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New Milford City Zoning Code

§ 30-26.12

Performance Standards.

[Ord. No. 77:11; Ord. No. 91:16 § XLI]
a. 
Permits and Operations. An application for any building permit or certificate of occupancy in the light industrial park zone shall be accompanied by an application for site plan approval. The applicant for any use in the above district shall submit a complete site plan application as currently being used by the Borough. The applicant shall submit all plans of any proposed development or construction for proposed alteration, change or enlargement of an existing structure including a description of the proposed use and the proposed machinery, operation and products as well as an affidavit by the applicant acknowledging his/her understanding of the applicable performance standards and/or required conditions and agreeing to conform to same at all times as follows:
1. 
If the Planning Board determines that, due to the nature of the intended use, there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards and/or required conditions and that the site plan should be reviewed for report by one or more expert consultants, the Planning Board shall request a deposit as described in the current fee schedule subsection 30-3.2 to be submitted, which will be used to defray the cost of the special reports required to process it. The Planning Board shall refer the application for investigation and report to one or more independent expert consultants selected by the Board as qualified to advise on conformance to the required performance standards and/or required conditions. A copy of the consultant's report shall be promptly furnished to the applicant.
2. 
Any permit authorized and issued shall be conditioned on, among other things, the applicant's completed buildings and installations in operation conforming to the applicable performance standards and/or required conditions and the applicants paying fees as described in the current fee schedule subsection 30-3.2 if needed to cover the expert's above mentioned reports. All monies not used to pay for the services of the expert consultant or consultants deemed reasonable and necessary by the Board for advice shall be returned to the applicant at the time the Board renders its decision.
3. 
The Code Enforcement Officer shall investigate any alleged violation of the performance standards and/or required conditions at any time subsequent to site plan approval and, if there are reasonable grounds to believe that a violation exists, shall notify the Planning Board. The Planning Board shall investigate the alleged violation and for such investigation may employ qualified experts. If the experts find that such a violation exists, the cost of the expert's service shall be paid by the violator. If there was no violation, the borough shall pay said costs.
b. 
Performance Standards. Before the issuance of any building or occupancy permit for any use in the Light Industrial Park Zone, all of the following minimum standards must be complied with:
1. 
Fire and Explosion Hazards. All such activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters or the Borough Building Code or Fire Ordinance, whichever is more restrictive. All operations shall be carried on and explosive raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of the Board of Fire Underwriters. Where required, every building shall be equipped with automatic sprinklers which conform to the standards of the National Board of Fire Underwriters.
2. 
Radioactivity. Any industrial activity which emits dangerous radioactivity at any point is prohibited.
3. 
Smoke, Fumes, Gases, Dust, Odors. There shall be no emission of any smoke, fumes, gas, dust or odors. These and any other atmospheric pollutants which are detectable to the human senses at the boundaries of the lot occupied by such use are prohibited.
4. 
Liquid or Solid Wastes. No operation shall discharge wastes of any kind into any reservoir, pond, lake, underground stream or underground water source. The discharge of untreated wastes into a stream is prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by Borough and New Jersey State Health Departments.
5. 
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.
6. 
Noise.
(a) 
There shall be no noise emanating from the operation or use measured from any point on the property line of the lot on which the industrial operation is located which shall exceed the values given in the following table in any octave band of frequency. The sound pressure level shall be measured with sound level meters and/or analyzers conforming to United States of America Standard Specification for General-Purpose Sound Level Meters, S1.4-1961, or latest revision; and United States of America Standard Specification for Octave, Half-Octave and Third-Octave Band Filter Sets, S1. 11-1966, or latest revision, published by the United States of America Standards Institute, New York, New York.
Octave Band Center
Frequency in Cycles Per Second
Sound Pressure Level
Decibels re 0.0002 dyne/cm2
63
58
125
49
250
42
500
37
1,000
33
2,000
25
4,000
25
8,000
24
(b) 
For objectionable noises due to intermittence, beat frequency or hammering, or if the noise is not smooth and continuous, corrections shall be made to the above table by subtracting five decibels from each of the decibel levels given.