Any proposed nonresidential use shall be subject to the following
performance standards and shall conform to the restrictions set forth
herein. Owners and/or applicants shall also be required to meet all
other requirements and regulations promulgated by the New York State
Department of Environmental Conservation, New York State Department
of Health, or any other state or federal agency which may also regulate
the use.
A. Measurement at the point of emission. The existence of the following
dangerous and objectionable elements shall be determined at the location
of the use creating same or at any point beyond, and these shall be
limited as follows:
(1) Explosives. As defined in 29 CFR 1910.109, any chemical compound,
mixture, or device, the primary or common purpose of which is to function
by explosion, i.e., with substantially instantaneous release of gas
and heat, unless such compound, mixture, or device is otherwise specifically
classified by the U.S. Department of Transportation; see 49 CFR Chapter
I. The term "explosives" shall include all material which is classified
as Class A, Class B, and Class C explosives by the U.S. Department
of Transportation, and includes, but is not limited to dynamite, black
powder, pellet powders, initiating explosives, blasting caps, electric
blasting caps, safety fuse, fuse lighters, fuse igniters, squibs,
corbeau detonate fuse, instantaneous fuse, igniter cord, igniters,
small arms ammunition, small arms ammunition primers, smokeless propellant,
cartridges for propellant-actuated power devices, and cartridges for
industrial guns. Commercial explosives are those explosives which
are intended to be used in commercial or industrial operations.
(2) Fire hazards. All activities involving the use or storage of flammable
or explosive materials require adequate safety, firefighting, and
fire-suppression equipment in accordance with the most stringent applicable
local, state or federal regulations. The burning of waste materials
in open fires is prohibited.
(3) Radioactivity or electrical disturbance. No activities shall be permitted
which emit dangerous levels of radioactivity. No activities shall
be permitted which produce electrical and/or electromagnetic disturbance
(except from domestic household appliances and from communications
equipment subject to control of the Federal Communications Commission
or appropriate federal agencies) adversely affecting the operation
at any point of any equipment other than that of the creator of such
disturbance.
(4) Smoke. No emission shall be permitted at any point from any chimney,
or otherwise, of visible grey smoke of a shade darker than No. 1 on
the Ringelmann Smoke Chart, as published by the United States Bureau
of Mines. (Power's Micro-Ringelmann Chart, McGraw-Hill Publishing
Company, 1954, may be used.) This provision, applicable to visible
grey smoke, shall also apply to visible smoke of a different color
but with an equivalent apparent opacity.
(5) Other forms of air pollution. No emission of fly ash, dust, fumes,
vapors, gases and other forms of air pollution shall be permitted
which can cause any damage to health, animals or vegetation or to
other forms of property, or which can cause any excessive soiling
of any paint. In no event shall any emission of any solid or liquid
particles in concentrations exceeding 3/10 (0.3) grains per cubic
foot of the conveying gas or air at any point be permitted. For measurement
of the amount of particles in gases resulting from combustion, standard
corrections shall be applied to a stack temperature of 500° F.
and 50% excess air.
(6) Liquid or solid wastes. No discharge shall be permitted into any
private sewage disposal system or street or into the ground, of any
materials in such a way or of such nature or temperature as can contaminate
any water supply or otherwise cause the emission of dangerous or objectionable
elements, except in accordance with standards promulgated by the New
York State Department of Environmental Conservation, New York State
Department of Health or the Orange County Department of Health. No
accumulation of solid wastes conducive to the breeding of rodents
or insects shall be permitted.
B. Measurement at the lot line. The existence of the following dangerous
and objectionable elements shall be determined at the lot line of
the use creating the same, or at any point beyond said lot line:
(1) Noise. In addition to the performance standards established in Chapter
68, Noise, of the Code of the Town of Tuxedo, the following additional requirements shall apply. The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any activity regulated by these regulations shall be established by the time period and zoning district as shown below. Sound pressure levels shall be measured at all accessible lot lines, at a height of at least four feet above the ground surface. The levels specified may be exceeded by 10 decibels for a single period, no longer than 15 minutes, in any one day. The dB(A) scale shall be used. Noise shall be measured with a sound level meter meeting the standards of the American National Standards Institute (ANSI S1.401961), American Standard Specification for General Purpose Sound Level Meters. The instrument shall be set to the appropriate weight response scales and the meter to the slow response. Measurements shall be conducted in accordance with ANSI S1.2-1962, American Standard Method for the Physical Measurement of Sound.
Table III
Sound Pressure Levels
|
---|
Zoning Districts
|
Sound Pressure Level Limits (decibels - dBA)
|
---|
7:00 a.m. to 10:00 p.m.
|
10:01 p.m. to 6:59 a.m.
|
---|
LIO, GB, NB
|
60
|
50
|
All other districts
|
55
|
45
|
(2) Vibration. No vibration which is discernible to the human sense of
feeling at the property line shall be permitted for a duration of
three minutes or more in any one hour of the day between the hours
of 7:00 a.m. and 7:00 p.m., or for a duration of 30 seconds or more
in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration
at any time shall produce an acceleration of more than 1/10 G (0.1
G) or shall result in any combination of amplitudes and frequencies
beyond the safe range of Table 7, United States Bureau of Mines Bulletin
No. 442, Seismic Effects of Quarry Blasting, on any nearby structure.
The methods and equations of said Bulletin No. 442 shall be used to
compute all values for the enforcement of this section.
(3) Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be perceptible at the property lot line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established, as the guide in determining such quantities of offensive odors, Table III, Odor Thresholds, in Chapter
5, Air Pollution Abatement Manual, Copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.
(4) Glare. No direct or sky-reflected glare shall be permitted, whether
from floodlights or from high- temperature processes such as combustion
or welding or otherwise, so as to be visible beyond the property line.
All uses listed in Table I, General Use and Bulk Requirements, shall be provided with facilities for storage and disposal
of solid waste. Common waste storage areas for single-family attached
dwellings, multifamily dwellings and nonresidential uses shall be
enclosed on all sides to screen said disposal area from view of any
public street or residential area, and a screened gate shall provide
access to said area. No front-end loaded refuse container(s) shall
be located in a front yard unless the Planning Board determines that
there is no alternative location to reasonably situate the container
during site plan or special use permit review. Solid waste receptacles
for a single-family detached, single-family semi-attached, and two-family
dwellings may be placed at roadside during periods of solid waste
pickup authorized by the Town Board. The Planning Board, at its discretion,
may waive the specific design requirements for screening set forth
above, where it determines an alternative design would provide an
equivalent protection.
All mechanical rooftop equipment associated with any use other
than a single-family detached, single-family semi-attached, single-family
attached or two-family dwelling shall be screened from view and shall
not exceed 10% of the rooftop on which it is located except that the
use of solar panels that are affixed flat to a roof shall be permitted
to exceed this requirement. To the maximum extent, the rooftop equipment
shall be situated on the roof in a manner which limits views from
adjoining properties. Mechanical equipment or other utility hardware
located at ground level shall be harmonious with the building and
shall be located and/or screened so as not to be visible from public
rights-of-way.