zones, the following antenna structures shall be permitted as accessory structures to a principal use, other than a residential use, on the same lot. No such antenna structures may serve more than one lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the persons served by the antenna.
1. Conventional television and/or radio antenna structures attached to each building provided that no antenna structure shall exceed the height limitations for the zone by more than fifteen (15') feet. Such structures which exceed twenty (20') feet above the point of attachment to the building shall be built to withstand winds of sixty (60) miles per hour.
2. Freestanding, conventional, noncommercial radio and television antenna structures provided that such antenna structures shall only be placed in the rear yard, shall adhere to setback and yard requirements for accessory structures in the particular zone but in no case shall be closer than fifty (50') feet to any residential property line or zone boundary or closer than fifteen (15') feet to any other property line and shall not exceed the height limitations for the zone by more than fifteen (15') feet. Such structures over twenty (20') feet in height shall be built to withstand winds of sixty (60) miles per hour.
3. Satellite dish antennas. Such antennas structures shall be erected on a secure ground-mounted foundation located in the rear yard or may be mounted on a flat roof provided that it is no higher than fifteen (15') feet above the roof line and is concealed from public view. No antenna structure shall exceed twelve (12') feet in diameter. Ground-mounted antenna structures shall conform to the setbacks for a principal structure in the zone, shall not exceed sixteen (16') feet in height, and shall in no case be located closer than fifty (50') feet to a residential property line or zone boundary. Wires or connecting cable for ground-mounted antenna shall be buried underground. Each ground-mounted antenna shall be screened by fencing, other structures and/or nondeciduous plantings of sufficient number and height to obstruct any clear view of the structure from any adjacent conforming residential property, any residential zone or any public street. (Ord. #1045, §7.21)
a. As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Municipal Agency, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.
1. As evidence of compliance, the Municipal Agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.
2. The Municipal Agency may require that specific types of equipment, machinery, or devices be installed, or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation, shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
3. Permits and certificates required by other government agencies shall be submitted to the Municipal Agency as proof of compliance with applicable codes.
4. If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the Municipal Agency or Administrative Officer (Zoning Officer) may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant, or specific use in question.
5. Conditional permit. In the event a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the Municipal Agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation. Within thirty (30) days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.
b. Applicability and Enforcement of Performance Standards.
1. Applicability.
(a) Prior to Construction and Operation. Any application for development or building permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this section, and a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
(b) For Existing Structures. Any existing structure or use which is after the effective date of this Chapter, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.
2. Continued Compliance. Continued compliance with performance standards is required and shall be enforced by the Construction Official or Administrative Officer (Zoning Officer).
3. Termination of Violation. All violation shall be terminated within thirty (30) days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
4. Violation Inspection. Whenever, in the opinion of the Construction Official or Administrative Officer (Zoning Officer), there is a reasonable probability that any use or occupancy violates the regulations of this section, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements, and analyses.
c. Performance Standards Established.
1. Noise.
(a) The definitions contained in the Noise Control Regulations of the New Jersey Department of Environmental Protection. (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.
(b) No person shall cause, suffer, allow or permit, nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:
(1) Continuous airborne sound which has a sound level in excess of 50 dBA, or
(2) Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands.
or,
(3) Impulsive sound in air which has an impulsive sound level in excess of eighty (80) decibels.
(4) The provisions of this section shall not apply to:
(a) Agriculture.
(b) Bells, chimes or carillons while being used in conjunction with religious services.
(c) Commercial motor vehicle operations.
(d) Emergency energy release devices.
(e) Emergency work to provide electricity, water, or other public utilities when public health or safety are involved.
(f) National Warning System (NAWAS) signals or devices used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency.
(g) Noise of aircraft flight operations.
(h) Public celebrations.
(i) Public roadways.
(j) Stationary emergency signaling devices.
(k) The unamplified human voice.
(l) Use of explosive devices - These are regulated by the New Jersey Department of Labor and Industry under the 1960 Explosive Act (N.J.S.A. 21:1A-1-27).
d. Air Pollution. No substance shall be omitted into the atmosphere in quantities, which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the municipality. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented and all the following provisions stated, whichever shall be more stringent, shall be complied with.
1. Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or fuel burning equipment, provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three (3) minutes in any thirty (30) consecutive minutes.
2. Solid Particles.
(a) In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than fifty (50%) percent of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(b) In any other zone, except industrial zones, the allowable discharge shall be seventy-five (75%) percent of the allowable emission permitted by the New Jersey Air Pollution Control Code.
(c) In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
(d) No open burning shall be permitted in any zone.
(e) All incinerators shall be approved by the State Department of Environmental Protection.
(f) Any road, parking area, driveway, truck loading or unloading station, or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
3. Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process, which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors," copyrighted October, 1968, by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
4. Liquid Waste: No liquid waste shall be discharged into any water course, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Municipal Engineer, and where required by the New Jersey Department of Environmental Protection.
5. Solid Waste. All uses in the municipality shall:
(a) Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(b) Comply with all applicable provisions of the Air Pollution Control Code.
(c) Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.
(d) Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.
(e) Not engage in any sanitary landfill operation on the property, except as may be permitted by other municipal codes and ordinances.
6. Radiation. All use of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the U.S. Atomic Energy Act of 1965, as amended and any codes, rules or regulations promulgated under such Act, as well as the N.J. Radiation Protection Law, N.J.S.A. 26.2D et seq., as amended, whichever is more stringent.
7. Fire and Explosion Hazards. All activities shall be carried on only in buildings classified as fireproof by the building code of the municipality, and as determined by the Fire Department. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Fire Department.
8. Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.10 inches per second for impact vibrations. Particle velocity is to be determined by the formula 6.28F, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this Chapter, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than one hundred (100) per minute. Discrete impulses which do not exceed one hundred (100) per minute shall be considered impact vibrations.
9. Electromagnetic Interference. There shall be no electromagnetic interference that:
(a) Adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference, or that
(b) Is not in conformance with the regulations of the Federal Communication Commission.
10. Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than two (2C) degrees Celsius at or beyond the boundary of any lot line.
11. Fire Resistant Construction. All new construction and additions shall be fire resistant construction in accordance with the requirements of the State Uniform Construction Code.
12. Glare. There shall be no direct or sky-reflected glare exceeding one and one-half (1-1/2) foot candles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exists or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 foot candle in residential districts.
13. Lighting and Illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(a) The illumination provided by artificial lighting on the property shall not exceed 0.5 foot candles beyond any property line.
(b) Spotlights or other types of artificial lighting, that provides a concentrated beam of light, shall be so directed that the beam of light does not extend beyond any property lines.
(c) Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area. (Ord. #1045, §7.22)
It is the intent of this section to assure that the public health, safety, and welfare is not impaired by the neglected maintenance of the buildings and property. It is further intended to assure that site improvements required by a Municipal Agency are properly maintained and operable. It shall be the Administrative Officer's (Zoning Officer) responsibility to enforce this section where property conditions pose a hazard to the public or where a property owner fails to maintain a required site improvement.
It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition, all buildings and land in the municipality which they own, use, occupy or have maintenance responsibility for in accordance with the following regulations.
a. Maintenance of all land uses within the municipality shall include, but is not limited to, the following:
1. Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of thirty (30) days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
2. Paint striping, traffic control signs and markings, and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
3. Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians.
4. Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
5. All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.
6. All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this section, they shall be replaced only). All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
7. Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
8. All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to interfere with vehicular or pedestrian circulation.
9. All outdoor lighting shall be maintained in a working condition.
b. All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of this Chapter or for which site plan or sub-division approval was previously granted under regulations heretofore in effect, shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified above, additional maintenance responsibilities shall include, but are not limited to, the following:
1. All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first thirty (30) days of the next planting season.
2. Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such areas. Refuse containers located elsewhere on the site shall not be permitted.
c. Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this subsection shall be in violation of this Chapter subject to the penalties prescribed in this Chapter. (Ord. #1045, §7.23)
