Valley Stream City Zoning Code
ARTICLE XXXI
Performance Standards
§ 99-3101 Conformance required.
For the purpose of limiting the creation or effects of dangerous or objectionable elements, incident to the use of land or buildings, all uses shall hereafter be subject to the performance standard limitations of this article. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy.
§ 99-3102 Scope.
Dangerous and objectionable elements are disturbances which are hazardous, injurious, noxious or otherwise offensive by reason of fire, explosion, radioactivity or other hazard; noise or vibration; smoke, dust, odor, effluent discharge or other pollution; electrical or other disturbance, glare or flash; storage or discharge of waste or other materials conducive to the breeding of insects, rodents or other vermin.
§ 99-3103 Standards and measurements of objectionable elements at point of emission.
The existence of the following dangerous and objectionable elements shall be determined at the location of the use creating the same or at any point inside the premises.
A.
Fire, explosive hazard and heat. There shall be no storage or manufacture of materials or products which, under normal temperature conditions, burn actively, have a low ignition temperature, a high rate of burning or create excessive heat or explode.
B.
Smoke, dust and other atmospheric pollutants.
(1)
General control. The emission of excessive 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 or comfort or a source of damage to the property.
(2)
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used.
(3)
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. Smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.
(4)
Maximum permitted emission of dust. 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. 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 windblown dust or other similar types of air pollution created.
C.
Liquid or solid 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 Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of liquid or solid waste shall be so located and designed as to be screened from the street or from any adjoining property.
D.
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.
E.
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, of the Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
§ 99-3104 Standards and measurement of elements at lot line.
The existence of the following dangerous or objectionable elements shall be determined at the lot line of the use creating the same or at any point beyond said lot line.
A.
Noise.
(1)
Method of measurement. For the purpose of measuring the intensity and frequencies of sound, sound-level meter and octave-band filters shall be utilized. Octave-band analyzers calibrated with pre-1960 octave bands (American Standards Association Z24.10-1953, Octave Band Filter Set) 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.
(2)
Maximum permitted sound pressure level. The decibels resulting from any activity, whether open or enclosed, shall not exceed at any point at or beyond any lot line the maximum decibel level for the designated octave band as set forth in the following table. Where the lot lies within 200 feet of a residence district, the maximum permitted decibel level shall be reduced by six decibels from the maximum permitted level set forth in the table, and further, 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 Sunday.
Octave Band (cycles per second) | Sound Pressure Level (decibels) | |
|---|---|---|
0 to 74 | 66 | |
75 to 149 | 58 | |
150 to 299 | 55 | |
300 to 599 | 50 | |
600 to 1,199 | 45 | |
1,200 to 2,399 | 42 | |
2,400 to 4,799 | 38 | |
4,800 to 20,000 | 35 |
(3)
Exemptions. The following uses and activities shall be exempt from the noise level regulations: noises not directly under the control of the property user; noises emanating from construction and maintenance activities between 7:00 a.m. and sunset; the noises of safety signals, warning devices, emergency pressure relief valves or other emergency warning signals; and transient noises of moving sources, such as automobiles, trucks, airplanes and railroads.
B.
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 Village.
C.
Odors. No emission of odorous gases or other odorous matter shall be made or emitted which is offensive and discernible at or beyond the lot line of the use creating the same.
D.
Glare. No direct or indirect or sky-reflected glare, whether from floodlights or other lighting or high temperature processes, shall be directed or generated so as to be offensive or create a nuisance to any property or public street.
E.
Vehicular traffic. No use shall be permitted where the type and number of vehicle trips it is estimated to generate 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 United States Environmental Protection Agency, the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction, due to the design or capacity of the street or highway system.
§ 99-3105 Compliance with State Environmental Quality Review Act.
The provisions of the State Environmental Quality Review Act (SEQRA)[1] shall be complied with as appropriate. Fees for (SEQRA) processing are in addition to other fees required by this chapter as set forth by the Village Board.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.