Wappinger City Zoning Code
ARTICLE XI
Performance Standards
§ 240-101 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 article. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy. 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 article.
§ 240-102 Purposes.
Consistent with the general purposes of this chapter, performance standards shall set specific controls on potentially objectionable external aspects of business and industrial uses so as to:
A.
Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollutant outside the building in which the use is conducted.
B.
Control noise perceptible beyond the boundaries of the site of the use.
C.
Prevent the discharge of untreated or insufficiently treated wastes into any watercourse.
D.
Prevent the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use of located.
E.
Prevent physical hazard by reason of fire, explosion, radiation or any similar cause.
F.
Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous conditions, traffic congestion and excessive noise in the streets.
§ 240-103 Standards.
A.
Sound. Sound shall be regulated by Chapter 166, Noise, of this Code.
[Amended 6-24-2013 by L.L. No. 10-2013]
B.
Vibration.
(1)
Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the Town Engineer shall be employed.
(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:
Vibration Displacement (In Inches) | |||
|---|---|---|---|
Frequency (Cycles per Second) | Steady State | Impact | |
Under 10 | .0005 | .0010 | |
10 to 19 | .0004 | .0008 | |
20 to 29 | .0003 | .0006 | |
30 to 39 | .0002 | .0004 | |
40 and over | .0001 | .0002 | |
C.
Smoke, dust and other atmospheric pollutants.
(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 damage to property.
(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.
[Amended 9-24-2001 by L.L. No. 5-2001]
(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 No. 1 on the Ringelmann Smoke Chart shall be prohibited.
(4)
Maximum permitted emission of dust.
(a)
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.
(b)
There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.
(c)
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.
D.
Odorous matter. No land use shall be permitted which emits any discernible odor outside the building in which the use is conducted.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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 is in the air, in the ground or in any watercourse or water body.
J.
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 Dutchess County Department of Health, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.
K.
Vehicular traffic. No nonresidential use shall be permitted where it is determined by the Town Board that 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 Administration, the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction, due to the design or capacity of the state or highway system, the relationship of such proposed use to surrounding or nearby industrial, commercial or residential uses or other factors affecting air pollution arising from mobile source activity.
§ 240-104 Procedure.
A.
In the case of any application for the establishment of a use subject to the performance standards, the Planning Board may require the applicant, at his own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards.
B.
If the Planning Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant.
C.
During the course of site plan review, the Planning Board will determine if the applicant's proposal will conform to the performance standards.
§ 240-105 (Reserved) [1]
[1]
Editor's Note: Former § 240-105, Notice of violation, as amended, was repealed 1-28-2013 by L.L. No. 6-2013.