Morris Township City Zoning Code
ARTICLE VII
Performance Standards
§ 95-45 Compliance; applicability.
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 certify that the use of such specific types of machinery, equipment, devices, procedures or methods is 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.
For conditional uses or for use variances which must meet these performance standards, the Board of Adjustment shall not issue a permit for any use, structure, process or equipment until it receives a report or recommendation from the Planning Board regarding compliance with the performance standards established herein.
C.
The regulations contained in this article shall not apply to single-family detached dwellings.
§ 95-46 Temporary certificate of occupancy.
A.
In the event that a determination cannot be made at the time of application that a proposed use, process or unit of equipment will meet the standards established in this article, the Planning Board may recommend issuance of a temporary certificate of occupancy. The temporary certificate of occupancy shall 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.
B.
Within 60 days after a temporary certificate of occupancy is granted, a final certificate of occupancy shall be applied for and satisfactory evidence submitted that all standards established by this article have been met.
§ 95-47 Regulation of nuisance elements; continued compliance.
A.
Definition of nuisance elements. A "nuisance element" is any noise, radioactivity, vibration, glare, smoke, odor, air pollution or dust.
B.
Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of nuisance elements shall be made at the following locations:
Nuisance Characteristics | All R Zones | Nonresidential Zones | |
|---|---|---|---|
Smoke | VS | VS | |
Solid particles and fly ash | VS | VS | |
Odors | PL | PL | |
Liquid wastes | BW | PL | |
Solid wastes | BW | SL | |
Radiation | VS | VS | |
Noise | SL | PL | |
Vibration | BW | PL | |
Glare | BW | PL | |
Heat* | PL | PL |
* For heat, measurement shall be made at the vent or smokestack for heated air and at the property line for tested liquid or solid discharge. | ||
Key: | ||
VS = Vent or smokestack | ||
PL = Property line | ||
BW = Building wall | ||
SL = Required setback lines | ||
C.
Continued compliance. Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.
§ 95-48 Requirements and standards.
A.
Air pollution.
(1)
General. 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 Control Code, as amended, or the regulations contained in this section, whichever shall be the more stringent, shall be complied with.
(2)
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 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 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.
(3)
Solid particles and fly ash.
(a)
In any 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 Control Code.
(b)
No open burning shall be permitted in any zone.
(c)
All incinerators shall be approved by the State Department of Environmental Protection.
(d)
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.
(4)
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments.
B.
Wastes.
(1)
Liquid wastes. No liquid wastes shall be discharged into any watercourses in the Township except as herein provided. If the applicant proposes to construct facilities for the treatment of waste, he shall supply:
(a)
A statement by the New Jersey Department of Environmental Protection that such proposed facilities are in compliance with the applicable state laws and regulations.
(b)
Approval by the appropriate officials of the installation of such facilities. No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate Township or authority officials shall have first investigated the character and volume of such wastes and shall have certified that it will accept the discharge of such waste material into the system. 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.
(2)
Solid wastes. Each proposed use shall:
(a)
Assume full responsibility for adequate and regular collection and removal of all refuse, except where the Township assumes such responsibility.
(b)
Comply with all applicable provisions of the New Jersey Department of Environmental Protection.
(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 Township codes and ordinances.
C.
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 Act, P.L. 1958, c. 116,[1] as amended, whichever shall be more stringent.
[1]
Editor's Note: See N.J.S.A. 26:2D-1 et seq.
D.
Noise. Each applicant shall comply with all applicable provisions of Chapter 345, Noise, of the Code of the Township of Morris.
[Amended 12-3-2003 by Ord. No. 29-03]
E.
Vibration. In any zone, no vibrations discernible without instruments at the measuring point shall be permitted.
F.
Glare. No single standard for glare is promulgated in this chapter 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, is eliminated or activities producing such glare are carried on within a structure. Necessary glare-producing devices such as roadway and walkway lighting shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.
G.
Heat. Heat is thermal energy of a radiative, conductive or convective nature. In any zone, any use or process shall not produce a temperature rise discernible at the measuring point or discharge water into any watercourse which shall produce a temperature increase of greater than 3° in that watercourse measured at a point 10 feet from the point of discharge.
H.
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 Workforce Development indicating that adequate safeguards against fire and explosion have been taken or installed.[2]
(2)
Approval from the Township of Morris Fire Department that the applicant has complied with all applicable Township fire prevention regulations.