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The purpose of the performance standards regulations is to:
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(a)
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Measure potential nuisances and hazards objectively;
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(b)
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Protect enterprises from arbitrary control; and
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(c)
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Protect properties and the general public from hazards and nuisance.
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The intent of the performance standards regulations is to:
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(a)
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Ensure that activities in all Zones are designed and maintained
in a manner that is not detrimental to public health, safety and welfare;
and
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(b)
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To ensure that activities are conducted in a manner beneficial
to the use, enjoyment and value of neighboring properties.
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The following performance standards are to be met by any manufacturing,
commercial or related activity to be in compliance with the Newtown
Zoning Regulations:
8.10.210
Air pollution. Provisions
shall be made to control emissions of air pollutants (dust, fumes,
smoke, vapor, gas, odorous substances, etc.) into the outdoor atmosphere.
Such provisions shall be in compliance with the following standards
and all applicable federal (i.e., Clean Air Act) and state (i.e.,
Air Pollution Control, § 22a-174) regulations as presently
in force or subsequently amended.
8.10.220
Odor. Offensive odors emitted
from any use, except agricultural operations conducted using generally
recognized, good farming techniques and except mobile sources, shall
not be discernible to any objectionable degree at the property line.
An odor will be deemed objectionable when the Department of Environmental
Protection Air Compliance Unit determines such, according to guidelines
and standards provided by the General Statutes of Connecticut as presently
in force or subsequently amended.
8.10.230
Noise. The sound level (a
frequency-weighted sound measure level as measured with a sound-level
meter, using the A-weighting network = dBA) of any operation or activity,
shall not exceed the noise zone standards of the General Statutes
of the State of Connecticut (§ 22a-69) as currently in force
or subsequently amended with current standards stated at: 70 dBA for
an emitter in an industrial zone. Measurements shall be taken at a
point that is located about one foot beyond the boundary of the emitter's
property within the receptor's property other than
(a)
Noise created as a result of or relating to an
emergency,, but not limited to, sirens, alarms, etc.;
(b)
Construction or demolition activity during the
daytime, as herein defined;
(c)
Noise created by blasting, other than that conducted
with construction activity, which shall be exempt, provided that the
blasting is conducted between 7:00 a.m. and 5:00 p.m.;
(d)
Noise created by on site recreational activities
sanctioned by the state or local government, including, but not limited
to, parades, sporting events, concerts, fireworks, etc.;
(e)
Noise generated by maintenance equipment for landscaping
and snow removal, i.e., plows, mowers, etc.; farming activity; noise
generated by transmission or distribution facilities and substations
of public utilities; and
(f)
Noise that is directly caused by flight operations
specifically preempted by the Federal Aviation Administration,
8.10.240
Vibration. All machinery shall
be so mounted and operated as to prevent the transmission of ground
vibration exceeding a displacement of 0.003 of one inch measured at
any property line of its sources. No vibration shall be transmitted
and therefore felt outside the lot from which it originates.
8.10.250
Glare and heat. All uses shall
be conducted so that direct or indirect illumination from the light
source shall not cause illumination in excess of 0.5 foot-candle in
any residential zone. Glare from any source which emits harmful ultraviolet
rays shall not be seen from any point beyond the property line and
shall not create a public nuisance or hazard along lot lines. Any
form of heat shall not be perceptible outside the lot where it originates.
8.10.260
Electromagnetic radiation.
No use on any lot shall cause interference with radio, television,
phone, or internet reception on any other lot, and any use shall conform
to the regulations of the Federal Communications Commission with regard
to electromagnetic radiations and to any other applicable regulation.
8.10.270
Dangerous materials and
hazardous wastes.
8.10.271
Materials which are dangerous
due to the possibility of explosion, fire, radioactivity, corrosion,
toxicity or contamination must be secured and maintained in a manner
approved by Federal, State and Town agencies against such dangers
as:
8.10.272
Any activity whether the generation, treatment,
storage, transportation of hazardous waste (is defined and controlled
by Section 3001 of the Federal Resource Conservation and Recovery
Act, Connecticut General Statutes Chapter 445, Hazardous Waste, § 22a-114
and amendments or subsequent federal, state or Town regulations) is
restricted to approved and confirmed Environmental Protection Agency
and Department of Environmental Protection registrants and security
methods, and prior to commencement, such activity is to be reported
to and must be approved by appropriate Town officials.
8.10.273
Any discharge of wastewater into surface or
groundwaters or into a public disposal system must comply (either
by its nature or pretreatment) with all federal (i.e., National Pollutant
Discharge Elimination System) and state (i.e., Water Quality Standards
and Criteria) standards.
8.10.280
Site and property maintenance.
The site shall be maintained in a neat and orderly manner at all times
in accordance with the approved site plan. Any condition which might
adversely affect the safety of any person on the site, shall be promptly
removed. Any site feature such as curbing, pavement, pavement markings,
landscaping, lighting, building exterior, etc., which have deteriorated
beyond reasonable operational use or become damaged or destroyed,
shall be promptly restored, repaired or refurbished.
8.10.290
Open dumping. No garbage,
sewage, filth, waste, trash, debris or rubbish, including cans, bottles,
waste paper, cartons, boxes and crates, or other offensive or obnoxious
matter shall be piled, placed, stored or dumped on any land within
the township until the operator has obtained a landfill permit from
the Department of Natural Resources with Town Approval. All uses in
every zone shall place waste materials in an appropriate covered container
and properly dispose of same at least once per month in accordance
with State Law and Town Ordinance. Nothing contained herein shall
prevent the reasonable use of fertilizers, manures, and similar materials
for the improvement of land utilized for agricultural purposes where
such use does not constitute a public or private health hazard. Containers
for the disposal of refuse, provided they are:
[Added effective 7-26-2010]
In addition to these standards, all relevant provisions of any
other federal, state and Town laws and regulations shall also apply.
Where such standards, controls or regulations are not in agreement,
the more restrictive shall apply.
8.10.410
The property owner of a lot
will be solely responsible for the maintenance of the performance
standards. Where the owner requests an analysis or investigation by
a competent technical expert after having been informed in writing
of an alleged violation, the zoning enforcement officer shall engage
competent technical experts to study the alleged violation. The zoning
enforcement officer shall have sufficient ground for invoking the
provisions of law to enforce compliance hereunder.
8.10.420
Technical experts may be engaged
at the request of the Commission. The property owner shall assist
the Commission in retaining such technical experts and shall reimburse
the Town for all reasonable costs associated with obtaining such technical
expert review. All required reimbursement payments for technical expert
services shall be made to the Town prior to the decision by the Commission
on the subject application. The decision-making period shall be in
compliance with the State Statutes.
8.10.430
The owner shall, at his own
expense, furnish in writing, together with an application for a site
development plan or special exception, sufficient evidence to the
Commission that the proposed use will not produce any nuisance in
excess of the measurable performance standards listed in this section.
In many cases the relation of the prospective use to the established
performance standards cannot be judged properly during a permit processing
period or prior to operation. In such cases, the recipient of zoning
and building permits should note that these performance standards
are continuing obligations and that all land uses in Town are expected
to operate in compliance with these standards.
