[Amended 5-17-1982; 2-4-1985]
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 Planning Board or its designated representative, that the proposed use, structure, process or equipment will conform fully with all of the applicable performance standards. As evidence of compliance, the Planning Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific operation 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. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.
B. 
The Planning Board may require that instruments and/or other devices be used to determine compliance with all applicable performance standards of an existing use, and the cost shall be incurred by the specific use in question.
C. 
All applications for conditional uses and use variances which must meet the performance standards of this Article shall include necessary documentation indicating compliance with the performance standards established herein.
D. 
In the event that a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established herein after completion or installation and operation. Within 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 Article have been met.
A. 
Noise.
(1) 
Any noise produced on the premises shall not be in excess of standards listed below when measured at any property line of the lot on which the use is located:
Frequency Band
(cycles per second)
Sound Pressure Level
(decibels re 0.002 dyne/cm)
20 to 75
69
75 to 150
54
150 to 300
47
300 to 600
41
600 to 1,200
37
1,200 to 2,400
34
2,400 to 4,800
31
4,800 to 10,000
28
(2) 
If the noise is not smooth and continuous but is of an impulsive or periodic character, the decibel levels indicated above shall be reduced by 15%.
B. 
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 Township. All provisions of the New Jersey Air Pollution Code, as amended and as augmented by regulations hereinafter designated as the "code," and all the following provisions stated, whichever shall be the more stringent, shall be complied with:
(1) 
Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, 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, may be permitted for a period or periods aggregating no more than three minutes in any 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 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Code.
(b) 
In any remaining zone, the allowable discharge shall be 75% of the allowable emission permitted by the code.
(c) 
No open burning shall be permitted in any zone.
(d) 
All incinerators shall be approved by the State Department of Health.
(e) 
No solid fuel shall be used to heat or cool any building or used in any process.
(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 I (Odor Thresholds in Air) in Part I (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.
C. 
Liquid waste. No liquid waste shall be discharged into any watercourse in the Township except as herein provided. If the applicant proposes to construct facilities for the treatment of waste, he shall supply:
(1) 
A statement by the New Jersey Department of Health that such proposed facilities are in compliance with applicable state laws and regulations.
(2) 
Approval of the installation of such facilities by the appropriate officials. No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate municipal or authority officials shall have first investigated the character and volume of such waste and shall have certified that the system is adequate to receive the liquid waste. The applicant shall comply with any requirements of said officials, including the pretreating 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.
D. 
Solid waste. All uses in the Township shall:
(1) 
Assume full responsibility for adequate and regular collection and removal of all refuse except if the Township assumes the responsibility.
(2) 
Comply with all applicable provisions of the Air Pollution Control Code.
(3) 
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Health.
(4) 
Permit no accumulation on the property of any solid waste, junk or other objectionable materials.
(5) 
Not engage in any sanitary landfill operation on the property except as may be permitted by other Township codes and ordinances.
E. 
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 Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such Act as well as the Radiation Protection Act, P.L. 1958, c. 116, as amended,[1] whichever shall be more stringent.
[1]
Editor's Note: See N.J.S.A. 26:2D-1 et seq.
F. 
Fire and explosion hazards. 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 State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been taken or installed.
(2) 
Approval from the appropriate Township fire prevention officer that the applicant has complied with all applicable Township fire prevention regulations.
G. 
No activity shall be maintained on the premises which will produce heat or glare beyond any property line.
H. 
No machinery or operation shall be permitted which shall cause perceptible earthshaking vibration beyond the property lines of the lot on which the use is located.
I. 
Storage of flammable material. The storage of all flammable and combustible liquids and gases shall be subject to approval by the North Brunswick Fire Prevention Bureau.
J. 
Fireproof construction. All new construction and additions except one- and two-family dwellings shall be of fireproof construction as defined in the New Jersey State Uniform Construction Code.[2]
[2]
Editor's Note: See Ch. 147, Construction Codes, Uniform.
K. 
Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(1) 
The illumination provided by artificial lighting shall not exceed 0.5 footcandle beyond any property line.
(2) 
Spotlights or other types of artificial lighting that provide a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property line.
(3) 
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall be located above the areas they illuminate and shall not emit beams of light that are directed above the horizontal plane of light of the light source.