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.
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.
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.
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.
[1]
Editor's Note: Former § 240-105, Notice of
violation, as amended, was repealed 1-28-2013 by L.L. No. 6-2013.