Washington Township Morris County
City Zoning Code
City Zoning Code
ARTICLE IX
Performance Standards
§ 217-97 General application.
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 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.
For use variances which are required to meet those performance standards, the Zoning 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 section shall not apply to single-family detached dwellings.
§ 217-98 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 section, 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 of 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 section have been met.
§ 217-99 Regulation of nuisance elements.
A.
Definition of nuisance elements. A nuisance element is any noise, radioactivity, vibration, glare, smoke, air pollution and dust, which exceed the performance standards established under this section.
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:
Characteristic | All R Zones | All Nonresidential Zones | |
|---|---|---|---|
Smoke | Vent or stack | Vent or stack | |
Liquid wastes | Building wall | Building wall | |
Radiation | Vent or stack | Vent or stack | |
Noise | Setback lines | Property line | |
Vibration | Building wall | Property line | |
Glare | Building wall | Property line | |
Heat* | Vent or stack Building wall | Vent or stack Property line | |
* For heat, measurement shall be made at the vent or smokestack for heated air, and at the property line for heated liquid or solid discharge. | |||
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.
§ 217-100 Standards to be enforced.
A.
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 in the Township of Washington. 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.
B.
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 clearing 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.
C.
Wastes.
(1)
Liquid wastes. 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 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.
D.
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, of the Laws of 1958,[1] as amended, whichever shall be more stringent.
[1]
Editor's Note: See N.J.S.A. 26:2D-1 et seq.
E.
Noise.
(1)
The purpose of this subsection is to ensure that the environmental character of the area surrounding the proposed use with respect to noise shall not be altered. The standards established herein shall be interpreted in any specific case with this objective in mind.
(2)
Measurements, if required under this section, shall be made at the location noted in § 217-99. Measurements where required shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute Standard S 1.4-1961 or the latest revision thereof and S 2.22 or the latest revision. All measurements shall be made in at least eight frequency bands.
(3)
Ambient noise levels shall be made between the hours of 8:00 a.m. and 11:00 p.m. for periods of at least one hour on three separate occasions.
(4)
The permitted noise level of the proposed use, measured at the measuring line, shall not exceed the ambient noise levels in each frequency band.
(5)
In addition, noise control shall be subject to standards established by the New Jersey Department of Environmental Protection. Where standards are established and are more restrictive than contained in this chapter, the more restrictive standards shall be applicable.
F.
Vibration. In any zone, no vibrations discernible without instruments at the measuring point shall be permitted.
G.
Outdoor lighting and glare. 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 outdoor lighting and 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 single-family detached dwellings and residential uses in accordance with § 159-41A.
[Amended 8-19-2002 by Ord. No. 32-02]
(1)
The lighting standards in this section apply to all nonresidential land uses and multifamily dwellings in the Township of Washington and, in addition, to all one- and two-family dwellings constructed in the Township after the effective date of this subsection. Residential developers shall be required to notify purchasers of residential dwellings that compliance with these standards is required by local ordinance.
(2)
All outdoor light fixtures that serve one- and two-family dwellings and that have initial light outputs greater than 1,500 lumens shall be outdoor, enclosed light fixtures. Light fixtures with initial light outputs less than 1,500 lumens such as decorative porch lights, wall sconces, post top lanterns and walkway fixtures may contain lamps and glass/plastic diffusing devices that extend beyond the opaque fixture enclosure. All outdoor light fixtures shall comply with the requirements as specified below:
(a)
Light distributions generated by light fixtures shall be confined to the property on which they are installed.
(b)
Outdoor light fixtures properly installed and maintained shall be directed so that there will not be any direct glare source visible from any adjacent residential property.
(c)
Light fixtures installed within any setback area, including front, rear or side yard setbacks, shall contain shielding devices to prevent light spill and glare upward and onto adjacent properties.
H.
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 three degrees in that watercourse measured at a point 10 feet from the point of discharge.
I.
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 Township of Washington Fire Inspector that the applicant has complied with all applicable Township fire prevention regulations.