Performance standards. Any use subject to the requirements of this section may be established and maintained if its operation is approved by the Planning Board as being in conformance with the standards and regulations limiting dangerous and objectionable elements, such as dust, smoke, odor, fumes, noise or vibration. In approving the site plan, the Planning Board shall decide whether the proposed use will conform to the applicable performance standards. The applicant shall submit to the Planning Board, if the Planning Board so requests, a written report showing the manner in which the proposed use will comply with the performance standards. Any building permit or certificate of occupancy shall be conditioned on, among other things, the applicant's paying the fees for services of such expert consultant or consultants as the Planning Board may call upon for advice as to whether or not the applicant's completed buildings and installations will conform in operation to the applicable performance standards. When the use of such consultant is required by the Planning Board, the applicant shall deposit the sum of $2,500 to be applied to the fee of such consultant. Any proceeds of such deposit not used for said consultant shall be returned to the applicant, and any deficiency shall be made up by the applicant within 15 days following a request therefor by the Planning Board and, in any event, prior to the issuance of a building permit or certificate of occupancy, which shall be conditioned on the continuous conformance of the applicant's completed buildings, installations and uses to the applicable performance standards.
(1) All permitted uses shall be subject to the performance standards procedure. If the Code Enforcement Officer has reasonable grounds to believe that any proposed use violates any of the performance standards and reports accordingly to the Planning Board, then the applicant shall comply with the performance standards procedure.
(2) Enforcement provisions applicable to other uses. Initial and continued compliance with the performance standards is required of every use, including those already existing on the effective date of this chapter. Provisions for enforcement of continued compliance with the performance standards shall be invoked by the Code Enforcement Officer against any use if there are reasonable grounds to believe that the performance standards are being violated by such use.
(3) Performance standards procedure.
(a) An application for a building permit or certificate of occupancy for a use subject to the performance standards procedure shall include a plan of proposed construction and a description of the proposed machinery, operations and products and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements. The applicant shall also file with such plans and specifications an affidavit acknowledging his understanding of the applicable performance standards and stating his agreement to conform to the same at all times. No applicant will be required to reveal any secret processes, and any information which may be designated by the applicant as a trade secret and submitted herewith will be treated as confidential. During the course of site plan review, the Planning Board shall determine if the applicant's proposal falls within the performance standards.
(b) The Planning Board may require a report by one or more expert consultants retained by the Planning Board or retained by the applicant and approved by the Planning Board to advise as to whether the proposed use will conform to the applicable performance standards. The consultant shall report to the Board within 20 days of said request, and a copy of his report shall be promptly furnished to the applicant. Time extensions may be allowed by mutual agreement of the Planning Board and the applicant. The cost of any such special reports by expert consultants shall be paid by the applicant.
(4) Performance of standard regulations.
(a) Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be confined to a location with adequate safety devices against the hazard of fire and explosion. Adequate fire-fighting and fire-suppression equipment and other devices standard in the industry shall be provided. Burning of waste materials in open fires is prohibited at any point on the site. Other relevant provisions of state and local laws and regulations shall also apply.
(b) Vibration.
[1] No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot lines, nor shall any vibration produced exceed 0.002g peak at up to 50 cycles per second frequency, measured at or beyond the lot lines using either seismic or electronic vibration-measuring equipment.
[2] Vibrations occurring at higher than 50 cycles per second frequency or a periodic vibration shall not induce accelerations exceeding 0.001g. Single-impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g.
(c) Noise.
[1] The maximum decibel levels radiated by any use or facility at any lot line shall not exceed the values given in Table 1. Test procedures and instrumentation for noise measurement shall be in conformity with American National Standards Institute Standards S1.1-1971 and all subsequent revisions.
| Table 1 |
|---|
| Octave Band Center Frequency | Maximum Permitted Sound Pressure Level (dBA) |
|---|
| 31.5 | 75 |
| 63 | 67 |
| 125 | 60 |
| 250 | 54 |
| 500 | 59 |
| 1,000 | 46 |
| 2,000 | 44 |
| 4,000 | 43 |
| 8,000 | 42 |
| 16,000 | 41 |
[2] Where any use adjoins a nonindustrial zoning district at any point at the district boundary or within the nonindustrial district, the maximum permitted decibel levels in all octave bands shall be reduced by six decibels from the maximum levels set forth in Table 1.
(d) Smoke, The density of emission of smoke or any other discharge into the atmosphere during normal operations shall not exceed visible gray smoke of a shade equal to or darker than No. 2 on the Standard Ringelmann Chart. (A Ringelmann Chart is a chart, published by the United States Bureau of Mines, which shows graduated shades of gray for use in estimating the light-obscuring capacity of smoke). These provisions applicable to visible gray smoke shall also apply to visible smoke of different color but with an apparent equivalent opacity.
(e) Odors. No emission shall be permitted of odors, gases or other odorous matter in such quantity as to be readily detectable when diluted to a ration of one volume of odorous air emitted to four volumes of clean air. Any process that 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. There is hereby established, as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1959 by Manufacturing Chemists' Association, Inc., Washington, D.C., and said manual and/or table as subsequently amended.
(f) Fly ash, dust, fumes, vapors, gases, other forms of air pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point beyond the boundaries of the lot. The concentration of such emission on or beyond any lot line shall not exceed 1/10 the minimum allowable concentration set forth in Section 12-29 of the Industrial Code Rule No. 12, relating to the Control of Air Contaminants adopted by the Board of Standards and Appeals of the New York State Department of Labor, effective October 1, 1956, and any subsequent standards.
(g) Electromagnetic radiation. It shall be unlawful to operate or cause to be operated any planned or intentional sources of electromagnetic radiation which do not comply with current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission shall be unlawful if such radiation causes abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious reradiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices, as defined in the latest principles and standards of the American National Standards Institute (ANSI) and the Institute of Electrical and Electronic Engineers (IEEE).
(h) Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Atomic Energy Commission, as set forth in Title 10, Chapter
1, Part 20, Standards for Protection Against Radiation, as amended, and all applicable regulations of the State of New York.
(i) Heat. For the purposes of this chapter, "heat" is defined as thermal energy of a radioactive, conductive or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 5° F., whether such change is in the air or on the ground, in a natural stream or lake or in any structure on such adjacent property.
(j) Glare.
[Amended 8-22-2006 by L.L. No. 3-2006]
[1] Direct glare. "Direct glare" is defined, for the purpose of this chapter, as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent or arc lighting or from such high-temperature process as welding or petroleum or metallurgical refining. No such direct glare shall be permitted.
[2] Indirect glare. "Indirect glare" is defined, for the purpose of this chapter, as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. Indirect glare produced by an illumination of a reflecting surface shall not exceed the recommendations set by the Illuminating Engineering Society of North America (IESNA).
(k) Liquid or solid wastes. No discharge of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer or stream or into the ground, except when in accord with standards approved by the State and County Departments of Health, Monroe County Pure Waters Agency and local ordinances. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.