No nonresidential 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 section.
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 is 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.
[1]
Editor's Note: Former § 223-29, Noise, was repealed 12-9-2019 by L.L. No. 13-2019.
A.
Method of measurement. For the purpose of measuring
vibration, a three-component measuring system approved by the City
Engineer shall be employed.
B.
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
(inches)
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Steady-State
|
Impact
| |
|
Under 10
|
0.0005
|
0.0010
| |
|
10 to 19
|
.0004
|
.0008
| |
|
20 to 29
|
.0003
|
.0006
| |
|
30 to 39
|
.0002
|
.0004
| |
|
40 and over
|
.0001
|
.0002
| |
A.
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.
B.
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.
C.
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.
D.
Maximum permitted emission of dust.
(1)
The emission of dust related to combustion for indirect
heating from any source shall not exceed 0.30 pound of dust per thousand
pounds of flue gas adjusted to 50% excess air for combustion.
(2)
There shall be no measurable emission of dust or other
particulate matter not related to combustion for indirect heating.
(3)
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.
No land use shall be permitted which emits any
discernible odor outside the building in which the use is conducted.
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.
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.
No operation shall be permitted which produces
any perceptible electromagnetic interference with normal radio or
television reception in any area within or without the City.
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.
There shall be no emission of heat which would
cause a temperature increase in excess of one degree Fahrenheit along
any adjoining lot line, whether such change be in the air, in the
ground or in any watercourse or water body.
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, the 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 as to discourage the breeding of
rodents or insects.
No nonresidential use shall be permitted where
it is determined by the City Council 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.
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.
If, in the judgment of the Building Inspector
or of the City Council, there is a violation of the performance standards:
A.
The Building Inspector shall give written notice,
by registered or certified mail, to the owner and tenants of the property
upon which the alleged violation occurs, describing the particulars
of the alleged violation and the reasons why it is believed that there
is a violation in fact, and shall require an answer or correction
of the alleged violation to the satisfaction of the Building Inspector
within a reasonable time limit set by said Inspector. The notice shall
state, and it is hereby declared, that failure to reply or to correct
the alleged violation to the satisfaction of the Building Inspector
within the time limit constitutes admission of a violation of this
chapter. The notice shall further state that, upon request of those
to whom it is directed, technical determinations of the nature and
extent of the violation as alleged will be made and that, if a violation
as alleged is found, costs of the determinations will be charged against
those responsible, in addition to such other penalties as may be appropriate,
and that, if it is determined that no violation exists, costs of determination
will be borne by the City.
B.
If, within the time limit set, there is no reply,
but the alleged violation is corrected to the satisfaction of the
Building Inspector, he shall note "Violation Corrected" on his copy
of the notice and shall retain it among his records.
C.
If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, he shall proceed to take action in accordance with § 223-53 of this chapter.
