Intent. The intent of industrial performance standards is to classify industrial uses according to their environmental effects, to permit possible industrial nuisances to be measured factually and objectively, to protect industries from arbitrary exclusion based solely on characteristics of the past, to establish standards with which industrial uses are compelled to conform and to establish districts which provide for various levels of industrial activity necessary to the economic base of the area.

Review. Review of the effects of industry on its environment is preferable during the planning stage in order to avoid remedial action after a facility is constructed and in operation.

Districts. In accord with the above, the M-1 and M-2 Districts correspond generally to the traditionally "light" and "general" industrial categories, respectively. Their differences are defined primarily by the degree of performance required under the standards contained in § 200-87.[1]

General application.

Noise. "Noise" can be defined as unwanted or unpleasant sound. The following sections deal with noises that occur over a general area (ambient) and noises which are short-term in nature (impact), such as would emanate from a punch press or drop forge hammer.

Vibration. "Vibration," as used in these performance standards, refers to ground-transmitted oscillations. They shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency particle velocity or acceleration simultaneously in three mutually perpendicular directions.

Dust and particulates. "Dust and particulate matter" is defined as fine particles, either solid or liquid, which are small enough to be dispersed and carried in the air. The following air quality standards shall apply in the M-1 and M-2 Districts:

Smoke. "Smoke" is defined as small gasborne particles other than water that form a visible plume in air. For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart as published by the United States Bureau of Mines shall be used. These provisions, applicable to gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

Odor. The variety of responses to a given odor make it difficult to define an objectionable odor. Even those considered pleasant can become undesirable as a result of continuous exposure. Thus, odors, whether pleasant or objectionable, come under the following standards. The method of measurement is that developed by the American Society of Testing Materials (D1391)26 or its equivalent.

Airborne toxic matter.

Detonable materials. Such materials shall include but are not limited to all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydrides and hydrazine and its derivatives; pyrotechnics and fireworks such as metallic powder, potassium chlorate, potassium nitrate and aluminum nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles and ozonides; unstable oxidizing agents such as perchoric acid, perchlorates, organic peroxides and hydrogen peroxide in concentrations greater than 35%. The storage, utilization or manufacture of materials or products which decompose by detonation is limited to 15 pounds and shall conform to local, state and federal laws and licensing procedures. Quantities in excess of five pounds may be stored or utilized, but not manufactured, only when permitted by special use permit of the Town Board.

Glare. Illumination from industrial operations and activities can be disturbing to neighboring residential districts.

Application. Data to be provided by the applicant for a building permit shall include but is not limited to:

Review.

Issuance of permits. Within 62 days following receipt of all required evidence, including receipt of the reports of expert consultants, the Planning Board shall make a determination as to compliance or noncompliance with the performance standards. If the use is in compliance, the Planning Board shall authorize the issuance of appropriate permits.[1]

Continued enforcement.

Cancellation of permits. If after the conclusion of the time granted for compliance with the performance standards the Town Board finds the violation is still in existence, any permits previously issued shall be void and the operator shall be required to cease operation until the violation is remedied.