Lakehurst City Zoning Code
§ 25-27.28
Performance Standards.
[Ord. No. 11/78; Ord. No. 5/24/82 § 132b; Ord. No. 12/82 §§ VIII, X; Ord. No. 7/20/89 §§ 29, 30; Ord. No. 97-05 §§ 12, 13]
a.
Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator’s property as the result of the operation of such equipment.
b.
Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered, and directed as approved on the site plan so that any glare, direct light, flashes, or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also see section entitled “Lighting” in this section.
c.
Heat. Sources of heat, including but not limited to, steam, gases, vapors, products of combustion or chemical reaction shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses.
d.
Radioactivity. No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Office of Radiation Protection, N.J.D.E.P.
Proof of compliance with this requirement shall be the submission of duplicate copies of the permits and certificates.
e.
Vibrations.
1.
Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three mutually perpendicular directions, simultaneously.
2.
Vibration Level Restrictions. Vibration levels shall not exceed a particle velocity of 0.05 inches per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of 0.02 inches per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.
f.
Airborne Emissions. In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having obtained valid permits and certificates from the Bureau of Air Pollution Control, N.J.D.E.P. 7:27-8. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid “Permit to Construct”. No use, activity, operation or device shall be operated, occupied or used without a valid “Certificate to Operate Control Apparatus or Equipment”. Proof of compliance with this requirement shall be the submission of duplicate copies of the Permit to Construct and Certificate to Operate.
In addition to the requirements of N.J.D.E.P., the following shall also apply:
1.
Steam Emissions. No visible emissions of steam, having an equivalent capacity greater than 60% and excepting direct results of combustion shall be permitted within 500 feet of a residential district.
2.
Toxic Matter. Emissions of chemicals, gases, components or elements, listed as being toxic matter by the American Conference of Governmental Hygenists, N.J. Department of Labor and Industry or the U.S.E.P.A. shall not exceed the threshold level, as determined in accordance with A.S.T.M.D. 1391. The emission of concentrations, levels or mass loadings in excess of the threshold value shall be permitted only if the emissions of the toxic matter comply with the applicable regulations of the N.J.D.E.P., N.J. Department of Labor and Industry, and U.S.E.P.A. Proof of compliance shall require the submission of duplicate copies of certifications or permits from N.J.D.E.P. and N.J. Department of Labor and Industry approving the concentrations, level, or loading proposed by the applicant.
3.
Odorous matter. No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.
g.
Noise Emissions.
1.
Standard. Noise shall be measured with a sound level meter complying with the standards of the American National Standards Institute, “American Standards Specifications for General Purpose Sound Level Meters” (A.N.S.I.S. 1.4-1961 or its latest revisions). The instrument shall be set to the A-weighted response scale and the metering to the slow response. Measurements shall be conducted in accordance with the “American Standard Method for the Physical Measurements of Sound” (A.N.S.I.S.1.2-1961 or its latest revision).
2.
Noise Level Restrictions. Noises shall not exceed the maximum sound levels specified in the table, except as designated below:
Noise Level Restrictions | ||
|---|---|---|
Performance Category | Maximum Level Permitted | Where Measured |
Residential Districts | 55dBA | On or beyond the neighboring use or lot line |
Agricultural Districts | 60dBA | On or beyond the neighboring use |
All other Districts | 65dBA | On or beyond the district boundaries |
In any residential district, the A-weighted sound levels shall not exceed 45 dBA during the hours of 9:00 p.m. to 7:00 a.m. Whenever a residential district abuts any other district, the most restrictive of the limitations shall apply.
3.
Exclusions and Permitted Variations:
(a)
The levels specified in the table may be exceeded once by 10 dBA in a single period of 15 minutes, during one day.
(b)
Peak values of short duration also known as impact noises may exceed the values specified in the table by 20 dBA or have a maximum noise level of 80 dBA, whichever is more restrictive.
(c)
Noises such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of a use are excluded from the above limitations.
h.
Storage and Waste Disposal.
1.
In all districts permitting such an operation use or any activity involving the manufacture, utilization, or storage of flammable, combustible and/or explosive materials, such storage shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of N.J. or the Fire Code of the National Fire Protection Association, whichever is more restrictive.
2.
All flammable, explosive and/or combustible material shall be stored in accordance with the National Fire Protection of New Jersey Department of Labor and Industry Codes, whichever is more restrictive.
3.
All outdoor storage facilities for fuel, raw materials and products stored outdoors wherever permitted shall be enclosed by an approved safety fence and visual screen and shall conform to all yard requirements imposed upon the principal buildings in the district.
4.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces nor shall any substance which can contaminate a stream or water course or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
5.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers that are adequate to eliminate such hazards.
6.
All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil, and shall be covered with an impermeable surface with shields the facility from precipitation.
7.
The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the laws of 1986.
8.
Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.