Oyster Bay City Zoning Code
§ 246-10
PERFORMANCE STANDARDS
10.1 Purposes.
Consistent with the general purposes of this chapter, performance standards are established herein to set specific controls on potentially objectionable external aspects of business and industrial uses so as to:
10.1.1
Reduce to a reasonable minimum the dissemination of smoke, gas, dust or other atmospheric pollutant outside the building in which the use is conducted.
10.1.2
Eliminate discernible odors outside any business or industrial use building.
10.1.3
Control noise above ambient levels beyond the site boundaries.
10.1.4
Prevent the discharge of untreated or insufficiently treated wastes.
10.1.5
Prevent the dissemination of vibration, heat or electromagnetic interference beyond the site boundaries.
10.1.6
Prevent physical hazard by reason of fire, explosion, radiation or any other similar cause.
10.1.7
Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous conditions, traffic congestion and excessive noise.
10.2 Conformance required.
No business or industrial use shall hereafter be maintained, established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Central utility systems serving three or more dwelling units, including but not limited to systems providing heat, water, air conditioning and electric power, shall be deemed to be nonresidential uses for the purposes of this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy. The Town Board may require the applicant, at the applicant's expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards.
10.3 Standards.
10.3.1
Noise.
10.3.1.1
Method of measurement. For the purpose of measuring the intensity and frequencies of sound, sound level meters and octave band filters shall be employed. Octave band analyzers calibrated with pre-1960 octave bands shall be used. Sounds of short duration which cannot be measured accurately with the sound level meter shall be measured with an impact noise filter in order to determine the peak value of the impact.
10.3.1.2
Maximum permitted sound pressure level. The decibels resulting from any activity, whether open or enclosed, shall not exceed, at any point on or beyond any lot line, the maximum decibel level for the designated octave band as set forth in the following table, except that where the lot lies within 200 feet of a residence district, whether within or without the town, the maximum permitted decibel level at any point on or beyond the district boundary shall be reduced by six decibels from the maximum permitted level set forth in the table below and, further, except that such reduction shall also apply to any sound emitted between the hours of 9:00 p.m. and 7:00 a.m., and all day on Sundays.
Octave Band (Cycles per Second) | Maximum Permitted Sound Pressure Level (Decibels) |
|---|---|
0 — 74 | 66 |
75 — 149 | 58 |
150 — 299 | 55 |
300 — 599 | 50 |
600 — 1,199 | 45 |
1,200 — 2,399 | 42 |
2,400 — 4,799 | 38 |
4,800 — 20,000 | 35 |
10.3.1.3
Exemptions. The following uses and activities shall be exempt from the noise level regulations:
10.3.1.3.1
Noises not directly under the control of the property user.
10.3.1.3.2
Reasonable and customary noises emanating from construction and construction maintenance activities between 8:00 a.m. and sunset.
10.3.1.3.3
The noises of safety signals, warning devices, emergency pressure relief valves or other emergency warning signals.
10.3.1.3.4
Transient noises of moving sources such as automobiles, trucks, airplanes and railroads.
10.3.2
Vibration.
10.3.2.1
Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the Department of Planning and Development shall be employed.
10.3.2.2
Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration on any lot line with a vibration displacement by frequency bands in excess of that indicated in the following table:
Frequency (cycles per second) | Vibration Displacement (inches) | |
|---|---|---|
Steady-State | Impact | |
Under 10 | 0.0005 | 0.0010 |
10 — 19 | 0.0004 | 0.0008 |
20 — 29 | 0.0003 | 0.0006 |
30 — 39 | 0.0002 | 0.0004 |
40 and Over | 0.0001 | 0.0002 |
10.3.3
Smoke, dust and other atmospheric pollutants.
10.3.3.1
General control. The emission of smoke and other particulate matter, shall not be permitted, regardless of quantity, if it will be in any way detrimental to the public health, safety, welfare or comfort, or a source of potential damage to property.
10.3.3.2
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to determine the total smoke units emitted. A reading shall be taken every minute for an hour, or if less than an hour until the total smoke units emitted exceed the number allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
10.3.3.3
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emission of one smoke unit per hour and smoke with discernible density of Number 1 on the Ringelmann Smoke Chart shall be prohibited.
10.3.3.4
Maximum permitted emission of dust.
10.3.3.4.1
The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pounds of dust per thousand pounds of flue gas adjusted to 50% excess air for combustion.
10.3.3.4.2
There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.
10.3.3.4.3
All properties shall be suitably improved and maintained with appropriate landscaping and paving, or other type of improvement, so that there will be no measurable wind-blown dust or other similar types of air pollution created.
10.3.4
Odorous matter. No land use shall be permitted which emits any discernible odor at ground level outside the building in which the use is conducted.
10.3.5
Toxic or noxious matter. No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter outside the building in which the use is conducted.
10.3.6
Radiation. The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Atomic Energy Commission, shall be conducted only in accordance with the standards established in Title 10, chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
10.3.7
Electromagnetic interference. No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area within or without the town.
10.3.8
Fire and explosive hazard. No storage or manufacture of explosives, or solid materials or solid products which burn actively or which have a low ignition temperature, a high rate of burning, or create great heat, under ordinary temperature conditions, shall be permitted.
10.3.9
Heat. There shall be no emission of heat which would cause a temperature increase in excess of 1° F. along any adjoining lot line, whether such change be in the air, in the ground or in any watercourse or water body.
10.3.10
Liquid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Nassau County Board of Health, New York State Department of Environmental Conservation and any other regulatory agency having jurisdiction thereof.
10.3.11
Vehicular traffic. No use shall be permitted where it is determined by the Town Board that the type and number of vehicle trips to be generated would be expected to produce unusual traffic hazards or congestion, or cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the U.S. Environmental Protection Administration, the New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction thereof, unless such impact is adequately mitigated.