A.Â
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.
B.Â
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.
C.Â
D.Â
General application.
(1)Â
The industrial performance standards contained herein
shall be the minimum standards to be met and maintained by all industrial
uses established after the effective date of this chapter. All lawfully
existing industrial uses which do not comply with these performance
standards may continue to operate but must not become more nonconforming.
All additions, expansions or changes in process shall conform with
the applicable performance standards in the respective districts.[2]
(2)Â
Although these industrial performance standards relate
more directly to industrial uses, it shall be understood that these
standards apply to all uses in all districts and, more specifically,
that no nonindustrial use in any district shall exceed M-1 performance
standards.
A.Â
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.
(1)Â
Exemptions. The following sources of noise shall be
exempt:
(2)Â
Ambient noise. Such noise shall be measured with a sound-level meter having an A-weighted filter (see § 200-11, Definitions; word usage) constructed in accordance with specifications of the American National Standards Institute (ANSI) or equivalent. The following table describes the maximum sound level permitted to emanate from within an M-1 or M-2 District (using the slow meter response). As noted, the standards are to be met at any point of measurement within an adjacent residential or commercial district or within any M-1 District lot adjacent to the noise source.
Maximum Permitted Sound Level, dB(A)
|
Sound Measured within Adjacent
|
Decibels — Continuous
Slow Meter Response
| ||
---|---|---|---|
M-1
|
M-2
| ||
Residential districts
|
50
|
50
| |
Commercial districts
|
60
|
65
| |
M-1 District lot adjacent to noise source
|
70
|
--
|
(3)Â
Short-term (impact) noises. The following table describes
the maximum impact sound level permitted to emanate from within an
M-1 or M-2 District (using the fast meter response). As noted, the
standards are to be met at any point of measurement within an adjacent
residential or commercial district or within any M-1 District lot
adjacent to the noise source.
Maximum Permitted Sound Level, dB(A)
(re: 0.002 Microbar)
|
Sound Measured Within Adjacent
|
Decibels — Impact
Fast Meter Response
| ||
---|---|---|---|
M-1
|
M-2
| ||
Residential districts
|
60
|
60
| |
Commercial districts
|
70
|
75
| |
M-1 District lot adjacent to noise source
|
80
|
--
|
B.Â
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.
(1)Â
Maximum permitted vibration levels. Table I designates
the applicable columns of Table II that apply on or beyond adjacent
lot lines within the zone and on or beyond appropriate district boundaries.
Vibration shall not exceed the maximum permitted particle velocities
of Table II. Readings may be made at points of maximum vibration intensity.
Table I
| ||||
---|---|---|---|---|
District
|
Adjacent Lot Line
(within zone)
|
District Boundaries
(on or beyond)
|
Residential District Boundary
| |
M-1
|
C
|
B1
|
A
| |
M-2
|
--
|
B2
|
A
|
NOTES:
| |||
1
|
=
|
Commercial only
| |
2
|
=
|
M-1 and Commercial only
|
Table II
Maximum Peak Particle Velocity - Inches/Second
|
Vibration
|
A
|
B
|
C
| |
---|---|---|---|---|
Steady-state
|
0.02
|
0.05
|
0.10
| |
Impact
|
0.04
|
0.10
|
0.20
|
(2)Â
For purposes of these performance standards, "steady-state
vibrations" are vibrations which are continuous or in discrete impulses
more frequent than 60 per minute. Discrete impulses which do not exceed
60 per minute shall be considered "impact vibrations."
(3)Â
Between the hours of 7:00 p.m. and 7:00 a.m., all
of the permissible vibration levels indicated for residential district
boundaries (Column A) shall be reduced to 1/2 of the indicated values.
C.Â
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:
M-1
|
M-2
| ||
---|---|---|---|
Particulates, settleable
| |||
During any 12 consecutive months, 50% of the
values of the thirty-day average concentrations shall not exceed
|
0.30 mg/cm2/mo
|
The same as M-1
| |
During any 12 consecutive months, 84% of the
values of the thirty-day average concentrations shall not exceed
|
0.45 mg/cm2/mo
|
The same as M-1
| |
Particulates, suspended
| |||
During any twenty-four-hour period, average
concentrations shall not exceed
|
250 ug/m3
|
The same as M-1
| |
During any 12 consecutive months, 50% of the
values of the twenty-four-hour average concentrations shall not exceed
|
45 ug/m3
|
55 ug/m3
| |
During any 12 consecutive months, 84% of the
values of the twenty-four-hour average concentrations shall not exceed
|
70 ug/m3
|
85 ug/m3
| |
Source: New York State Ambient Air Quality Standards.
|
D.Â
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.
(1)Â
M-1 District. The emission of smoke darker than Ringelmann
No. 1 from any chimney, stack, vent, opening or combustion process
is prohibited.
(2)Â
M-2 District. The emission of smoke darker than Ringelmann
No. 1 from any chimney, stack, vent, opening or combustion process
is prohibited, except that smoke of a shade not to exceed Ringelmann
No. 3 is permitted for up to three minutes total in any one eight-hour
period, provided that there is no deposition of soot in a residential
district.[1]
E.Â
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.
(1)Â
M-1 District. Odorous material released from any operation
or activity shall not exceed the odor threshold concentration beyond
the lot line, measured either at ground level or habitable elevation.
(2)Â
M-2 District. Odorous material released from any operation
or activity shall not exceed the odor threshold concentration at or
beyond the district boundary line, measured either at ground level
or habitable elevation.
F.Â
Airborne toxic matter.
(1)Â
The Ambient Air Quality Standards for the State of
New York Level III shall be the guide to the release of airborne toxic
materials across lot lines. Where toxic materials are not listed in
the Ambient Air Quality Standards of the State of New York, the release
of such materials shall be in accordance with the fractional quantities
permitted below of those toxic materials currently listed in the threshold
limit values adopted by the American Conference of Governmental Industrial
Hygienists. Unless otherwise stated, the measurement of toxic matter
shall be at ground level or habitable elevation and shall be the average
of any twenty-four-hour sampling period.
(2)Â
M-1 District. The release of airborne toxic matter
shall not exceed 1/30 of the threshold limit value across lot lines.
(3)Â
M-2 District. The release of airborne toxic matter
shall not exceed 1/30 of the threshold limit value beyond the district
boundary line.
G.Â
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.
H.Â
Glare. Illumination from industrial operations and
activities can be disturbing to neighboring residential districts.
A.Â
Application. Data to be provided by the applicant
for a building permit shall include but is not limited to:
(1)Â
Plans of the proposed construction, including site
plan review procedures.
(2)Â
A description of the proposed machinery, processes
and products.
(3)Â
Specifications for mechanisms and techniques proposed
in restricting possible emissions of any of the dangerous and objectionable
elements set forth above.
(4)Â
Measurements of the amount or rate of emission of
said dangerous or objectionable elements.
B.Â
Review.
(1)Â
The Planning Board shall review plans and other documentation
in connection with all applications, subject to industrial performance
standards.
(3)Â
Additional data. The Planning Board may require any
person, firm or corporation to retain an expert consultant or consultants
to study and report as to compliance or noncompliance with the performance
standards and to advise how a proposed use can be brought into compliance.
Such consultant shall be fully qualified to give the required information
and shall be persons or firms mutually agreeable to the Planning Board
and to the owner or operator of the use in question. In the event
of inability to select a mutually agreeable consultant, the Planning
Board shall make the selection. The cost of the consultant's services
shall be borne by the applicant.
C.Â
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]
D.Â
Continued enforcement.
(1)Â
The enforcement officer shall investigate any purported
violation of performance standards and, upon reasonable grounds for
the same, shall notify the Town Board of the occurrence or existence
of a probable violation thereof. The Town Board shall investigate
the alleged violation and, for such investigation, may request the
employment of qualified experts. If it is found that a violation occurred
or exists, a copy of said findings shall be forwarded to the offender,
who shall, in turn, be given a reasonable length of time to bring
the violation into compliance.
(2)Â
The services of any qualified experts employed by
the Town to advise in establishing a violation shall be paid by the
violator if said violation is established; otherwise by the Town.
E.Â
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.