Borough of Mountain Lakes, NJ Article I General Provisions

§ 245-1 Short title.

This chapter shall be known and may be cited as the "Zoning Ordinance" of the Borough of Mountain Lakes.

§ 245-2 Purpose and conformance.

[Added by Ord. No. 22-96]

A. Purpose. The purpose of this chapter is to regulate land use and land development as provided by, and in accordance with, the New Jersey Municipal Land Use Law, as amended.[1]

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

B. Conformance to regulations. No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such building or premises is located.

C. Permitted and prohibited uses. Permitted uses in each district shall be limited to those uses which are designated in this chapter as permitted principal uses, permitted accessory uses and/or conditional uses, as the case may be. All other uses shall be prohibited. The failure to specifically exclude any use from a zone district shall not, under any circumstances, be construed to permit any such use.

§ 245-3 Definitions.

A. For definitions, see § 40-3 of Chapter 40, Land Use Administration.

B. As used in this chapter, the following additional terms shall have the meanings indicated:

[Added 11-14-2016 by Ord. No. 10-16]

ESSENTIAL PUBLIC FACILITIES

Those public facilities which are required in order to provide basic health and safety services to residents and visitors of the Borough, including, without limitation, water sanitation plants, water treatment plants, sewer treatment plants, water storage facilities, telecommunication towers, police stations, fire stations, jails, courthouses, public health facilities, and emergency operations centers.

HAZARDOUS SUBSTANCE

Any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act, Public Law 92-500; 33 U.S.C. § 1251 et seq.), the Spill Compensation and Control Act (N.J.S.A. 58:10-23.11 et seq.) or Section 4 of the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-4). Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.

HAZARDOUS SUBSTANCE TRANSMISSION PIPELINE CORRIDOR or TRANSMISSION PIPELINE CORRIDOR

The pipeline pathway defined by rights-of-way and easements in which the pipelines and facilities of a hazardous substance transmission pipeline are located, or proposed to be located, including rights-of-way and easements over and through public or private property.

HAZARDOUS SUBSTANCE TRANSMISSION PIPELINE or TRANSMISSION PIPELINE

A pipeline, whether above or below ground, which transports or is designed to transport a hazardous substance. As used herein, a transmission pipeline includes all parts of those physical facilities through which a hazardous substance moves in transportation, including pipes, valves, and other appurtenances attached to pipes, compressor units, pumping stations, metering stations, regulator stations, delivery stations, emergency response terminals, holders, breakout tanks, fabricated assemblies, and other surface pipeline appurtenances.

HIGH-CONSEQUENCE LAND USE

A land use that, if located in the vicinity of a hazardous materials transmission pipeline, represents an unusually high risk to life in the event of a transmission pipeline failure due to the characteristics of the inhabitants or functions of the use. High-consequence land uses include:

(1) Child care;

(2) Houses of worship, including churches and other religious institutions;

(3) Hospitals;

(4) High-rise buildings, including hotels, dormitories, apartment complexes, and office buildings, which may not lend themselves to a timely evacuation;

(5) Open space uses, including Green Acres and Borough-owned lands designated as open space preservation areas, farmland preservation areas, historic preservation areas, Blue Acres preservation areas, active recreation areas, and passive recreation areas;

(6) National Park Service designated National Natural Landmarks;

(7) New Jersey Department of Environmental Protection (NJDEP) designated New Jersey Natural Areas and Natural Heritage Priority Sites;

(8) Residential care facilities;

(9) Institutional uses, including public and private schools, day-care facilities, and public or quasi-public buildings; and

(10) Essential public facilities.

TRANSMISSION PIPELINE OPERATOR

The company or person responsible for the operation, maintenance and management of the transmission pipeline.

WETLAND

An area delineated and approved as a wetland by the New Jersey Department of Environmental Protection ("DEP") or other governmental authority.