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.
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.
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.
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.
