Mountain Lakes City Zoning Code
ARTICLE XVI
Performance Standards and Hazardous Uses
§ 245-121 Performance standards.
Performance standards. Before the issuance of any construction permit or certificate of occupancy for any construction, alteration or conversion or use of any building, structure or land, all of the following regulations shall be complied with:
A.
Fire and explosion hazards. All activities shall be carried on only as permitted and regulated by the laws of the United States of America and the State of New Jersey in structures which conform to the standards of the National Board of Fire Underwriters' Laboratories, Inc., or Borough of Mountain Lakes ordinances, whichever are more restrictive. All operations shall be carried on, and explosive raw materials, fuels, liquids and finished products stored, in accordance with the standards of such Underwriters' Laboratories, Inc. Buildings, if required by ordinance, shall be equipped with automatic sprinklers which conform to the standards of the Underwriters' Laboratories, Inc.
B.
Radiation. Any industrial or other operations or processes involving any form of radioactive materials, radioactivity or microwave and other electric radiations shall be conducted in accordance with the New Jersey Radiation Protection Act and Code, performance standards in the National Health and Safety Act of 1968 and other applicable state and federal regulations as administered by the Bureau of Radiation Protection, New Jersey Department of Environmental Protection and related health agencies.
C.
Smoke, fumes, gases, dust and odors.
(1)
There shall be no emission of any smoke, fumes, gas, dust or odors, except in accordance with the standards established in and by the New Jersey Air Pollution Code. These and any other atmospheric pollutants as regulated in the New Jersey Air Pollution Control Code are prohibited.
(2)
Odorous matter released from any operation or activity shall not exceed the odor threshold concentration beyond the lot lines, measured either at ground level or habitable elevation in accordance with the Standard Method for Measurement of Odor in Atmosphere (dilution method), 1972 Annual Book of the American Society Testing and Materials, Philadelphia, Pennsylvania.
D.
Vibration. There shall be no vibration other than noise which is discernible to the human sense of hearing beyond the immediate site on which such use is conducted.
E.
Noise.
(1)
There shall be no noise created on any property which may result in sound in excess of the standards listed below when measured at any point on the property line of the lot on which the use or source of sound is located, unless a variance is granted by the appropriate approving authority:
(a)
Continuous airborne sound which has a sound level in excess of 65 dBA from 8:00 a.m. to 8:00 p.m. or 50 dBA from 8:00 p.m. to 8:00 a.m.
Note:"dBA" means the abbreviation designating the unit of sound level as measured by a sound level meter using the A-weighting.
(b)
Impulsive sound in air which has an impulsive sound level of 80 dBA.
(2)
Measurement of sound level shall be in accordance with the provisions of N.J.A.C. 7:29-1.1 et seq., which is hereby adopted by reference.
(3)
Compliance with these requirements is subject to review by a professional chosen by the Planning Board as needed.
F.
Petroleum storage. Any storage of petroleum products shall meet all applicable federal, state and local state codes.
§ 245-122 Hazardous uses of buildings or land.
A.
No building or land shall be used and no building or structure shall be erected, constructed, reconstructed, altered or repaired which is arranged, intended or designed for any trade, business or use that is hazardous or potentially hazardous to health or safety or which uses hazardous substances or potentially hazardous substances, or that is noxious or offensive by reason of the emission of odor, vapor, gas, dust, smoke, toxic or corrosive fumes, noise, vibration, heat, glare or flashes of light, radiation or objectionable waste, effluent or pollutants.
B.
No open area on any premises may be used for dumping, accumulating, piling or burying trash, junk or solid or liquid waste of any kind, or for storing, dismantling, demolishing or abandoning vehicles, machinery or parts thereof. Temporary storage of material for recycling shall be permitted in residential zones.
C.
The Planning Board may exempt certain minor uses of hazardous substances upon a finding that the operation of a business using the hazardous substances within the Prime Aquifer Area does not pose a risk to public health and safety and does not pose a risk to the groundwater supply.