Ogdensburg City Zoning Code
§ 30-509
PERFORMANCE STANDARDS FOR ALL USES.
An application for a construction permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the conditions that not Certificate of Occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant which has received approval by the State Department of Environmental Protection.
A.
Electrical and/or Electronic Devices.
All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation" and the BOCA Basic Building Code as adopted by the State of New Jersey.
B.
Glare.
No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets.
C.
Heat.
No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the State Department of Environmental Protection.
D.
Noise.
The sound level of any operation (other than the operation of registered motor vehicles or other transportation facilities operation involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the decibel levels in the designated octave bands as stated below. The sound pressure level shall be measured with a Sound Level Meter and an Octave Band Analyzer that conform to specifications published by the American Standards Association, New York, New York.
The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows (all of the decibel levels stated below shall apply in each case) between the hours of 10:00 p.m. and 7:00 a.m.:
Frequency Band (Cycles per second) | Maximum Permitted Sound-Pressure Level (Decibels) |
|---|---|
20-75 | 69 |
75-150 | 54 |
150-300 | 47 |
300-600 | 41 |
600-1,200 | 37 |
1,200-2,400 | 34 |
2,400-2,800 | 31 |
Above 4,800 | 28 |
If the noise is not smooth and continuous (if the variation of the noise level involves maximum at intervals of one second or less, it is to be considered as continuous noise) or it is not radiated at nighttime, one or more of the corrections below shall be added to or subtracted from each of the decibel levels given above. |
Type of Operation of Character of Noise | Correction in Decibels. |
|---|---|
Daytime operation only (7:00 a.m. to 10:00 p.m.) | +5 |
Noise occurs less than 5% of any one-hour period | + 5 |
Noise is of peculiar character (hum, scream, etc.) or is of impulsive character (hammering, etc.) (In the case of impulsive noise, the correction shall apply only to average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above). | -5 |
E.
Odor.
Odors shall not be discernible at the lot line or beyond. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
F.
Storage and Waste Disposal.
No flammable or explosive liquid, solids or gases shall be stored in bulk above ground; provided, however, that tanks or drums of fuel directly connected with energy devices, heating devices, or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces, or where they can contaminate an underground aquifer or otherwise render such an underground aquifer undesirable as a source of water supply or recreation, or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust, or which constitutes a fire hazard, or which may be edible or otherwise attractive to rodents and insects, to be enclosed in appropriate containers to eliminate such hazards and stored outdoors. Such outdoor storage containers shall be surrounded by fencing and adequately screened from adjacent properties.
All development plans shall provide for sufficient area for the storage or recyclable materials as follows:
1.
Each application for residential development of 50 or more units of single-family housing or 25 or more units of multi-family housing must include provisions for the collection, disposition, and recycling of recyclable materials. A single-family unit or a unit within a multi-family dwelling should provide at least 12 square feet or floor area conveniently arranged and located as a holding area for a four week accumulation of materials. Such an area may be within a hidden laundry room, basement or garage.
2.
Each application for a nonresidential use which utilizes 1,000 square feet or more of land must include provisions for the collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly generation, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bi-metal cans. The application shall provide a storage area to contain a week's accumulation of recyclable material.
3.
The storage area for recyclable materials shall be designed for truck access for pick-up of materials and be suitable screened from view if located outside a building.
G.
Ventilation.
No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines at least 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use.
H.
Vibration.
There shall be no vibration which is discernible to the human senses or which is at low or high frequencies capable of causing discomfort or damage to life or property.
I.
Toxic and Radioactive Substances.
There shall be no toxic or radioactive substances associated with any use.
J.
Drainage.
No storm water or natural drainage which originates on the property or water generated by the activity (e.g., air conditioners, swimming pools, etc.) shall be diverted across property lines unless transported in an approved or existing drainage system.
K.
Smoke Control (for nonresidential uses).
1.
No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann smoke chart as published by the U.S. Bureau of Mines.
2.
Smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any 30 minute time period.
3.
These provisions, applicable to visible gray smoke, also shall apply to visible smoke of a different color, but with an equivalent apparent opacity.
L.
Control of Dust and Dirt, Fly Ash, Fumes, Vapors and Gases.
1.
No emission of dust, dirt, fly ash, fumes, vapors and gases shall be made which can cause any damage to health, animals or vegetation or other forms of property or which can cause any noticeable soiling at any point.
2.
No emission of liquid or solid particles from any chimney, etc., shall exceed 0.3 grains per cubic foot of the covering gas at any point.
3.
Any emission of dust, dirt, fly ash, fumes, vapors or gases shall be in compliance with N.J.A.C. 7:27-8.1.
4.
For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air.