N.J. Admin. Code § 19:31C-3.11

Current through Register Vol. 56, No. 17, September 3, 2024

Section 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.

N.J. Admin. Code § 19:31C-3.11