Shapleigh City Zoning Code
ARTICLE V
Basic Performance Standards
§ 105-20 Applicability of standards; prohibited uses.
A.
These standards shall apply to all new or expanded uses of land and buildings which are listed as permitted or conditional uses in Article IV of this chapter.
B.
Prohibited uses include all uses which would be obnoxious or injurious because of odor, dust, smoke, refuse matter, fumes, noise, vibration or waste material, or which would be dangerous to the health and safety of the community or which would disturb or annoy the community, notwithstanding any other provision of this chapter and applicable state and federal laws and regulations.
C.
Plans for the effective control and/or elimination of the same shall be presented to the Planning Board for approval. When the effects of a use are uncertain, the Code Enforcement Officer, after prior notification to and at the expense of the applicant, shall employ such independent recognized consultant as necessary to ensure compliance with all requirements of this Code specifically related to the public health, safety and welfare and the abatement of nuisances. The estimated costs of such studies shall be deposited with the Town Clerk prior to their undertaking.
§ 105-21 Traffic.
A.
The proposed development shall provide for safe access to and from public and private roads. Safe access shall be assured by locating an adequate number of access points, with respect to sight distances, intersections, schools and other traffic generators. Curb cuts shall be limited to the minimum width necessary for safe entering and exiting. The proposed development shall not have an unreasonable negative impact on the Town road system and shall assure safe interior circulation within its site by separating pedestrian and vehicular traffic and providing adequate parking and loading areas. All exit driveways shall be designed according to the following standards of safe sight distance:
Site Distances | ||
|---|---|---|
Posted Speed Limit (miles per hour) | Recommended (feet) | Minimum (feet) |
25 | 250 | 175 |
30 | 300 | 210 |
35 | 350 | 245 |
40 | 400 | 280 |
45 | 450 | 315 |
50 | 500 | 350 |
55 | 550 | 385 |
B.
This section shall not be used as the sole criterion for rejecting an application, unless all possible entrances/exits are deemed to be unsafe due to poor sight distances.
§ 105-22 Noise.
A.
Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness or volume. (Please refer to the table below.) The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any activity regulated by this chapter shall be established by the time period and type of land use listed below. Sound pressure levels shall be measured on a sound-level meter at all major lot lines of the proposed site, at a height of at least four feet above the ground surface. (Please see Appendix A at the end of this chapter for an explanation of these noise levels.)
Sound Pressure Level Limit | ||
|---|---|---|
Time Period | dB(A) | |
7:00 a.m. to 10:00 p.m. | 60 | |
10:00 p.m. to 7:00 a.m. | 45 | |
(1)
The levels specified may be exceeded by 10 dB(A) for a single period, no longer than 15 minutes in any one day.
(2)
Noise shall be measured by a sound-level meter meeting the standards of the American National Standards Institute (ANSI 4-1961), American Standards Specification for General Purpose Sound Level Meters. The instrument shall be set to the A-weighted response scale and the meter to the slow response. Measurements shall be conducted in accordance with the ANSI SI. 2-1962, American Standard Method for the Physical Measurements of Sound.
B.
No person shall engage in, cause or permit any person to be engaged in very loud construction activities on a site abutting any residential use between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day. Construction activities shall be subject to the maximum permissible sound levels specified for industrial uses for the periods within which construction is to be completed pursuant to any applicable building permit. The following uses and activities shall be exempt from the sound pressure level regulations:
(1)
Home maintenance activities, for example, mowing lawns, cutting one's own firewood, etc.
(2)
Noises created by construction and maintenance activities between 7:00 a.m. and 10:00 p.m.
(3)
The noises of safety signals, warning devices and emergency pressure-relief valves or any other emergency activity.
(4)
Traffic noise on existing public roads, railways or airports.
C.
In addition to the Code Enforcement Officer, the York County Sheriff's Department shall be authorized to enforce these noise standards, because many violations could occur after normal working hours.
§ 105-23 Dust, fumes, vapors and gases.
Emission of dust, fly ash, fumes, vapors or gases which could damage human health, animals, vegetation or property, or which could soil or stain persons or property at any point beyond the lot line of the commercial or industrial establishment creating that emission, shall be prohibited. All such activities shall also comply with applicable federal and state regulations.
§ 105-24 Odors.
No land use or establishment shall be permitted to produce offensive or harmful odors perceptible beyond its lot lines, either at ground or habitable elevation.
§ 105-25 Glare.
No land use or establishment shall be permitted to produce a strong dazzling light or reflection of that light beyond its own lot lines into neighboring properties, or onto any Town way so as to impair the vision of the driver of any vehicle upon that Town way. All such activities shall also comply with the applicable federal and state regulations.
§ 105-26 Stormwater runoff.
[Amended 6-30-2009 STM]
A.
Surface water runoff shall be minimized and shall be detained on-site if possible and practicable. If it is not possible to detain water on-site, downstream improvements to the channel may be required of the developer to prevent flooding caused by this project. The natural state of watercourses, swales, berms, terraces, wooded areas and floodways or rights-of-way shall be maintained as nearly as possible. The design period is the 100-year storm ( the largest storm which would be likely to occur during a 100-year period).
[Amended 3-14-2020 ATM by Art. 8]
B.
Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.
§ 105-27 Erosion control.
[Amended 3-13-2004 ATM]
Erosion of soil and sedimentation shall be minimized by employing the following "best management" practices:
A.
Stripping of vegetation, soil removal and regrading or other development shall be accomplished in such a way as to minimize erosion.
B.
The duration of exposure of the disturbed area shall be kept to a practical minimum.
C.
Any exposed ground area shall be temporarily or permanently stabilized within one week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases, permanent stabilization shall occur within nine months of the initial date of exposure. In addition:
[Amended 6-30-2009 STM]
(1)
Where mulch hay is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.
(2)
Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.
(3)
Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.
D.
Permanent (final) vegetation and mechanical erosion control measures shall be installed as soon as practicable after construction ends.
E.
Until a disturbed area is stabilized, sediment in water runoff shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods as determined by the Planning Board.
F.
The top of a cut or the bottom of a fill section shall not be closer than 10 feet to an adjoining property, unless otherwise specified by the Planning Board. Extraction operations (sandpits, etc.) shall not be permitted within 100 feet of any property line, except as provided for in this chapter.
G.
During grading operations, methods of dust control shall be employed, wherever practicable.
§ 105-28 Setbacks and screening.
Exposed storage areas, exposed machinery installation, sand and gravel extraction operations and areas used for storage or collection of discarded automobiles, auto parts, metal or any other articles of salvage or refuse shall have sufficient setbacks and screening to provide a visual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties (a dense evergreen hedge, six feet or more in height). All such plantings shall be maintained as an effective visual screen; plants which die shall be replaced within one growing season. Where a potential safety hazard to children would be likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and be maintained in good condition.
§ 105-29 Explosive materials.
[Amended 3-8-2003 ATM by Art. 14]
A.
All propane gas tanks shall comply with NFPA 58, Liquefied Petroleum Gas Code, 2001 Edition.
B.
All other highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, unless they are located in anchored tanks at least 75 feet from any lot line, Town way or interior roadway, or 40 feet from a lot line for underground tanks; plus all relevant federal state regulations shall also be met.
§ 105-30 Water quality.
All outdoor storage facilities for fuel, chemicals, chemical or industrial wastes and potentially harmful raw materials shall be completely enclosed by an impervious pavement and shall be completely enclosed by an impervious dike which shall be high enough to contain the total volume of liquid kept within the storage area, plus the rain falling into this storage area during a fifty-year storm, so that such liquid shall not be able to spill onto or seep into the ground surrounding the paved storage area. Storage tanks for home heating oil and vehicle fuel, not exceeding two five-hundred-fifty-gallon vessels, may be exempted from this requirement, in situations where neither a high seasonal water table (within 15 inches of the surface) nor rapidly permeable sandy soils are involved.
§ 105-31 Preservation of landscape; landscaping of parking and outdoor storage areas.
[Amended 3-13-2015 ATM by Art. 3]
A.
The landscape shall be preserved in its natural state, insofar as practical as determined by the PB, by minimizing natural vegetation removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas. Parking lots shall be landscaped to prevent erosion and stormwater runoff onto neighboring properties and streets. An effective visual screen of native vegetation, including evergreens, shall be established and maintained between the parking or storage area and any abutting residential property. The PB may require additional trees planted in and around large parking lots.
B.
All parking or outdoor storage areas shall be separated from any public road by a landscaped buffer strip at least 15 feet wide. The PB may require that within the buffer strip a visual screen of plantings be established and maintained.
§ 105-32 Relation of proposed building to environment.
Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. In areas with high concentration of historic properties, the Board may require new construction to utilize exterior building materials which harmonize with surrounding properties, and to be designed so as not to be architecturally incompatible in terms of scale, height, window size and roof pitch.
§ 105-33 Refuse disposal.
The applicant shall provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner. The Board shall consider the impact of particular industrial or chemical wastes or by-products upon the Town's disposal method and/or disposal area (in terms of volume, flammability or toxicity) and may require the applicant to dispose of such wastes elsewhere, in conformance with all the applicable state and federal regulations. The Board may require the applicant to specify the amount and exact nature of all industrial or chemical wastes to be generated by the proposed operation.