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 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 types of equipment, machinery or devices be installed, or that specific operating procedures or methods be followed if the government agencies or testing laboratories examine the proposed operating, shall determine that the use of such specific types of machinery, equipment, devices, procedures of 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.

The Planning Board and/or Governing Body 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.

A. 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 Planning Board 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. Noise; Any noise produced on the premises shall not be in excess of the standards listed below when measured at any property line of the lot on which the use is located:

FREQUENCY BASE CYCLES SOUND PRESSURE LEVEL

PER SECOND Decibels re 0.0002 dyne/cm 2

20 -75

69

75-150 54

150 -300 47

300 -600 41

600 -1,200 37

1.200 -2,400 34

2.400 -4,800 31

4.800 -10,000 28

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 fifteen (15) percent.

C. 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

Borough. 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 non-residential 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 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 not darker than No. 2 of the Ringelman Smoke Chart, maybe permitted for a period or periods aggregating no more than three (3) minutes in any thirty (3'0) 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 the industrial zone, 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 than control will be maintained. Table I (Odor Thresholds in Air) in Part 1 (Odor Thresholds for S3 Commercial Chemicals) of "Research en

Chemical Odors," copyrighted October, 1963 by the Manufacturing Chemists

Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.

D. Liquid Waste: No liquid waste shall be discharged in any water course or sewage collection and disposal system, except in accordance with plans approved by the Two

Rivers Water Reclamation Authority and, where required, by the New Jersey Department of Environmental Protection.

E. Solid Waste: All uses in the Borough shall:

1. Assume full responsibility for adequate and regular collection and removal of ail refuse, except if the municipality 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 Environmental

Protection.

4. Permit no accumulation on the property of any solid waste, junk, or other objectional materials.

5. Not engage in any sanitary landfill operation on the property, except as may be permitted by other Borough Codes and Ordinances.

F. 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, Chapter 116, P.L. 1958, as amended, whichever shall be more stringent.

G. Fire and Explosion Hazards; If it appears that any proposed use, structure, processor resulting product or material may constitute a fire or explosion hazard, the Planning

Board may require the applicant to supply proof of 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 or will be taken or installed.

H. No activity shall be maintained on the premises, which will produce heat or glare beyond the property line.

I. 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.

J. Storage of Flammable Material. The storage of all flammable and combustible liquids and gases shall be subject to the following regulations:

1. The storage of fuel oil in above ground tanks of a capacity greater than two hundred seventy-five (275) gallons, or a capacity greater than ten (10) gallons

Within structures shall be prohibited in residential areas or in connection with residential uses (gallonage shall be determined by water capacity measurement).

2. The above ground storage of any other flammable liquids or materials in tanks of

a capacity greater than five (5) gallons of combustible liquids or materials greater than sixty (60) gallons and all underground storage of any other flammable or combustible liquids or materials, including dispensing equipment, shall be prohibited in residential areas (gallonage shall be determined by water capacity measurement).

3. The storage of liquefied petroleum gases or other types of bottled gas, supplied or delivered for residential consumption, shall be limited to a tank or tanks with a combined equivalent water capacity of five hundred (500) gallons for each residential dwelling or structure serviced.

4. All installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of one thousand two hundred (1,200) gallons shall comply with the requirements of the Fire

Prevention Code, and all installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of four thousand (4,000) gallons shall be prohibited in areas not served by a public water main and fire hydrants complying with the requirements of the Fire

Prevention Code. The bulk storage, processing or manufacturing of liquefied petroleum vas or other types of bottled gas or facilities therefore shall not be permitted in any, residential zone.

5. All installations of flammable or combustible liquids, compressed gases or other hazardous fuels shall comply with the requirements of the Fire Prevention Code and amendments thereto.

K. Fire Resistant Construction. All new construction and additions shall be fire resistant construction in accordance with the requirements of the State Uniform Construction

Code.

L. L ig tins 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 on the property shall not exceed

0.5 foot candles beyond any property line.

2. 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.

3. 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 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 Borough which they own, use, occupy or have maintenance responsibility for in accordance with the following regulations:

A. Maintenance of all land uses within the Borough 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 or are unsightly.

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.

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. Shopping carts shall be marked with the name of the establishment, title and telephone number of person responsible for maintenance of the shopping carts, and a notice that they are not to be removed from the property on which the business is located. If shopping carts are removed from the property and abandoned, they shall be picked up by the business to which the cart belongs within 24 hours of notice from the Borough. Failure to pick up such shopping carts within 24 hours of notice shall be a violation of this Chapter, subject to the penalties prescribed h herein.

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