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 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 Article, 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 fifty (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 (1) or more octave bands.
or,
(3) Impulsive sound in air which has an impulsive sound level in excess of eighty (80) decibels.
c. The provisions of this section shall not apply to:
(1) Agriculture.
(2) Bells, chimes or carillons while being used in conjunction with religious services.
(3) Commercial motor vehicle operations.
(4) Emergency energy release devices.
(5) Emergency work to provide electricity, water, or other public utilities when public health or safety are involved.
(6) 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 N.J. Civil Defense and Disaster Control Agency.
(7) Noise of aircraft flight operations.
(8) Public celebrations.
(9) Public roadways.
(10) Stationary emergency signaling devices.
(11) Surface carriers engaged in commerce by railroad.
(12) Rail and/or truck operations conducted by or in conjunction with the U.S. Naval Ordinance Depot - Earle.
(13) The unamplified human voice.
(14) Use of explosive devices - These are regulated by the N.J. Department of Labor and Industry under the 1960 Explosive Act (N.J.S.A. 21:1A-1-27), and in the case of U.S.N.A.D. Earle, the U.S. Department of Defense.
2. Air Pollution.
No substance shall be emitted 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.
a. 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.
b. Solid Particles:
(1) 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.
(2) 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.
(3) In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
(4) No open burning shall be permitted in any zone.
(5) All incinerators shall be approved by the State Department of Environmental Protection.
(6) 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.
c. 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.
3. 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 Public Works Department, Health Department, and Municipal Engineer, and where required by the New Jersey Department of Environmental Protection.
4. 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.
5. 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.
6. 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 Middletown Township Fire Department.
7. 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 one-tenth (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.
8. 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.
b. Is not in conformance with the regulations of the Federal Communication Commission.
9. Heat.
Every use and activity shall be so operated that it does not raise the ambient temperature more than two (2) degrees Celsius at or beyond the boundary of any lot line.
10. Fire Resistant Construction.
All new construction and additions shall be fire resistant construction in accordance with the requirements of the State Uniform Construction Code.
11. 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 exits 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 one-tenth (0.1) foot candle in residential districts.
12. 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 five-tenths (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.
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 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 Article, they shall be replaced only). All lawn or other non-paved 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 subdivision 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 in Section 13-529.A. 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 section shall in violation of this Chapter subject to the penalties prescribed in Section 16-309 of this Chapter.
A. In carrying out all its duties and responsibilities, including but not limited to the nomination of landmarks and districts for historic designation pursuant to Section 16-315.1. and the review of regulated activities pursuant to Section 16-941.D., the Commission shall be guided by the "Secretary of the Interior's Standards for Rehabilitation of Historic Buildings" which may hereafter be amended and which are given as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
B. On a historic landmark or within a historic district designated pursuant to Article 9, Section 16-901.A.6. and regulated pursuant to Section 16-941, visual compatibility factors shall be considered by the Landmarks Commission in its review. It is the intent of this Ordinance to preserve the integrity and authenticity of historic landmarks and districts and to insure the compatibility of new structures. If past architectural styles are to be used, a copy of a specific structure is preferable to an amalgam of building types and styles. In regard to an application for any regulated activity pursuant to Section 16-941 the following visual compatibility factors shall be considered:
1. Height. The height of the proposed building shall be visually compatible with adjacent buildings.
2. Proportion of Building's Front Facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
3. Proportion of Openings within the Facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and placed to which it is visually related.
4. Rhythm of Solids to Voids in Front Facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.
5. Rhythm of Spacing of Buildings on Streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
6. Rhythm of Entrance and/or Porch Projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
7. Relationship of Materials, Texture and Color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
8. Roof Shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
9. Walls of Continuity. Appurtenances of a building such as walls, open-type fencing and evergreen landscape masses shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility with the buildings and places to which it is visually related.
10. Scale of Building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
11. Directional Expression of Front Elevation. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
12. Exterior Features. A structure's related exterior features such as lighting, fences, signs, sidewalks, driveways, and parking areas shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant.
C. In preparing a recommendation regarding a regulated activity pursuant to Section 16-941.D., the Landmarks Commission shall consider whether the proposed activity is reasonable and appropriate and is not in conflict with the intent and purpose of the provisions related to historic sites and districts as exemplified by the following standards and regulations.
1. Regulated Activities other than Demolitions and Removals. In regard to an application involving any regulated activity other than demolition or removal, the following matters shall be considered:
a. The extent to which the proposed use of any building or structure involved may have a negative impact on the continued viability of the historic landmark or district.
b. The extent to which the proposed activity will adversely affect the public's view of a historic landmark or a structure within a historic district.
(1) The extent to which the proposed change will detract from the architectural or historic character of the historic landmark or from the criteria which were the basis of the designation of the historic landmark.
(2) The extent to which the proposed change will result in the loss of old, unusual, or uncommon design, craftsmanship, textures or materials that cannot be reproduced or can be reproduced only with great difficulty.
(3) The landmark's importance to the Township and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest by the proposed activity.
d. If within a historic district:
(1) The extent to which the proposed change will detract from the character or ambiance of the historic district or from the criteria which were the basis of the designation of the historic district.
(2) The extent to which the proposed change is visually compatible with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in Section 16-530.
2. Demolitions. In regard to an application to demolish a historic landmark, or any improvement within a historic district, the following matters shall be considered:
a. Its historic, architectural, cultural or scenic significance in relation to the criteria established in Section 16-941.
b. If it is within a historic district, its significance to the district as a key, contributing or non-contributing structure and the probable impact of its removal on the character and ambiance of the district and the criteria which were the basis of the designation of the district.
c. Its potential for use for those purposes currently permitted by the Zoning Ordinance.
d. Its structural condition and the economic feasibility of alternatives to the proposal.
e. Its importance to the Municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
f. The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty and expense.
g. The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, attracting tourists, attracting new residents, stimulating interest and study in architecture and design, or making the Municipality an attractive and desirable place in which to live.
3. In regard to an application to move a historic landmark or any building or structure in a historic district to a new location, the following matters shall be considered:
a. The historic loss to the site of original location and, if the present location is within a historic district, to the historic district as a whole.
b. The reasons for not retaining the landmark or structure at its present site.
c. The compatibility, nature, and character of the current and of the proposed surrounding areas as they relate to the protection of interest and values referred to in this Ordinance.
d. If the proposed new location is within a district, visual compatibility factors as set forth in Section 16-530.
e. The probability of significant damage to the landmark or structure itself.
f. If it is to be removed from Middletown Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the Township and other citizens.
