Newstead City Zoning Code
ARTICLE XIII
Performance Standards
§ 450-87 General provisions.
Intent. The intent of industrial performance standards is to classify industrial uses according to their environmental effects; to permit possible industrial nuisances to be measured factually and objectively; to protect industries from arbitrary exclusion based solely on characteristics of the past; to establish standards with which industrial uses are compelled to conform; and to establish districts which provide for various levels of industrial activity necessary to the economic base of the Town.
Review. Review of the effects of an industry on its environment is preferable during the planning stage in order to avoid remedial action after a facility is constructed and in operation.
Districts. In accord with the above, the two districts, I-1 and I-2, correspond generally to the traditional light and medium industrial categories, respectively. As neither district distinguishes between permitted industrial uses, their differences are defined primarily by the degree of performance required under the standards contained in §§ 450-89 through 450-97 below.
General application.
The industrial performance standards contained herein shall be the minimum standards to be met and maintained by all industrial uses established after the effective date of this chapter. All existing industrial uses which do not comply with these performance standards may continue to operate but must not become more nonconforming. All additions, expansions or changes in process shall conform to the applicable performance standards in the respective districts.
Although these industrial performance standards relate more directly to industrial uses, it shall be understood that no nonindustrial use, in any district, shall exceed I-1 performance standards.
§ 450-88 Definitions and abbreviations.
As used in this article, the following terms shall have the meanings indicated:
A limit on the intensity of an environmental pollutant as measured at a receptor point rather than at the source.
A unit which describes the sound-pressure level or intensity of sound. A sound-level meter is calibrated in decibels.
Materials which decompose by detonation. Such materials include explosives, unstable compounds and fissionable matter.
The release per unit time of air pollutants from a given source.
The density of light obscuration of any smoke or plume that most closely matches the smoke shade on the standard Ringelmann Chart.
A material which produces flammable or explosive gases or vapors under ordinary temperature conditions.
The lowest temperature at which a flammable liquid will momentarily burn under prescribed conditions.
A unit of illumination equal to the light flux which falls on a one-square-foot area one foot distant from a light source of one candlepower.
A sound of short duration such as that from a forging hammer or punch press.
The lowest concentration of odorous matter that produces an olfactory response in normal human beings.
A unit of odor strength. It is the amount of an odorous material in one cubic foot of clean air that is just detectable by 50% of a panel of human observers.
Material other than water, which is suspended in or discharged into the atmosphere in a finely divided form, as a liquid or solid.
A chart originally published in the United States Bureau of Mines Circular No. 7718 (August 1955) on which density of equivalent opacity of smoke is illustrated by increasingly dense shades of gray (zero equals clear; five equals opaque).
Small gasborne particles other than water that form a visible plume in air.
An electronic instrument which includes a microphone, amplifier and output meter which measures sound-pressure levels in a specified manner.
The intensity of a sound measured in decibels.
The measure of the volume of a gas, reduced to 14.73 pounds per square inch absolute and 60° F.
Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists containing properties which by chemical means are inherently harmful and likely to destroy life and impair health or are capable of causing injury to the well-being of persons or damage to property.
Earthborne oscillations occurring in discrete pulses at less than 100 per minute.
Continuous earthborne oscillations. Discrete pulses occurring 100 or more times per minute are usually considered steady-state vibrations.
The sound-pressure level in decibels, read on a sound-level meter using the A filter. The A filter attenuates the incoming sound to approximate the sensitivity of the human ear.
Abbreviations. As used in this article, the following abbreviations shall have the meanings indicated:
mg | — | Milligram, or 1/1,000 gram | |
ug | — | Microgram, or 1/1,000,000 gram | |
ppm | — | Parts per million | |
ppb | — | Parts per billion | |
m3 | — | Cubic meter | |
mo. | — | Month |
§ 450-89 Noise.
[Amended 10-27-2014 by L.L. No. 7-2014]
Declaration of policy. The Town Board of the Town of Newstead hereby declares its intent to prevent unreasonably loud and disturbing noise and sounds that are electronically generated and/or amplified and determined by the Board to be of a character, intensity or duration as to be detrimental to the peace, health, welfare or good order of the people of the Town of Newstead. The Town Board intends to improve and promote the quality of life in our community, and in the exercise of its lawful enforcement in this regard, the Town Board does hereby enact the following section. It is the intent of the Town Board that this section will be constructed so as to effectuate the purpose described.
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The sound pressure level of the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources. Man-made sounds shall be included in the ambient noise level if they originate from permanent continuously operating equipment necessary for the facility or residential operation. An example of one such sound is air conditioning or fan units.
The sound pressure level in decibels as measured on a sound level meter, using the C-weighting network, by a trained operator. The level so read is designated "dB(C)" or "dBC."
The practical unit of measurement for sound pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals).
A public disaster or an exposure of any person or property to imminent danger.
Any gong, siren, whistle, air horn or similar device, the use of which on emergency vehicles is permitted by Subdivision 26 of § 375 of the New York State Vehicle and Traffic Law.
A calculated sound pressure (noise) level of an imaginary continuous constant amplitude signal, within a given time interval, that would produce the same energy as the fluctuating sound level that is being measured.
For the purpose of this section, shall mean any increase in the ambient noise level or any sound which exceeds the sound pressure levels, set forth in this section and has been generated by electronic or amplified means.
Any area designated pursuant to this section for the purpose of ensuring exceptional quiet.
The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network.
An instrument, which includes a microphone, amplifier, RMS detector, integrator, output meter and frequency weighting networks, for the measurement of noise and sound pressure levels which conforms to the American National Standards Institute (ANSI) Type I or Type II standards.
In decibels, 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to the reference pressure, which reference pressure of 20 micropascals.
Any device, fixed or movable, which is located or used on geographically defined real property other than a public right-of-way.
Any excessive or unusually loud electronically generated and/or amplified sound which either disturbs, injures or endangers the peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business. Standards to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to the following:
Methods of measurement.
Noise measurements shall be made with a sound-level meter manufactured according to the specifications of the American National Standards Institute, Type 2, class 2 accuracy, S1.4, IEC 61672, 60651 and S1.43, IEC 60804 or any subsequent nationally adopted standard superseding the above standards.
Sound measurements shall be made from the specific position of the complainant on the premises from which noise complaints are received and shall be made at a height of at least three feet above the ground and three feet away from walls, barriers, obstructions or other sound-reflective surfaces. Measurements shall be taken per the sound level meter conditions specified in Subsection E. Measurements shall be taken by the Code Enforcement Officer or other person designated by the Town Board.
[Amended 3-27-2023 by L.L. No. 2-2023]
Enumeration of unnecessary and unreasonable noises.
No person shall make, continue or cause to be made or continued any excessive electronically generated and/or amplified noise after the time limitations listed in this section.
[Amended 3-27-2023 by L.L. No. 2-2023]
The following acts, among others, are declared to be excessive, disturbing, unnecessary and unreasonable noises in violation of this section, but any enumeration herein shall not be deemed to be exclusive:
Bands, musical instruments, radios, etc., producing electronically generated and/or amplified sound at a level in excess of the dBC limits outlined in this chapter. The electronic generation and/or amplification of music by any band, orchestra, radio, phonograph, musical instrument, or other device for the production or reproduction of sound at a level in excess of the dBC limits outlined in this chapter.
[Amended 3-27-2023 by L.L. No. 2-2023]
Maximum permissible sound levels by receiving land use.
No person shall operate or cause to be operated on private property any source of sound electronically generated and/or amplified in such a manner as to create a sound level which exceeds the noise level (LCeq) limits set forth for the receiving land use category below when measured at or within the property boundary of the complainant receiving land use. The LCeq shall be measured with a digital integrating sound meter with the following settings: Weighting - C, Meter response—Fast, Data logging one second, run time (integration or averaging time interval)for continuous noise sources (active for two minutes or longer) no shorter than one minute or longer than two minutes.
These limits or five dBC above the ambient noise level, whichever is greater, shall apply.
Receiving Land Use | Time of Day | LCeq Noise Limit | |
|---|---|---|---|
All land use | 9:00 a.m. to 11:00 p.m. | 80 dB | |
All land use | 11:00 p.m. to 9:00 a.m. | 65 dB |
Exceptions. The requirements, prohibitions and terms of this section shall not apply to:
Any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.
The operation of any vehicles or equipment when responding to an emergency or a declared general state of emergency (e.g., civil defense or storm).
The production of music in connection with a military parade, funeral procession, or religious ceremony.
[Amended 3-27-2023 by L.L. No. 2-2023]
Sounds emanating from any publicly sponsored sporting, entertainment, or other public event such as carnivals, fairs, exhibitions, picnics, parades, or fireworks displays, provided that such events shall take place between the hours of 9:00 a.m. and 11:00 p.m. local time.
[Amended 3-27-2023 by L.L. No. 2-2023]
Activities in Town parks or public buildings under permission or authority of the Town, provided such event takes place between the hours of 9:00 a.m. and 11:00 p.m.
[Amended 3-27-2023 by L.L. No. 2-2023]
The sound created by bells or chimes associated with a church, synagogue or other place of public worship.
The sound created by any governmental agency or by the use of public warning devices.
Any activity for which the Town Board grants an exception upon application by the proponent thereof. Issuance of a special event permit alone is insufficient.
[Amended 3-27-2023 by L.L. No. 2-2023]
Activities of the Town or Volunteer Fire Companies in the performance of their duties, drills or public demonstrations.
Any acts that were booked prior to the effective date of this section. Any person who requests an exception under this provision must provide documentary evidence as to the prior booking of the act.
Penalties for offenses.
[Amended 3-27-2023 by L.L. No. 2-2023]
Any person who violates any portion of this section or uses any device which creates a violation of this section shall be guilty of a violation and, upon conviction, shall be punished by a fine of not less than $250 nor more than $500 or by imprisonment for up to 15 days, or both.
The owner of any property and any person, firm, association or corporation in control of the real property where the violation(s) of this chapter occur(s) shall be guilty of a separate violation and, upon conviction thereof, shall be fined or imprisoned as herein provided above in Subsection G(1). If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense.
Other remedies. No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from any other law.
Abatement orders.
In lieu of issuing a summons, the Code Enforcement Officer, after consultation with the Town Board, may issue an order requiring abatement of any source of sound alleged to be in violation of this section within a reasonable time period and according to guidelines which the Code Enforcement Officer may prescribe.
§ 450-90 Vibration.
Vibration, as used in these performance standards, refers to ground-transmitted oscillations. They shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency particle velocity or acceleration simultaneously in three mutually perpendicular directions.
Maximum permitted vibration levels. Table I designates the applicable columns of Table II that apply on or beyond adjacent lot lines within the zone and on or beyond appropriate district boundaries. Vibration shall not exceed the maximum permitted particle velocities of Table II. Readings may be made at points of maximum vibration intensity.
Table I | ||||
|---|---|---|---|---|
District | Adjacent Lot Line (within zone) | District Boundaries (on or beyond) | Residential District Boundary | |
I-1 | C | B (commercial only) | A | |
I-2 | — | B (M-1 and commercial only) | ||
Table II Maximum Peak Particle Velocity (inches/second) | ||||
|---|---|---|---|---|
Vibration | A | B | C | |
Steady-state | 0.02 | 0.05 | 0.10 | |
Impact | 0.04 | 0.10 | 0.20 | |
For purposes of these performance standards, steady-state vibrations are vibrations which are continuous or vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations.
Between the hours of 7:00 p.m. and 7:00 a.m., all of the permissible vibration levels indicated for residential district boundaries (Column A) shall be reduced to 1/2 of the indicated values.
§ 450-91 Dust and particulates.
As used in this section, the following terms shall have the meanings indicated:
Fine particles, either solid or liquid, which are small enough to be dispersed and carried in the air.
The following air-quality standards shall apply in the I-1 and I-2 Industrial Districts.
Type of Particulates | I-1 | I-2 | |
|---|---|---|---|
Settleable | |||
During any 12 consecutive months, 50% of the values of the 30-day average concentrations shall not exceed | 0.30 mg/cm2/mo. | 0.30 mg/cm2/mo. | |
During any 12 consecutive months, 84% of the values of the 30-day average concentrations shall not exceed | 0.45 mg/cm2/mo. | 0.45 mg/cm2/mo. | |
Suspended | |||
During any 24-hour period, average concentrations shall not exceed | 250 ug/m3 | 250 ug/m3 | |
During any 12 consecutive months, 50% of the values of the 24-hour average concentrations shall not exceed | 45 ug/m3 | 55 ug/m3 | |
During any 12 consecutive months, 84% of the values of the 24-hour average concentrations shall not exceed | 70 ug/m3 | 85 ug/m3 |
Source: New York State Ambient Air-Quality Standards. |
§ 450-92 Smoke.
As used in this section, the following terms shall have the meanings indicated:
Small gasborne particles other than water that form a visible plume in air.
For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart, as published by the United States Bureau of Mines, shall be used. These provisions, applicable to gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
I-1 District. In the I-1 District, the emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited.
I-2 District. In the I-2 District, the emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited. Smoke of a shade not to exceed Ringelmann No. 3 is permitted for up to three minutes total in any one eight-hour period, provided that there is no deposition of soot in a residential district.
§ 450-93 Odor.
The variety of responses to a given odor makes it difficult to define an "objectionable odor." Event those considered pleasant can become undesirable as a result of continuous exposure. Thus, odors, whether pleasant or objectionable, come under the following standards. The method of measurement is that developed by the American Society of Testing and Materials (D1391)26 or its equivalent.
I-1 District. Odorous material released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation.
I-2 District. Odorous material released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line measured either at ground level or habitable elevation.
§ 450-94 Airborne toxic matter.
The ambient air-quality standards for the State of New York Level III shall be the guide to the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air-quality standards of the State of New York, the release of such materials shall be in accordance with the fractional quantities permitted below of those toxic materials currently listed in the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period.
Light Industrial District I-1. In the I-1 District, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value across lot lines.
General Industrial District I-2. In the I-2 District, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value beyond the district boundary line.
§ 450-95 Detonable materials.
The storage, utilization or manufacture of materials or products which decompose by detonation shall conform to local, state and federal laws and licensing procedures.
Such materials shall include, but are not limited to, all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof such as dry nitrocellulose, black powder, boron hydrides, hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as metallic powder, potassium chlorate, potassium nitrate and ammonium nitrate; blasting explosives such as dynamite and nitrogylcerine; unstable organic compounds such as acetylides, tetrazoles and ozonides; and unstable oxidizing agents such as perchloric acid, perchlorates, organic perozides and hydrogen peroxide in concentrations greater than 35%.
§ 450-96 Fire hazards.
The storage, utilization or manufacture of flammable liquids, gases or solids shall be in accordance with the New York State Uniform Fire Prevention and Building Code.
§ 450-97 Glare.
[Amended 12-29-2015 by L.L. No. 7-2015]
Illumination from operations and activities can be disturbing to neighbors. Any operations, activity or use shall be conducted so that direct or indirect illumination from the source of light shall not exceed six lux/0.6 foot candle as measured from any property line. Installation of shields or reorientation of light sources may be required to eliminate glare across lot lines.
§ 450-98 Procedure for permit issuance.
Permit issuance procedures shall be as follows:
Application. Data to be provided by the applicant for a building permit shall include but is not limited to:
Plans of the proposed construction, including site plan review procedures.
A description of the proposed machinery, processes and products.
Specifications for mechanisms and techniques proposed in restricting possible emissions of any of the dangerous or objectionable elements set forth above.
Measurements of the amount or rate of emission of said dangerous or objectionable elements.
Review.
The Building Department and Planning Board shall review plans and other documentation in connection with all applications subject to industrial performance standards.
Additional data. The Building Department may require any person, firm or corporation to retain an expert consultant or consultants to study and report as to compliance or noncompliance with the performance standards and to advise how a proposed use can be brought into compliance. Such consultant shall be fully qualified to give the required information and shall be persons or firms mutually agreeable to the Building Department and to the owner or operator of the use in question. In the event of inability to select a mutually agreeable consultant, the Building Department shall make the selection. The cost of the consultant's services shall be borne by the applicant.
Issuance of permits. Within 30 days following receipt of all required evidence, including receipt of the reports of expert consultants, the Building Department shall make a determination as to compliance or noncompliance with the performance standards. If the use is in compliance, the Code Enforcement Officer shall authorize the issuance of appropriate permits.
Continued enforcement.
The Building Department shall investigate any purported violation of the performance standards and, upon reasonable grounds for the same, shall notify the Town Board of the occurrence or existence of a probable violation thereof. The Town Board shall investigate the alleged violation and for such investigation may request the employment of qualified experts. If it is found that a violation occurred or exists, a copy of said findings shall be forwarded to the offender who shall, in turn, be given a reasonable length of time to bring the violation into compliance.
The services of any qualified experts, employed by the Town to advise in establishing a violation, shall be paid by the violator if said violation is established, otherwise by the Town.
Cancellation of permits. If, after the conclusion of the time granted for compliance with the performance standards, the Town Board finds the violation is still in existence, any permits previously issued shall be void, and the operator shall be required to cease operation until the violation is remedied.
